Part I Introductory
1 (1) Where an order under section 27 is in force, the Education Acts shall have effect subject to—
(a) this Schedule, and
(b) the provisions of this Act which modify the effect of any provision of those Acts, or confer new functions, in respect of any area to which such an order applies.
(2) In particular, to the extent that this Schedule governs the payments to be made to any local education authority or the governing body of any grant-maintained school in respect of charges by that authority or body for the provision of board and lodging (at a boarding school or otherwise than at school), section 458(2) to (5) and section 514(5) (charges) shall not apply.
(3) In this Schedule—
(a) sections 458(1) and 514(4) are referred to as the “existing charging provisions”; and
(b) “maintained school” means any county or voluntary school or any maintained special school not established in a hospital.
Part II Functions where responsibility for providing sufficient school places is shared
Introductory
2 If an order under section 27(1)(a) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.
Responsibility for providing sufficient school places
3 (1) If the schools providing relevant education which are available for the area are not sufficient, the funding authority shall, for the purpose of securing the availability of sufficient schools providing such education for the area, exercise their powers to make proposals for the establishment, alteration and discontinuance of schools.
(2) In performing that duty, the funding authority shall have regard to the need for securing that special educational provision is made for pupils who have special educational needs.
(3) The schools available for any area shall not be treated as sufficient for the purposes of this paragraph unless they are sufficient for the purposes of section 14(1) (duty of local education authority to secure availability of schools).
(4) Nothing in this paragraph requires a funding authority to take any action where to do so would not be an effective use of their resources.
(5) In this paragraph “powers to make proposals for the establishment, alteration and discontinuance of schools” means all or any of the powers to publish proposals under sections 211, 260 or 268 or give notice of proposals under section 339.
Part III Functions where responsibility for providing sufficient school places is transferred
Introductory
4 If an order under section 27(1)(b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.
Responsibility for providing sufficient school places
5 (1) The duty under section 14(1) shall be discharged by the funding authority instead of the local education authority.
(2) In discharging that duty the funding authority shall, in particular, have regard to the matters referred to in section 14(6)(b) (provision for pupils who have special educational needs).
(3) The funding authority may provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools; and, where the authority do so, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.
(4) Where the governing body of a grant-maintained school provide board and lodging at the school for pupils there, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the governing body not exceeding the cost to the governing body of the provision.
6 (1) The local education authority may continue to secure the provision of relevant education falling within section 14(1) and (subject to paragraph 7) to secure the provision of schools for that purpose.
(2) In exercising those powers the local education authority shall, in particular, have regard to the matters referred to in section 14(6) (which include the separation of primary and secondary education, and the provision of boarding accommodation for those for whom boarding is desirable).
(3) Where the local education authority—
(a) provide board and lodging at a maintained school for pupils there, or
(b) provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools,
the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.
Powers to establish, maintain and alter schools
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Charges for board and lodging or independent education
9 (1) Sub-paragraph (3) below applies where—
(a) any pupil of compulsory school age ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school;
(b) the funding authority are of the opinion that it is not practicable for the pupil to obtain admission to any maintained or grant-maintained school which is a reasonable distance from his home and provides efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have; and
(c) the authority are of the opinion that it is appropriate for the pupil to be provided with the particular board and lodging or, as the case may be, education.
(2) Sub-paragraph (3) below also applies where—
(a) any pupil ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school; and
(b) the funding authority are of the opinion that—
(i) the conditions in sub-paragraph (1) above have been, but are no longer, met by reason only of the pupil having ceased to be of compulsory school age or sub-paragraph (1)(b) above having ceased to apply, and
(ii) it would not be desirable for the pupil to cease to be provided with the particular board and lodging or, as the case may be, education.
(3) Where this sub-paragraph applies—
(a) if board and lodging is provided by the funding authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging;
(b) if board and lodging is provided at a maintained or grant-maintained school or by a local education authority, the funding authority shall pay the whole of the charges payable to any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and
(c) in any other case the funding authority shall pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education.
(4) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.
10 (1) This paragraph applies where any pupil ordinarily resident in the area is being provided—
(a) with board and lodging (at a boarding school or otherwise than at school), or
(b) with education at a school which is not a maintained or grant-maintained school,
but does not apply in any case where paragraph 9(3) applies.
(2) If board and lodging is provided at a school maintained by the responsible education authority and the authority are of the opinion that it is desirable for the pupil to be provided with board and lodging, or board and lodging otherwise than at school is provided by the authority, then—
(a) the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging; and
(b) if they are of the opinion that, in order to avoid financial hardship to the pupil’s parent, the parent should not pay the whole or any part of those charges, the authority shall remit the whole or, as the case may be, that part of those charges.
(3) If board and lodging otherwise than at school is provided by the funding authority, or board and lodging is provided at a grant-maintained school or a school maintained by another local education authority, then—
(a) the responsible education authority may pay the charges payable to the funding authority, or any local education authority or governing body, under this Schedule or the existing charging provisions in respect of the board and lodging; and
(b) if they are of the opinion that it is desirable for the pupil to be provided with board and lodging, they shall pay so much (if any) of those charges as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.
(4) In any other case to which this paragraph applies—
(a) the local education authority may pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education; and
(b) if they are of the opinion that it is—
(i) desirable for the pupil to be provided with board and lodging, and
(ii) appropriate for him to be provided with the particular board and lodging,
they shall pay so much (if any) of the fees payable in respect of board and lodging as in their opinion is required to be paid by them in order to avoid financial hardship to the parent; and
(c) if they are of the opinion that it is—
(i) desirable for the pupil to be provided with education otherwise than in a maintained or grant-maintained school, and
(ii) appropriate for him to be provided with the particular education,
they shall pay so much (if any) of the fees payable in respect of the education as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.
(5) In this paragraph “the responsible education authority”, in relation to a pupil ordinarily resident in any area, means the local education authority for the area.
(6) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.
11 (1) Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school, this paragraph applies if he is provided with board and lodging at the school or otherwise than at school and either—
(a) the school is named in the statement and—
(i) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the particular board and lodging are also provided, or
(ii) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging; or
(b) the school is not named in the statement but the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging.
(2) Where the board and lodging is provided by the responsible education authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging.
(3) Where the board and lodging is provided—
(a) by the funding authority or another local education authority, or
(b) at a grant-maintained school or a school maintained by another local education authority,
the responsible education authority shall pay the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging.
(4) In any other case to which this paragraph applies, the responsible education authority shall pay to the person providing the board and lodging the whole of the fees in respect of the board and lodging.
(5) In this paragraph “the responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV (special educational needs).
12 (1) Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school and is provided with board and lodging at the school or otherwise than at school, then—
(a) where the board and lodging is provided by the responsible education authority, the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging;
(b) where the board and lodging is provided—
(i) by the funding authority or another local education authority, or
(ii) at a grant-maintained school or a school maintained by another local education authority,
the responsible education authority may pay the whole or any part of the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and
(c) in any other case, the responsible education authority may pay to the person providing the board and lodging the whole or any part of the fees in respect of the board and lodging.
(2) In this paragraph “the responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV.
General
13 (1) The following provisions shall not apply—
(a) section 458 (charges and remission of charges for board and lodging in maintained and grant-maintained schools);
(b) section 514 (power of LEA to provide board and lodging otherwise than at school and recovery of charges from parents); and
(c) section 517(3) (payment by LEA of fees where pupil attends non-maintained school because of shortage of places in maintained and grant-maintained schools).
(2) Any charges payable to the local education authority, the funding authority or the governing body of a grant-maintained school under this Schedule may be recovered summarily as a civil debt.
14 (1) Section 438 shall have effect as if for subsection (5) there were substituted—
(5) If—
(a) within the period mentioned in subsection (3), the parent—
(i) applies to the funding authority, or the local education authority by whom the notice was served, for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school, and
(ii) in the case of an application to the funding authority, notifies the local education authority by whom the notice was served of the application,
(b) the child is offered a place at the school, and
(c) either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule,
that school shall be named in the order.
(2) Section 440 shall have effect as if for subsection (3) there were substituted—
(3) If at any time—
(a) the parent applies to the funding authority or the local education authority by whom the notice was served for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and is different from the school named in the order,
(b) the child is offered a place at the school,
(c) either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule, and
(d) the parent requests the local education authority to amend the order by substituting that school for the one currently named,
the authority shall comply with the request.
Part IV Functions where responsibility either shared or transferred
Introductory
15 If an order under section 27(1)(a) or (b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.
Responsibility for providing sufficient school places
16 In relation to any power under section 211 to publish proposals for the establishment of a grant-maintained school—
(a) references to establishing a school for the purpose of providing primary education include establishing a primary school which also provides secondary education; and
(b) references to establishing a school for the purpose of providing secondary education include establishing a secondary school which also provides primary education.
17 (1) Where relevant education is only primary education—
(a) no proposals may be published under section 260 in respect of any grant-maintained school which is a secondary school or if the implementation of the proposals would cause the school to become a secondary school;
(b) no proposals may be published under section 268 in respect of any grant-maintained secondary school; and
(c) no direction may be given under section 428(2) to the governing body of any grant-maintained secondary school.
(2) Where relevant education is only secondary education—
(a) no proposals may be published under section 260 in respect of any grant-maintained school which is a primary school or if the implementation of the proposals would cause the school to become a primary school;
(b) no proposals may be published under section 268 in respect of any grant-maintained primary school; and
(c) no direction may be given under section 428(2) to the governing body of any grant-maintained primary school.
18 The funding authority shall not by virtue of paragraph 3 or 5 be under any duty in respect of junior pupils who have not attained compulsory school age.
Boarding schools
19 The powers of the funding authority to publish proposals under sections 211 and 260 or to give notice of proposals under section 339 may, in particular, be so exercised as to secure the provision of boarding accommodation at boarding schools.
Other modifications of this Act
20 Section 259 shall have effect as if the funding authority were among the persons who may submit objections under subsection (6) of that section to proposals under that section.
21 Section 267 shall have effect as if—
(a) the reference in subsection (3) to the local education authority included the funding authority; and
(b) the funding authority were among the persons who may submit objections under subsection (7) of that section to proposals under that section.
22 Section 272 shall have effect as if—
(a) paragraph (a) of subsection (1) were omitted, and
(b) the funding authority were among the persons required to be consulted under subsection (5)(b).
23 Section 426(4) shall have effect as if the reference to the Secretary of State were to the funding authority.
Preservation of special agreements
1 Any special agreement in force immediately before the commencement of this Act shall continue in force despite the repeal by this Act of Schedule 3 to the Education Act 1944.
Variation of special agreements
2 (1) A special agreement may be varied by a further agreement between the local education authority and the governors of the school to which it relates, or in such other manner (if any) as may be specified in the agreement.
(2) Sub-paragraph (1) has effect subject to the requirements of paragraph 3.
The grant requirements
3 (1) A special agreement shall provide for the making of a grant by the local education authority to persons specified in the agreement in consideration of the execution by those persons of the proposals to which the agreement relates.
(2) Subject to sub-paragraph (3), the amount of any such grant shall be not less than half, and not more than three-quarters, of the cost of executing the proposals to which the agreement relates.
(3) Where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under section 45(2)(b), the duty of the local education authority to provide, then—
(a) if the proposals as respects the playing field or buildings are to be executed by the persons specified in the agreement, the amount of the grant (so far as attributable to the cost thereof) shall be equal to the whole of the cost; and
(b) if those proposals are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant.
Religious education
4 (1) A special agreement may provide—
(a) for the giving of religious education in the school in accordance with the provisions of the trust deed relating to it, or (where provision for that purpose is not made by such a deed) in accordance with the practice observed in the school before it became a voluntary school; and
(b) for the employment in the school, for the purpose of giving such religious education, of such number of reserved teachers as may be specified in the agreement.
(2) Sub-paragraph (1)(a) has effect subject to section 378(1)(c) and any arrangements made under section 378(2).
Repayment of grants
5 Any grant made in respect of a school in pursuance of a special agreement may, at any time while the school is a special agreement school, be repaid by the governing body to the local education authority by whom the school is maintained.
Modification of obligations with respect to repairs and alterations
6 Where a special agreement is in force in relation to a school, then, until the proposals to which the agreement relates have been carried out—
(a) the provisions of Part II relating to the respective obligations of the governing bodies of voluntary schools and the local education authority in respect of repairs and alterations to the premises of the school shall not have effect in relation to the school; and
(b) the respective obligations of the governing body of the school and the local education authority in relation to those matters shall instead be such as may be determined by agreement between the governing body and the authority or, in default of agreement, by the Secretary of State.
1 In connection with proposals by a local education authority under section 35(1)(b) for the maintenance as a county school of a school which is for the time being maintained by them as a voluntary school, they and the school’s governing body may make an agreement for the transfer to the authority of any interest in the school premises which is held by any persons for the purposes of any trust deed relating to the school.
2 Such an agreement shall not take effect unless it has been approved by the Secretary of State.
3 The Secretary of State shall not approve such an agreement unless—
(a) he is satisfied that due notice of the agreement has been given to—
(i) any persons (other than the governing body) who have an interest in the school by virtue of a trust deed relating to it, and
(ii) any other persons who appear to him to be concerned; and
(b) he is satisfied that the execution of the agreement will effect the transfer of all interests necessary for the purpose of enabling the authority to maintain the school as a county school.
4 Before approving an agreement under this Schedule, the Secretary of State shall consider any representations made to him by or on behalf of any persons appearing to him to be concerned with the proposed transfer.
5 An agreement under this Schedule—
(a) may provide for the transfer to the authority, subject to any conditions, reservations and restrictions specified in the agreement, either of the whole of any such interest as is referred to in paragraph 1 or of a lesser interest in the premises, and
(b) may include such other provisions (whether relating to the consideration for the transfer or otherwise) as may be agreed upon between the authority and the governing body.
6 Where an agreement under this Schedule has been approved by the Secretary of State, the governing body may, whether or not the interest to be transferred under the agreement is vested in them, convey that interest to the authority.
7 Where a person other than the governing body has a right to the occupation or use of the school premises or any part of them for a particular purpose, no provision of an agreement under this Schedule shall affect that right unless he has consented to it.
8 In this Schedule “premises” includes a teacher’s dwelling-house.
Name and seal of incorporated body
1 (1) A governing body incorporated under section 88(1) shall be known as “The governing body of ...” with the addition of the name of the school.
(2) The application of the seal of any such governing body must be authenticated by the signature—
(a) of the chairman of the governing body, or
(b) of some other member authorised either generally or specially by the governing body to act for that purpose,
together with the signature of any other member.
(3) Every document purporting to be an instrument made or issued by or on behalf of any such governing body and—
(a) to be duly executed under the seal of the governing body, or
(b) to be signed or executed by a person authorised by the governing body to act in that behalf,
shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Powers of incorporated body
2 (1) A governing body incorporated under section 88(1) may do anything (including in particular the things referred to in the following sub-paragraphs) which appears to them to be necessary or expedient for the purpose of or in connection with the exercise of any of the functions conferred on them under or in pursuance of any enactment.
(2) A governing body so incorporated may—
(a) acquire and dispose of land and other property;
(b) enter into contracts, other than contracts of employment;
(c) invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on;
(d) accept gifts of money, land and other property and apply it, or hold and administer it on trust, for any of those purposes; and
(e) do anything incidental to the conduct of the school.
(3) Sub-paragraphs (1) and (2) have effect subject to—
(a) any provisions of the instrument of government or articles of government for the school, and
(b) if the school has a delegated budget (as defined in section 115(b)) any provisions of the scheme falling within section 101(1) which covers the school.
(4) The governing body so incorporated of an aided school may enter into contracts for the employment of teachers and other staff, subject to any provisions of the articles of government for the school other than any provisions for the time being excluded by section 137(2) (aided schools having delegated budgets) from applying to the school.
Property, rights and liabilities
3 On the incorporation under section 88(1) of a governing body (“the new governing body”) for a school which, immediately before the incorporation date, was conducted by a temporary governing body constituted under arrangements made under section 96 or 97—
(a) all land and other property which, immediately before the date of incorporation, was property of the temporary governing body used or held for the purposes of the school, and
(b) all rights and liabilities of the temporary governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body.
4 On the incorporation under section 88(1) of a governing body (“the new governing body”) constituted under an instrument of government for two or more schools grouped in pursuance of a resolution under section 89—
(a) all land and other property which, immediately before the date of incorporation, was property of the governing body of any of those schools used or held for the purposes of the school in question, and
(b) all rights and liabilities of the governing body of any of those schools subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body.
Contracts of employment
5 Without prejudice to the generality of paragraphs 3 and 4, where those provisions effect a transfer of rights and liabilities under a contract of employment—
(a) the contract shall have effect from the date of incorporation as if originally made between the employee and the incorporated governing body, and
(b) without prejudice to sub-paragraph (a) above, anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the incorporated governing body,
but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by those provisions.
Dissolution and discontinuance
6 (1) A governing body incorporated under section 88(1) are dissolved by virtue of this paragraph—
(a) if the school they conduct is discontinued;
(b) where the school becomes a grant-maintained school or grant-maintained special school, when the local education authority cease to maintain the school; or
(c) if a new governing body of the school are constituted under Chapter IV of Part II.
(2) Where such a governing body conduct two or more schools, sub-paragraph (1) applies when, in relation to each of the schools, paragraph (a), (b) or (c) is satisfied.
7 (1) Where such a governing body are to be dissolved by reason of—
(a) the discontinuance of the county, voluntary or maintained special school which they conduct, or
(b) in the case of a governing body conducting two or more such schools, the discontinuance of each such school conducted by them,
they shall have power to transfer any land or other property of theirs which is used or held for the purposes of the school to any person who provides education.
(2) Where such a governing body are so dissolved—
(a) any such land or property for which no provision has been made under sub-paragraph (1) for transfer, and
(b) all rights and liabilities of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school in question,
shall be transferred to and, by virtue of this Act, vest in the local education authority.
(3) Sub-paragraphs (1) and (2) do not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.
8 (1) This paragraph applies where such a governing body dissolved by virtue of paragraph 6 are the governing body of two or more schools grouped in pursuance of a resolution under section 89.
(2) Where none of the schools in the group are discontinued, then in the case of each school formerly a member of the group—
(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and
(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.
(3) An order made by virtue of sub-paragraph (2) may provide that—
(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of the schools in the group, and
(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.
(4) Where not all of the schools in the group are discontinued, then in the case of each school formerly a member of the group which is not discontinued—
(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and
(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.
(5) An order made by virtue of sub-paragraph (4) may provide that—
(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of any school which is to be discontinued or the schools in the group, and
(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.
(6) Sub-paragraph (5) does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.
9 (1) This paragraph applies in relation to the governing body of two or more schools grouped in pursuance of a resolution under section 89.
(2) Where one or more schools conducted by the governing body are discontinued but the governing body are not dissolved by reason of the discontinuance, then in the case of each school formerly a member of the group which is discontinued—
(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and
(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be held by the governing body for the purposes of the schools in the group.
(3) Sub-paragraph (2) does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.
(4) Where, in the case of one or more schools conducted by the governing body, new governing bodies are constituted under Chapter IV of Part II to conduct those schools but the governing body are not dissolved by reason of the constitution of such bodies, then in the case of each school formerly a member of the group—
(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and
(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.
10 For the purposes of this Schedule, references to the discontinuance of a school are—
(a) to the local education authority ceasing to maintain it in accordance with proposals under section 167 (discontinuance of county or voluntary schools) or section 339 (discontinuance of special schools), or
(b) to its discontinuance under section 173 (discontinuance by governors of voluntary schools).
Supplementary provisions about transfers
11 Where a transfer under this Schedule relates to registered land, it shall be the duty of the transferor—
(a) to execute any such instrument under the Land Registration Acts 1925 to 1986,
(b) to deliver any such certificate under those Acts, and
(c) to do such other things under those Acts,
as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.
12 Paragraphs 6 to 8 of Schedule 1.0 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers effected by this Schedule as they apply to transfers to which that Schedule applies.
Introductory
1 In this Schedule, except where a school of a particular category is referred to—
“governing body” means the governing body of a county, voluntary or maintained special school, and
“school” means a county, voluntary or maintained special school.
Co-option or other appointment of governors
2 (1) Subject to sub-paragraph (2), where the instrument of government for a county, controlled or maintained special school provides for one or more persons to be co-opted by governors as members of the governing body, it shall not make any provision which has the effect of restricting those governors in their choice of person to co-opt.
(2) The instrument of government for a county, controlled or maintained special school shall require the governors concerned, in co-opting a person to be a member of the governing body—
(a) to have regard—
(i) to the extent to which they and the other governors are members of the local business community, and
(ii) to any representations made to the governing body as to the desirability of increasing the connection between the governing body and that community, and
(b) where it appears to them that no governor of the school is a member of the local business community or that it is desirable to increase the number of governors who are, to co-opt a person who appears to them to be a member of that community.
(3) In this paragraph references to the co-option of governors—
(a) are to the co-option of governors required to be co-opted by virtue of section 79; but
(b) do not include the co-option of foundation governors.
3 If—
(a) the instrument of government for a school provides for one or more governors to be appointed by persons acting jointly, and
(b) those persons fail to make an agreed appointment,
the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.
4 The instrument of government for a voluntary school shall name the person or persons (if any) who are entitled to appoint any foundation governor.
Ex officio governors
5 If a school has more than one head teacher (whether or not as a result of two or more schools being grouped under section 89), each of them shall be a governor (ex officio) unless he chooses not to be.
6 The instrument of government for a voluntary school may provide for any foundation governorship to be held ex officio by the holder of an office named in the instrument.
Election of governors
7 (1) In this paragraph “the appropriate authority”—
(a) in relation to a county, controlled or maintained special school, means the local education authority, and
(b) in relation to an aided or special agreement school, means the governing body.
(2) The appropriate authority in relation to a school shall determine—
(a) for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school, and
(b) for the purposes of an election of teacher governors, any question whether a person is a teacher at the school.
(3) The appropriate authority shall make all necessary arrangements for, and determine all other matters relating to, an election of parent governors or teacher governors.
(4) The power conferred by sub-paragraph (3)—
(a) includes power to make provision as to qualifying dates, but
(b) does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.
(5) Any election of parent governors or teacher governors which is contested shall be held by secret ballot.
(6) The arrangements made under sub-paragraph (3) shall, in the case of any election of a parent governor, provide for every person who is entitled to vote in the election to have an opportunity to do so by post or, if he prefers, by having his ballot paper returned to the school by a registered pupil at the school.
(7) Where a vacancy for a parent governor is required to be filled by election, the appropriate authority shall take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—
(a) informed of the vacancy and that it is required to be filled by election;
(b) informed that he is entitled to stand as a candidate, and vote, at the election; and
(c) given an opportunity to do so.
