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In force since 1996-11-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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In section 106(3) of the Education Reform Act 1988 (exceptions from the prohibition of charges in maintained schools) for paragraph (a) there is substituted— (a) tuition in playing any musical instrument, where the tuition is provided either individually or to a group of no more than four pupils; or .
Propose a change(1) The Secretary of State may— (a) in the case of any aided school or special agreement school, or (b) where proposals have been approved under section 13 of the Education Act 1980 (establishment etc. of voluntary schools) for a school or proposed school to be maintained as a voluntary school and the Secretary of State has made an order under section 15 of the Education Act 1944 (classification of schools) directing that the school be an aided school, make grants to the governing body in respect of expenditure falling within subsection (2) below incurred by them. (2) The expenditure referred to in subsection (1) above is expenditure in respect of the provision, alteration or repair of premises or equipment for the school or proposed school. (3) The amount of any grant paid under this section to the governing body in respect of any such expenditure— (a) shall not exceed 85 per cent. of the expenditure, and (b) in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations. (4) The times at which, and the manner in which, payments are made in respect of grant under this section shall be such as may be determined from time to time by the Secretary of State. (5) Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this section to make grants in respect of expenditure on— (a) such alterations to school buildings as are referred to in section 15(3)(a) of the Education Act 1944 (alterations required by local education authority in order to comply with prescribed standards), and (b) the repair of school buildings, give priority to paying grant in respect of expenditure which is necessary for the performance by governing bodies of their duties; and the amount of any grant paid in the exercise of that power in respect of such expenditure on the repair of school buildings shall be 85 per cent. of the expenditure. (6) A governing body to whom any payment is made in respect of grant under this section shall comply with such requirements determined by the Secretary of State as he may from time to time impose. (7) Such requirements— (a) may be imposed on or at any time after the making of any payment by reference to which they are imposed, and (b) may at any time be waived, removed or varied by the Secretary of State. (8) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount. (9) That amount is— (a) the amount of the payments made in respect of the grant under this section, or (b) so much of the value of any premises or equipment in respect of which grant was paid under this section as is determined in accordance with the requirements to be properly attributable to the payment of such grant, whichever is the greater. (10) No such requirement as is referred to in subsection (8) above may be imposed where any payment is made in respect of grant under this section if— (a) the grant is made in respect of the provision, alteration or repair of premises for a school or proposed school, and (b) any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school. (11) No grant may be paid under this section— (a) in respect of any expenses incurred in the provision of any premises which it is the duty of the local education authority to provide, or (b) in the case of a special agreement school, in respect of expenses incurred in the execution of proposals to which the special agreement relates or of repairs or alterations for the execution of which provision is made by the agreement. (12) In relation to a proposed school, the references in this section to the governing body, in relation to any time before such a body are constituted, are to the persons who propose to establish the school; and where requirements are imposed in relation to grant paid under this section to such persons, the governing body, when they are constituted, as well as those persons shall comply with the requirements. (13) In this section “repair” does not include repair falling within section 15(3)(b) of the Education Act 1944 (repair for which governing body are not responsible).
Propose a change(1) A local education authority may give to the governors of an aided or special agreement school such assistance as the authority think fit in relation to the carrying out by the governors of any obligation under— (a) section 15(3)(a) of the Education Act 1944 (duty to defray certain maintenance expenses), (b) paragraph 2 of the First Schedule to the Education Act 1946 (duty to defray expenses of providing school buildings on site to which school transferred under section 16 of the Education Act 1944), or (c) section 13(5) of the Education Act 1980 (duty to implement proposal to alter, etc. school). (2) In section 15 of the Education Act 1944, after subsection (4) there is inserted— (4A) For the purposes of subsection (4) of this section, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under subsection (3)(a) of this section if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance). (3) In section 90 of the Education Act 1944 (compulsory purchase of land by local education authority) after subsection (1) there is inserted— (1A) The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance). (4) In paragraph 2 of the First Schedule to the Education Act 1946, the existing provision becomes sub-paragraph (1) and after that sub-paragraph there is inserted— (2) For the purposes of paragraph (c) of sub-paragraph (1) of this paragraph, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under this paragraph if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).
Propose a changeA local education authority may give to persons required under section 13(5) of the Education Act 1980 to implement proposals involving the establishment of a school such assistance as the authority think fit in relation to the carrying out by those persons of their obligations under that provision.
