Education Act 1946 (repealed 1.11.1996)
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Change 1
2 Division of a single school into two or more schools.
(1) Where a county school, an aided school or a controlled school is organized in two or more separate departments, and proposals are submitted to the Secretary of State for Education and Science— (a) in the case of a county school by the local education authority; and (b) in the case of an aided school or a controlled school, by the . . . governors of the school after consultation with the local education authority; that the school should be divided into two or more separate schools, the Secretary of State for Education and Science may by order direct— (i) if the school is a county school, that the school shall be divided into two or more separate county schools; and (ii) if the school is an aided school or a controlled school, that the school shall be divided into two or more separate voluntary schools; and when any such order comes into operation it shall become the duty of the local education authority to maintain each of the separate schools constituted by the order as a county school or as a voluntary school, as the case may be. (2) The constitution of a separate school in pursuance of any such order shall not, for the purposes of section 12 or 13 of the Education Act 1980, be deemed to amount to the establishment of a new school. (3) Where any such order is made upon proposals submitted by the . . . governors of a controlled school, the order shall direct that each of the schools constituted in pursuance of the order shall be a controlled school. (4) Where any such order is made upon proposals submitted by the . . . governors of an aided school, the order shall direct that each of the schools constituted in pursuance of the order shall be an aided school: Provided that if the . . . governors of the original school have requested the Secretary of State for Education and Science to direct that all or any of the schools constituted in pursuance of the order shall be controlled schools; the order shall direct accordingly. (5) Subsection (4) of section fifteen of the principal Act (which relates to the circumstances in which an order directing that a school is to be an aided school is to be revoked) shall have effect as if the references therein to an order by virtue of which a school is an aided school included references to a direction that a school shall be an aided school under this section. (6) Where an order is made under this section upon proposals submitted by the . . . governors of a voluntary school which is being conducted in accordance with the transitional provisions contained in section thirty-two of the principal Act, the provisions of that section shall continue to have effect with respect to each of the schools constituted in pursuance of the order until the question whether that school shall be a controlled school, an aided school or a special agreement school is determined by an order made under subsection (2) of section fifteen of the principal Act. (7) Any order made under this section shall come into operation upon such date as may be specified in the order and may contain such incidental, consequential and supplemental provisions as appear to the Secretary of State for Education and Science to be expedient, and, without prejudice to the generality of the preceding provisions of this subsection, may in particular provide for defining the premises of each of the separate schools to be constituted in pursuance of the order. (8) No order shall be made under this section for the division of any school with respect to which a special agreement is in force.
2 Division of a single school into two or more schools.
(1) Where a county school, an aided school or a controlled school is organized in two or more separate departments, and proposals are submitted to the Secretary of State for Education and Science— (a) in the case of a county school by the local education authority; and (b) in the case of an aided school or a controlled school, by the . . . governors of the school after consultation with the local education authority; that the school should be divided into two or more separate schools, the Secretary of State for Education and Science may by order direct— (i) if the school is a county school, that the school shall be divided into two or more separate county schools; and (ii) if the school is an aided school or a controlled school, that the school shall be divided into two or more separate voluntary schools; and when any such order comes into operation it shall become the duty of the local education authority to maintain each of the separate schools constituted by the order as a county school or as a voluntary school, as the case may be. (2) The constitution of a separate school in pursuance of any such order shall not, for the purposes of section 12 or 13 of the Education Act 1980, be deemed to amount to the establishment of a new school. (3) Where any such order is made upon proposals submitted by the . . . governors of a controlled school, the order shall direct that each of the schools constituted in pursuance of the order shall be a controlled school. (4) Where any such order is made upon proposals submitted by the . . . governors of an aided school, the order shall direct that each of the schools constituted in pursuance of the order shall be an aided school: Provided that if the . . . governors of the original school have requested the Secretary of State for Education and Science to direct that all or any of the schools constituted in pursuance of the order shall be controlled schools; the order shall direct accordingly. (5) Subsection (4) of section fifteen of the principal Act (which relates to the circumstances in which an order directing that a school is to be an aided school is to be revoked) shall have effect as if the references therein to an order by virtue of which a school is an aided school included references to a direction that a school shall be an aided school under this section. (6) Where an order is made under this section upon proposals submitted by the . . . governors of a voluntary school which is being conducted in accordance with the transitional provisions contained in section thirty-two of the principal Act, the provisions of that section shall continue to have effect with respect to each of the schools constituted in pursuance of the order until the question whether that school shall be a controlled school, an aided school or a special agreement school is determined by an order made under subsection (2) of section fifteen of the principal Act. (7) Any order made under this section shall come into operation upon such date as may be specified in the order and may contain such incidental, consequential and supplemental provisions as appear to the Secretary of State for Education and Science to be expedient, and, without prejudice to the generality of the preceding provisions of this subsection, may in particular provide for defining the premises of each of the separate schools to be constituted in pursuance of the order. (8) No order shall be made under this section for the division of any school with respect to which a special agreement is in force.
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