Qualifications of governors and tenure of office
8 No person shall be qualified for membership of a governing body unless he is aged 18 or over at the date of his election or appointment.
9 No person shall at any time hold more than one governorship of the same school.
10 (1) Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as governors of schools.
(2) The instrument of government for a school may make provision as to circumstances in which persons are to be disqualified for holding office as governors of the school.
(3) The fact that a person is qualified to be elected or appointed as a governor of a particular category of a school does not disqualify him for election or appointment as a governor of any other category of that school.
11 (1) The instrument of government for a county, controlled or maintained special school shall provide for each governor, other than one who is a governor ex officio, to hold office for a term of four years.
(2) The instrument of government for an aided secondary school shall provide for each governor appointed by a person named in the instrument as a sponsor of the school to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.
(3) This paragraph shall not be taken to prevent a governor—
(a) from being elected or appointed for a further term, or
(b) from being disqualified, by virtue of provision made under paragraph 10, for continuing to hold office.
12 Any governor of a school may at any time resign his office.
13 (1) Any governor of a school who was appointed otherwise than by being co-opted, or any foundation governor of a voluntary school, may be removed from office by the person or persons who appointed him.
(2) For the purposes of this paragraph, a parent governor appointed in accordance with any provision made by virtue of section 81 shall be treated as having been co-opted.
Meetings and proceedings
14 The proceedings of a governing body of a school shall not be invalidated by—
(a) any vacancy among their number, or
(b) any defect in the election or appointment of any governor.
15 (1) Regulations may make provision (including provision modifying the effect of paragraph 14) as to the meetings and proceedings of governing bodies.
(2) The instrument of government for a school may make provision as to the meetings and proceedings of the school’s governing body.
(3) The provision that may be made under sub-paragraph (1) or (2) includes, in particular, provision—
(a) for the election by the governors of a school of one of their number to be chairman, and one to be vice-chairman, of the governing body;
(b) for the period for which the chairman and vice-chairman are to be elected;
(c) for the establishment by the governing body of committees (which may include persons who are not members of the governing body) and for the constitution, meetings and proceedings of committees so established;
(d) for the delegation of functions of the governing body, in such circumstances as may be specified, to committees established by that body, to any member of that body or to the head teacher;
(e) for the chairman, or such other member of a governing body as may be specified, to have power in specified circumstances to discharge any of the governing body’s functions as a matter of urgency; and
(f) as to the quorum required for the purposes of making appointments of parent governors in accordance with any provision made by virtue of section 81 or when business is transacted by governors of a particular category.
(4) In sub-paragraph (3) “specified” means specified in regulations or the instrument of government (as the case may be).
16 (1) No decision of a kind mentioned in sub-paragraph (2) which is taken at a meeting of the governing body of an aided or special agreement school shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.
(2) The decisions in question are—
(a) any decision that would result in—
(i) the submission of any proposals under section 41 (alteration etc. of school), or
(ii) a transfer of the school to a new site in circumstances falling within section 41(3), or
(iii) the submission of any proposals under section 51 (division of school into two or more schools);
(b) any decision—
(i) to request the making of an order under section 46 (establishment of new school in substitution for old) or section 47 (transfer to new site), or
(ii) as to the submissions to be made to the Secretary of State in any consultations under section 46(4) or section 47(3) (transfer to new site);
(c) any decision that would result in an application under section 57 or 58(1) (revocation of order by virtue of which school is aided or special agreement school);
(d) any decision to serve a notice under section 173 (discontinuance of school); and
(e) any decision to make an agreement under Schedule 6 (transfer to local education authority of interests in school premises on school changing to county school).
Information as to meetings and proceedings
17 The minutes of the proceedings of the governing body of a school shall be open to inspection by the local education authority.
18 (1) Regulations may require the governing body of a school to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.
(2) Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.
Travelling and subsistence allowances
19 Section 519 makes provision for a local education authority to pay travelling and subsistence allowances to governors of a school where it does not have a delegated budget.
Information and training for governors
20 (1) The local education authority shall secure that every governor of a school is provided (free of charge) with—
(a) a copy of the school’s instrument of government and articles of government, and
(b) such other information as they consider appropriate in connection with the discharge of his functions as a governor.
(2) The local education authority shall also secure that there is made available to every governor of a school (free of charge) such training as the authority consider necessary for the effective discharge of those functions.
Conflict between instrument of government and regulations
21 Any provision made by an instrument of government by virtue of paragraph 10(2), 11 or 15(2) which relates to a matter dealt with by regulations under paragraph 10(1) or 15(1) shall have effect subject to the regulations.
Preliminary
1 In this Schedule—
“arrangement” means an arrangement made under section 96 or 97 for the constitution of a temporary governing body; and
“promoters”, in relation to a new school which will be a voluntary school, means the persons making the relevant proposals.
Constitution of temporary governing bodies
2 (1) Subject to the following provisions of this Schedule, a temporary governing body of a new school shall be constituted—
(a) in accordance with sections 79 and 80 (so far as applicable), where the school will be a county, controlled or maintained special school, and
(b) in accordance with sections 84 and 85 (so far as applicable), where the school will be an aided school.
(2) For the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the temporary governing body of a new school, the new school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.
3 (1) A local education authority shall not make an arrangement in respect of a new school which will be a controlled school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors; and in the event of any disagreement between the authority and the promoters in respect of that provision, either of them may refer the matter to the Secretary of State.
(2) A local education authority shall not make an arrangement in respect of a new school which will be an aided school without the agreement of the promoters as to the composition of the temporary governing body; and in the event of any disagreement between the authority and the promoters as to the composition of that body, either of them may refer the matter to the Secretary of State.
(3) On a reference under this paragraph, the Secretary of State shall give such direction as he thinks fit.
Appointment of temporary governors
4 The temporary parent governors of a new school shall, subject to paragraph 6, be appointed—
(a) where the school will be a county, controlled or maintained special school, by the local education authority, and
(b) where it will be an aided school, by the promoters.
5 The temporary teacher governors of a new school shall, subject to paragraph 6, be co-opted by a resolution passed at a meeting of those temporary governors who have not themselves been co-opted.
6 (1) Where—
(a) two or more schools have been, or are to be, discontinued, and
(b) the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school,
the local education authority may provide for any of the governing bodies of the discontinued schools to appoint some or all of the temporary parent or teacher governors of the new school.
(2) No provision may be made under sub-paragraph (1) for the appointment of temporary parent or teacher governors of a new school which will be an aided school without the agreement of the promoters; and in the event of any disagreement between the authority and the promoters as to whether any such provision should be made, either of them may refer the matter to the Secretary of State.
(3) On a reference under sub-paragraph (2), the Secretary of State shall give such direction as he thinks fit.
(4) Before making any provision under sub-paragraph (1) for the appointment of temporary parent or teacher governors of a new school which will be a controlled school, the local education authority shall consult the promoters.
7 (1) No person shall be appointed under paragraph 4 or 6 as a temporary parent governor of a new school unless—
(a) he is the parent of a child who is likely to become a registered pupil at the school, or
(b) where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.
(2) No person shall be appointed under paragraph 4 as a temporary parent governor of a new school if he is—
(a) an elected member of the local education authority; or
(b) an employee of the authority or of the governing body of any aided school maintained by the authority.
(3) No person shall be appointed under paragraph 5 or 6 as a temporary teacher governor of a new school unless he is employed as a teacher in a school maintained by a local education authority.
8 (1) Where any person, other than a prospective sponsor, appoints a person as a temporary governor of a new school, he shall have regard to the desirability of that person being suitably experienced.
(2) For the purposes of this paragraph a person is suitably experienced—
(a) if he has served as a governor or temporary governor of a school, and
(b) in particular, in a case where registered pupils at another school which has been, or is to be, discontinued are expected to transfer to the new school, if he has served as a governor or temporary governor of that other school.
(3) In sub-paragraph (1) “prospective sponsor” means a person who is to be named in the instrument of government as a sponsor of the school in question.
9 (1) Subject to sub-paragraph (2), where temporary governors are required to co-opt one or more persons to be members of the temporary governing body, the arrangement under which the temporary governing body are constituted shall not make any provision which has the effect of restricting those temporary governors in their choice of person to co-opt.
(2) In co-opting a person to be a member of a temporary governing body of a new school which will be a county, controlled or maintained special school, the temporary governors concerned shall have regard—
(a) to the extent to which they and the other temporary governors are members of the local business community, and
(b) to any representations made to the temporary governing body as to the desirability of increasing the connection between the temporary governing body and that community,
and, where it appears to them that no temporary governor of the new school is a member of the local business community or that it is desirable to increase the number of temporary governors who are, shall co-opt a person who appears to them to be a member of that community.
(3) This paragraph does not apply in relation to the co-option of temporary foundation governors, and sub-paragraph (2) does not apply in relation to the co-option of temporary teacher governors.
10 If—
(a) a temporary governor is to be appointed by persons acting jointly, and
(b) those persons fail to make an agreed appointment,
the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.
Qualifications of temporary governors and tenure of office
11 No person shall be qualified for membership of a temporary governing body unless he is aged 18 or over at the date of his appointment.
12 (1) No person shall at any time hold more than one temporary governorship of the same school.
(2) The fact that a person is qualified to be appointed as a temporary governor of a particular category of a new school does not disqualify him for appointment as a temporary governor of any other category of that school.
13 Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as temporary governors.
14 A member of a temporary governing body may at any time resign his office, or be removed from office, in the same way as a member of a governing body constituted under an instrument of government.
Meetings and proceedings
15 (1) The proceedings of a temporary governing body shall not be invalidated by—
(a) any vacancy among their number, or
(b) any defect in the appointment of any temporary governor.
(2) If the clerk to a temporary governing body fails to attend any meeting of theirs, they may appoint one of their number to act as clerk for the purposes of that meeting (but without prejudice to his position as a temporary governor).
16 Regulations may make provision in relation to temporary governing bodies similar to that which may be made in relation to governing bodies by regulations under paragraph 15(1) of Schedule 8.
17 (1) Subject to sub-paragraph (2), the first meeting of a temporary governing body shall be called by their clerk.
(2) Where the clerk fails to call the first meeting within such period as the local education authority consider reasonable, the authority shall call it.
Information as to meetings and proceedings
18 The minutes of the proceedings of a temporary governing body shall be open to inspection by the local education authority.
Travelling and subsistence allowances.
19 Section 519 (allowances for governors) shall apply in relation to the members of a temporary governing body as it applies in relation to the members of a governing body of a school falling within subsection (1)(a) of that section.
Expenses of temporary governing bodies
20 Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.
Information for temporary governing bodies
21 A local education authority shall secure that the temporary governing body of a new school which will be maintained by them are, on being constituted, provided (free of charge) with such explanatory and other information as the authority consider is required to enable the temporary governing body to discharge their functions effectively.
Powers of the Secretary of State
22 For the purposes of the following provisions—
(a) section 495(1) (determination of disputes),
(b) section 496 (prevention of unreasonable exercise of functions), and
(c) sections 497 and 498 (default powers),
a temporary governing body shall be treated as if they were the governing body of the school in question.
Time limit for constitution of governing body
1 The local education authority shall secure that the governing body of a new school are constituted—
(a) as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect under section 99, and
(b) in any event not later than the last day of the term in which pupils first attend the new school or (as the case may be) first attend the school after it becomes maintained by the authority.
Status of temporary governing body pending constitution of governing body
2 Where the requirement for there to be an instrument of government for a new school has taken effect under section 99, the temporary governing body shall, until such time as the governing body are constituted—
(a) continue in existence (despite the fact that the arrangement under which they were constituted has come to an end under section 96 or 97); and
(b) be treated as if they were the governing body.
Role of temporary governing body as regards constitution of governing body
3 (1) Before making an order under section 76 as to the instrument of government for a new school, the local education authority shall consult the temporary governing body and the head teacher.
(2) Before making such an order in respect of a new school which will be a voluntary school, the authority shall—
(a) secure the agreement of the temporary governing body to the terms of the proposed order; and
(b) secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.
(3) Where a local education authority propose to make an order under section 76 as to the instrument of government for a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.
(4) On a reference under sub-paragraph (3), the Secretary of State shall give such direction as he thinks fit.
4 (1) A temporary governing body shall recommend (with reasons) persons who belong to the community served by the new school and who are, in their opinion, suitable for appointment as co-opted members of the governing body who will succeed them.
(2) Before making any recommendations under this paragraph, a temporary governing body shall consult representatives of the local business community.
Initial constitution of governing body
5 (1) When the requirement for there to be an instrument of government for a new school takes effect under section 99, sub-paragraph (2) shall apply for the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the school’s governing body.
(2) Where this sub-paragraph applies, the school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.
(3) Subject to sub-paragraph (4), sub-paragraph (2) shall, as from the time when the governing body is first constituted, continue to apply for the purposes of determining what provision would be required to be made by a new instrument of government for the school.
(4) Sub-paragraph (2) shall cease so to apply in relation to the school at such time as—
(a) the number of registered pupils at the school reaches the maximum referred to in that sub-paragraph; or
(b) the local education authority give any direction by virtue of sub-paragraph (5).
(5) The instrument of government for a school in relation to which sub-paragraph (2) applies when the instrument is made shall provide for the local education authority to have power to direct that sub-paragraph (2) shall cease to apply in relation to the school.
Information about temporary governing body for successors
6 (1) Immediately before the arrangement under which a temporary governing body are constituted comes to an end under section 96 or 97, they shall prepare, for the purpose of assisting the governing body who will succeed them, a brief report of the action which they have taken in the discharge of their functions.
(2) All minutes and papers of a temporary governing body, including the report prepared under sub-paragraph (1), shall be made available to their successors.
SCHEDULE 11 Contents of statements under section 122(2) and section 124(1)
Sections 122 and 124.
Part I Statements under section 122(2)
1 (1) This Part of this Schedule applies to any statement prepared by a local authority under section 122(2).
(2) In this Part of this Schedule “the scheme” means the scheme referred to in section 122(1).
2 The statement shall contain the following particulars in respect of the financial year to which it relates—
(a) the amount of the authority’s general schools budget for the year (as initially determined for the purposes of the scheme),
(b) the amount of the authority’s aggregated budget for the year under the scheme (as so determined),
(c) such particulars as may be prescribed of amounts deducted in respect of excepted heads or items of expenditure (as defined in section 105(3)) in arriving at the amount specified in the statement by virtue of sub-paragraph (b),
(d) such particulars as may be prescribed of amounts deducted by virtue of section 105(1)(b) in arriving at the amount so specified, and
(e) such particulars of the allocation formula under the scheme as may be prescribed.
3 (1) The statement shall also contain, with respect to each school required to be covered by the scheme in the year in question, particulars in relation to that year of the planned expenditure per pupil arising from the division of the school’s budget share (as initially determined for the purposes of the scheme) by the initial pupil number.
(2) In sub-paragraph (1) “the initial pupil number” means the number of registered pupils at the school in question which is required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the year.
4 The statement shall contain such further information in respect of the financial provision the authority plan to make in the year in question for county and voluntary schools maintained by them as may be prescribed.
Part II Statements under section 124(1)
5 (1) A statement prepared by a local authority under section 124(1) shall give the following particulars in respect of the financial year to which it relates—
(a) the initial amount appropriated for meeting expenditure in the year in respect of all the schools required to be covered by the statement,
(b) the amount remaining after deducting from that initial amount the aggregate of the amounts referred to in sub-paragraph (2), and
(c) such particulars as may be prescribed of the amounts referred to in sub-paragraph (2).
(2) Those amounts are the initial amounts appropriated for meeting the following descriptions of expenditure in the year in respect of all the schools required to be covered by the statement—
(a) expenditure treated by the authority as expenditure of a capital nature,
(b) expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan used to meet expenditure falling within paragraph (a), and
(c) expenditure of such other descriptions as may be prescribed.
6 (1) The statement shall also give, in relation to each school required to be covered by it, the following particulars in respect of the year—
(a) the share of the general expenditure amount which is appropriated by the authority for meeting expenditure for the purposes of the school,
(b) the share which is so appropriated of such of the amounts referred to in paragraph 5(2)(c) as may be prescribed,
(c) the amount of any expenditure initially planned for the purposes of the school and treated by the authority as expenditure of a capital nature, and
(d) such particulars as may be prescribed of the basis on which the authority determine the shares specified in the statement by virtue of paragraphs (a) and (b).
(2) In sub-paragraph (1) “the general expenditure amount” means the amount of which particulars are required to be given by paragraph 5(1)(b).
7 The statement shall contain such further information in respect of the financial provision initially planned by the authority for the schools required to be covered by the statement as may be prescribed.
8 Where only one school is required to be covered by the statement, the references in paragraph 5 to all the schools are references to that school and paragraph 6 does not apply.
Section 126.
Preliminary
1 In this Schedule “temporary governing body” does not include a temporary governing body who by virtue of paragraph 2 of Schedule 10 fall to be treated as a governing body.
New county and voluntary schools
2 (1) For the purposes of applying (in accordance with this Schedule) sections 101 to 122 and Part I of Schedule 11 in relation to new schools which will be county or voluntary schools—
(a) references to a school conducted by a governing body shall be read as including a new school which has a temporary governing body, and
(b) other references to the governing body of a school shall be read as including the temporary governing body of a new school.
(2) For those purposes—
(b) references to a county or voluntary school maintained by a local authority , and
(b) references, in a context referring to a local authority, to county and voluntary schools,
shall be read as including a new school which on implementation of the relevant proposals will be a county or voluntary school maintained by the authority.
3 (1) A new school which will be a county or voluntary school is required to be covered by a scheme in any financial year if it has a temporary governing body during the whole or any part of that year.
(2) In the case of such a school, sections 101 to 122 and Part I of Schedule 11 apply subject to the modifications set out in paragraphs 4 to 7.
4 (1) Where a school required to be covered by a scheme in a financial year is a new school during the whole or any part of that year, the provision required by section 106(4)(a) shall not apply in relation to the determination of the school’s budget share for the year, so far as that share falls in accordance with the scheme to be treated as referable to planned expenditure by the local authority for the purposes of the school in respect of any period before the implementation of the relevant proposals.
(2) Accordingly—
(a) paragraph 3(1) of Schedule 11 shall apply in relation to the school as if it referred to such part (if any) of the school’s budget share for the year as falls to be determined in accordance with the provision required by section 106(4)(a); and
(b) the statement under section 122(2) shall include in relation to the school the additional particulars mentioned in sub-paragraph (3).
(3) Those particulars are the amount of such part (if any) of the school’s budget share for the year (as initially determined for the purposes of the scheme) as falls in accordance with the scheme to be treated as referable to planned expenditure such as is mentioned in sub-paragraph (1).
(4) Sub-paragraph (1) shall not be taken as prejudicing the inclusion in the allocation formula under a scheme, by virtue of section 106(4)(b), of provision taking into account in relation to a new school any forecast made in accordance with the scheme of the number of pupils it will have on implementation of the relevant proposals.
5 The delegation requirement under a scheme shall not apply in relation to a new school (where it is not a school to which section 110 applies) until such date as may be determined by or under the scheme.
6 Section 110 shall have effect, in relation to a new school to which it applies, with the omission of subsection (3)(a).
7 Section 122(7) shall not apply in relation to the temporary governing body of a new school.
New special schools
8 (1) Any reference—
(a) in section 120, to maintained special schools or to a maintained special school, or
(b) in section 124, to special schools or to a special school,
shall be read as including a new school proposed to be established by a local authority which will be a maintained special school and which has a temporary governing body.
(2) Any reference in section 120 or 124 to a school’s governing body shall be read, in relation to such a new school, as a reference to its temporary governing body.
(3) The reference in section 124(1) to a local authority maintaining a special school or special schools shall be read, in relation to such a new school, as a reference to the authority being under a duty by virtue of paragraph 20 of Schedule 9 to defray expenses in relation to its temporary governing body.
9 Section 124(8) shall not apply in relation to the temporary governing body of a new school.
Financial delegation apart from schemes
10 Section 125 shall not apply in relation to a new school.
SCHEDULE 13 Staffing of county, controlled, special agreement and maintained special schools
Section 133.
The selection panel
1 (1) The articles of government for a county, controlled, special agreement or maintained special school shall provide—
(a) for the constitution of a selection panel whenever such a panel is required by virtue of this Schedule in relation to the appointment of a head teacher or deputy head teacher, and
(b) for a selection panel to consist of a specified number of persons appointed to it by the local authority and a specified number of governors appointed to it by the governing body.
(2) Neither of the numbers specified by virtue of sub-paragraph (1)(b) shall be less than three; and the number specified in relation to appointments made by the governing body shall not be less than the number specified in relation to appointments made by the authority.
(3) The articles shall provide for the governing body and the authority to have power to replace, at any time, any member of a selection panel whom they have appointed.
2 Regulations may make provision as to the meetings and proceedings of selection panels.
Appointment of head teacher
3 (1) The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a head teacher for the school, make provision for the matters set out in sub-paragraphs (2) to (11).
(2) If the post of head teacher is vacant, the local authority shall appoint an acting head teacher after consulting the governing body.
(3) Before appointing a head teacher, the local authority shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.
(4) The local authority shall not appoint a person to be head teacher unless his appointment has been recommended by a selection panel constituted in accordance with the articles.
(5) The selection panel shall interview such applicants for the post as they think fit.
(6) If the panel fail to agree on the applicants whom they wish to interview—
(a) the members of the panel appointed by the governing body are to have the right to nominate not more than two applicants to be interviewed by the panel, and
(b) the other members of the panel are to have the right to nominate not more than two other applicants to be interviewed.
(7) Where the panel consider it appropriate to do so, they shall recommend to the authority for appointment as head teacher one of the applicants interviewed by them.
(8) If the panel are unable to agree on a person to recommend to the authority, they shall—
(a) repeat (with a view to reaching agreement) such of the steps mentioned in sub-paragraphs (5) to (7) as they think fit,
(b) where—
(i) they have repeated any of those steps in pursuance of paragraph (a) and remain unable to agree, or
(ii) they have decided that it is not appropriate to repeat any of those steps,
require the authority to re-advertise the vacancy, and
(c) where the vacancy is re-advertised, repeat all of the steps mentioned in sub-paragraphs (5) to (7).
(9) If the authority decline to appoint a person recommended by the panel, the panel shall—
(a) where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,
(b) recommend another of the applicants interviewed by them, if they think fit,
(c) ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and
(d) where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraphs (5) to (7).
(10) The authority shall re-advertise the vacancy where they are required to do so by the panel, and may do so where—
(a) it has been duly advertised,
(b) the panel have failed either to make a recommendation which is acceptable to the authority or to request that the vacancy be re-advertised, and
(c) the authority are of the opinion that the panel have had sufficient time in which to carry out their functions.