Propose a change(1) Where assistance under section 282(1) or 283 of this Act consists of the provision of any premises for use for the purposes of a school, the local education authority shall convey their interest in the premises to the trustees of the school to be held on trust for the purposes of the school. (2) If any doubt or dispute arises as to the persons to whom a local education authority are required to make a conveyance under subsection (1) above, the conveyance shall be made to such persons as the Secretary of State thinks proper. (3) Where trustees make a disposal of an interest conveyed to them by a local education authority under subsection (1) above, they shall be liable to pay to that authority an amount equal to the net proceeds of the disposal. (4) In subsection (3) above— “disposal” includes part disposal, and “net proceeds”, in relation to a disposal, means the amount accruing on the disposal less any expenditure reasonably incurred for the purposes of making it.
Propose a changeSubsection (2) of section 123 of the Local Government Act 1972 (which prohibits a local authority from making a disposal of land under that section below market value without the consent of the Secretary of State) shall not apply in the case of a disposal— (a) to the governors of an aided or special agreement school, or (b) to persons proposing to establish a school which is proposed to be maintained by a local education authority as a voluntary school and to be an aided school.
Propose a changeSection 3(4) of the Education Act 1968 (power of local education authority to provide, or assist in providing, temporary accommodation at voluntary school) shall cease to have effect.
Propose a change(1) This section applies to endowments which are— (a) regulated by an existing scheme under the Endowed Schools Acts 1869 to 1948 as applied by section 86(1) of the Education Act 1944 or by an order, whenever made, under section 2 of the Education Act 1973; and (b) held under any such scheme or order on trusts which provide for capital or income or both to be applicable for or in connection with— (i) the provision of religious education at relevant schools, or relevant schools of any description (but not only at a particular school or schools) in a diocese or other geographical area; or (ii) the provision of premises for relevant schools, or relevant schools of any description (but not only at a particular school or schools) at which religious education is or is to be provided in a diocese or other geographical area; but this section does not apply to an endowment if or in so far as it constitutes a religious education fund. (2) The trustees of any endowments to which this section applies may, by resolution complying with subsection (6) below, adopt the uniform statutory trusts as the trusts on which those endowments are to be held. (3) The uniform statutory trusts are those set out in Schedule 17 to this Act. (4) On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order. (5) The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6) below, consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity. (6) For a resolution to comply with this subsection— (a) it must be passed by a simple majority of the trustees or, if the trustees are a body corporate or a company, by a simple majority of the members of the body corporate or an ordinary resolution of the company; and (b) it must be recorded in the records of the decisions of the trustees affecting the endowments of the trust. (7) Where trustees pass a resolution under subsection (2) above it shall be their duty to send a copy of the resolution to the Secretary of State. (8) The uniform statutory trusts applicable to endowments to which this section applies shall not affect— (a) the rights of any person under the third proviso tosection 2 of the School Sites Act 1841,section 86(3) of the Education Act 1944 orsection 1 of the Reverter of Sites Act 1987 (rights replacing certain reversionary interests in land); or (b) the rights of any local education authority which have arisen or may arise under paragraph 7 or 8 of the First Schedule to the Education Act 1946 (rights in relation to school sites provided by such authorities); except in so far as any right falling within paragraph (a) above is extinguished by an order under section 2 of the Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987. (9) In this section— “company” means a company formed under the Companies Acts; “the Companies Acts” means the Companies Act 1985, the Companies Act 1948 or any Act repealed by that Act of 1948; “endowment” includes property not subject to any restriction on the expenditure of capital; “existing” means in force on the day on which this section comes into force; “provision”, in relation to premises, means provision by the purchase of a site, the erection of premises or the maintenance, improvement or enlargement of premises; “relevant school” means a voluntary school or a grant-maintained school. “religious education” means religious education in accordance with the tenets of a particular religion or religious denomination; and “religious education fund” includes a Sunday school fund. (10) In Schedule 17 to this Act as incorporated in any scheme or order— “the area” means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be; “relevant school” means a relevant school at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided; and “the relevant trust assets” means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.
