Change 1 Article Choose an article Title and introductory text 1 General duty of Secretary of State. 2 Duty in the case of primary, secondary and further education. 3 Funding Agency for Schools. 4 Schools Funding Council for Wales. 5 Meaning of “funding authority” in the Education Acts. 6 Grants to funding authorities. 7 Provision of information. 8 Value-for-money studies of grant-maintained schools. 9 Supervision of funding authorities by the Secretary of State. 10 Extension of functions of Audit Commission. 11 Compulsory purchase of land. 12 Responsibility for providing sufficient school places. 13 Direction to admit child to specified school. 14 Procedure for giving direction. 15 Procedure for preparing agreed syllabus of religious education. 16 Standing advisory councils on religious education. 17 Miscellaneous functions relating to grant-maintained schools. 18 Functions under agreements relating to CTCs and CCTAs. 19 Functions in respect of grants for certain expenditure due to immigrant population. 20 Resolution of disputes. 21 Duty to compile information and conduct research about provision of education. 22 “Grant-maintained schools”. 23 Schools eligible for grant-maintained status. 24 Duty of governing body to consider ballot on grant-maintained status. 25 Initiation of procedure by governing body. 26 Initiation of procedure by parents. 27 Information as to parents of registered pupils. 28 Ballot of parents. 29 Persons eligible to vote in ballot. 30 Second ballot to be held if insufficient votes cast. 31 Power to declare ballot void for irregularity. 32 Publication of proposals. 33 Withdrawal, approval or rejection of proposals. 34 Incorporation of governing body. 35 Exercise of powers before proposed date of implementation. 36 Expenses in connection with proposals for acquisition of grant-maintained status. 37 Chapter II: interpretation, etc. 38 Transfer of property etc. 39 Transfer of staff. 40 “Pending” procedure for acquisition of grant-maintained status. 41 Control of disposals of land. 42 Wrongful disposals of land. 43 Control of contracts. 44 Wrongful contracts. 45 Restriction on change of purpose for which property used or held. 46 Restriction on staff changes. 47 Supplementary provisions about transfers. 48 Proposals by funding authority. 49 Proposals by promoters. 50 Provisions supplementary to sections 48 and 49. 51 Approval, adoption or rejection of proposals. 52 Implementation of proposals. 53 Exercise of powers before proposed date of implementation, and payment of grant. 54 Chapter IV: interpretation. 55 Constitution of governing body and conduct of school. 56 Initial instruments and articles of government. 57 Subsequent instruments of government. 58 Subsequent articles of government. 59 Categories of governors. 60 Parent governors. 61 Teacher governors. 62 Head teacher. 63 First governors. 64 Power of the Secretary of State to replace first governors. 65 Foundation governors. 66 Sponsor governors. 67 Additional governors. 68 Powers of governing body. 69 Joint schemes. 70 Making and varying joint schemes. 71 Determination of initial parent and teacher governors. 72 Section 71: supplementary provisions. 73 Determination of initial first or foundation governors. 74 Replacement of proposed initial parent and teacher governors before incorporation. 75 Replacement of proposed initial first or foundation governors before incorporation. 76 Elections and appointments required for determining initial governors of an elected category: supplementary provisions. 77 Initial sponsor governors. 78 Initial governors for new grant-maintained schools. 79 Saving for defects in selection or nomination. 80 Chapter V: interpretation. 81 Maintenance grants. 82 Special purpose grants. 83 Capital grants. 84 Imposition of requirements on governing body in receipt of grant. 85 Grants: further provisions. 86 Application of sections 87 to 91. 87 Maintenance grants. 88 Special purpose grants. 89 Capital grants. 90 Imposition of requirements on governing body in receipt of grant. 91 Grants: further provisions. 92 Loans to governing bodies. 93 Recovery from local funds of sums in respect of maintenance grant. 94 Determination of total amount recoverable under section 93. 95 Provisions consequential on section 93. 96 Proposals for change of character etc. by governing body. 97 Proposals for change of character etc. by funding authority. 98 Approval, adoption or rejection of proposals. 99 Approval of school premises. 