(11) The chief education officer of the authority, or a member of his department nominated by him, shall have the right to attend all proceedings of the panel (including interviews) for the purpose of giving advice to members of the panel.
(12) In this paragraph “head teacher” does not include an acting head teacher.
Appointment of deputy head teacher
4 (1) The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a deputy head teacher for the school, make either—
(a) the same provision, modified as mentioned in sub-paragraphs (2) and (3), as that made (in accordance with paragraph 3) in relation to the appointment of a head teacher for the school, or
(b) the same provision as that made (in accordance with paragraph 5) in relation to the appointment of other teachers at the school.
(2) If the articles (in accordance with sub-paragraph (1)(a)) provide for the appointment of a deputy head teacher to be on the recommendation of a selection panel, they shall provide that where the head teacher is not a member of the panel—
(a) he may be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and
(b) whether or not he attends any such proceedings, he shall be consulted by the panel before they make any recommendation to the local authority.
(3) No provision similar to that set out in paragraph 3(2) is required in the articles in relation to the appointment of a deputy head teacher.
Appointment of other staff: general
5 (1) The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) and (3).
(2) Where there is a vacancy in a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school, the local authority shall decide whether, if the post is not a new one, it should be retained.
(3) If the authority decide that the post should be retained or it is a new post, they shall—
(a) advertise the vacancy and fill it in accordance with the procedure laid down by virtue of paragraph 6, unless they have the intention mentioned in paragraph (b) below;
(b) fill the vacancy in accordance with the procedure laid down by virtue of paragraph 7, if they intend to appoint a person who, at the time when they form that intention, is an employee of theirs or has been appointed to take up employment with them at a future date.
(4) Nothing in this paragraph (or in any of paragraphs 6 to 9) applies in relation to any temporary appointment pending—
(a) the return to work of the holder of the post in question, or
(b) the taking of any steps required by the articles in relation to the vacancy in question.
Appointment of other staff: vacancy advertised
6 (1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) to (7).
(2) Where the local authority decide to advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of theirs) who are qualified to fill the post.
(3) Where the vacancy is advertised, the governing body shall—
(a) interview such applicants for the post as they think fit, and
(b) where they consider it appropriate to do so, recommend to the authority for appointment to the post one of the applicants interviewed by them.
(4) If the governing body are unable to agree on a person to recommend to the authority, they shall—
(a) repeat the steps mentioned in sub-paragraph (3), if they consider that to do so might lead to their reaching agreement,
(b) where they have repeated those steps and remain unable to agree, or decide that it is not appropriate to repeat them, ask the authority to re-advertise the vacancy, and
(c) where the vacancy is re-advertised, repeat those steps.
(5) If the authority decline to appoint a person recommended by the governing body, the governing body shall—
(a) where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,
(b) recommend another of the applicants interviewed by them, if they think fit,
(c) ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and
(d) where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraph (3).
(6) Where the authority are asked to re-advertise the vacancy by the governing body, they shall do so unless—
(a) they decide that the post is to be removed from the complement of the school, or
(b) they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.
(7) Whenever governors meet to discuss the appointment or an applicant is interviewed—
(a) the head teacher (if he would not otherwise be entitled to be present), and
(b) such person (if any) as the authority appoint to represent them,
shall be entitled to be present for the purpose of giving advice.
Appointment of other staff: vacancy not advertised
7 (1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).
(2) Where the vacancy is not advertised, the governing body—
(a) shall be entitled to determine a specification for the post in consultation with the head teacher, and
(b) if they do so, shall send a copy of it to the local authority.
(3) When considering whom to appoint to the post, the authority shall—
(a) have regard to any such specification, and
(b) consult the governing body and the head teacher.
Delegation of functions under paragraph 6 or 7
8 (1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).
(2) The governing body shall have power, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to delegate any of the functions which are theirs by virtue of paragraph 6 or 7—
(a) to one or more governors,
(b) to the head teacher, or
(c) to one or more governors and the head teacher acting together.
(3) In such a case, the provision made by virtue of paragraph 6(6) shall apply with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.
Restriction on making appointment where vacancy advertised
9 Where a local authority have advertised a vacancy in accordance with the provision made by the articles of government for a school by virtue of paragraph 6(2), they shall not appoint a person to the post unless—
(a) his appointment has been recommended in accordance with the provision made by the articles by virtue of paragraph 6(3) to (5), or
(b) they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.
Consultation by local authority before appointing certain non-teaching staff
10 The articles of government for a county, controlled, special agreement or maintained special school shall require the local authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than—
(a) in a teaching post,
(b) in a non-teaching post which is part of the complement of the school, or
(c) solely in connection with either or both of the following—
(i) the provision of meals;
(ii) the supervision of pupils at midday.
Dismissal etc. of staff
11 (1) The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) to (7).
(2) The local authority shall consult the governing body and (except where he is the person concerned) the head teacher before—
(a) dismissing a person to whom sub-paragraph (3) applies, or
(b) otherwise requiring such a person to cease to work at the school, or
(c) permitting such a person to retire in circumstances in which he would be entitled to compensation for premature retirement.
(3) This sub-paragraph applies to any person who is—
(a) employed in a post which is part of the complement of the school, or
(b) employed to work solely at the school in any other post, otherwise than solely in connection with either or both of the following—
(i) the provision of meals;
(ii) the supervision of pupils at midday.
(4) Where a teacher at the school is required to complete an initial period of probation, the local authority shall consult the governing body and the head teacher before—
(a) extending his period of probation, or
(b) deciding whether he has completed it successfully.
(5) Where the governing body recommend to the local authority that a person should cease to work at the school, the authority shall consider their recommendation.
(6) Both the governing body and the head teacher shall have power to suspend a person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.
(7) The governing body or head teacher shall—
(a) when exercising that power, immediately inform the local authority and the head teacher or (as the case may be) governing body, and
(b) end the suspension if directed to do so by the authority.
(8) In this paragraph “suspend” means suspend without loss of emoluments; and in sub-paragraph (2) the reference to dismissing a person does not include a dismissal under section 143(6) or 144(3) (dismissal of teachers of religious education).
Introductory
1 (1) In this Schedule “the school” means a county, controlled or special agreement school at any time when it has a delegated budget.
(2) References in this Schedule to a vacancy in any post include a prospective vacancy in the post.
(3) References in this Schedule to staff qualification requirements are to any requirements with respect to—
(a) qualifications,
(b) health and physical capacity, or
(c) fitness on educational grounds or in any other respect,
of teachers and other persons employed in work that brings them regularly into contact with persons who have not attained the age of 19 which for the time being apply under regulations under section 218 of the Education Reform Act 1988.
(4) References in this Schedule to the chief education officer of a local education authority include any officer of the authority nominated by the chief education officer.
Appointment of head teacher and deputy head teacher
2 Paragraphs 3 to 7 apply in relation to an appointment to fill a vacancy in the post of head teacher or deputy head teacher of the school.
3 The governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned below.
4 (1) Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant—
(a) the governing body shall recommend a person for appointment as acting head teacher, and
(b) the local education authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.
(2) Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant—
(a) the governing body may recommend a person for appointment as acting deputy head teacher, and
(b) if they do recommend a person, the local education authority shall appoint him unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.
(3) If the authority decline to appoint a person recommended by the governing body for appointment as acting head teacher, the governing body shall recommend another person for appointment.
5 Before recommending a person for appointment as head teacher or deputy head teacher, the governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.
6 (1) The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on them by this paragraph.
(2) The selection panel shall—
(a) interview such applicants for the post as they think fit,
(b) where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them, and
(c) if their recommendation is approved by the governing body, recommend the applicant in question to the local education authority for appointment.
(3) If the panel are unable to agree on a person to recommend to the governing body, or the governing body do not approve their recommendation, the governing body—
(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and
(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (2).
7 (1) The local education authority shall appoint the person recommended by the selection panel unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.
(2) If the authority decline to appoint the person recommended by the panel, the governing body—
(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and
(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in paragraph 6(2).
Appointment of other teachers
8 Subject to paragraph 9, paragraphs 10 to 14 apply in relation to an appointment to fill a vacancy in any teaching post (whether full-time or part-time) at the school, other than the post of head teacher or deputy head teacher.
9 (1) Paragraphs 10 to 14 do not apply in relation to a temporary appointment to fill such a vacancy—
(a) for a period not exceeding four months, or
(b) where it appears to the governing body that the period for which the person appointed will hold the post in question will not exceed four months.
(2) Where it appears to the governing body in the case of any post that it would be appropriate to make an appointment such as is mentioned in sub-paragraph (1)—
(a) they may recommend a person for appointment to the post on such terms as to the duration of the appointment as they may specify, and
(b) the local education authority shall appoint the person recommended on the terms specified unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.
10 Before taking any of the steps mentioned below, the governing body shall—
(a) determine a specification for the post in consultation with the head teacher, and
(b) send a copy of the specification to the local education authority.
11 (1) The local education authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill it and who at the time of his nomination either—
(a) is an employee of theirs or has been appointed to take up employment with them at a future date, or
(b) is employed by the governing body of an aided school maintained by them.
(2) The authority shall not nominate a person within sub-paragraph (1)(b) without the consent of the governing body of the aided school.
12 (1) The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the local education authority in accordance with paragraph 10, and shall do so unless either—
(a) they accept for appointment to the post a person nominated by the local education authority under paragraph 11, or
(b) they decide to recommend to the authority for appointment to the post a person who is already employed to work at the school.
(2) Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill it.
13 (1) Where the governing body advertise the vacancy, they shall—
(a) interview such applicants for the post and such of the persons (if any) nominated by the local education authority under paragraph 11 as they think fit, and
(b) where they consider it appropriate to do so, either recommend to the authority for appointment one of the applicants interviewed by them or notify the authority that they accept for appointment any person nominated by the authority under paragraph 11.
(2) If the governing body are unable to agree on a person to recommend or accept for appointment, they may repeat the steps mentioned in sub-paragraph (1)(a) and (b), with or without first re-advertising the vacancy in accordance with paragraph 12(2).
14 (1) The local education authority shall appoint the person recommended or accepted for appointment by the governing body unless (in the case of a person other than one nominated by the authority) he does not meet any staff qualification requirements which are applicable in relation to his appointment.
(2) If the authority decline to appoint a person recommended by the governing body, the governing body shall repeat such of the steps mentioned in paragraph 13(1)(a) and (b) as they think fit, with or without first re-advertising the vacancy in accordance with paragraph 12(2).
15 The governing body may, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, delegate any of their functions under paragraphs 9 to 14—
(a) to one or more governors,
(b) to the head teacher, or
(c) to one or more governors and the head teacher acting together.
Advice of chief education officer on appointments of teachers
16 (1) The chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice—
(a) all proceedings (including interviews) of the governing body, and of any selection panel appointed under paragraph 6, relating to appointments to which paragraphs 3 to 7 apply, and
(b) all proceedings (including interviews) of the governing body, and of any persons to whom any functions of the governing body under paragraphs 9 to 14 are delegated, relating to appointments to which paragraph 9 applies or to which paragraphs 10 to 14 apply.
(2) The chief education officer shall offer such advice as he considers appropriate with respect to—
(a) the appointment of a head teacher, a deputy head teacher, an acting head teacher or an acting deputy head teacher, or
(b) any matter arising in connection with such an appointment.
(3) If requested to do so by the governing body, the chief education officer shall give such advice as he considers appropriate in relation to any appointment to which paragraph 9 applies or to which paragraphs 10 to 14 apply.
(4) Any advice given by the chief education officer to—
(a) the governing body,
(b) any selection panel appointed under paragraph 6, or
(c) any persons to whom any functions of the governing body under paragraphs 9 to 14 are delegated,
with respect to any matter which relates to an appointment and falls to be determined by them shall be considered by them before determining that matter, whether or not the advice was given at their request.
Advice of head teacher on appointments of teachers
17 Except in relation to the appointment of a head teacher—
(a) paragraph 16(1) applies in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer, and
(b) paragraph 16(4) applies in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.
Appointment of non-teaching staff
18 (1) Where the governing body wish to appoint a person to work in a non-teaching post at the school, they may recommend a person to the local education authority for appointment to the post.
(2) A recommendation under this paragraph shall be in writing and shall specify—
(a) the duties to be performed by the person appointed (including, where the post is part-time, his hours of work);
(b) the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and
(c) where the authority have a discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies and which the governing body consider appropriate in the case of the person recommended for appointment.
(3) Before selecting a person to recommend under this paragraph and determining in relation to such a recommendation any matters mentioned in sub-paragraph (2), the governing body shall consult—
(a) the head teacher (where he would not otherwise be involved in the decision), and
(b) if the post involves (or in the case of a new post, it is proposed that it should involve) work at the school for 16 hours a week or more, the chief education officer of the authority.
(4) For the purposes of sub-paragraph (2)(c), the authority are to be regarded as having a discretion with respect to the remuneration to be paid to a person appointed to a post if any provisions regulating the rates of remuneration or allowances payable to persons in the authority’s employment either—
(a) do not apply in relation to that appointment, or
(b) leave to the authority any degree of discretion as to rate of remuneration or allowances in the case of that appointment.
19 (1) The local education authority shall appoint a person recommended to them under paragraph 18 unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.
(2) Any such appointment shall be on such terms as to give effect, so far as they relate to any matter mentioned in paragraph 18(2), to the governing body’s recommendation in respect of that matter.
The clerk to the governing body
20 (1) Where there is a vacancy in the office of clerk to the governing body of the school, the local education authority shall appoint a person selected by the governing body.
(2) Before selecting a person to recommend for such appointment, the governing body shall consult the chief education officer of the authority.
Discipline
21 (1) The regulation of conduct and discipline in relation to the staff of the school, and any procedures for giving members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.
(2) The governing body shall establish—
(a) disciplinary rules and procedures, and
(b) procedures such as are mentioned in sub-paragraph (1),
and shall take such steps as appear to them to be appropriate for making them known to the staff at the school.
(3) Where the implementation of any determination made by the governing body in the exercise of their control over the conduct and discipline of the staff requires any action which—
(a) is not within the functions exercisable by the governing body by virtue of this Act, but
(b) is within the power of the local education authority,
the authority shall take that action at the request of the governing body.
Suspension
22 (1) Both the governing body and the head teacher shall have power to suspend any person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.
(2) The governing body or head teacher shall, when exercising that power, immediately inform the local education authority and the head teacher or (as the case may be) governing body.
(3) A suspension under this paragraph may only be ended by the governing body.
(4) The governing body shall, on ending such a suspension, immediately inform the authority and the head teacher.
(5) In this paragraph “suspend” means suspend without loss of emoluments.
Dismissal, etc.
23 (1) Where the governing body determine—
(a) that any person employed to work at the school should cease to work there, or
(b) that the clerk to the governing body should be dismissed,
they shall notify the local education authority in writing of their determination and the reasons for it.
(2) If in a case within sub-paragraph (1)(a) the person concerned is employed to work solely at the school (and he does not resign), the authority shall, before the end of the period of 14 days beginning with the date on which the notification under sub-paragraph (1) is given, either—
(a) give him such notice terminating his contract of employment with the authority as is required under that contract, or
(b) terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.
(3) If in a case within sub-paragraph (1)(a) the person concerned is not employed to work solely at the school, the authority shall require him to cease to work at the school.
(4) In a case within sub-paragraph (1)(b), the authority shall dismiss the clerk to the governing body on receipt of the notification from the governing body.
24 (1) Where paragraph 23(3) applies, no part of the costs incurred by the local education authority in respect of the emoluments of the person concerned, so far as they relate to any period falling after the expiration of his contractual notice period, shall be met from the school’s budget share.
(2) The reference in sub-paragraph (1) to the person’s contractual notice period is to the period of notice that would have been required under his contract of employment with the authority for termination of that contract if such notice had been given on the date on which the notification under paragraph 23(1) was given.
25 (1) The governing body shall—
(a) make arrangements for giving any person in respect of whom they propose to make a determination under paragraph 23(1) an opportunity of making representations as to the action they propose to take (including, if he so wishes, oral representations to such person or persons as the governing body may appoint for the purpose), and
(b) have regard to any representations made by him.
(2) The governing body shall also make arrangements for giving any person in respect of whom they have made a determination under paragraph 23(1) an opportunity of appealing against it before they notify the local education authority of the determination.
26 (1) The head teacher (except where he is the person concerned) and the chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to a determination under paragraph 23(1).
(2) The governing body shall consider any advice given by a person who is entitled to attend such proceedings under this paragraph before making a determination under paragraph 23(1).
27 (1) The local education authority shall not dismiss a person employed by them to work solely at the school except as provided by paragraph 23.
(2) Sub-paragraph (1) does not apply in a case where the dismissal of the person in question is required under regulations under section 218(6) of the Education Reform Act 1988 (regulations prohibiting or restricting employment or further employment of teachers etc. in cases of misconduct or on medical or educational grounds).
School meals staff
28 Nothing in paragraphs 18, 19 and 21 to 27 applies in relation to the appointment of a person to work at the school, or in relation to a person so employed, where—
(a) the person concerned is to be, or is, employed to work solely in connection with the provision of meals, and
(b) less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.
Part I County, controlled and maintained special schools
Preliminary
1 The articles of government for a county, controlled or maintained special school shall make provision for the matters set out in paragraphs 2 to 7.
Reinstatement of permanently excluded pupils
2 (1) Where the local education authority have been informed of the permanent exclusion of a pupil from the school, they shall—
(a) after giving the governing body an opportunity to express their views, and
(b) after considering any views expressed within the prescribed period by the governing body,
consider whether the pupil should be reinstated immediately, reinstated by a particular date or not reinstated.
(2) If the authority decide that the pupil should be reinstated, they shall—
(a) give the appropriate direction to the head teacher, and
(b) inform the relevant person and the governing body of the direction.
(3) If the authority decide that the pupil should not be reinstated, they shall inform the relevant person of their decision.
3 (1) The head teacher shall comply with any direction for the reinstatement of a pupil who has been permanently excluded from the school—
(a) which is given by the local education authority by virtue of paragraph 2, or
(b) which is given by the governing body.
(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.
4 Where the governing body direct the head teacher to reinstate a pupil who has been permanently excluded from the school, they shall inform the relevant person and the local education authority of the direction.
Reinstatement of pupils excluded for a fixed period
5 (1) Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion—
(a) be excluded from the school for a total of more than five school days in any one term, or
(b) lose an opportunity to take a public examination,
the head teacher shall comply with any direction given by the local education authority or the governing body for the pupil’s reinstatement.
(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.
6 (1) Where the local education authority—
(a) have been informed of the exclusion of a pupil from the school for a fixed period, and
(b) propose to give any such direction as is mentioned in paragraph 5(1),
they shall consult the governing body before giving such a direction.
(2) Where they give such a direction, the authority shall inform the relevant person and the governing body of the direction.
7 Where the governing body give any such direction as is mentioned in paragraph 5(1), they shall inform the relevant person and the local education authority of the direction.
Part II Aided and special agreement schools
Preliminary
8 The articles of government for an aided or a special agreement school shall make provision for the matters set out in paragraphs 9 to 13.
Reinstatement of permanently excluded pupils
9 (1) Where the governing body have been informed of the permanent exclusion of a pupil from the school, they shall consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated.
(2) If the governing body decide that the pupil should be reinstated, they shall—
(a) give the appropriate direction to the head teacher, and
(b) inform the relevant person and the local education authority of the direction.
(3) If the governing body decide that the pupil should not be reinstated, they shall (without delay) inform the relevant person and the local education authority of their decision.
10 The head teacher shall comply with any direction for the reinstatement of the pupil given by the governing body by virtue of paragraph 9.
Reinstatement of pupils excluded for a fixed period
11 (1) Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion—
(a) be excluded from the school for a total of more than five school days in any one term, or
(b) lose an opportunity to take a public examination,
the head teacher shall comply with any direction given by the governing body or the local education authority for the pupil’s reinstatement.
(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.
12 (1) Before giving any such direction as is mentioned in paragraph 11(1) the local education authority shall—
(a) give the governing body an opportunity to express their views; and
(b) consider any views expressed within the prescribed period by the governing body.
(2) Where the authority give any such direction, they shall inform the relevant person and the governing body of the direction.
13 Where the governing body give any such direction as is mentioned in paragraph 11(1), they shall inform the relevant person and the local education authority of the direction.
Part III General
Power to prescribe periods for the taking of any required steps
14 Regulations may provide that, where a local education authority or governing body of a school are required under the preceding provisions of this Schedule to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such a provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.
Meaning of “the relevant person”
15 In this Schedule “the relevant person” means—
(a) in relation to a pupil under the age of 18, a parent of his;
(b) in relation to a pupil who has attained that age, the pupil himself.
Duty to inform parent or pupil of right of appeal
1 (1) The articles of government for a county, controlled or maintained special school shall require the local education authority, where by virtue of paragraph 2(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him notice in writing—
(a) of his right to appeal against the decision;
(b) of the last date on which an appeal may be made (calculated in accordance with paragraph 3(1) below);
(c) of his right to give notice under paragraph 3(2) below stating that he does not intend to appeal;
(d) that no appeal may be made after notice under that provision is given.
(2) The articles of government for an aided or a special agreement school shall require the governing body, where by virtue of paragraph 9(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him notice in writing—
(a) of his right to appeal against the decision;
(b) of the last date on which an appeal may be made (calculated in accordance with paragraph 3(1) below);
(c) of his right to give notice under paragraph 3(2) below stating that he does not intend to appeal;
(d) that no appeal may be made after notice under that provision is given.
Suspension of direction for reinstatement pending appeal etc.
2 (1) A direction for the reinstatement of a pupil given by virtue of paragraph 2 of Schedule 15 shall not have effect for a period ending with the fifth school day ending after the governing body are informed of the direction by the local education authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.
(2) Where, within that period, the governing body lodge an appeal against the direction in accordance with the arrangements made by the local education authority under section 159(1)—
(a) the authority shall, before the end of the fourth school day after the day on which the appeal is lodged, inform the relevant person of his right to make representations to the appeal committee, and
(b) the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.
(3) No appeal against such a direction may be made by the governing body after the direction has taken effect.
Time limits and notices waiving right to appeal
3 (1) No appeal under section 159(1)(a) or (2) against a decision not to reinstate a pupil may be made after the 15th school day after the day on which the relevant person is given notice in writing under paragraph 1(1) or (2).
(2) Any notice in writing given by the relevant person to the body responsible for making any arrangements under section 159(1) or (2) which states that he does not intend to appeal against a decision not to reinstate the pupil shall be final.
(3) The time limit for appealing under section 159 shall be treated as having expired on the day on which notice is given under sub-paragraph (2) (if earlier than the last day on which an appeal may be made in accordance with sub-paragraph (1)).
Appeal committees
4 (1) Part I of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 159 with the necessary modifications.