Propose a change(1) Section 2 of the Education Act 1973 (special powers as to certain trusts for religious education) is amended as follows. (2) In subsection (4), at the end (definition of “use for appropriate educational purposes”) there is inserted “ including, in particular, but without prejudice to the generality of the foregoing words, use for any purpose specified in Schedule 17 to the Education Act 1993. ” (3) In subsection (3), after “dwelling-house” there is inserted “ and may consolidate any endowments to be dealt with by the scheme ”. (4) After subsection (5) there is inserted— (5A) Where a scheme given effect under this section provides for the endowments dealt with by the order or any part of them to be used for the purposes specified in Schedule 17 to the Education Act 1993, any such scheme may provide for the endowments thereby dealt with or any part of them to be added to any existing endowment applicable for those purposes (whether it is so applicable by virtue of a scheme given effect under this section or otherwise).
Propose a changeAfter section 3 of the School Teachers’ Pay and Conditions Act 1991 (special provisions as to grant-maintained schools) there is inserted— Special provisions for teachers on transfer of employment. 3A (1) This section applies where a school teacher employed to teach at an independent school— (a) which becomes a county or voluntary school in pursuance of proposals published under section 12(1)(b) or, as the case may be, 13(1)(a) of the Education Act 1980, or (b) in place of which a grant-maintained school is established in pursuance of proposals published under section 49 of the Education Act 1993, becomes employed (in the case of a county or voluntary school) by the local education authority or the governing body or (in the case of a grant-maintained school) by the governing body in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981. (2) A pay and conditions order shall not apply to the statutory conditions of employment of such a teacher unless he gives notice in writing to the new employer that the order is to so apply. (3) Where the governing body of an aided school receive notice given under subsection (2) above, they shall inform the local education authority.
Propose a change(1) At the end of section 71 of the Education Act 1944 (independent schools: complaints) there is added— (4) If at any time the Secretary of State is satisfied that a person whose employment is prohibited or restricted by virtue of regulations under section 218(6) of the Education Reform Act 1988— (a) is employed in a registered or provisionally registered school in contravention of those regulations, or (b) is the proprietor of such a school, he may order that the school be struck off the register or, as the case may be, that the Registrar is not to register the school. (5) In this section, and in sections 72 and 73 of this Act, “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of nineteen years. (2) In sections 71(1)(d) and (2), 72(2)(e), (3) and (4) and 73(3) of that Act, after “teacher” in each place where it occurs there is inserted “ or other employee ”. (3) In section 218 of the Education Reform Act 1988 (school etc. regulations)— (a) at the end of subsection (6)(b) “or” is omitted, (b) after subsection (6)(c) there is added or (d) by the proprietors of independent schools or at such schools as teachers or in any such work ,and (c) in subsection (12) after “section” there is inserted “ other than in subsection (6)(d) above ”.
Propose a changeIn section 218 of the Education Reform Act 1988 (school etc. regulations), after subsection (2) there is inserted— (2A) The regulations may impose requirements on persons carrying on city technology colleges or city colleges for the technology of the arts as to the training and teaching experience of persons employed as teachers at such colleges who seek to become (in relation to schools) qualified teachers; and such requirements shall have effect for the purposes of section 105 of this Act as requirements of the agreements under which the colleges are maintained.
Propose a change(1) In section 63 of the Children Act 1989 (children not to be cared for and accommodated in unregistered children’s homes) for subsection (6) there is substituted— (6) An independent school is a children’s home at any time if at that time accommodation is provided for children at the school and either— (a) in each year that fell within the period of two years ending at that time accommodation was provided for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in that year, or (b) it is intended to provide accommodation for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in any year, unless the school is approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements); and in this subsection “year” means a period of twelve months and “proprietor” has the same meaning as in the Education Act 1944. (2) In section 70 of the Education Act 1944 (registration of independent schools) after subsection (4) there is inserted— (4A) Regulations made under subsection (4) above may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the Children Act 1989).
Propose a change(1) Section 47 of the Education (No. 2) Act 1986 (corporal punishment) is amended as follows. (2) In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ” and after that subsection there is inserted— (1A) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading. (1B) In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects. (3) In subsection (5)— (a) for the words preceding paragraph (a) there is substituted “Subsection (1) above applies to a pupil”, and (b) for “but” there is substituted “ and in this section “pupil” .
Propose a change(1) Section 48A of the Education (Scotland) Act 1980 (corporal punishment) is amended as follows. (2) In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ” and after that subsection there is inserted— (1A) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading. (1B) In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects. (3) In subsection (5) for the words preceding paragraph (a) there is substituted In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school. (5A) Subsection (1) above applies to a pupil- (4) In subsection (8)(a) for “(5)(a)(iii)” there is substituted “ (5A)(a)(iii) ”.