100 Implementation of proposals, etc. 101 Power to transfer functions under preceding provisions etc. 102 Proposals for change of character approved before school becomes grant-maintained. 103 Chapter VII: interpretation. 104 Proposals by governing body for discontinuance. 105 Proposals by funding authority for discontinuance. 106 Approval, adoption or rejection of proposals. 107 Implementation of proposals. 108 Power to transfer functions under preceding provisions. 109 Withdrawal of grant where school is unsuitable to continue as grant-maintained school. 110 Withdrawal or variation of notice under section 109. 111 Power to provide by order for winding-up and disposal of property. 112 Winding up. 113 Grants to governing body in liquidation. 114 Disposal of school property. 115 Disposal of school property: supplementary. 116 Surplus money and investments. 117 Nature of group. 118 Instruments and articles of government for group. 119 Parent governors. 120 Teacher governors. 121 Head teacher governors. 122 Core governors. 123 Power of the Secretary of State to replace core governors. 124 Additional governors. 125 Powers. 126 Application of maintenance grants in the case of groups. 127 School acquiring grant-maintained status as a member of a group, etc. 128 Provision of further education in grant-maintained schools. 129 Provision of benefits and services for pupils by local education authority. 130 Transfer of premises to trustees. 131 Disposal of premises on transfer of school to new site. 132 Disposal of premises transferred under section 38. 133 Disposal of premises held by trustees. 134 Disposal of premises provided, etc. by the funding authority. 135 Interpretation of sections 130 to 134. 136 Variation of trust deeds etc. by order. 137 Modification of instruments relating to land held for purposes of voluntary schools. 138 Former county schools and certain schools established as grant-maintained schools. 139 Former controlled schools. 140 Former aided or special agreement schools and certain schools established as grant-maintained schools. 141 Changes in religious education and worship. 142 Meaning of “the appropriate agreed syllabus” in sections 138 and 139. 143 Former county schools and certain schools established as grant-maintained schools. 144 Former voluntary schools and certain schools established as grant-maintained schools. 145 Changes in religious character of schools. 146 Reconsideration of agreed syllabus: consultation with grant-maintained schools. 147 Standing advisory councils on religious education. 148 Cases where no requirement for Christian collective worship. 149 Minimum number for admission. 150 Alteration of minimum number by Secretary of State. 151 Alteration of minimum number by funding authority. 152 Manner of giving notification to governing body. 153 Provision of information by governing body. 154 Inspection of accounts and reports to Parliament. 155 Interpretation of Part II. 156 Meaning of “special educational needs” and “special educational provision” etc. 157 Code of Practice. 158 Making and approval of code. 159 Review of arrangements. 160 Qualified duty to secure education of children with special educational needs in ordinary schools. 161 Duties of governing body etc. in relation to pupils with special educational needs. 162 Provision of goods and services in connection with special educational needs. 163 Special educational provision otherwise than in schools. 164 Provision outside England and Wales for certain children. 165 General duty of local education authority towards children for whom they are responsible. 166 Duty of Health Authority or local authority to help local education authority. 167 Assessment of educational needs. 168 Statement of special educational needs. 169 Appeal against decision not to make statement. 170 Appeal against contents of statement. 171 Access for local education authority to certain schools. 172 Reviews of educational needs. 173 Assessment of educational needs at request of child’s parent. 174 Assessment of educational needs at request of governing body of grant-maintained school. 175 Assessment of educational needs of children under two. 176 Duty of Health Authority or National Health Service trust to notify parent etc. 177 Constitution of Tribunal. 178 The President and members of the panels. 179 Remuneration and expenses. 180 Tribunal procedure. 181 Supervision of and appeals from Tribunal. 182 Special schools. 183 Establishment, etc. of maintained or grant-maintained special schools. 184 Procedure for dealing with proposals. 