(2) Accordingly, in the application of that Part of that Schedule in relation to any such appeals—
(a) any reference to section 423(1) shall be read as a reference to section 159(1);
(b) any reference to section 423(2) shall be read as a reference to section 159(2); and
(c) any reference to section 423(3) shall be read as a reference to section 159(3).
Procedure on an appeal
5 In the following provisions of this Schedule—
“appeal” means an appeal under section 159;
“appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with paragraph 4 above.
6 An appeal shall be by notice in writing setting out the grounds on which it is made.
7 The appeal committee shall meet to consider an appeal—
(a) within the period ending with the 15th school day after the day on which the appeal is lodged, or
(b) if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.
7A (1) For the purpose of fixing the time (falling within the period mentioned in paragraph 7) at which the hearing of an appeal is to take place, the body mentioned in that paragraph shall take reasonable steps to ascertain any times falling within that period when—
(a) the relevant person, or
(b) any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 8 or 9,
would be able to attend.
(2) Where in accordance with sub-paragraph (1) that body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.
8 (1) On an appeal by a pupil or parent the appeal committee shall give the appellant an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.
(2) On such an appeal the committee shall allow—
(a) the head teacher to make written representations and to appear and make oral representations,
(b) the local education authority and the governing body to make written representations,
(c) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations, and
(d) the governing body to be represented.
9 (1) On an appeal by a governing body the appeal committee shall give a governor nominated by the governing body an opportunity of appearing and making oral representations, and shall allow the governing body to be represented.
(2) On such an appeal the committee shall allow—
(a) the relevant person to make written representations and to appear and make oral representations,
(b) the local education authority to make written representations, and
(c) an officer of the authority nominated by the authority to appear and make oral representations.
10 (1) The body responsible for making any arrangements under section 159 shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.
(2) If the relevant person making an appeal under section 159(1)(a) or (2) requests that body to do so, it may in exceptional circumstances extend the period in which an appeal committee is to hear the appeal and communicate its decision.
11 (1) Appeals shall be heard in private except when the local education authority or governing body by whom the arrangements under section 159 are made direct otherwise.
(2) Without prejudice to any of the provisions of this Schedule—
(a) a member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal committee; and
(b) any member of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.
12 Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.
12A (1) In deciding—
(a) whether the pupil in question should be reinstated (and, if so, the time when this should take place), or
(b) whether any direction for the reinstatement of the pupil in question should be confirmed,
an appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.
(2) In making any such decision an appeal committee shall also have regard to the measures publicised by the head teacher under section 154(7).
(3) Sub-paragraphs (1) and (2) do not apply where an appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.
(4) Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.
13 In the event of a disagreement between the members of an appeal committee, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.
14 The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the head teacher, the local education authority and the governing body, and shall be so communicated—
(a) within the period ending with the 17th school day after the day on which the appeal is lodged, or
(b) if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.
15 (1) Subject to paragraphs 6 to 14, all matters relating to the procedure on appeals . . . shall be determined by the local education authority or governing body by whom the arrangements under section 159 are made.
(2) Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.
Notices
16 (1) Where in accordance with paragraph 1(1) or (2) notice in writing is required to be given to a person, the notice may be given either—
(a) by delivering it to the person’s last-known address, or
(b) by properly addressing, pre-paying and sending by first class post to the person’s last-known address a letter containing the notice.
(2) For the purposes of calculating the period referred to in paragraph 3(1), a notice shall be taken to have been given—
(a) where first class post is used, on the second school day after the date of posting, or
(b) where the notice is delivered, on the date of delivery,
unless (in either case) the contrary is shown.
Meaning of “the relevant person”
17 In this Schedule “the relevant person” means—
(a) in relation to a pupil under the age of 18, a parent of his;
(b) in relation to a pupil who has attained that age, the pupil himself.
Power of Secretary of State to make amendments
18 The Secretary of State may by order amend the preceding provisions of this Schedule.
Section 161.
General
1 (1) The articles of government for a county, voluntary or maintained special school shall impose the requirements set out in paragraphs 2 to 9F.
(2) In those paragraphs “the report” means a governors’ report prepared under section 161.
2 The report shall be as brief as is reasonably consistent with the requirements as to its contents.
Requirements as to contents
3 Where there is an obligation on the governing body (by virtue of section 162) to hold an annual parents’ meeting, the report shall—
(a) give details of the date, time and place for the next annual parents’ meeting and its agenda;
(b) indicate that the purpose of that meeting will be to discuss both the governors’ report and the discharge by the governing body, the head teacher and the local authority of their functions in relation to the school; and
(c) report on the consideration which has been given to any resolutions passed at the previous annual parents’ meeting.
4 The report shall—
(a) give the name of each governor and indicate whether he—
(i) is a parent, teacher or foundation governor,
(ii) was co-opted or otherwise appointed as a governor, or
(iii) is an ex officio governor;
(b) in the case of an appointed governor, say by whom he was appointed;
(c) in relation to each governor who is not an ex officio governor, give the date on which his term of office comes to an end; and
(d) name, and give the address of, the chairman of the governing body and their clerk.
5 The report shall give such information as is available to the governing body about arrangements for the next election of parent governors.
6 The report shall contain a financial statement—
(a) reproducing or summarising any financial statement of which a copy has been provided to the governing body by the local authority under section 122 or 124 since the last governors’ report was prepared under section 161;
(b) indicating, in general terms, how any sum made available to the governing body by the authority—
(i) in respect of the school’s budget share, or
(ii) under section 125,
in the period covered by the report was used;
(c) giving details of the application of any gifts made to the school in that period; and
(d) stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period.
7 The report shall give such information about—
(a) public examinations and other assessments of pupils’ achievements,
(b) pupils’ absences from the school,
(c) the continuing education of pupils leaving the school, and
(d) the employment or training taken up by such pupils,
as is required to be published by virtue of section 414(6) and (7).
7A The report shall give the information about public examinations and other assessments of pupils’ achievements—
(a) at schools in England (where the school is in England), or
(b) at schools in Wales (where the school is in Wales),
which has most recently been made available to the governing body by the Secretary of State.
8 The report shall describe what steps have been taken by the governing body to develop or strengthen the school’s links with the community (including links with the police).
9 The report shall draw attention to the information made available by the governing body in accordance with regulations made under section 408 so far as relating to the matters mentioned in subsection (2)(b) of that section (information as to educational provision made for pupils at the school and syllabuses followed by them).
9A The report shall summarise, where the school is in England, the nature, amount and purpose of training and professional development undertaken by the school’s teaching staff in the period since the last governors’ report was prepared under section 161, identifying in particular the nature, amount and purpose of any training and professional development so undertaken on any day when the staff were required to be available for work but were not required to teach pupils.
9B The report shall give, where the school is in Wales, such information about any targets for improvement set by the governing body in respect of the performance of pupils at the school as is required to be published by virtue of regulations made under section 414(6).
9C The report shall describe in general terms—
(a) the arrangements made for the security of the pupils and staff at the school and the school premises, and
(b) any changes to those arrangements since the last governors’ report was prepared under section 161.
9D The report shall indicate in relation to the period since the last governors’ report was prepared under section 161—
(a) to what extent the aims of the governing body with respect to sport at the school have been attained; and
(b) any notable sporting achievements of the school’s teams during that period.
9E The report shall give the dates of the beginning and end of each school term, and of half-term holidays, for the next school year.
9F The report shall summarise any changes to information contained in the school prospectus since it was last published pursuant to regulations made under section 414(6).
Power of Secretary of State to make amendments
10 The Secretary of State may by order amend the preceding provisions of this Schedule.
Section 162.
Proceedings at an annual parents’ meeting
1 The articles of government for a county, voluntary or maintained special school shall provide for the proceedings at an annual parents’ meeting to be under the control of the governing body.
2 (1) The articles of government for a county, voluntary or maintained special school shall provide for any annual parents’ meeting at which the required number of parents of registered pupils at the school are present to be entitled to pass (by a simple majority) resolutions on any matters which may properly be discussed at the meeting.
(2) In sub-paragraph (1) “the required number”, in relation to a school, means any number equal to or greater than 20 per cent. of the number of registered pupils at the school.
3 No person who is not a parent of a registered pupil at the school may vote on any question put to an annual parents’ meeting.
Consideration of resolutions passed at an annual parents’ meeting
4 (1) The articles of government for a county, voluntary or maintained special school shall require the governing body—
(a) to consider any resolution which is duly passed at an annual parents’ meeting and which they consider is a matter for them;
(b) to send to the head teacher a copy of any resolution which is so passed and which they consider is a matter for him; and
(c) to send to the local authority a copy of any resolution which is so passed and which they consider is a matter for the authority.
(2) The articles of government shall in addition—
(a) require the head teacher to consider any resolution a copy of which has been sent to him by virtue of sub-paragraph (1)(b) and to provide the governing body with a brief comment on it (in writing) for inclusion in their next governors’ report; and
(b) require the local authority to do likewise in relation to any resolution a copy of which has been sent to them by virtue of sub-paragraph (1)(c).
Determination of question whether person is to be treated as pupil’s parent
5 (1) The articles of government for a county, controlled or maintained special school shall provide for any question whether any person is to be treated, for the purposes of any provision of the articles relating to the annual parents’ meeting, as the parent of a registered pupil at the school to be determined by the local authority.
(2) The articles of government for an aided or a special agreement school shall provide for any such question to be determined by the governing body.
SCHEDULE 19 Conduct and staffing of new county, voluntary and maintained special schools
Section 166.
Part I General
Articles of government for new schools
1 (1) The requirement for there to be articles of government for a school (imposed by section 127) shall not apply in relation to a new school until the requirement for there to be an instrument of government for the school takes effect under section 99.
(2) Before making an order under section 127 as to the articles of government for a new school, the local authority shall consult the temporary governing body and the head teacher.
(3) Before making such an order in respect of a new school which will be a voluntary school, the authority shall—
(a) secure the agreement of the temporary governing body to the terms of the proposed order, and
(b) secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.
(4) Where a local authority propose to make an order under section 127 in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.
(5) On a reference to him under this paragraph, the Secretary of State shall give such direction as he thinks fit.
2 Section 129(2) (amendment of articles) shall not apply in relation to a new school; but if the articles of government for a new county or voluntary school contain any provisions to which section 129(1) would apply during any period when the school had a delegated budget (“inconsistent provisions”) they shall also include in relation to each inconsistent provision the statement required by section 129(3).
Conduct of new schools: general
3 The determination of those matters relating to the conduct of a new school which require to be determined before a governing body is constituted for the school under an instrument of government shall be under the direction of the temporary governing body, but subject to any provision made by or under this Act (including, in particular, this Schedule) or any other enactment.
4 Regulations may make in relation to consultation with temporary governing bodies provision similar to the provision that may be made in relation to consultation with governing bodies by regulations under section 131 (consultation not required in urgent cases).
Part II Staffing of new schools: financial delegation not proposed
Staffing of new county, controlled or maintained special schools
5 Subject to paragraph 19(4), paragraphs 6 to 11 apply in relation to any new school for which a temporary governing body have been constituted and which will be a county, controlled or maintained special school.
6 (1) The complement of teaching and non-teaching posts for the school shall be determined by the local authority.
(2) Section 133(2) and (3) (staff complements) shall apply in relation to a complement determined under this paragraph.
7 (1) Whenever a selection panel is required by virtue of paragraph 8 or 9, it shall be constituted in accordance with this paragraph.
(2) A selection panel shall consist of—
(a) such number of persons appointed to it by the local authority, and
(b) such number of temporary governors appointed to it by the temporary governing body,
as the authority shall determine.
(3) Neither of the numbers so determined shall be less than three; and the number determined in relation to appointments made by the temporary governing body shall not be less than the number determined in relation to appointments made by the authority.
(4) The temporary governing body and the authority may replace, at any time, any member of a selection panel whom they have appointed.
(5) Regulations may make provision, for the purposes of this paragraph, as to the meetings and proceedings of selection panels.
8 (1) Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (appointment of head teacher) shall apply in relation to the appointment of a head teacher for the school—
(a) as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and
(b) subject to any necessary modifications.
(2) Where—
(a) two or more schools are to be discontinued (“the discontinued schools”), and
(b) the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to the new school,
the local authority may, in consultation with the temporary governing body, appoint one of the head teachers of the discontinued schools as the first head teacher for the new school, instead of following the procedure set out in sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (as applied by sub-paragraph (1) above).
(3) If the post of head teacher is vacant, the authority may, if they think fit, appoint an acting head teacher after consulting the temporary governing body.
9 (1) Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 shall apply in relation to the appointment of a deputy head teacher for the school—
(a) as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and
(b) subject to any necessary modifications.
(2) If the local authority so decide, those provisions of Schedule 13 shall not so apply and instead the general staff appointment provisions shall apply in relation to the appointment of a deputy head teacher for the school—
(a) as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and
(b) subject to any necessary modifications.
(3) Where (in accordance with sub-paragraph (1)) the appointment of a deputy head teacher is on the recommendation of a selection panel and the head teacher is not a member of the panel, the head teacher—
(a) shall be entitled to be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and
(b) whether or not he attends any such proceedings, shall be consulted by the panel before they make any recommendation to the local authority.
(4) In this paragraph and paragraph 10 “the general staff appointment provisions” means the following provisions of Schedule 13—
(a) paragraph 5(3);
(b) paragraph 6(2) to (7);
(c) paragraph 7(2) and (3); and
(d) paragraph 8(2) and (3).
10 (1) The general staff appointment provisions shall apply in relation to the appointment of a person to a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).
(2) The local authority shall consult the temporary governing body and the head teacher before appointing any person to work solely at the school otherwise than—
(a) in a teaching post,
(b) in a non-teaching post which is part of the complement of the school, or
(c) solely in connection with either or both of the following—
(i) the provision of meals;
(ii) the supervision of pupils at midday.
(3) This paragraph does not apply in relation to a temporary appointment pending—
(a) the return to work of the holder of the post in question, or
(b) the taking of any steps required by virtue of this Schedule in relation to the vacancy in question.
(4) Paragraph 9(4) applies for the purposes of this paragraph.
11 (1) The clerk to the temporary governing body shall be appointed by the local authority.
(2) When the arrangement for the constitution of the temporary governing body comes to an end under section 96 or 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of a clerk under section 135.
12 Subject to paragraph 19(4), a local authority shall, in discharging their duty under paragraph 21 of Schedule 9 (temporary governing bodies) to provide information to the temporary governing body of a new school which will be a county, controlled or maintained special school, inform the temporary governing body, in particular—
(a) of the number of members of any selection panel required by virtue of paragraph 8 or 9 above who are to be appointed by the authority and the number who are to be appointed by the temporary governing body;
(b) where the authority intend to exercise the power conferred on them by paragraph 8(2) above, of their intention to do so;
(c) of the provision which is to apply in relation to the appointment of the deputy head teacher of the school;
(d) of the complement of staff for the school; and
(e) of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.
Staffing of new aided schools
13 Subject to paragraph 19(5), paragraphs 14 to 16 apply in relation to a new school which will be an aided school.
14 Subject to paragraph 15(1), the local authority and the temporary governing body shall have the same powers, and be under the same duties, for the purposes of the appointment and dismissal of staff at the school as would the authority and the governing body for an aided school whose articles of government provided for—
(a) staff employed solely in connection with the provision of school meals to be appointed by the authority, and
(b) other staff employed at the school to be appointed by the governing body.
15 (1) The first appointment of a clerk to the temporary governing body shall be made by the promoters of the school (that is, the persons making the relevant proposals).
(2) When the arrangement for the constitution of the temporary governing body comes to an end under section 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of their clerk.
16 (1) The local authority shall, with a view to enabling staff to be appointed in good time, notify the temporary governing body of any determination, prohibition or direction they intend to make or give pursuant to subsection (2)(b), (4)(a) or (b) or (5) of section 134 (staffing of aided schools).
(2) The authority shall, in discharging their duty under paragraph 21 of Schedule 9 to provide information to the temporary governing body of a new school which will be an aided school, inform the temporary governing body, in particular, of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.
Expenditure on staff for new schools
17 Where a temporary governing body are constituted for a new school, the local authority shall be under the same duty to defray the expenses incurred in relation to the staff appointed in accordance with paragraphs 6 to 11 or (as the case may be) 14 and 15, as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.
Part III Staffing of new schools: financial delegation proposed
Adaptation of references
18 For the purposes of the application (in accordance with paragraphs 19 to 24) of sections 136 to 141 and Schedule 14 in relation to new schools which will be county or voluntary schools—
(a) references to the governing body of a school shall be read as including the temporary governing body of a new school;
(b) references to a county school shall be read as including a new school which on implementation of the relevant proposals will be a county school; and
(c) references to a voluntary school of a particular category, or maintained by a particular local authority, shall be read as including a new school which on implementation of the relevant proposals will be a voluntary school of that category, or maintained by that authority.
Application or otherwise of provisions about staffing
19 (1) Subject to paragraphs 20 to 24, section 136 or (as the case may be) section 137 (staffing of county or voluntary schools with delegated budgets) shall apply to a new school which on implementation of the relevant proposals will be a school of a category to which that section applies not only at any time when (by virtue of Schedule 12) the new school has a delegated budget but also at any time when it has a temporary governing body and sub-paragraph (2) or (3) is satisfied.
(2) This sub-paragraph is satisfied if the delegation requirement under the scheme will apply to the school on or before the implementation of the relevant proposals.
(3) This sub-paragraph is satisfied if the local authority propose to exercise any power under the scheme to delegate the management of the school’s budget share for a financial year by making such a delegation—
(a) to the temporary governing body before the implementation of the relevant proposals, or
(b) to the governing body of the school on implementation of those proposals.
(4) Paragraphs 6 to 12 of this Schedule shall not apply in relation to a new school to which section 136 for the time being applies.
(5) Paragraphs 14 to 16 of this Schedule shall not apply in relation to a new school to which section 137 for the time being applies.
20 Sections 136, 137 and 138 and Schedule 14 (staffing of schools with delegated budgets) shall apply, in the case of a new school, for the purposes only of—
(a) the appointment of staff at the school, and
(b) the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school following implementation of the relevant proposals.
21 In the case of a new school which is a proposed county, controlled, aided or special school, no appointments of staff for the school shall be made by the local authority before the constitution of a temporary governing body for the school.
22 Section 139(2) and (5) (payments in respect of dismissal) shall not apply in relation to a new school.
23 Any provision included in a scheme by virtue of subsection (3) of section 140 (community schools), so far as it relates to the appointment of staff at a school to which that section applies, shall apply in relation to a new school which on implementation of the relevant proposals will be a school to which that section applies.
24 (1) Section 141 (amendment of articles) shall not apply in relation to a new school.
(2) The local authority shall, however, incorporate—
(a) the statement mentioned in section 141(2) in the articles of government for a new school which will be a county or controlled school and to which section 136 applies, or
(b) the statement mentioned in section 141(3) in the articles of government for a new school which will be an aided school and to which section 137 applies.
Part IV Other matters relating to conduct etc. of new schools
Preparation of curriculum
25 (1) The head teacher of a new school for which a temporary governing body have been constituted shall, in preparing to discharge his functions under Part V in relation to the curriculum for the school, consult that body and the local authority.
(2) Any authority who have been consulted under this paragraph shall inform the head teacher of the resources which are likely to be made available to the school; and the head teacher shall have regard to any information so given to him.
School terms, holidays and sessions
26 (1) Pending the coming into force of the articles of government for a new school which will be a county or controlled school—
(a) the dates when the school terms and holidays are to begin and end shall be determined by the local authority, and
(b) the times of the school sessions shall be determined by the temporary governing body after consultation with the authority.
(2) Pending the coming into force of the articles of government for a new school which will be an aided school—
(a) the dates and times when the school terms and holidays are to begin and end, and
(b) the times of the school sessions,
shall be determined by the temporary governing body.
(3) In this paragraph “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.
Discipline
27 Pending the coming into force of the articles of government for a new school, section 154(2) to (6) (responsibility for discipline) shall apply—
(a) in relation to the head teacher, and
(b) subject to any necessary modifications, in relation to the temporary governing body,
as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).
Reports and information
28 (1) A temporary governing body shall provide the local authority with such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time).
(2) The head teacher of a new school for which a temporary governing body have been constituted shall provide that body or (as the case may be) the local authority with such reports in connection with the discharge of his functions as that body or the authority may require (either on a regular basis or from time to time).
(3) In the case of a new school which will be an aided school—
(a) the local authority shall notify the temporary governing body of any requirement imposed by them on the head teacher under sub-paragraph (2), and
(b) the head teacher shall provide the temporary governing body with a copy of any report which he makes in complying with any such requirement.
Consultation on expenditure by local authority
29 (1) Where a temporary governing body have been constituted for a new school, the local authority shall consult that body and the head teacher on their proposed expenditure on books, equipment and stationery for the school.
(2) Sub-paragraph (1) does not apply in relation to a new school which has a delegated budget.
Part I Proposals for acquisition of grant-maintained status
Publication of proposals and notice
1 (1) Where proposals are required to be published under section 193, they shall be published by being—
(a) posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them,
(b) posted in at least one conspicuous place within the area served by the school, and
(c) made available for inspection at all reasonable times at the school or at any other place within that area to which members of the public may conveniently have access.
(2) Within the period of 10 days beginning with the date of publication of the proposals there shall be published in at least one newspaper circulating in that area a notice in respect of the proposals containing such summary of the proposals as the governing body may think appropriate (including, in particular, the information required by sub-paragraph (3)).
(3) The notice shall—
(a) state that proposals for acquisition of grant-maintained status have been published and submitted to the Secretary of State for approval,
(b) specify the proposed date of implementation of the proposals,
(c) state that, if the proposals are approved, the school will on that date cease to be maintained by the local education authority,
(d) state that, if the proposals are approved, the school will on and after that date be conducted by a governing body incorporated under Part III and receive annual grants from the funding authority,
(e) give the information required to be specified in the proposals by paragraph 4(1)(a) and (2)(a),
(f) state where the proposals may be inspected, and
(g) explain the effect of paragraph 5.
(4) The Secretary of State may by regulations make such provision (whether by way of modification of, or substitution for, the provisions of sub-paragraphs (1) to (3)) as he considers appropriate in relation to—
(a) the publication of proposals for acquisition of grant-maintained status, and
(b) the publication of such notice (if any) in respect of proposals for acquisition of grant-maintained status as may be prescribed.
(5) For the purposes of the application of section 311(6) in relation to sub-paragraph (2) above the requirement to publish a notice under that sub-paragraph shall not be regarded as a requirement with respect to the publication of the proposals in question.