Propose a change(1) Where the Secretary of State by order provides for this section to apply to a local education authority, the functions of the authority shall include the supply by the authority of such goods or services as may be specified in the order to the governing bodies of grant-maintained or grant-maintained special schools in such area as may be so specified. (2) The area specified in the order may not extend beyond the area which comprises— (a) the area of the authority, and (b) the area of any other local education authority which shares any boundary with the authority. (3) The terms on which goods and services are supplied by a local education authority in the exercise of a function exercisable by virtue of this section shall be such as can reasonably be expected to secure that the full cost of exercising the function is recovered by the authority. (4) This section may not apply to a local education authority after the expiry of the period of two years beginning when it first applies to the authority. (5) This section is without prejudice to the generality of any other enactment conferring functions on local education authorities.
Propose a changeSection 6(2) of, and Part II of the First Schedule to, the Education Act 1944 (education committees) are omitted.
Propose a change(1) Subsection (2) below applies to any local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities. (2) The Secretary of State may by directions to any local authorities to which this subsection applies require every such committee, or any such committee of a description specified in the direction, to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts. (3) Subsection (4) below applies to any two or more local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities. (4) The Secretary of State may by directions to any local authorities to which this subsection applies require every such committee, or any such committee of a description specified in the direction, to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts or in such area as may be specified in the direction. (5) The power of the Secretary of State to give directions under subsection (2) or (4) above shall be exercisable in relation to any sub-committees which are— (a) appointed by the authorities concerned or any such committee as is mentioned in that subsection, and (b) so appointed wholly or partly for the purpose of discharging the authorities’ functions as mentioned in that subsection or the committee’s functions with respect to education, as it is exercisable in relation to the committees themselves.
Propose a change(1) Each local education authority shall make arrangements for the provision of suitable full-time or part-time education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them. (2) A school established (whether before or after the commencement of this section) and maintained by a local education authority which— (a) is specially organised to provide education for such children, and (b) is not a county school or special school, shall be known as a “pupil referral unit”. (3) A local education authority may secure the provision of boarding accommodation at any pupil referral unit. (4) A local education authority may make arrangements for the provision of suitable full-time or part-time education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them. (5) Section 9(2) of the Education Act 1944 (schools, other than nursery schools or special schools, established by LEAs to be known as county schools) shall have effect subject to subsection (2) above. (6) Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of the Education Acts as a pupil. (7) In this section “suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have. (8) Schedule 18 to this Act (pupil referral units) shall have effect.
Propose a change(1) Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following sections of this Act: 38 (taken with section 198 of, and Schedule 10 to, the Education Reform Act 1988), 116(3) and (4), 226(1) and 247. (2) Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to a funding authority under or by virtue of section 114 or 225(3) of this Act. (3) Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to a local education authority— (a) under or by virtue of section 114(1)(a), 132(2) or 225(3) of this Act of property which immediately after the transfer is held by the authority for the purposes of a maintained school, or (b) under or by virtue of section 114(2) or 225(3) of this Act of property which immediately after the transfer is held by the authority for the purposes of a new county school. (4) Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to the governing body of a grant-maintained school— (a) under or by virtue of section 114(2) or 225(3) of this Act, or (b) in the case of a school established under section 48(2) or 49 of this Act, from the funding authority. (5) No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsections (1) to (4) above shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
Propose a change(1) The Secretary of State shall publish any guidance given by him for the purposes of any of the provisions mentioned in subsection (2) below in such manner as he thinks fit. (2) Those provisions are sections 28, 48, 49, 96(3), 97(4), 104(2), 105(4) and 184(1) of this Act.
Propose a change(1) Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument. (2) For the purposes of subsection (1) above the excepted provisions are sections 9, 12, 39, 57, 70, 111, 136, 150, 191, 225, 232, 233 and 295, the definition of “Church in Wales school” in section 305 and paragraph 5 of Schedule 4 and paragraph 3 of Schedule 11. (3) A statutory instrument containing any order or regulations under this Act, other than under section 218, 220, 226, 247(5), 248(8) or 308, or paragraph 1(4) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) No regulations shall be made under paragraph 1(4) of Schedule 3 to this Act unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament. (5) Before making any regulations under section 56 of this Act, the Secretary of State shall consult— (a) a body appearing to him to be representative of the Church of England, (b) a body appearing to him to be representative of the Church in Wales, and (c) a body appearing to him to be representative of the Roman Catholic Church, in matters relating to the provision of education in grant-maintained schools having foundation governors. (6) Orders or regulations under this Act made by the Secretary of State, and orders made by the funding authority under section 57, 70 or 136 of this Act or paragraph 5 of Schedule 4 to this Act, may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the person making the order or regulations thinks fit. (7) Section 111 of the Education Act 1944 (revocation and variation) applies to directions given by the funding authority under this Act as it applies to directions given under that Act.