185 Approval of premises of maintained or grant-maintained special schools. 186 Maintained special school becoming grant-maintained special school. 187 Groups including grant-maintained special schools. 188 Approval of special schools. 189 Approval of independent schools. 190 Provision of education at non-maintained schools. 191 Variation of trust deeds etc. by order. 192 School attendance orders. 193 Choice of school: child without statement of special educational needs. 194 Specification of schools in notices under section 193(2). 195 Amendment of order at request of parent: child without statement of special educational needs. 196 Choice of school: child with statement of special educational needs. 197 Revocation of order at request of parent. 198 Offence: failure to comply with school attendance order. 199 Offence: failure to secure regular attendance at school of registered pupil. 200 Presumption of age. 201 Institution of proceedings and punishment. 202 Education supervision orders. 203 Exemption where child attains 5 years during term. 204 Extension of the Education (Schools) Act 1992. 205 Section 9 inspections by members of the Inspectorate. 206 Section 9 inspections by registered inspectors. 207 Reports of inspections by members of the Inspectorate. 208 Timing of section 9 inspections by registered inspectors. 209 Destination of reports. 210 Special measures by appropriate authority. 211 Additional special measures by local education authority. 212 Monitoring special measures and further inspections. 213 Schools to which sections 214 to 217 apply. 214 Appointment of additional governors. 215 Suspension of right to delegated budget. 216 Grouping and de-grouping. 217 Prohibition on ballot under Part II. 218 Power to establish education associations. 219 Supervision of education associations by the Secretary of State. 220 Transfer of responsibility for conducting school to an education association. 221 Effect of order under section 220. 222 Functions of education associations. 223 Conduct of school. 224 School conducted by education association acquiring grant-maintained status. 225 Discontinuance of school conducted by education association. 226 Winding-up of education association. 227 Reports showing school no longer requires special measures. 228 Regulations for the purposes of Chapter II. 229 Proposals for establishment, etc. of schools by local education authority. 230 Proposals for establishment, etc. of voluntary schools by promoters, etc. 231 Nursery education in grant-maintained schools. 232 Directions to bring forward proposals to remedy excessive provision. 233 Directions to bring forward proposals for additional provision in maintained schools. 234 Publication of proposals by the Secretary of State. 235 Public inquiry into proposals. 236 Adoption of proposals and approval of related proposals. 237 Supplementary provisions. 238 Incorporation of governing bodies. 239 Powers of incorporated governing bodies. 240 National Curriculum. 241 Sex education. 242 Temporary procedure for making certain orders. 243 Procedure for making certain orders: Wales. 244 The School Curriculum and Assessment Authority. 245 Functions. 246 Dissolution of existing Councils. 247 Transfer of property. 248 Transfer of staff. 249 Finance. 250 Proceedings. 251 Accounts. 252 Transfer of functions in relation to Wales. 253 Change of name. 254 Duty to reconvene conference on agreed syllabus of religious education. 255 Duty to constitute new standing advisory council on religious education. 256 Reconsideration of agreed syllabus. 257 Power of Secretary of State to direct standing advisory council to revoke determination or discharge duty. 258 Access to meetings and documents of standing advisory council and conference on agreed syllabus of religious education. 259 Inspection of religious education. 260 Arrangements for admissions. 261 Restrictions on power to exclude pupils. 262 Exclusion of pupils: funding. 263 Provision of information about CTCs and CCTAs. 264 Distribution of information about certain schools by other schools. 265 Distribution of information about further education institutions by schools. 266 Lay members for admission appeal committees. 267 Duty to advertise for lay members for appeal committees. 268 Indemnity for legal costs and expenses of members of appeal committees. 269 Investigation by Local Commissioner of decisions of certain appeal committees. 270 Arrangements under section 6(6) of the Education Act 1980: modification or replacement. 