Statement to be annexed to proposals
2 (1) There shall be annexed to any proposals published under section 193 a statement which shall—
(a) state the result of the ballot, giving the number of votes cast in favour of seeking grant-maintained status for the school, the percentage of those eligible to vote who voted, and the number of votes cast against,
(b) state whether the school is a county, controlled, aided or special agreement school,
(c) briefly describe the existing character of the school including, in the case of a school which has a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is provided,
(d) state the number of pupils for whom accommodation can be provided at the school, and
(e) give such other information as may be prescribed.
(2) The statement so annexed shall be treated for the purposes of section 193 and of paragraph 1 as forming part of the proposals.
Statement to accompany published proposals
3 Any proposals published under section 193 shall be accompanied by a statement which shall—
(a) describe the requirements of Part III as to the membership of the governing body of a grant-maintained school,
(b) state that the head teacher will be a governor of the school ex officio if the school becomes a grant-maintained school,
(c) explain the circumstances in which a person named in the proposals in accordance with section 234 or 236, or regulations made by virtue of section 240, as a proposed initial governor may be replaced under section 237 or 238 or the regulations,
(d) explain the procedure applicable under Part III in each case in which such a replacement is required,
(e) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, explain the requirements applicable under Part III in any such case,
(f) explain the effect of paragraph 5, and
(g) give such other information as may be prescribed.
Details of proposals
4 (1) Any proposals published under section 193 shall—
(a) where any person is proposed as a sponsor of the school, state the name of that person and the number of initial sponsor governors to be appointed by him (in accordance with section 229),
(b) specify the number of initial parent, teacher and first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 223 to 228),
(c) give the name of the person who is the head teacher of the school on the date of publication of the proposals,
(d) give the relevant particulars in respect of each person required by section 234 or 236, or regulations made by virtue of section 240, to be named in the proposals as published as a proposed initial governor,
(e) where it is proposed that any foundation governorship be held ex officio, specify the relevant office,
(f) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, state that fact and refer to the explanation given in the statement accompanying the proposals in accordance with paragraph 3(e),
(g) give the name under which it is proposed that the governing body should be incorporated under section 195, and
(h) specify the proposed date of implementation of the proposals.
(2) The proposals shall describe the arrangements it is proposed to adopt, if the school becomes a grant-maintained school, in respect of—
(a) the admission of pupils to the school,
(b) the provision to be made at the school for pupils who have special educational needs, and
(c) the induction of newly-qualified teachers at the school and the in-service training and professional development of teachers at the school.
(3) In giving the information required by sub-paragraph (2)(a), the proposals shall in particular specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the proposed date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.
Objections to proposals
5 Within the period of two months beginning with the date of publication of any proposals under section 193, objections to the proposals may be submitted to the Secretary of State by any of the following—
(a) any ten or more local government electors for the area,
(b) any persons holding property on trust for the purposes of the school,
(c) the governing body of any school affected by the proposals, and
(d) any local education authority concerned.
Interpretation
6 (1) For the purposes of this Part of this Schedule, the determination of an initial governor of an elected category is pending on the date of publication of any proposals under section 193 if sub-paragraph (2) or (3) applies.
(2) This sub-paragraph applies if an election or appointment required by section 234(7) has not been held or made by the date of publication.
(3) This sub-paragraph applies if—
(a) an election or appointment required for filling an outstanding vacancy for a governor of an elected category on the existing governing body has not been held or made by the date of publication, and
(b) the vacancy falls to be taken into account in determining whether an election or appointment is required by section 234(7).
Part II Proposals for establishment of new grant-maintained school
Content of proposals
7 (1) Proposals published under section 211 or 212 shall—
(a) where any person is proposed as a sponsor of the school, state the name of that person and the number of sponsor governors to be appointed by him (in accordance with section 229),
(b) specify the number of initial first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 226 to 228),
(c) specify the number of parent and teacher governors proposed for the governing body (in accordance with sections 223 and 224),
(d) specify in the case of initial first, initial foundation or sponsor governors their proposed term of office (not being less than five nor more than seven years),
(e) where it is proposed that any foundation governorship be held ex officio, specify the relevant office,
(f) give the name under which it is proposed that the governing body should be incorporated under section 215, and
(g) specify the proposed incorporation date and the proposed date of implementation of the proposals.
(2) The proposals shall describe the arrangements it is proposed to adopt in respect of the admission of pupils to the school and, in particular, shall specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.
Statement to be annexed to proposals
8 There shall be annexed to any proposals published under section 211 or 212 a statement briefly describing the intended character of the proposed school including, in the case of proposals published under section 212 for a school which is intended to have a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is to be provided.
Statement to accompany published proposals
9 Any proposals published under section 211 or 212 shall be accompanied by a statement explaining the effect of paragraph 10 or (as the case may be) paragraph 11.
Objections
10 (1) Within the period of two months beginning with the date of publication of any proposals under section 211, objections to the proposals may be submitted to the funding authority by any of the following—
(a) any ten or more local government electors for the area,
(b) the governing body of any school affected by the proposals,
(c) the appropriate further education funding council (if the proposals are for a school which may provide education to which section 2(1) of the Further and Higher Education Act 1992 applies), and
(d) any local education authority concerned.
(2) Within one month after the end of the period mentioned in sub-paragraph (1), the funding authority shall send to the Secretary of State copies of any objections made under that sub-paragraph (and not withdrawn in writing) within that period, together with their observations on them.
11 Within the period of two months beginning with the date of publication of any proposals under section 212, objections to the proposals may be submitted to the Secretary of State by any of the following—
(a) any ten or more local government electors for the area,
(b) the governing body of any school affected by the proposals,
(c) the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies),
(d) the funding authority (except, in relation to Wales, before the Schools Funding Council for Wales begin to exercise their functions), and
(e) any local education authority concerned.
Approval of school premises
12 (1) Where proposals for the establishment of a new grant-maintained school are published under section 211, the funding authority shall prepare the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3).
(2) Where proposals for the establishment of a new grant-maintained school are published under section 212, the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) shall be submitted to the funding authority, at such time and in such form and manner as the authority may direct, by the promoters.
(3) The particulars are—
(a) particulars of the provision made or to be made in respect of the means of access to and within the proposed premises of the school, and
(b) such other particulars in respect of the proposed premises of the school as may be required or, in the case of proposals published under section 212, as the funding authority may require.
(4) The particulars prepared or submitted under sub-paragraph (3)(a) shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—
(a) Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or
(b) (if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the Town and Country Planning Act 1990) that document.
Introductory
1 The functions conferred by or under paragraphs 2 to 5 on the new governing body or any members of the body—
(a) may be exercised by them at any time during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals, but
(b) may be exercised only for the purpose of or in connection with the conduct of the school on or after the date of implementation of the proposals,
and those functions shall be exercised in accordance with any requirements of regulations (or, in the case of paragraph 3 or 5, of the directions or order in question) as to the circumstances, manner and conditions of their exercise.
Powers to contract, etc.
2 The new governing body may—
(a) enter into contracts including, in particular, contracts for the employment of teachers and other staff, and
(b) acquire and dispose of land and other property.
Access to school
3 Any member of, or person authorised by, the new governing body shall, if the Secretary of State directs that this paragraph applies in relation to the school, be entitled to have access to and use the premises of the school.
Information
4 (1) If the new governing body request the existing governing body or the local education authority in writing to provide them with such information falling within sub-paragraph (2) as may be prescribed, the existing governing body or, as the case may be, the authority shall comply with the request.
(2) Information falls within this sub-paragraph if—
(a) it is held by the existing governing body or, as the case may be, the local education authority, and
(b) it relates to the school, including persons employed to work at the school and pupils at the school.
General powers of Secretary of State
5 (1) The Secretary of State may by order make such provision as he considers appropriate in connection with the school’s transition to grant-maintained status and the impending transfer of responsibility for the conduct of the school.
(2) An order under sub-paragraph (1) may in particular provide for any provision of this Act specified in the order to have effect as if references to the governing body included the new governing body.
(3) Such an order may in particular—
(a) exclude or modify any powers of the local education authority or of the existing governing body in relation to any matter to which any power exercisable by the new governing body in accordance with any provision made by virtue of sub-paragraph (2) applies,
(b) require the new governing body to be consulted before the local education authority or the existing governing body exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified, and
(c) require or enable the new governing body to participate in the exercise in relation to the school of any such function or the taking in relation to the school of any such action.
Grants to new governing body
6 (1) The funding authority may make grants to the new governing body of a school in respect of expenditure incurred or to be incurred by that body in pursuance of any provision made by or under paragraphs 2 to 5 in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals.
(2) The funding authority may impose on a new governing body to whom such a grant is made such requirements as they may from time to time determine (whether before, at or after the time when the grant is made).
(3) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.
(4) That amount is—
(a) the amount of the payments made in respect of the grant, or
(b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
Liability for expenses of new governing body
7 The duty of a local education authority to maintain any school shall not apply in relation to any expenses incurred by the new governing body of the school.
SCHEDULE 22 Governing bodies of grant-maintained schools
Section 218(4).
Introductory
1 In this Schedule—
“school” means a grant-maintained school, and
“instrument”, in relation to a school, means the instrument of government for the school.
Election of governors
2 The instrument for a school may make provision—
(a) as to the procedure for the election of members of the governing body, and
(b) for the determination of any questions arising in connection with, or matters relating to, such elections.
Disqualification for, tenure of and removal from office
3 A person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.
4 The instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.
5 Subject to paragraph 10, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.
6 (1) Subject to paragraph 10, the instrument for a school must make the following provision for the term of office of—
(a) first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and
(b) where there are sponsor governors, those governors.
(2) Except where sub-paragraph (3), (4) or (5) applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.
(3) The initial instrument must provide, except where sub-paragraph (4) or (5) applies—
(a) subject to paragraph (b), for such a governor to hold office for such term as was specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school as the proposed term of office for initial governors of the category in question, and
(b) in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.
(4) Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 230(2) is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.
(5) Any first governor appointed in pursuance of provision made in the instrument by virtue of section 227 is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.
7 No provision made in the instrument by virtue of paragraph 5, 6 or 10 shall be taken to prevent a governor—
(a) from being elected or appointed for a further term, or
(b) from being disqualified, by virtue of paragraph 3 or any provision made by virtue of paragraph 4, for continuing to hold office.
8 The instrument for a school must provide that any member of the governing body may at any time resign his office.
9 (1) The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.
(2) For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 228(7)(b).
Initial appointments: terms of office
10 (1) The instrument for a school must, until every initial governor has ceased to hold office, make the provision required by sub-paragraphs (2) and (3).
(2) In the case of a governing body incorporated under Chapter II of Part III—
(a) an initial governor of an elected category who was a governor of that category on the governing body of the school immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body, and
(b) an initial governor of an elected category who was elected under section 234, or elected or nominated under section 237 to hold office as such, shall hold office for a term of four years.
(3) An initial first governor, initial foundation governor (other than a foundation governor who is a governor ex officio) or initial sponsor governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified as his proposed term of office in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.
(4) In the case of a governing body incorporated under Chapter IV of Part III, the instrument for a school must, until every governor of an elected category appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office for the prescribed term.
Meetings and proceedings
11 The proceedings of the governing body of a school shall not be invalidated by—
(a) any vacancy among their number, or
(b) any defect in the election or appointment of any governor.
12 Subject to the provisions of Chapter V of Part III and any instrument of government or articles of government made under that Chapter, the governing body of a school may regulate their own procedure.
13 (1) The instrument for a school may make provision as to the meetings and proceedings of the governing body.
(2) The provision that may be made in pursuance of this paragraph includes, in particular, provision—
(a) as to the election of a chairman and vice-chairman,
(b) as to the establishment, constitution, meetings and proceedings of committees,
(c) for the delegation of the governing body’s functions, in such circumstances as may be specified in the instrument, to committees established by that body or to any member of that body, and
(d) as to the procedure (including any quorum) when business is transacted by members of the governing body of a particular category.
(3) The provision mentioned in sub-paragraph (2)(b) may provide for a committee to include persons who are not members of the governing body.
(4) The instrument shall make provision for an appeal committee for the purposes of paragraph 6(1) of Schedule 23 to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.
(5) A person is eligible to be a lay member for the purposes of sub-paragraph (4) if—
(a) he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity), and
(b) he does not have, and has not at any time had, any connection with—
(i) the school, or
(ii) any person who is a member of, or employed by, the governing body of the school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.
Information as to meetings and proceedings
14 (1) Regulations may require the governing body of a school to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.
(2) Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.
Allowances for governors
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Seal etc.
16 (1) The application of the seal of the governing body of a school must be authenticated by the signature—
(a) of the chairman of the governing body, or
(b) of some other member authorised either generally or specially by the governing body to act for that purpose,
together with the signature of any other member.
(2) Every document purporting to be an instrument made or issued by or on behalf of the governing body of a school and—
(a) to be duly executed under the seal of the governing body, or
(b) to be signed or executed by a person authorised by the governing body to act in that behalf,
shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
SCHEDULE 23 Content of articles of government for grant-maintained schools
Section 218(5).
Introductory
1 In this Schedule—
“school” means a grant-maintained school, and
“articles”, in relation to a school, means the articles of government for the school.
Performance and delegation of functions
2 (1) The articles must make provision as to the functions to be exercised in relation to the school by—
(a) the Secretary of State,
(b) the funding authority,
(c) the governing body,
(d) any committee or other body established by the governing body,
(e) the head teacher, and
(f) any other persons specified in or determined under the articles.
(2) The articles must also include provision as to the delegation of such functions by those on whom they are imposed or conferred by or under the articles.
(3) The articles may include provision as to the establishment by the governing body of committees or other bodies of persons for the purposes of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.
Staff
3 (1) The articles must include provision as to—
(a) disciplinary rules and procedures applicable to members of the staff of the school, and
(b) procedures for giving them opportunities for seeking redress of any grievances relating to their employment.
(2) The articles must also include provision as to arrangements—
(a) for giving any member of the staff an opportunity of making representations as to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose,
(b) for requiring the governing body or any persons authorised under the articles to dismiss him to have regard to any representations made by him before taking any decision to dismiss him, and
(c) for giving any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it.
Curriculum
4 (1) The articles must include provision for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapters I and II of Part V and sections 384, 388, 389, 400 and 408.
(2) The articles must include provision as to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of those duties.
(3) The articles must require the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—
(a) which are made to them by any persons connected with the community served by the school, or
(b) which are made to them by the chief officer of police and are connected with his responsibilities.
Admission arrangements
5 (1) The articles must—
(a) provide for the governing body to be responsible for determining the arrangements for admitting pupils to the school; and
(b) include provision as to the policy to be followed in deciding admissions.
(2) The articles must also require the governing body to publish, for each school year, particulars of—
(a) the arrangements for admission of pupils to the school; and
(b) the procedures applicable under the articles in relation to the admission of pupils to the school.
Appeals relating to admission and exclusion of pupils
6 (1) The articles must include provision as to the arrangements for appeals (in such circumstances as may be provided by the articles) to an appeal committee constituted in accordance with the instrument of government against any decision or action taken—
(a) by the governing body, or
(b) by any persons authorised under the articles to take any decision or action of the kind in question,
in relation to admissions of pupils to the school or the permanent exclusion of a pupil from the school.
(2) The articles must enable the governing body to make such arrangements jointly with the governing body of one or more other grant-maintained schools.
(2A) Sub-paragraphs (1) and (2), so far as they apply in relation to arrangements in respect of appeals—
(a) do not require the articles to provide for any matter for which provision is made by Schedule 25A (exclusion appeals); and
(b) have effect subject to paragraph 4(2) of Schedule 33B (refusal of admission in case of children permanently excluded from two or more schools).
(3) The articles must require the governing body to publish, for each school year, particulars of any arrangements made by them in respect of appeals by parents against any such decision or action in relation to admissions of pupils to the school as is mentioned in sub-paragraph (1) above.
Annual reports
7 (1) The articles must require the governing body to prepare once in every school year a report in such form and containing such information as the articles may require.
(2) The articles must require the governing body to take such steps as are reasonably practicable to secure that—
(a) the registered parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report, and
(b) copies of the report are available for inspection (at all reasonable times and free of charge) at the school.
Annual parents’ meetings
8 (1) The articles must require the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to—
(a) all parents of registered pupils at the school, and
(b) such other persons as the governing body may invite.
(2) The articles must include provision as to—
(a) the procedure to be followed and the matters to be considered at such a meeting,
(b) the determination of any questions arising in connection with such a meeting, and
(c) the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of, or in connection with, such a meeting or any resolutions passed at it.
Section 222.
Part I Introductory
Application
1 (1) This Schedule applies, in relation to the governing body of a grant-maintained school, for the purposes of Part III.
(2) Part II of this Schedule applies for the purpose of determining who are to be the initial governors of a grant-maintained school.
(3) Part III of this Schedule applies for the purpose of determining who are to be the governors of a grant-maintained school on and after the incorporation date.
General interpretation
2 References to an initial governor are to any person who becomes a member of the governing body on the incorporation date.
3 References to a governor of an elected category are to a person who is a parent or teacher governor as defined by section 78(3) or (4) or is such a governor within the meaning of this Schedule.
4 In relation to any proposals for acquisition of grant-maintained status in respect of a school, a person who is a governor of an elected category on the existing governing body of the school is an eligible governor of that category if—
(a) his term of office as a governor is due to end after the date of implementation of the proposals, and
(b) he has notified the existing governing body that he is willing to serve on the proposed governing body and has not withdrawn that notification.
Part II Initial governors
Parent governors
5 (1) In relation to a governing body to be incorporated under Chapter II of Part III, “parent governor” means—
(a) a person who, immediately before the incorporation date in relation to the school, is a parent governor (as defined by section 78(3)) in relation to the school, or
(b) a person elected or appointed under section 234, or elected, appointed or nominated under section 237, to hold office as an initial parent governor on the governing body.
(2) A person elected under section 234 to hold office as an initial parent governor must be elected by registered parents of registered pupils at the school and a person elected or appointed under that section to hold such office must when he is elected or appointed be such a parent.
(3) A person elected, appointed or nominated under section 237 to hold office as an initial parent governor—
(a) in the case of an election, must be elected by registered parents of registered pupils at the school and must when he is elected be such a parent, and
(b) in the case of an appointment or nomination, must be a registered parent of a registered pupil at the school at the time of his appointment or nomination.
Teacher governors
6 (1) In relation to a governing body to be incorporated under Chapter II of Part III, “teacher governor” means—
(a) a person who, immediately before the incorporation date in relation to the school, is a teacher governor (as defined by section 78(4)) in relation to the school, or
(b) a person elected under section 234, or elected or nominated under section 237, to hold office as an initial teacher governor on the governing body.
(2) A person elected under section 234 to hold office as an initial teacher governor must be elected by teachers at the school and must when he is elected be such a teacher.
(3) A person elected or nominated under section 237 to hold office as an initial teacher governor—
(a) in the case of an election, must be elected by teachers at the school and must when he is elected be such a teacher, and
(b) in the case of a nomination, must be a teacher at the school at the time of his nomination.
First governors
7 (1) In relation to a governing body to be incorporated under Chapter II of Part III, “first governor” means a person who is selected under section 236(1), or nominated under section 238(1), and appears to the persons selecting or nominating him to be committed to the good government and continuing viability of the school.
(2) In relation to a governing body to be incorporated under Chapter IV of Part III, “first governor” means a person appointed by the funding authority who appears to them to be committed to the good government and continuing viability of the proposed school.
Foundation governors
8 (1) In relation to a governing body to be incorporated under Chapter II of Part III, “foundation governor” means—
(a) a person who is selected under section 236(2) or nominated under section 238(2),
(b) where the statement annexed (under paragraph 2 of Schedule 20) to the proposals for acquisition of grant-maintained status describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the school is such as is indicated in the statement, and
(c) where there is a trust deed relating to the school, a person who is appointed for the purpose of securing that the school is conducted in accordance with the deed.
(2) In relation to a governing body to be incorporated under Chapter IV of Part III, “foundation governor” means—
(a) a person who is appointed by the promoters,
(b) where the statement annexed under paragraph 8 of Schedule 20 to the proposals for the establishment of a new grant-maintained school describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the proposed school is such as is indicated in the statement, and
(c) where there is a trust deed relating to the proposed school, a person who is appointed for the purpose of securing that the proposed school is conducted in accordance with that deed.
Sponsor governors
9 In relation to a governing body to be incorporated under Chapter II of Part III, “sponsor governor” means a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status.
Part III Governors other than initial governors
Parent governors
10 (1) “Parent governor” means a person who—
(a) is elected by registered parents of registered pupils at the school,
(b) is appointed under a provision of the instrument of government made by virtue of section 223(3),
(c) is appointed by virtue of section 223(6), or
(d) is an initial parent governor.
(2) To qualify for such election, the person must when he is elected be a registered parent of a registered pupil at the school.
Teacher governors
11 (1) “Teacher governor” means a person who—
(a) is elected by teachers at the school,
(b) is appointed by virtue of section 224(4), or
(c) is an initial teacher governor.
(2) To qualify for such election, the person must when he is elected be a teacher at the school.
First governors
12 “First governor” means—
(a) a person appointed by the governing body who appears to them to be committed to the good government and continuing viability of the school,
(b) a person appointed under a provision of the instrument of government made by virtue of section 227 who appears to the person appointing him to be committed to the good government and continuing viability of the school, or
(c) an initial first governor.
Foundation governors
13 “Foundation governor” means a person who—
(a) is appointed otherwise than by a local authority or the funding authority,
(b) where paragraph 8(1)(b) or (2)(b) applies, is appointed for the purpose there referred to, and
(c) where there is a trust deed relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that deed.
Sponsor governors
14 “Sponsor governor” means—
(a) a person appointed by a person named in the instrument of government as a sponsor of the school,
(b) while the instrument of government is the initial instrument, a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school, or
(c) an initial sponsor governor.
Section 285.
Introductory
1 The provision made for core governors in the instrument of government for the governing body of a group must be in accordance with this Schedule.
Kinds of core governor
2 (1) Core governors may be either—
(a) appointed by the governing body, or
(b) externally appointed.
(2) Externally appointed core governors may be either—
(a) appointed in respect of a particular school in the group, being a school—
(i) which was a voluntary school immediately before it became grant-maintained, or
(ii) which was established in pursuance of proposals published under section 212, or
(b) where the group consists only of such schools, appointed in respect of the group otherwise than by the governing body.
(3) A person appointed as mentioned in sub-paragraph (2)(a) must be appointed by the persons named in the instrument of government for the group as being entitled to appoint externally appointed core governors in respect of the school.
(4) A person appointed as mentioned in sub-paragraph (2)(a) must be appointed—
(a) (where any statement annexed to the proposals in pursuance of which the school became a grant-maintained school described the religious character of the school) for the purpose of securing that, subject to any change in the character of the school which may be authorised by or under Part III, the religious character of the school is such as was indicated in the statement, and
(b) (where there is a trust deed relating to the school) for the purpose of securing that the school is conducted in accordance with the deed.