Propose a changeThere shall be paid out of money provided by Parliament— (a) any sums required for the payment by the Secretary of State of grants or other contributions under this Act, (b) any other expenses of the Secretary of State under this Act, and (c) any increase attributable to this Act in the sums so payable under any other enactment.
Propose a change(1) Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of Parts II to IV of this Act is to be read, in relation to the times, circumstances or purposes in relation to which a corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as including a reference to that corresponding provision. (2) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments is to be read, in relation to the times, circumstances or purposes in relation to which a corresponding provision of Parts II to IV of this Act has effect and so far as the nature of the reference permits, as including a reference to that corresponding provision. (3) Any reference in any provision of the Education Acts to a funding authority, in relation to any function which, under a corresponding provision of the repealed enactments, was exercisable by the Secretary of State is to be read, in relation to the times, circumstances or purposes in relation to which the corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as a reference to the Secretary of State. (4) In this section, “the repealed enactments” means the enactments specified in Part I of Schedule 21 to this Act.
Propose a change(1) In section 14(5) of the Further and Higher Education Act 1992 (“school” means an institution providing primary or secondary education, whether or not it also provides further education, etc.) before “further education” there is inserted “ part-time education suitable to the requirements of junior pupils ”. (2) In the definition of “primary school” in section 114(1) of the Education Act 1944 (“primary school” means, subject to regulations under section 1 of the Education Act 1964, a school for providing primary education, whether or not it also provides further education) before “further education” there is inserted “ part-time education suitable to the requirements of junior pupils or ”.
Propose a change(1) In this Act— “alterations”, in relation to any school premises, includes improvements, extensions and additions and “alter” shall be read accordingly, “Church in Wales school” means a school in the Province of Wales in which the religious education provided is provided in accordance with the faith and practice of the Church in Wales and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese, “Church of England school” means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated, “contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996, and “employed” means employed under a contract of employment, “the Education Acts” means the Education Acts 1944 to 1996, “financial year” means a period of twelve months ending with 31st March, “functions” includes powers and duties, “land” includes buildings and other structures, land covered with water, and any interest in land, “liability” includes obligation, “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, “local education authority”— in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and in relation to a grant-maintained school, means the local education authority for the area in which the school is situated, “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital, “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, “prescribed” means prescribed by regulations, “regulations” means regulations made by the Secretary of State, and “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated. (2) References in this Act to an interest in land include any easement, right or charge in, to or over land. (3) This Act shall be construed as one with the Education Act 1944; but where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that Act shall not apply for the purposes of that provision. (4) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority”, the Secretary of State shall consult the bishop for the diocese.
Propose a changeThe expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions. Expression | Relevant provision admission for nursery education (in Part II) | section 155(5) admission to school (in Part II) | section 155(6) alterations | section 305(1) appropriate appointing authority (in Part V) | section 204(2) appropriate authority (in Part V) | section 204(2) appropriate diocesan authority (in relation to a Church of England, Church in Wales or Roman Catholic Church school) | section 305(1) authority responsible for election arrangements under the Education (No. 2) Act 1986 (in Chapter V of Part II) | section 80(2) capital grants | sections 83(1) and 89 the chairmen’s panel (in Part III) | section 177(2) change in character of a school (in Part II) | section 103(1) character of school (in Part II) | section 155(3) child (in Part III) | section 156(5) Church in Wales school | section 305(1) Church of England school | section 305(1) contract of employment | section 305(1) core governor | section 122 and Schedule 8 date of publication of proposals (in Part II) | section 155(7) date of implementation of proposals for acquisition of grant-maintained status | section 37(2) date of implementation