271 Sponsor governors for aided secondary schools. 272 Power of governing body of county school to propose change of character etc. 273 Power to make and deal with proposals in the case of schools eligible for grant-maintained status. 274 Revision of schemes for financing schools maintained by local education authorities. 275 Publication and auditing of financial statements. 276 Application of schemes to special schools. 277 Compulsory school age. 278 Grants for education support and training. 279 Inter-authority recoupment. 280 Musical instrument tuition. 281 Grants by Secretary of State in respect of aided and special agreement schools. 282 Power of LEA to assist governors of aided or special agreement school. 283 Power of LEA to assist promoters of voluntary school. 284 Duty to convey interest in premises provided under section 282(1) or 283. 285 Disapplication of section 123(2) of the Local Government Act 1972. 286 Repeal of section 3(4) of the Education Act 1968. 287 Religious educational trusts: adoption of statutory trusts. 288 Religious educational trusts: supplementary provision. 289 Employment of certain teachers: pay and conditions. 290 Independent schools: employment of teachers etc. 291 Training for unqualified teachers in CTCs or CCTAs. 292 Independent schools that are children’s homes. 293 Corporal punishment. 294 Corporal punishment: Scotland. 295 Provision of goods and services by local education authorities. 296 Abolition of requirement to establish education committees. 297 Power of Secretary of State to direct appointment of members of committees. 298 Exceptional provision of education in school or elsewhere. 299 Stamp duty. 300 Publication of guidance. 301 Orders, regulations and directions. 302 Financial provisions. 303 Construction of references to old and new law. 304 Meaning of “school” in the Education Acts. 305 General interpretation. 306 Index. 307 Amendments etc. 308 Short title, commencement, etc. SCHEDULE 1 THE FUNDING AUTHORITIES SCHEDULE 2 DISTRIBUTION OF FUNCTIONS WHERE ORDER MADE UNDER SECTION 12 SCHEDULE 3 PROPOSALS FOR SCHOOLS TO BECOME, OR BE ESTABLISHED AS, GRANT-MAINTAINED SCHOOLS SCHEDULE 4 ACQUISITION OF GRANT-MAINTAINED STATUS: EXERCISE OF POWERS BEFORE DATE OF IMPLEMENTATION SCHEDULE 5 GOVERNING BODIES OF GRANT-MAINTAINED SCHOOLS SCHEDULE 6 CONTENT OF ARTICLES OF GOVERNMENT FOR GRANT-MAINTAINED SCHOOLS SCHEDULE 7 CATEGORIES OF GOVERNORS SCHEDULE 8 CORE GOVERNORS FOR GROUPS SCHEDULE 9 MAKING OF ASSESSMENTS UNDER SECTION 167 SCHEDULE 10 MAKING AND MAINTENANCE OF STATEMENTS UNDER SECTION 168 SCHEDULE 11 GOVERNMENT AND CONDUCT OF GRANT-MAINTAINED SPECIAL SCHOOLS SCHEDULE 12 EDUCATION ASSOCIATIONS SCHEDULE 13 INCORPORATED GOVERNING BODIES FOR COUNTY, VOLUNTARY AND MAINTAINED SPECIAL SCHOOLS SCHEDULE 14 SCHOOL CURRICULUM AND ASSESSMENT AUTHORITY SCHEDULE 15 AMENDMENTS CONSEQUENTIAL ON SECTION 253 SCHEDULE 16 SCHOOL ADMISSION APPEALS SCHEDULE 17 UNIFORM STATUTORY TRUSTS FOR EDUCATIONAL ENDOWMENTS SCHEDULE 18 PUPIL REFERRAL UNITS SCHEDULE 19 MINOR AND CONSEQUENTIAL AMENDMENTS SCHEDULE 20 TRANSITIONAL PROVISIONS AND SAVINGS SCHEDULE 21 REPEALS
What to do with it
As published
44 Wrongful contracts.
(1) This section applies where—
(a) proposals for acquisition of grant-maintained status in respect of a school have been approved, and
(b) a local authority have entered into a contract to which section 43 of this Act applies in contravention of that section.
(2) The Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before it is performed.
(3) A repudiation under subsection (2) above shall have effect as if—
(a) where it is made after the date of implementation of the proposals, the local authority (and not the governing body) were party to the contract, and
(b) the repudiation were made by the local authority.
Your wording
Your change, as a redline
44 Wrongful contracts.
(1) This section applies where—
(a) proposals for acquisition of grant-maintained status in respect of a school have been approved, and
(b) a local authority have entered into a contract to which section 43 of this Act applies in contravention of that section.
(2) The Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before it is performed.
(3) A repudiation under subsection (2) above shall have effect as if—
(a) where it is made after the date of implementation of the proposals, the local authority (and not the governing body) were party to the contract, and
(b) the repudiation were made by the local authority.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.