(5) Core governors, other than externally appointed core governors appointed in respect of particular schools in the group, must be appointed from among persons who appear to the person making the appointment to be committed to the good government and continuing viability of all the schools in the group.
(6) A person who is a member of the teaching or other staff at any of the schools in the group is disqualified from holding office as a core governor, other than an externally appointed core governor.
Groups consisting only of former voluntary schools or section 212 schools
3 (1) This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b).
(2) The minimum number of externally appointed core governors (referred to in this paragraph as “MN”) is one greater than the number of governors other than externally appointed core governors.
(3) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (2).
(4) In respect of each school in the group there must be the same number of externally appointed core governors.
(5) The total number of externally appointed core governors in respect of schools in the group must not be less than the highest number, not exceeding MN, that is consistent with sub-paragraph (4).
Other groups
4 (1) This paragraph applies in the case of a group other than such a group as is mentioned in paragraph 2(2)(b).
(2) If any school in the group falls within paragraph 2(2)(a), one externally appointed governor must be appointed in respect of that school.
(3) The appropriate number of the core governors must (on the date or dates on which they respectively take office) be parents of registered pupils at schools in the group, and the appropriate number of the core governors must (on the date or dates on which they respectively take office) be members of the local community; but one person may satisfy both requirements.
(4) In sub-paragraph (3) “the appropriate number” means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a), at least one.
(5) In appointing core governors, the governing body must secure that those governors include persons appearing to the governing body to be members of the local business community (and such persons may also satisfy one or both of the requirements of sub-paragraph (3)).
(6) The number of core governors must be such number, not being—
(a) less than five, or
(b) (subject to paragraph (a)) more than the number of schools in the group,
as will secure that they and the parent governors outnumber the other governors.
(7) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (6).
Schedule 25A Appeals against exclusion of pupils from grant-maintained schools
Introductory
1 In this Schedule—
“appeal” means an appeal mentioned in section 307A;
“appeal committee” means an appeal committee constituted for the purposes of an appeal in accordance with the instrument of government of the school;
“the relevant person” means—
in relation to a pupil under the age of 18, a parent of his;
in relation to a pupil who has attained that age, the pupil himself.
Procedure on appeal
2 An appeal shall be by notice in writing setting out the grounds on which it is made.
3 (1) Subject to sub-paragraph (2), the appeal committee shall meet to consider an appeal—
(a) within the period ending with the 15th school day after the day on which the appeal is lodged, or
(b) if the governing body have determined a shorter period, within that period.
(2) The governing body may extend the period within which the appeal committee are to consider an appeal where—
(a) the relevant person requests them to do so; and
(b) they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) being extended.
4 (1) For the purpose of fixing the time (falling within the period mentioned in paragraph 3) at which the hearing of an appeal is to take place, the governing body shall take reasonable steps to ascertain any times falling within that period when—
(a) the relevant person, or
(b) any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 5,
would be able to attend.
(2) Where in accordance with sub-paragraph (1) the governing body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.
5 (1) The appeal committee shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.
(2) The appeal committee shall allow—
(a) the head teacher and a member of the governing body to make written representations;
(b) the head teacher and a member of the governing body to appear and make oral representations; and
(c) the governing body to be represented.
6 An appeal shall be held in private except when otherwise directed by the governing body, but any member of the Council on Tribunals may attend as an observer any meeting of the appeal committee at which an appeal is considered.
7 Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.
8 (1) In deciding whether the pupil in question should be reinstated (and, if so, the time when this should take place), the appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.
(2) In making its decision on an appeal, the appeal committee shall also have regard to the measures publicised by the head teacher under section 306A(7).
(3) Sub-paragraphs (1) and (2) do not apply where the appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.
(4) Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.
9 In the event of a disagreement between the members of the appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.
10 Subject to paragraph 11, the decision of the appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the governing body, the head teacher and the local authority to whose area the pupil belongs within—
(a) the period ending with the 17th school day after the day on which the appeal is lodged; or
(b) if the governing body have determined a shorter period, that period.
11 Where the governing body extend the period for the consideration of an appeal in accordance with paragraph 3(2), they shall (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.
12 Subject to paragraphs 2 to 11, all matters relating to the procedure on appeals shall be determined by the governing body.
13 (1) Subject to sub-paragraph (2), where joint arrangements for appeals have been made in accordance with paragraph 6(2) of Schedule 23 (content of articles of government), paragraphs 2 to 12 shall have effect in respect of appeals to committees established in accordance with the joint arrangements.
(2) In the case of any appeal made in pursuance of the joint arrangements—
(a) paragraphs 3, 4, 6, 10(b), 11 and 12 shall have effect as if for “the governing body” there were substituted “the governing body and the governing body of every other school which is a party to the arrangements, acting jointly”; and
(b) paragraphs 5(2) and 10 (except paragraph 10(b)) shall have effect as if for “the governing body” there were substituted “the governing body against whose decision the appeal is made”.
Power of Secretary of State to make amendments
14 The Secretary of State may by order amend the preceding provisions of this Schedule.
SCHEDULE 26 Making of assessments under section 323
Section 323.
Introductory
1 In this Schedule “assessment” means an assessment of a child’s educational needs under section 323.
Medical and other advice
2 (1) Regulations shall make provision as to the advice which a local authority are to seek in making assessments.
(2) Without prejudice to the generality of sub-paragraph (1), the regulations shall require the authority, except in such circumstances as may be prescribed, to seek medical, psychological and educational advice and such other advice as may be prescribed.
Manner, and timing, of assessments, etc.
3 (1) Regulations may make provision—
(a) as to the manner in which assessments are to be conducted,
(b) requiring the local authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and
(c) in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.
(2) Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under paragraph 2A of Schedule 27 (amendment of statement by local authority) of a proposal to amend the statement.
(3) Regulations may provide—
(a) that where a local authority are under a duty under section 323, 329 or 329A , or under regulations under sub-paragraph (1)(b), to serve any notice, the duty must be performed within the prescribed period,
(b) that where a local authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,
(c) that where a request has been made to a local authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and
(d) that where a local authority are under a duty to make an assessment, the duty must be performed within the prescribed period.
(4) Provision made under sub-paragraph (3)—
(a) may be subject to prescribed exceptions, and
(b) does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.
Attendance at examinations
4 (1) Where a local authority are considering whether to make an assessment, they may serve a notice on the parent of the child concerned requiring the child’s attendance for examination in accordance with the provisions of the notice.
(2) The parent of a child examined under this paragraph may be present at the examination if he so desires.
(3) A notice under this paragraph shall—
(a) state the purpose of the examination,
(b) state the time and place at which the examination will be held,
(c) name an officer of the authority from whom further information may be obtained,
(d) inform the parent that he may submit such information to the authority as he may wish, and
(e) inform the parent of his right to be present at the examination.
Offence
5 (1) Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination.
(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
SCHEDULE 27 Making and maintenance of statements under section 324
Section 324.
Introductory
1 In this Schedule—
“amendment notice” has the meaning given in paragraph 2A,
“statement” means a statement under section 324,
“periodic review” means a review conducted in accordance with section 328(5)(b), and
“re-assessment review” means a review conducted in accordance with section 328(5)(a).
Copy of proposed statement
2 (1) Before making a statement, a local authority shall serve on the parent of the child concerned a copy of the proposed statement.
(2) But that is subject to sub-paragraphs (3) and (4).
(3) The copy of the proposed statement shall not specify any prescribed matter.
(4) The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).
Amendments to a statement
2A (1) A local authority shall not amend a statement except—
(a) in compliance with an order of the Tribunal,
(b) as directed by the Secretary of State under section 442(4), or
(c) in accordance with the procedure laid down in this Schedule.
(2) If, following a re-assessment review, a local authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.
(3) Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).
(4) If, following a periodic review, a local authority propose to amend a statement, they shall serve on the parent of the child concerned—
(a) a copy of the existing statement, and
(b) an amendment notice.
(5) If, at any other time, a local authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.
(6) An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.
Provision of additional information
2B (1) Sub-paragraph (2) applies when a local authority serve on a parent—
(a) a copy of a proposed statement under paragraph 2,
(b) a copy of a proposed amended statement under paragraph 2A, or
(c) an amendment notice under paragraph 2A.
(2) The local authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)—
(a) the arrangements under paragraph 3,
(b) the effect of paragraph 4, and
(c) the right to appeal under section 326.
(3) A notice under sub-paragraph (2) must contain such other information as may be prescribed.
Choice of school
3 (1) Every local authority shall make arrangements for enabling a parent—
(a) on whom a copy of a proposed statement has been served under paragraph 2,
(b) on whom a copy of a proposed amended statement has been served under paragraph 2A, or
(c) on whom an amendment notice has been served under paragraph 2A which contains a proposed amendment about —
(i) the type or name of a school or institution, or
(ii) the provision made for the child concerned under arrangements made under section 319,
to be specified in the statement, to express a preference as to the maintained school at which he wishes education to be provided for his child and to give reasons for his preference.
(2) Any such preference must be expressed or made within the period of 15 days beginning—
(a) with the date on which the written notice mentioned in paragraph 2B was served on the parent, or
(b) if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).
(3) Where a local authority make a statement in a case where the parent of the child concerned has expressed a preference in pursuance of such arrangements as to the school at which he wishes education to be provided for his child, they shall specify the name of that school in the statement unless—
(a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or
(b) the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consultation on specifying name of school in statement
3A (1) Sub-paragraph (2) applies if a local authority are considering—
(a) specifying the name of a maintained school or maintained nursery school in a statement, or
(b) amending a statement—
(i) if no school was specified in the statement before the amendment, so that a maintained school or maintained nursery school will be specified in it,
(ii) if a school was specified in the statement before the amendment, so that a different school, which is a maintained school or maintained nursery school, will be specified in it.
(2) The local authority shall—
(a) serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and
(b) consult each affected body.
(3) “Affected body” means—
(a) the governing body of any school which the local authority are considering specifying; and
(b) if a school which the local authority are considering specifying is maintained by another local authority, that authority.
Representations
4 (1) A parent on whom a copy of a proposed statement has been served under paragraph 2 , or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A, may—
(a) make representations (or further representations) to the local authority about the content of the proposed statement or the statement as it will have effect if amended in the way proposed by the authority, and
(b) require the authority to arrange a meeting between him and an officer of the authority at which the proposed statement or the statement as it will have effect if amended in the way proposed by the authority can be discussed.
(2) Where a parent, having attended a meeting arranged by a local authority under sub-paragraph (1)(b) in relation to—,
(c) a proposed statement, or
(d) an amendment proposed following a re-assessment review,
disagrees with any part of the assessment in question, he may require the authority to arrange such meeting or meetings as they consider will enable him to discuss the relevant advice with the appropriate person or persons.
(3) In this paragraph—
“relevant advice” means such of the advice given to the authority in connection with the assessment as they consider to be relevant to that part of the assessment with which the parent disagrees, and
“appropriate person” means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.
(4) Any representations under sub-paragraph (1)(a) must be made within the period of 15 days beginning—
(a) with the date on which the written notice mentioned in paragraph 2B was served on the parent, or
(b) if a meeting has (or meetings have) been arranged under sub-paragraph (1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).
(5) A requirement under sub-paragraph (1)(b) must be made within the period of 15 days beginning with the date on which the written notice mentioned in paragraph 2B was served on the parent.
(6) A requirement under sub-paragraph (2) must be made within the period of 15 days beginning with the date fixed for the meeting arranged under sub-paragraph (1)(b).
Making the statement
5 (1) Where representations are made to a local authority under paragraph 4(1)(a), the authority shall not make or amend the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 for making requirements or further representations has expired.
(2) If a local authority make a statement, it may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.
(2A) If a local authority amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.
(2B) If a local authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.
(3) Regulations may provide that, where a local authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.
(4) Such provision shall not relieve the authority of the duty to make a statement, or take any step, which has not been performed or taken within that period.
Service of statement
6 (1) Where a local authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.
(2) They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against—
(a) the description in the statement of the authority’s assessment of the child’s special educational needs,
(b) the special educational provision specified in the statement (including the name of a school specified in the statement), or
(c) if no school is named in the statement, that fact.
(3) A notice under sub-paragraph (2) must contain such other information as may be prescribed.
Keeping, disclosure and transfer of statements
7 (1) Regulations may make provision as to the keeping and disclosure of statements.
(2) Regulations may make provision, where a local authority become responsible for a child for whom a statement is maintained by another authority, for the transfer of the statement to them and for Part IV to have effect as if the duty to maintain the transferred statement were their duty.
Change of named school
8 (1) Sub-paragraph (2) applies where—
(a) the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the local authority to substitute for that name the name of a maintained school or maintained nursery school specified by the parent, and
(b) the request is not made less than 12 months after—
(i) an earlier request under this paragraph,
(ii) the service of a copy of the statement under paragraph 6,
(iii) if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or
(iv) if the parent has appealed there is an appeal to the Tribunal under section 326 or this paragraph, the date when the appeal is concluded,
whichever is the later.
(2) The local authority shall comply with the request unless—
(a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or
(b) the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.
(3) Where the local authority determine not to comply with the request—
(a) they shall give notice in writing of that fact to the parent of the child, and
(b) the parent of the child may appeal to the Tribunal against the determination.
(3A) A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.
(4) On the appeal the Tribunal may—
(a) dismiss the appeal, or
(b) order the local authority to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.
(5) Regulations may provide that, where a local authority are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.
(6) Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.
Procedure for amending or ceasing to maintain a statement
9 (1) A local authority may not . . . cease to maintain, a statement except in accordance with paragraph . . . 11.
(2) Sub-paragraph (1) does not apply where the local authority—
(a) cease to maintain a statement for a child who has ceased to be a child for whom they are responsible, or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) are ordered to cease to maintain a statement under section 326(3)(c), . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 (1) A local authority may cease to maintain a statement only if it is no longer necessary to maintain it.
(2) Where the local authority determine to cease to maintain a statement—
(a) they shall give notice in writing of that fact to the parent of the child, and
(b) the parent of the child may appeal to the Tribunal against the determination.
(2A) A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.
(2B) Where the local authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.
(3) On an appeal under this paragraph the Tribunal may—
(a) dismiss the appeal, or
(b) order the local authority to continue to maintain the statement in its existing form or with such amendments of—
(i) the description in the statement of the authority’s assessment of the child’s special educational needs, or
(ii) the special educational provision specified in the statement,
and such other consequential amendments, as the Tribunal may determine.
(4) Except where the parent of the child appeals there is an appeal to the Tribunal under this paragraph, a local authority may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).
(5) A local authority may not, under this paragraph, cease to maintain a statement if—
(a) the parent of the child has appealed there has been an appeal under this paragraph against the authority’s determination to cease to maintain the statement, and
(b) the appeal has not been determined by the Tribunal or withdrawn.
Constitution of governing body and conduct of school
1 (1) For every governing body of a grant-maintained special school there shall be—
(a) an instrument (known as the instrument of government) providing for the constitution of the governing body, and
(b) an instrument (known as the articles of government) in accordance with which the school is to be conducted.
(2) The instrument and articles of government—
(a) shall comply with any requirements imposed by or under Part IV, and
(b) may make any provision authorised by or under Part IV to be made and such other provision as may be necessary or desirable.
(3) Subject to any express provision of the instrument or articles of government, the school shall be conducted in accordance with any trust deed relating to it.
Initial instruments and articles of government
2 (1) The initial instrument of government for the governing body of a grant-maintained special school, and the initial articles of government for such a school, shall be such as are prescribed.
(2) The initial instrument of government shall have effect as from the incorporation date.
(3) The initial articles of government shall have effect as from the date of implementation of the proposals made under section 339(2)(a) or 345 but, in the case of a governing body incorporated in pursuance of proposals made under section 339(2)(a), such of the articles as may be prescribed shall have effect as from the incorporation date.
Subsequent instruments of government
3 (1) The Secretary of State may—
(a) if the governing body of a grant-maintained special school submit a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and
(b) if such a governing body submit draft modifications of an instrument made under paragraph (a) above, by order modify the instrument concerned in terms of the draft or in such terms as he thinks fit,
but shall not make a new instrument otherwise than in the terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the governing body.
(2) The Secretary of State may by order modify the instrument of government for the governing body of any grant-maintained special school.
(3) An order under sub-paragraph (2)—
(a) may relate to all grant-maintained special schools, to any category of such schools specified in the order or to any such school so specified, but
(b) shall not be made unless the Secretary of State has consulted the governing body of each grant-maintained special school to which the order relates.
(4) Where, by reason of the making of a new instrument, or the modification of an instrument, under this paragraph, the number of governors of any category will (unless the required number of governors of that category resign) exceed the number provided for in the instrument, the new instrument or, as the case may be, the instrument as modified shall provide—
(a) for such number of governors of that category as is required to eliminate the excess to cease to hold office, and
(b) for the selection of those who are to cease to hold office.
Subsequent articles of government
4 (1) The governing body of a grant-maintained special school may, with the consent of the Secretary of State—
(a) make new articles of government in place of the existing articles for the school, or
(b) modify the existing articles for the school.
(2) The Secretary of State may by a direction under this paragraph require—
(a) the governing bodies of grant-maintained special schools or any class of such schools specified in the direction, or
(b) the governing body of any particular grant-maintained special school so specified,
to modify their articles of government in any manner so specified.
(3) Before giving a direction under this paragraph, the Secretary of State shall consult the governing body or (as the case may be) each governing body to which the direction applies.
Parent governors
5 (1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include not less than three nor more than five parent governors.
(2) Subject to sub-paragraph (5), the parent governors—
(a) in the case of a school not established in a hospital, shall be elected by persons who are registered parents of registered pupils at the school, and
(b) in the case of a school so established, shall be appointed by the other members of the governing body.
(3) To qualify for such election a person must when he is elected be a registered parent of a registered pupil at the school; and to qualify for appointment under sub-paragraph (2)(b) a person must when he is appointed be such a parent or, if that is not reasonably practicable, a parent of one or more children of compulsory school age.
(4) The instrument shall provide for each parent governor to hold office for a term of four years.
(5) In the case of a school not established in a hospital, the instrument shall provide that if—
(a) one or more vacancies for parent governors are required to be filled by election, and
(b) the number of parents standing for election as parent governors is less than the number of vacancies,
the required number of parent governors shall be made up by persons appointed by the other members of the governing body.
(6) The instrument shall require governors, in appointing a person under a provision made by virtue of sub-paragraph (5)—
(a) to appoint a person who is the registered parent of a registered pupil at the school, where it is reasonably practicable to do so, and
(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age with special educational needs or, if that also is not reasonably practicable, a person who is the parent of a person of any age with special educational needs.
Teacher governors
6 (1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include either one or two teacher governors.
(2) Each teacher governor shall be elected by persons who are teachers at the school.
(3) To qualify for such election, a person must when he is elected be a teacher at the school.
(4) The instrument shall provide for each teacher governor to hold office for a term of four years.
Head teacher
7 The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include (as a governor ex officio) the person who is for the time being the head teacher.
First governors
8 (1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include first governors.
(2) The instrument shall provide for such number of first governors as will secure that they outnumber the other governors.
(3) The instrument—
(a) shall require—
(i) that, where it is reasonably practicable, at least two of the first governors shall be (on the date or dates on which they respectively take office) parents of registered pupils at the school, and
(ii) that at least two of the first governors shall be persons with experience of education for those with special educational needs,
but one person may satisfy both requirements, and
(b) shall require the governing body, in appointing first governors, to secure that those governors include a person appearing to them to be a member of the local business community (and such a person may also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).
(4) The instrument shall provide for the first governors to be appointed by the governing body from among persons who appear to the governing body to be committed to the good government and continuing viability of the school.
(5) The instrument shall provide for first governors to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.
(6) A person who is a member of the teaching or other staff at the school shall be disqualified for holding office as a first governor.
(7) References in this paragraph to governors other than first governors do not include sponsor governors.
Power of Secretary of State to replace first governors
9 (1) The instrument of government for the governing body of a grant-maintained special school shall provide for the Secretary of State to have power, where any of sub-paragraphs (2) to (4) apply, to replace all or any of the first governors.
(2) This sub-paragraph applies where the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any requirement imposed by or under any enactment.
(3) This sub-paragraph applies where—
(a) there is a report of an inspection of the school in which the person who made it expressed the opinion that special measures were required to be taken in relation to the school,
(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,
(c) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school under Part I of the School Inspections Act 1996, he did not express the opinion in the report that special measures were not required to be taken in relation to the school, and
(d) the Secretary of State has received a statement prepared under section 17 of that Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;
and expressions used in this sub-paragraph and in that Act have the same meaning as in that Act.
(4) This sub-paragraph applies where in the opinion of the Secretary of State any action taken or proposed by the governing body of the school, or any failure of the governing body to act, is prejudicial to the provision of education by the school.
(5) The instrument of government for a grant-maintained special school shall enable the Secretary of State to make such provision as he thinks fit for filling vacancies for first governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.
(6) Any provision made by the instrument of government in pursuance of paragraph 8(3) shall not apply for the purposes of the appointment by virtue of this paragraph of any first governor.
Sponsor governors
10 The instrument of government for the governing body of a grant-maintained special school which provides secondary education may—
(a) name a person as a sponsor of the school, and
(b) provide for the governing body to include such number of sponsor governors, not exceeding four, as is specified in the instrument.
Additional governors
11 (1) The instrument of government for the governing body of a grant-maintained special school shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of the school.
(2) The instrument shall enable the governing body, during any period when any additional governors appointed by the Secretary of State by virtue of sub-paragraph (1) are in office, to appoint a number of additional first governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.
(3) Any additional first governor appointed in pursuance of such a provision is to hold office for such term (not being more than five years) as may be specified in the terms of his appointment.
Powers
12 Section 231 of this Act shall have effect in relation to the governing body of a grant-maintained special school with such modifications as may be prescribed.
Transitory provisions
13 Regulations may modify the provisions of paragraphs 5 to 12 in relation to—
(a) the initial instrument of government, or
(b) governors holding office, elected or appointed, before the date of implementation of the proposals in pursuance of which the governing body are constituted.
General application of enactments
14 In relation to any governing body incorporated in pursuance of proposals under section 339(2)(a) or 345 or any school conducted or formerly conducted by such a governing body, regulations may , subject to the following paragraphs of this Schedule, provide for any provision of—
(a) Schedules 22 and 23 (governing bodies; articles),
(b) Chapters VI, VII, VIII and X of Part III (funding; alteration; discontinuance, etc.), and
(c) any other enactment (not contained in Part III) relating to grant-maintained schools or maintained special schools (or schools including such schools),
to have effect with or without modification.
15 Each of sections 306A (responsibility for discipline) and 307 (exclusion of pupils) applies to a grant-maintained special school as it applies to a grant-maintained school.
