Part II New framework for maintained schools

Chapter I Introductory

The new categories of schools

20 New categories of maintained schools.

(1)

Schools maintained by F1local authorities on or after the appointed day shall be divided into the following categories—

(a)

community schools;

(b)

foundation schools;

(c)

voluntary schools, comprising—

(i)

voluntary aided schools, and

(ii)

voluntary controlled schools;

(d)

community special schools; and

(e)

foundation special schools.

(2)

A school maintained by a F2local authority is a school falling within one of the categories set out in subsection (1) if—

(a)

it became a school of that category on the appointed day in accordance with Schedule 2 (and has not changed its category under F3the change of category provisions); or

(b)

it was established as a school of that category under F4any enactment (and has not changed its category under F3the change of category provisions); or

(c)

it has become a school of that category in accordance with F3the change of category provisions.

F5(2A)

In subsection (2) “the change of category provisions” means—

(a)

in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and

(b)

in the case of a school in Wales, Schedule 8 to this Act.

(3)

Schedule 2 makes provision for, and in connection with, the allocation to the categories set out in subsection (1) of schools which immediately before the appointed day were (within the meaning of the M1Education Act 1996)—

(a)

county, voluntary or maintained special schools, or

(b)

grant-maintained or grant-maintained special schools.

(4)

As from the appointed day a F2local authority shall maintain (as a school falling within one of those categories)—

(a)

any school within subsection (3)(a) which was maintained by the authority immediately before that day; and

(b)

(subject to subsection (5)) any school within subsection (3)(b) which immediately before that day was situated within the authority’s area.

(5)

Where a grant-maintained school within subsection (3)(b)—

(a)

was, immediately before becoming such a school, maintained by a F2local authority (“the former maintaining authority”) other than the one within whose area it was then situated, and

(b)

remains outside the area of the former maintaining authority immediately before the appointed day,

nevertheless, if an order made by the Secretary of State before that day so provides, as from that day the school shall be maintained (as a school falling within one of the categories set out in subsection (1)) by the former maintaining authority rather than the authority in whose area it is situated on that day.

(6)

In this section “school” means a primary, secondary or special school, including a nursery school which is a special school but excluding—

(a)

a nursery school which is not a special school; and

(b)

a pupil referral unit.

(7)

In this Act—

“the appointed day” (except in Part I of Schedule 32) means such day as may be appointed for the purposes of this section by an order made by the Secretary of State;

“maintained school” means (unless the context otherwise requires) a community, foundation or voluntary school or a community or foundation special school.

(8)

Any reference in this Act to the categories set out in subsection (1) or to any such category is to be read, in its application to voluntary schools, as (or as including) a reference to the sub-categories set out in subsection (1)(c)(i) and (ii) or to any such sub-category.