16 Section 307A and Schedule 25A (exclusion appeals) apply in relation to a grant-maintained special school as they apply in relation to a grant-maintained school, but as if any reference in those provisions to any provision of Schedule 23 were a reference to that provision as it applies in accordance with regulations under paragraph 14 above.
Status
1 The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.
Powers
2 (1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.
(2) In particular, the Authority may—
(a) acquire or dispose of land or other property,
(b) enter into contracts,
(c) form bodies corporate or subscribe for shares or stock,
(d) invest any sums not immediately required for the purpose of carrying out their functions,
(e) accept gifts of money, land or other property, and
(f) borrow money.
3 (1) The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.
(2) Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.
(3) In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.
(4) The consent of the Secretary of State is required for the exercise of any power conferred by this paragraph.
Chief officer
4 The Authority shall have a chief officer who shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.
Chairman and chief officer: division of functions
5 (1) The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment.
(2) The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) on the chairman of the Authority.
Tenure of office
6 (1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.
7 The Secretary of State may, if satisfied that a member of the Authority—
(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or
(b) is unable or unfit to discharge the functions of a member,
remove him from office by giving him notice in writing and thereupon the office shall become vacant.
8 If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.
Payments to members
9 (1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.
(2) The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
(3) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.
(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.
Staff
10 Subject to the approval of the Secretary of State, given with the consent of the Treasury, the Authority—
(a) may appoint such number of employees, on such terms and conditions, as they may determine; and
(b) shall pay to their employees such remuneration and allowances as they may determine.
11 (1) Employment with the Authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.
(2) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
(3) Where an employee of the Authority is (by reference to that employment) a participant in a scheme under section 1 of that Act and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9).
Finance
12 (1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.
(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.
(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.
Committees
13 (1) The Authority may establish a committee for any purpose.
(2) The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.
(3) A committee may include persons who are not members of the Authority.
(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.
Delegation of functions
14 The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 to carry out such of the Authority’s functions as the Authority may determine.
Proceedings
15 (1) A representative of the Secretary of State shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.
(2) The Authority shall provide the Secretary of State with such copies of any documents distributed to members of the Authority or of any such committee as he may require.
16 (1) Her Majesty’s Chief Inspector of Schools in England, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.
(2) The Authority shall provide Her Majesty’s Chief Inspector of Schools in England with such copies of any documents distributed to members of the Authority or of any such committee as he may require.
17 (1) The chairman of the Curriculum and Assessment Authority for Wales, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.
(2) The Authority shall provide the chairman of the Curriculum and Assessment Authority for Wales with such copies of any documents distributed to members of the Authority or of any such committee as he may require.
18 The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.
19 Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.
Accounts
20 (1) The Authority shall—
(a) keep proper accounts and proper records in relation to the accounts;
(b) prepare a statement of accounts in respect of each financial year of the Authority; and
(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—
(a) the information to be contained in it;
(b) the manner in which the information contained in it is to be presented; or
(c) the methods and principles according to which the statement is to be prepared.
(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
Documents
21 The application of the seal of the Authority shall be authenticated by the signature—
(a) of the chairman or some other person authorised either generally or specially by the Authority to act for that purpose, and
(b) of one other member.
22 Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed by a person authorised by the Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Status
1 The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.
Powers
2 (1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.
(2) In particular, the Authority may—
(a) acquire or dispose of land or other property,
(b) enter into contracts,
(c) form bodies corporate or subscribe for shares or stock,
(d) invest any sums not immediately required for the purpose of carrying out their functions,
(e) accept gifts of money, land or other property, and
(f) borrow money.
3 (1) The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.
(2) Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.
(3) In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.
(4) The consent of the Secretary of State is required for the exercise of any power conferred by this paragraph.
Chief officer
4 (1) The Authority shall have a chief officer who shall be appointed—
(a) in the case of a person who is also chairman of the Authority, by the Secretary of State, and
(b) in any other case, by the Authority with the approval of the Secretary of State.
(2) The appointment of the chief officer shall be on such terms and conditions as the Secretary of State, or (as the case may be) the Authority with the approval of the Secretary of State, may determine.
(3) No member of the Authority other than the chairman shall be appointed as chief officer.
Tenure of office
5 (1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.
6 The Secretary of State may, if satisfied that a member of the Authority—
(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or
(b) is unable or unfit to discharge the functions of a member,
remove him from office by giving him notice in writing and thereupon the office shall become vacant.
7 If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.
Payments to members
8 (1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.
(2) The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
(3) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.
(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.
Staff
9 Subject to the approval of the Secretary of State, given with the consent of the Treasury, the Authority—
(a) may appoint such number of employees, on such terms and conditions, as they may determine; and
(b) shall pay to their employees such remuneration and allowances as they may determine.
10 (1) Employment with the Authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.
(2) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
(3) Where an employee of the Authority is (by reference to that employment) a participant in a scheme under section 1 of that Act and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 8).
Finance
11 (1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.
(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.
(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.
Committees
12 (1) The Authority may establish a committee for any purpose.
(2) The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.
(3) A committee may include persons who are not members of the Authority.
(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.
Delegation of functions
13 The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 12 to carry out such of the Authority’s functions as the Authority may determine.
Proceedings
14 (1) The chairman of the School Curriculum and Assessment Authority, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.
(2) The Authority shall provide the chairman of the School Curriculum and Assessment Authority with such copies of any documents distributed to members of the Authority or of any such committee as he may require.
15 The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.
16 Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.
Accounts
17 (1) The Authority shall—
(a) keep proper accounts and proper records in relation to the accounts;
(b) prepare a statement of accounts in respect of each financial year of the Authority; and
(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—
(a) the information to be contained in it;
(b) the manner in which the information contained in it is to be presented; or
(c) the methods and principles according to which the statement is to be prepared.
(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
Documents
18 The application of the Authority’s seal shall be authenticated by the signature of the chairman or deputy chairman and that of one other member.
19 Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be—
(a) duly executed under the Authority’s seal, or
(b) signed or executed by a person authorised by the Authority to act in that behalf,
shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
SCHEDULE 31 Agreed syllabuses of religious education
Section 375.
Duty to convene conference to reconsider agreed syllabus
1 (1) Where the agreed syllabus for the time being adopted by a local authority was adopted by them on or after 29th September 1988 but before 1st April 1994, they shall, within the period of five years beginning with the date on which they adopted the syllabus, convene a conference for the purpose of reconsidering the syllabus.
(2) Sub-paragraph (1) does not apply where the authority have already convened such a conference on or after 1st April 1994 in pursuance of paragraph 12(3) of Schedule 5 to the Education Act 1944.
2 (1) A local authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after 1st April 1994).
(2) No such conference shall be convened later than the end of the period of five years beginning with the date (falling after 31st March 1994) on which—
(a) the authority adopted the syllabus, or
(b) the authority gave effect to a recommendation under paragraph 10(2) below (or under paragraph 13 of Schedule 5 to the Education Act 1944) that the syllabus should continue to be the agreed syllabus.
3 On receipt by a local authority of written notification of any such requirement as is mentioned in section 391(3), the authority shall cause a conference to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.
Constitution of conference
4 (1) A conference convened under this Schedule shall consist of such groups of persons (“committees”) appointed by the local authority which convenes the conference as are required by sub-paragraph (2).
(2) Those committees are—
(a) a committee of persons representing such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;
(b) except in the case of an area in Wales, a committee of persons representing the Church of England;
(c) a committee of persons representing such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and
(d) a committee of persons representing the authority.
(3) Where a committee is required to be appointed by virtue of sub-paragraph (2)(b), the committee required to be appointed by virtue of sub-paragraph (2)(a) shall not include persons appointed to represent the Church of England.
(4) The number of persons appointed under sub-paragraph (2)(a) to represent each denomination or religion required to be represented shall, so far as is consistent with the efficient discharge of the committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.
5 Any sub-committees appointed by the conference shall each include at least one member of each of the committees constituting the conference.
6 On any question to be decided by the conference or by any sub-committee of the conference, a single vote shall be given for each of the committees constituting the conference.
7 (1) Before appointing a person to represent any religion, denomination or associations as a member of a committee, the local authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.
(2) No proceedings under this Schedule shall be invalidated on the ground that a member of a committee did not represent the religion, denomination or associations which he was appointed to represent, unless it is shown that the authority failed to take the steps required by sub-paragraph (1).
8 A person appointed as a member of a committee—
(a) may resign his membership, or
(b) may be withdrawn from membership by the local authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) of the authority.
9 Where a person resigns or is withdrawn from a committee, the local authority shall appoint someone in his place in the same manner as that in which they made the original appointment.
Reconsideration of agreed syllabus
10 (1) This paragraph applies where a local authority cause a conference to be convened for the purpose of reconsidering any agreed syllabus under any of paragraphs 1 to 3.
(2) If—
(a) the conference—
(i) unanimously recommend that the existing syllabus should continue to be the agreed syllabus, or
(ii) unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus, and
(b) it appears to the local authority that the syllabus or, as the case may be, the new syllabus, reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain,
the authority may give effect to the recommendation.
(3) If—
(a) the authority report to the Secretary of State that the conference are unable to reach unanimous agreement, or
(b) the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local authority consider that sub-paragraph (2)(b) prevents them from giving effect to the recommendation, or
(c) it appears to the Secretary of State that the authority have failed to exercise their power under sub-paragraph (2) to give effect to the unanimous recommendation of the conference,
the Secretary of State shall proceed in accordance with paragraph 12.
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preparation of new syllabus by appointed body
12 (1) Where required by paragraph 10 to proceed in accordance with this paragraph, the Secretary of State shall appoint a body of persons having experience in religious education to prepare a syllabus of religious education.
(2) The appointed body shall, so far as is practicable, be of a representative character which is the same as that required by paragraph 4 in the case of a conference.
13 (1) The appointed body shall—
(a) give the local authority, the conference and every committee constituting the conference an opportunity of making representations to it;
(b) after considering any such representations made to it, prepare a syllabus of religious education; and
(c) transmit a copy of that syllabus to the authority and to the Secretary of State.
(2) Subject to sub-paragraph (1)(a), the appointed body may conduct its proceedings in such manner as it thinks fit.
14 The syllabus prepared by the appointed body shall be deemed to be the agreed syllabus adopted for use in the schools for which, or for the class or description of pupils for which, it was prepared—
(a) as from such date as the Secretary of State may direct, and
(b) until a new syllabus is adopted for use in those schools, or for pupils of that class or description, in accordance with this Schedule.
Special provisions applicable where order under section 27(1)(b) applies
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 31A Failure to provide information under section 436E: monetary penalties
Section 436E
Consequences of late payment
5 If the person on whom a penalty notice is served fails to pay the monetary penalty within the period specified in the notice, the amount of the penalty is increased by the prescribed percentage.
Proposals for reduction of standard number
1 Where the admission authority for a county or voluntary school intend to apply for an order under section 420(2) reducing any standard number applying to the school under sections 417 to 420 for any age group in any year, they shall—
(a) publish their proposals relating to the reduction in such manner as may be required by regulations, and
(b) submit a copy of the published proposals to the Secretary of State together with their application.
2 The published proposals shall be accompanied by a statement explaining the effect of—
(a) paragraph 3, where the local education authority are the admission authority, or
(b) paragraph 4, where the governing body are the admission authority.
3 (1) Where the local education authority are the admission authority, objections to the proposals may, within the period of two months beginning with the date of publication of the proposals, be submitted to the authority by any of the following—
(a) any ten or more local government electors for the authority’s area,
(b) the governing body of any school affected by the proposals, and
(c) any other local education authority concerned.
(2) Within one month after the end of the period mentioned in sub-paragraph (1), the authority shall transmit to the Secretary of State copies of all objections made (and not withdrawn in writing) within that period, together with their observations on them.
4 Where the governing body are the admission authority, objections to the proposals may, within the period of two months beginning with the date of publication of the proposals, be submitted to the Secretary of State by any of the following—
(a) any ten or more local government electors for the local education authority’s area,
(b) the governing body of any school affected by the proposals, and
(c) any local education authority concerned.
Order of Secretary of State
5 (1) Subject to sub-paragraph (2), where an application is made to the Secretary of State for any such order reducing a standard number as is mentioned in paragraph 1, he may—
(a) make an order reducing the standard number to the number proposed;
(b) after consultation with both the local education authority and the governing body, make an order reducing the standard number to such number (greater than the number proposed) as he thinks desirable; or
(c) refuse to make any order reducing the standard number.
(2) The Secretary of State shall not make an order reducing the standard number unless he is satisfied that the reduction is necessary, having regard to any reduction in the school’s capacity to accommodate pupils as compared with its capacity at the beginning of the school year in which the current standard number first applied in relation to the age group in question (whether by virtue of section 15 of the Education Act 1980, section 27 of the Education Reform Act 1988 or sections 417 to 420 of this Act).
(3) For the purposes of sub-paragraph (2) a school’s capacity to accommodate pupils is changed if—
(a) as a result of changes in the availability or use of accommodation at the school, there is any change in the amount of accommodation available for use by pupils at the school; or
(b) as a result of changes in the requirements applicable to the school under regulations made under section 542 there is any change in the number of pupils for whom accommodation may lawfully be provided at the school;
and a school’s capacity to accommodate pupils is reduced if the result of the changes is, in a case within paragraph (a), less accommodation or, in a case within paragraph (b), a reduction in the number there mentioned.
Consultation before making application
6 (1) Where the local education authority are the admission authority for a county or voluntary school, they shall not make an application for an order under section 420(2) reducing any standard number applying to the school without first consulting the governing body.
(2) Where the governing body are the admission authority for such a school, they shall not make such an application without first consulting the local education authority.
References to date of publication of proposals
7 (1) References in this Schedule, in relation to proposals under paragraph 1, to the date of publication of the proposals are references—
(a) to the date on which the requirements of regulations with respect to the publication of the proposals are satisfied; or
(b) where different such requirements are satisfied on different dates, to the last of those dates.
(2) Where any such requirement imposes a continuing obligation with respect to the publication of any such proposals, the requirement shall for the purposes of sub-paragraph (1) be taken to be satisfied on the first date in respect of which it is satisfied.
Part I Constitution of appeal committees
Appeal arrangements made by local education authorities
1 (1) An appeal pursuant to arrangements made by a local education authority under section 423(1) shall be to an appeal committee constituted in accordance with this paragraph.
(2) An appeal committee shall consist of—
(a) one person nominated by the authority from among persons who are eligible to be lay members; and
(b) two, four or six other members nominated by the authority from among persons appointed by the authority under sub-paragraph (3).
(3) The persons appointed by the authority under this sub-paragraph shall comprise—
(a) members of the authority, and
(b) persons who are not members of the authority but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school,
but shall not include any person employed by the authority otherwise than as a teacher.
(4) Sufficient persons may be appointed by the authority under sub-paragraph (3) to enable two or more appeal committees to sit at the same time.
(5) The authority shall not nominate a person under sub-paragraph (2)(a) if he is a member of the authority or is employed by them.
(6) The members of an appeal committee who are members of the authority shall not outnumber the others.
(7) A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.
(8) A person shall not be a member of an appeal committee for the consideration of an appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.
(9) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.
Appeal arrangements made by governing bodies
2 (1) An appeal pursuant to arrangements made by the governing body of an aided or a special agreement school under section 423(2) shall be to an appeal committee constituted in accordance with this paragraph.
(2) An appeal committee shall consist of—
(a) one person nominated by the governing body from among persons who are eligible to be lay members; and
(b) two, four or six other members nominated by the governing body from among persons appointed by them under sub-paragraph (3).
(3) The persons appointed by the governing body under this sub-paragraph—
(a) may include one or more of the governors,
(b) shall include persons appointed from a list drawn up by the local education authority by whom the school is maintained, and
(c) shall not include any person employed by the authority otherwise than as a teacher.
(4) Sufficient persons may be appointed by the governing body under sub-paragraph (3) to enable two or more appeal committees to sit at the same time.
(5) Of the members of an appeal committee—
(a) three shall be nominated from among those mentioned in sub-paragraph (3)(b) in the case of a committee consisting of seven members;
(b) two shall be so nominated in the case of a committee consisting of five members; and
(c) one shall be so nominated in the case of a committee consisting of three members.
(6) The governing body shall not nominate under sub-paragraph (2)(a) a person who falls within sub-paragraph (3)(a) or (b) or is employed by the local education authority by whom the school is maintained.
(7) None of the governors shall be chairman of an appeal committee.
(8) A person shall not be a member of an appeal committee for the consideration of an appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.
(9) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.
3 Where (by virtue of section 423(3)) joint arrangements are made under section 423(2) by the governing bodies of two or more schools, paragraph 2 shall apply as if any reference to the governing 0body or to the governors were a reference to the governing bodies or (as the case may be) the governors of both or all the schools; and an appeal pursuant to such joint arrangements shall be to an appeal committee constituted in accordance with paragraph 2 as it so applies.
4 An appeal committee constituted in accordance with paragraph 2 (or in accordance with that paragraph as it applies by virtue of paragraph 3)—
(a) shall be included in the bodies to which section 174 of the Local Government Act 1972 (travelling and subsistence allowances) applies; and
(b) for the purpose of the payment of financial loss allowance under section 173(4) of that Act to members of the committee, shall be included among the bodies to which section 173 applies.
Lay members
5 (1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) if—
(a) he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity), and
(b) he satisfies the conditions specified in sub-paragraph (2).
(2) Those conditions are—
(a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a), that he does not have, and has not at any time had, any connection with—
(i) the local education authority in question, or
(ii) any person who is a member of, or employed by, that authority,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and
(b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a), that he does not have, and has not at any time had, any connection with—
(i) the school in question, or
(ii) any person who is a member of, or employed by, the governing body of that school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.
6 The Secretary of State may by regulations require any local education authority or governing body who are required by section 423(1) or (2) to make arrangements under that provision—
(a) to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal committee required to be constituted for the purposes of such arrangements to apply to the authority or body for appointment as such members, and
(b) in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority or body in response to an advertisement placed in pursuance of sub-paragraph (a) above.
Indemnity
7 Any local education authority or governing body required to make arrangements under section 423(1) or (2) shall indemnify the members of any appeal committee required to be constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that committee.
Part II Procedure
8 In this Part “appeal” means an appeal pursuant to any arrangements made under section 423.
9 An appeal shall be by notice in writing setting out the grounds on which it is made.
10 An appeal committee shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.
11 The matters to be taken into account by an appeal committee in considering an appeal shall include—
(a) any preference expressed by the appellant in respect of the child as mentioned in section 411, and
(b) the arrangements for the admission of pupils published by the local education authority or the governing body under section 414.
12 (1) Appeals shall be heard in private except when the local education authority or governing body (or bodies) by whom the arrangements under section 423 are made direct otherwise.
(2) Without prejudice to any of the other provisions of this Schedule—
(a) a member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal committee constituted in accordance with paragraph 1; and
(b) a member of the Council on Tribunals may attend as an observer any meeting of any appeal committee at which an appeal is considered.
13 In the event of a disagreement between the members of an appeal committee, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.
14 The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—
(a) the appellant and the local education authority, and
(b) in the case of an appeal to an appeal committee constituted in accordance with paragraph 2 (or in accordance with that paragraph as it applies by virtue of paragraph 3), to the governing body by whom or on whose behalf the decision appealed against was made.
15 (1) Subject to paragraphs 9 to 14, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the local education authority or governing body (or bodies) by whom the arrangements under section 423 are made.
(2) Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with paragraph 1.
Duty to notify governing body of decision to admit child
1 Where any such decision as is mentioned in section 423A(2) is made by or on behalf of a local education authority, the authority shall give the governing body of the school notice in writing—
(a) of that decision; and
(b) of the governing body’s right to appeal against the decision in accordance with paragraph 2.
Time limit on appealing
2 An appeal by the governing body against any such decision must be made not later than the 15th school day after the day on which they are given the notice under paragraph 1.
Appeal committees
3 (1) Subject to sub-paragraphs (2) and (3) below, paragraphs 1, 5, 6 and 7 of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 423A(2) as they have effect in relation to appeals under section 423(1).
(2) A person shall not be a member of an appeal committee for the consideration of an appeal under section 423A(2) if he has to any extent been involved in any previous consideration of the question whether the child in question should or should not be reinstated at any school from which he has at any time been permanently excluded, or in any previous appeal relating to the child under section 423A(2).
(3) A person shall not be eligible to be a lay member for the purposes of paragraph 1(2)(a) of Schedule 33 (as it applies in accordance with this paragraph) unless he satisfies the condition set out in paragraph (b) of paragraph 5(2) of that Schedule as well as that set out in paragraph (a) of that provision.
(4) In this paragraph “appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with this paragraph.
Procedure on an appeal
4 In the following provisions of this Schedule—
“appeal” means an appeal under section 423A(2); and
“appeal committee” means such an appeal committee as is mentioned in paragraph 3(4) above.
5 An appeal shall be by notice in writing setting out the grounds on which it is made.
6 The appeal committee shall meet to consider an appeal—
(a) within the period ending with the 15th school day after the day on which the appeal is lodged, or
(b) if the local education authority have determined a shorter period, within that period.
7 On an appeal the committee shall allow—
(a) the local education authority and the governing body to make written representations;
(b) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and
(c) the governing body to be represented.
8 In considering an appeal the appeal committee shall have regard to—
(a) the reasons for the local education authority’s decision that the child in question should be admitted; and
(b) any reasons put forward by the governing body as to why the child’s admission would be inappropriate.
9 Appeals shall be heard in private except when otherwise directed by the local education authority, but any member of the local education authority or of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.
10 Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.
11 In the event of a disagreement between the members of an appeal committee, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.
12 The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—
(a) the local education authority, and
(b) the governing body making the appeal,
within the period ending with the 17th school day after the day on which the appeal is lodged.
13 (1) Subject to paragraphs 5 to 12, all matters relating to the procedure on appeals shall be determined by the local education authority.
(2) Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.
Power of Secretary of State to make amendments
14 The Secretary of State may by order amend the preceding provisions of this Schedule.
Home-school partnership documents
1 (1) The admission arrangements for a grant-maintained school may include provisions—
(a) setting out the terms of a partnership document for the school and the parental declaration to be used in connection with the document;
(b) making it a condition of the admission of every child to the school that his parent gives the governing body a signed parental declaration either—
(i) at the time of applying for a place at the school for the child, or
(ii) if the child is allocated a conditional place, within such period as is specified in the arrangements; and
(c) authorising the governing body to dispense with that condition to any extent in the case of a particular child where they are satisfied that there are special reasons for doing so.
(2) For the purposes of this paragraph and paragraph 2 a “partnership document” is a statement specifying—
(a) the school’s aims and values;
(b) the responsibilities which the school intends to discharge in connection with the education of children admitted to the school; and
(c) the parental responsibilities, that is the responsibilities which the parents of such children are expected to discharge in connection with the education of their children while they are registered pupils at the school;
and “parental declaration” means a declaration to be signed by a parent seeking the admission of his child to the school by which he acknowledges and accepts the parental responsibilities specified in the partnership document.
(3) In determining the provisions to be included in the admission arrangements for a school in pursuance of sub-paragraph (1), the governing body shall have regard to any guidance given from time to time by the Secretary of State.
(4) The Secretary of State may by order provide that any form of words specified in the order, or having such effect as is so specified, is not to be used in a partnership document or (as the case may be) in a parental declaration.
(5) An order under sub-paragraph (4) may apply to any school or description of school specified in the order.
(6) In this paragraph and paragraph 2—
“admission arrangements”, in relation to a school, means the arrangements for the admission of pupils to the school; and
“conditional place”, in relation to a child, means a place which is conditional on the child’s parent giving the governing body a signed parental declaration.
Effect of home-school partnership document
2 (1) This paragraph applies where the admission arrangements for a grant-maintained school include the provisions authorised by paragraph 1(1).
(2) The governing body shall, in the case of each child on behalf of whom an application for admission is made, notify his parent of the following matters, namely—
(a) the terms of the partnership document and the parental declaration, and
(b) the effect of the provisions of the admission arrangements authorised by paragraph 1(1)(b) and (c).
(3) Where sub-paragraph (2) has been complied with in relation to a child’s parent but—
(a) the parent has failed to comply with the condition referred to in paragraph 1(1)(b), and
(b) the governing body are not satisfied that there are special reasons for dispensing with that condition to the required extent in the case of that child,
the governing body shall not be under any duty to admit the child to the school; and, if he has been allocated a conditional place, the allocation of that place may be cancelled.
(4) In sub-paragraph (3) the reference to dispensing with the condition mentioned in that sub-paragraph “to the required extent”—
(a) is, where the parent gives the governing body a signed parental declaration in relation to some but not the remainder of the parental responsibilities, a reference to dispensing with that condition so far as the remainder of those responsibilities are concerned; but
(b) is otherwise a reference to wholly dispensing with that condition.
(5) In performing any function under this paragraph the governing body shall have regard to any guidance given from time to time by the Secretary of State.
(6) A partnership document shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.
Restriction of right to refuse admission to partially-selective school
3 (1) An application for the admission of a child to a grant-maintained school may not be refused on the grounds that his admission would be incompatible with the school’s selective admission arrangements unless those arrangements—
(a) are wholly based on selection by reference to ability or aptitude, and
(b) are so based with a view to admitting only pupils with high ability or with aptitude.
(2) For the purposes of this paragraph a school has selective admission arrangements if the arrangements for the admission of pupils to the school are to any extent based on selection by reference to ability or aptitude.
No requirement to admit children permanently excluded from two or more schools
4 (1) The governing body of a grant-maintained school shall not be under any duty to admit to the school any child to whom sub-paragraph (3) applies.
(2) The governing body of such a school shall not be under any duty to make arrangements for enabling any person to appeal against a decision refusing a child admission to the school in a case where, at the time when the decision is made, sub-paragraph (3) applies to the child.
(3) Where a child has been permanently excluded from two or more schools, this sub-paragraph applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.
(4) Sub-paragraph (3) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.
(5) However, a child shall not be regarded as permanently excluded from a school for the purposes of this paragraph if—
(a) although so excluded he was reinstated as a pupil at the school following the giving of a direction to that effect to the head teacher of the school; or
(b) he was so excluded at a time when he had not attained compulsory school age.
(6) In this paragraph “school” means—
(a) a school maintained by a local education authority; or
(b) a grant-maintained or grant-maintained special school.
(7) This paragraph does not apply in relation to a child unless at least one of the two or more exclusions mentioned in sub-paragraph (3) took effect on or after the date of the coming into force of section 14 of the Education Act 1997.
(8) For the purposes of this paragraph the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.
1 (1) A participation agreement shall provide that it may be terminated in accordance with this Schedule.
(2) A participation agreement shall not be capable of being terminated by either party otherwise than in accordance with this Schedule.
2 The proprietors of the school may terminate a participation agreement by giving three years’ written notice to the Secretary of State or such shorter notice as he may in any particular case accept.
3 Subject to paragraph 4, the Secretary of State may terminate a participation agreement by giving three years’ written notice to the proprietors of the school.
4 (1) If in the case of a participation agreement the Secretary of State—
(a) is satisfied that any condition applying to the school under the agreement or by virtue of regulations made under section 480 has been contravened, or
(b) is not satisfied that appropriate educational standards are being maintained at the school, or
(c) is not satisfied that section 550 (which provides that a person is not to be refused education at a school because section 548 would prevent his being given corporal punishment) is being complied with in relation to the school,
he may at any time terminate the agreement by written notice to the proprietors of the school.
(2) A notice of termination given under this paragraph may provide that it shall be treated as of no effect if the proprietors of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition so specified.
5 A notice of termination given under paragraph 3 or 4 shall contain a statement of the reason for which it is given.
6 The termination of a participation agreement shall not affect the operation of the agreement or of the assisted places scheme (including any regulations made under section 480) in relation to any pupil holding an assisted place at the school on the date of the termination.
SCHEDULE 35B Meaning of “eligible child” for purposes of section 508B
Section 508B
1 For the purposes of section 508B (travel arrangements for eligible children) an “eligible child” means a child who falls within any of paragraphs 2 to 7 or 9 to 13.
Children with special educational needs, a disability or mobility problems
2 A child falls within this paragraph if—
(a) he is of compulsory school age and is any of the following—
a child with special educational needs;
a disabled child;
a child with mobility problems,
(b) he is a registered pupil at a qualifying school which is within walking distance of his home,
(c) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and
(d) having regard to whichever of the following are relevant—
his special educational needs;
his disability;
his mobility problems,
he cannot reasonably be expected to walk to the school mentioned in paragraph (b).
3 A child falls within this paragraph if—
(a) he is of compulsory school age and is any of the following—
a child with special educational needs;
a disabled child;
a child with mobility problems,
(b) he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and
(c) having regard to whichever of the following are relevant—
his special educational needs;
his disability;
his mobility problems,
he cannot reasonably be expected to walk to that place.
Children who cannot reasonably be expected to walk because of nature of routes
4 A child falls within this paragraph if—
(a) he is of compulsory school age and is a registered pupil at a qualifying school which is within walking distance of his home,
(b) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and
(c) having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to the school mentioned in paragraph (a).
5 A child falls within this paragraph if—
(a) he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and
(b) having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to that place.
Children outside walking distance where no suitable alternative arrangements made
6 A child falls within this paragraph if—
(a) he is of compulsory school age and is a registered pupil at a qualifying school which is not within walking distance of his home,
(b) no suitable arrangements have been made by the local authority for boarding accommodation for him at or near the school, and
(c) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.
7 A child falls within this paragraph if—
(a) he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),
(b) that place is not within walking distance of his home,
(c) no suitable arrangements have been made by the local authority for boarding accommodation for him at or near that place, and
(d) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.
8 (1) Where—
(a) a child of compulsory school age has been excluded from a relevant school,
(b) he remains for the time being a registered pupil at the school, and
(c) the appropriate authority for the school has made arrangements for the provision of full-time education for him otherwise than at the school or at his home during the period of exclusion,
paragraph 6 has effect as if the place at which the education is provided were a qualifying school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).
(2) For the purposes of sub-paragraph (1)—
(a) “relevant school” and “appropriate authority” have the same meaning as in section 444ZA (application of section 444 to alternative educational provision), and
(b) in relation to a maintained school or a pupil referral unit, references in that sub-paragraph to exclusion are references to exclusion under section 51A of the Education Act 2002.
Children entitled to free school meals etc
9 A child falls within this paragraph if—
(a) he has attained the age of 8 but not the age of 11,
(b) he is a registered pupil at a qualifying school which is more than two miles from his home,
(c) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and
(d) the appropriate condition is met in relation to him.
10 A child falls within this paragraph if—
(a) he has attained the age of 8 but not the age of 11,
(b) he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),
(c) that place is more than two miles from his home, and
(d) the appropriate condition is met in relation to him.
11 A child falls within this paragraph if—
(a) he has attained the age of 11,
(b) he is a registered pupil at a qualifying school which is more than two miles, but not more than six miles, from his home,
(c) there are not three or more suitable qualifying schools which are nearer to his home, and
(d) the appropriate condition is met in relation to him.
12 A child falls within this paragraph if—
(a) he has attained the age of 11,
(b) he is a registered pupil at a qualifying school which is more than two miles, but not more than fifteen miles, from his home,
(c) his parent has expressed a wish, based on the parent's religion or belief, for him to be provided with education at that school,
(d) having regard to the religion or belief on which the parent's wish is based, there is no suitable qualifying school which is nearer to the child's home, and
(e) the appropriate condition is met in relation to him.
13 A child falls within this paragraph if—
(a) he has attained the age of 11,
(b) he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),
(c) that place is more than two miles, but not more than six miles, from his home, and
(d) the appropriate condition is met in relation to him.
14 (1) For the purposes of paragraphs 9 to 13, the appropriate condition is met in relation to a child if condition A or condition B is met.
(2) Condition A is met if the child is within section 512ZB(4) (provision of free school lunches and milk).
(3) Condition B is met if—
(a) a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and
(b) the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.
Meaning of “qualifying school” etc
15 (1) The definitions in sub-paragraphs (2) to (5) apply for the purposes of this Schedule.
(2) “Qualifying school” in relation to a child means—
(a) a community, foundation or voluntary school,
(b) a community or foundation special school,
(c) a school approved under section 342 (non-maintained special schools),
(d) a pupil referral unit,
(e) a maintained nursery school, or
(f) a city technology college, a city college for the technology of the arts, an Academy school or an alternative provision Academy.
(3) In relation to a child with special educational needs, an independent school, other than a college or Academy falling within sub-paragraph (2)(f), is also a “qualifying school” if—
(a) it is the only school named in the EHC plan maintained for the child, or
(b) it is one of two or more schools named in that plan and of those schools it is the nearer or nearest to the child's home.
(4) “Disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly.
(5) “Walking distance” has the meaning given by section 444(5).
(6) “Religion” and “belief” are to be read in accordance with section 509AD(3).
(7) In the case of a child who is a registered pupil at both a pupil referral unit and at a school other than a unit, references in this Schedule to the school at which he is a registered pupil are to be read as references to the unit.
Section 508E
Power to make scheme
1 (1) A local authority in England may make a school travel scheme for their area.
(2) Before making a school travel scheme, a local authority must consult such persons as the authority consider appropriate.
Arrangements to be included in scheme
2 (1) A school travel scheme must set out (in general terms) what arrangements in connection with the attendance of children in the authority's area receiving education—
(a) at schools,
(b) at any institution within the further education sector, or
(c) at any other place by virtue of arrangements made in pursuance of section 19(1),
the scheme authority consider it appropriate to be made in relation to travel to and from such places.
(2) Those arrangements are to be either or both of the following—
(a) arrangements to be made by the authority;
(b) arrangements to be made by any other persons.
(3) A school travel scheme may include travel arrangements of any description and may, in particular, include—
(a) arrangements for the provision of transport;
(b) any of the following arrangements only if made with the relevant parental consent—
(i) arrangements for the provision of one or more persons to escort a child (whether alone or together with other children) when travelling to or from any of the places mentioned in any of paragraphs (a) to (c) of sub-paragraph (1);
(ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;
(iii) arrangements for the payment of allowances in respect of the use of particular modes of travel;
(c) arrangements to facilitate or promote the use of particular modes of travel.
(4) The reference in sub-paragraph (3) to the relevant parental consent is to the consent of a parent of each child in relation to whom the arrangements in question are made.
(5) A school travel scheme must require that if any arrangements set out in the scheme involve arrangements to be made by any person other than the scheme authority and those arrangements—
(a) are not made by that person or by any other persons, or
(b) are so made but are not given effect to in compliance with the requirements of the scheme,
the scheme authority must make suitable alternative arrangements.
Travel arrangements for “eligible children”
3 (1) A school travel scheme must require that, in the case of an eligible child in the scheme authority's area to whom sub-paragraph (2) applies, the authority must make such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made in relation to the child.
(2) This sub-paragraph applies to an eligible child if—
(a) no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided in relation to him by any person who is not the scheme authority, or
(b) such travel arrangements are provided in relation to him by any person who is not the scheme authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.
(3) “Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child.
(4) “Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—
(a) arrangements for the provision of transport, and
(b) any of the following arrangements only if they are made with the consent of a parent of the child—
(i) arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child;
(ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;
(iii) arrangements for the payment of allowances in respect of the use of particular modes of travel.
(5) “Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily.
(6) Regulations may modify sub-paragraphs (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.
4 (1) For the purposes of paragraph 3, an “eligible child” is a child who falls within any of the following paragraphs of Schedule 35B—
(a) paragraph 2 or 3 (children of compulsory school age with special educational needs, a disability or mobility problems);
(b) paragraph 4 or 5 (children of compulsory school age who cannot reasonably be expected to walk because of the nature of the routes);
(c) paragraph 6 or 7 (children of compulsory school age who live outside walking distance and for whom no suitable alternative arrangements are made);
(d) paragraph 9, 10, 11, 12 or 13 (children aged 8 or over who are entitled to free school meals etc).
(2) References in paragraph 3 to the “relevant educational establishment”, in relation to an eligible child, are references to—
(a) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school at which the child is a registered pupil referred to in the paragraph in question, and
(b) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.
Charges
5 (1) A school travel scheme must set out the policy applicable to charging in relation to anything provided in pursuance of the scheme.
(2) The policy to be set out under sub-paragraph (1) must include provision to the effect that anything provided in pursuance of the scheme for a protected child is provided free of charge.
(3) The policy to be set out under sub-paragraph (1) must include provision to the effect mentioned in sub-paragraph (3) of paragraph 7 in relation to any child falling within sub-paragraph (1) or (2) of that paragraph.
6 (1) For the purposes of paragraph 5, a “protected child” is a child of compulsory school age in the scheme authority's area who falls within any of sub-paragraphs (2) to (4).
(2) A child falls within this sub-paragraph if he is a child falling within any of the following paragraphs of Schedule 35B—
(a) paragraph 2 or 3 (children of compulsory school age with special educational needs, a disability or mobility problems);
(b) paragraph 4 or 5 (children of compulsory school age who cannot reasonably be expected to walk because of nature of routes).
(3) A child falls within this sub-paragraph if he is within section 512ZB(4) (provision of free school lunches and milk).
(4) A child falls within this sub-paragraph if—
(a) a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and
(b) the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.
7 (1) For the purposes of paragraph 5(3), a child falls within this sub-paragraph if—
(a) he is of compulsory school age and is any of the following—
a child with special educational needs;
a disabled child;
a child with mobility problems,
(b) he is a registered pupil at a qualifying school which is not within walking distance of his home, and
(c) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.
(2) For the purposes of paragraph 5(3), a child falls within this sub-paragraph if—
(a) he is of compulsory school age and is any of the following—
a child with special educational needs;
a disabled child;
a child with mobility problems,
(b) he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and
(c) that place is not within walking distance of his home.
(3) The effect referred to in paragraph 5(3) is that the amount payable in respect of anything provided in pursuance of the scheme for a child falling within sub-paragraph (1) or (2) is not to exceed the amount (if any) which would be payable under the scheme if—
(a) he were a child who is not a child with special educational needs, a disabled child or a child with mobility problems,
(b) in the case of a child falling within sub-paragraph (1), he were registered as a pupil at his nearest qualifying school, and
(c) he took full advantage of any arrangements under the scheme for the provision of transport for persons of his description.
(4) In sub-paragraph (3)(b), the reference to the child's nearest qualifying school is to whichever of the following is the nearest to his home to provide education for persons of his age who are not children with special educational needs, disabled children or children with mobility problems—
(a) a community school,
(b) a foundation school,
(c) a voluntary school,
(d) an Academy,
(e) a city technology college, and
(f) a city college for the technology of the arts.
8 Any sum payable in respect of a charge for anything provided by the scheme authority in pursuance of arrangements made by that authority in pursuance of a school travel scheme is to be recoverable summarily as a civil debt.
9 (1) This paragraph applies if a school travel scheme will give rise to any need to incur expenditure in order for a child to take advantage of anything provided for him in pursuance of the scheme.
(2) The scheme must include provision for any expenditure that needs to be incurred for the purpose mentioned in sub-paragraph (1) in the case of a protected child to be met by the scheme authority.
(3) “Protected child” has the meaning given for the purposes of paragraph 5.
Commencement of scheme
10 (1) A school travel scheme is not to come into force unless approved by the Secretary of State.
(2) A school travel scheme which has been approved by the Secretary of State is to come into force in accordance with directions given by the Secretary of State.
(3) The earliest date on which a school travel scheme may come into force is 31 August 2007.
Amendment or revocation of scheme
11 (1) The scheme authority may amend or revoke a school travel scheme.
(2) Before amending a school travel scheme, the scheme authority must consult such persons as they consider appropriate.
(3) The power of amendment under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.
(4) The Secretary of State may consent to the exercise of the power of amendment under sub-paragraph (1) on an application by the scheme authority specifying the proposed exercise of the power.
(5) If on an application under sub-paragraph (4) the Secretary of State consents to the exercise of the power of amendment under sub-paragraph (1), the scheme authority must exercise the power accordingly.
(6) Any amendment under this paragraph is to come into force in accordance with directions given by the Secretary of State.
Provision of information
12 (1) The scheme authority must—
(a) make such reports and returns to the Secretary of State, and
(b) compile and give to the Secretary of State such information,
as the Secretary of State may require for any of the purposes mentioned in sub-paragraph (2).
(2) Those purposes are—
(a) the purpose of monitoring the operation or effect of a school travel scheme approved under this Schedule;
(b) the purpose of preparing or publishing an evaluation under section 80 of the Education and Inspections Act 2006.
Guidance
13 (1) The Secretary of State must issue, and may from time to time revise, guidance as to the matters which he will take into account in exercising his power under paragraph 10(1) or 11(3).
(2) Before issuing or revising guidance under sub-paragraph (1), the Secretary of State must consult such persons as he considers appropriate.
Interpretation
14 In this Schedule—
“disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly;
“qualifying school” has the same meaning as it has for the purposes of Schedule 35B;
“scheme authority”, in relation to a school travel scheme, means the local authority by which the scheme is made;
“walking distance” has the meaning given by section 444(5).
SCHEDULE 36 Uniform statutory trusts for educational endowments
Section 557.
1 The trustees may, after payment of any expenses incurred in connection with the administration of the trust, apply the capital and income of the relevant trust assets for any of the following purposes—
(a) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of any relevant school in the area,
(b) for the maintenance of any relevant school in the area;
(c) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of a teacher’s house for use in connection with any relevant school in the area; and
(d) for the maintenance of a teacher’s house for use in connection with any relevant school in the area.
2 The trustees may also, after payment of any expenses incurred in connection with the administration of the trust, apply the income of the relevant trust assets for any of the following purposes—
(a) in or towards the provision of advice, guidance and resources (including materials) in connection with any matter related to the management of, or education provided at, any relevant school in the area;
(b) the provision of services for the carrying out of any inspection of any relevant school in the area required by Part 1 of the Education Act 2005 ; and
(c) to defray the cost of employing or engaging staff in connection with—
(i) the application of income of the relevant trust assets for either of the purposes referred to in sub-paragraphs (a) and (b) above, or
(ii) the application of capital or income of the relevant trust assets for any of the purposes referred to in paragraph 1 above.
1 Functions conferred on a local authority under the Education Acts (as defined in section 578).
2 Functions conferred on a local authority under the enactments specified in the first column of the table below (being the functions which are described in general terms in the second column of that table).
Table
Enactment | Nature of functions
Children and Young Persons Act 1933 (c. 12)
Section 18 | Making of byelaws relating to the employment of children.
Superannuation Act 1972 (c. 11)
Section 9(5A) | Payment of injury benefit to or in respect of teachers.
Employment and Training Act 1973 (c. 50)
Sections 10 and 10A | Powers and duties relating to careers services
Section 12 | Duty to provide information to the Secretary of State.
. . . | . . .
Public Passenger Vehicles Act 1981 (c. 14)
Section 46 | Power to use a school bus to carry fare-paying passengers.
Representation of the People Act 1983(c.2)
Paragraph 2 of Schedule 5 | Duty to prepare and revise lists of rooms in school premises which candidates may use.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Section 5(1) to (4), (6) and (8) | Duty to require the appropriate officer to give an opinion as to whether a child with an EHC plan or a statement is disabled.
Children Act 1989 (c. 41)
Section 36 and Part 3 of Schedule 3 (except paragraph 19(2)) | Education supervision orders.
. . . | . . .
Learning and Skills Act 2000(c. 21)
Section 33J | Duty to assist the Commission for Tertiary Education and Research in planning the local curriculum.
Section 33K | Duty relating to delivery of local curriculum and joint working (in Wales).
Section 33L | Duty to have regard to guidance and comply with directions relating to section 33K.
. . . | . . .
. . . | . . .
Sections 96, 101 ... | Duties as an “authorised body” relating to qualifications (in England).
Sections 123 to 125 and 128 | Support services for 11 to 25 years olds: Wales.
. . . | . . .
Section 140(5) | Duty to send copy of a statement of special educational needs to the Welsh Ministers if requested.
. . . | . . .
Local Government Act 2000(c. 22)
Paragraphs 7, 8 and 9 of Schedule 1 | Duty to include certain persons on overview and scrutiny committee if it relates to education functions.
Nationality, Immigration and Asylum Act 2002 (c. 41)
Section 37 | Powers and duties relating to education of a child in an accommodation centre.
Anti-social Behaviour Act 2003(c. 38)
Sections 19, 20, 21 and 22A | Powers and duties relating to parenting orders and parenting contracts.
National Health Service Act 2006 (c. 41 )
Paragraph 5 of Schedule 1 | Duty to make available to the Secretary of State appropriate accommodation for enabling the Secretary of State to arrange for medical inspections in schools.
National Health Service (Wales) Act 2006 (c. 42)
Paragraph 5 of Schedule 1 | Duty to make available to the Welsh Ministers appropriate accommodation for enabling them to arrange for medical inspections in schools.
Equality Act 2010 (c. 15)
Section 29(7) in its application to a local authority’s functions under the Education Acts | Duty to make reasonable adjustments for disabled persons.
Section 85(6) | Duty (as responsible body) to make reasonable adjustments for disabled pupils.
Section 92(6) | Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education.
Section 93(6) | Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities.
paragraph 1 of Schedule 10 | Duty to prepare and implement accessibility strategy.
paragraph 3 of Schedule 10 | Duty (as responsible body) to prepare and implement an accessibility plan.