of proposals for establishment of new grant-maintained school | section 54 dissolution date (in sections 111 to 116) | section 111(6) education associations | section 218(2) eligible governor (in Part II) | paragraph 4 of Schedule 7 employed, employee, employer | section 305(1) employed to work at a school (in Part II) | section 155(9) employed to work solely at a school (in Part II) | section 155(10) the Education Acts | sectio n 305(1) financial year | section 305(1) first governor (in Part II) | paragraphs 7 and 12 of Schedule 7 foundation governor (in Part II) | paragraphs 8 and 13 of Schedule 7 functions | section 305(1) funding authority | section 5 governing body (during transition to grant-maintained status) | sections 34(2) governing body in liquidation (in sections 111 to 116) | section 111(3) governor of an elected category (in Part II) | paragraph 3 of Schedule 7 grant-maintained school | sections 22(1) and 221(4) grant-maintained school formerly conducted by a governing body in liquidation (in sections 111 to 116) | section 111(5) grant-maintained special school | sections 182(3) and 187(3)(b) grant regulations (in Chapter VI of Part II) | section 81(2) incorporation date (in Part II) | sections 37(5) and 54 incorporation date (in Part III) | section 183(8) and 186(3) initial governor (in Part II) | paragraph 2 of Schedule 7 inspection by a member of the Inspectorate (in Part V) | section 204(2) interest in land | section 305(2) land | section 305(1) the lay panel (in Part III) | section 177(2) learning difficulty | section 156(2) liabilities incurred by a local education authority (in Part II) | section 155(8) liability | section 305(1) local authority | section 305(1) local education authority | section 305(1) maintained school | section 305(1) maintained special school | section 182(2) maintenance grants | sections 81(1) and 87(1) member of the Inspectorate (in Part V) | section 204(2) modifications | section 305(1) new governing body (in Part II) | section 34(2) parent governor (in Part II) | paragraphs 5 and 10 of Schedule 7 pending (in relation to proposals for the acquisition of grant-maintained status published under section 32) | section 32(4) pending (in relation to the procedure for acquisition of grant-maintained status) | section 40(1) premises (in Part II) | section 155(1) prescribed | section 305(1) the President (in Part III) | section 177(2) procedure applicable under the Education (No. 2) Act 1986 (in Chapter V of Part II) | section 80(3) promoters (in Part II) | section 49(1) proposals (in Chapter VII of Part II) | section 103(3) proposals for acquisition of grant-maintained status | section 22(2) proposals for the establishment of a new grant-maintained school | section 22(2) prospectively disqualified (in Chapter V of Part II) | section 80(4) pupil referral unit | section 298(2) the purposes of the school (in Chapter VI of Part II) | section 81(4) reception class (in Part II) | section 155(1) registered, in relation to parents or pupils, etc. (in Part II) | section 155(1) regulations | section 305(1) relevant age group (in Part II) | section 155(4) relevant education | section 12(7) relevant particulars (in relation to a proposed initial governor of a grant-maintained school) | section 37(4) Roman Catholic Church school | section 305(1) school attendance order | section 192(3) school property (in sections 111 to 116) | section 111(4) school which is eligible for grant-maintained status (in Part II) | section 23 schools the governing bodies of which are incorporated under Chapter II of Part II | section 221(5) schools the governing bodies of which are incorporated under Chapter IV of Part II | section 221(7) section 9 inspection (in Part V) | section 204(2) section 105 loan liabilities (in sections 111 to 116) | section 111(7) special educational needs | section 156(1) special educational provision | section 156(4) special measures (in Part V) | section 204(3) special purpose grants | sections 82(1) and 88 special school | section 182(1) sponsor governor (in Part II) | paragraphs 9 and 14 of Schedule 7 teacher governor (in Part II) | paragraphs 6 and 11 of Schedule 7 transfer date (in Part V) | section 220(2) the Tribunal (in Part III) | section 177(1)
Propose a change(1) Schedule 19 to this Act (which makes minor and consequential amendments) shall have effect. (2) Schedule 20 to this Act (which makes transitional provisions and savings) shall have effect. (3) The enactments mentioned in Schedule 21 to this Act are repealed to the extent mentioned in the third column.
Propose a change(1) This Act may be cited as the Education Act 1993. (2) The Education Acts 1944 to 1992 and this Act may be cited together as the Education Acts 1944 to 1993 . . .. (3) This Act (other than sections 240, 301 to 303, 305, 306 and this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions and for different purposes. (4) Subject to subsection (5) below, this Act extends to England and Wales only. (5) The amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
Propose a changeSections 3 and 4. Supplementary powers 1 (1) Subject to sub-paragraph (2) below, a funding authority may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular— (a) acquiring and disposing of land and other property, (b) entering into contracts, (c) investing sums not immediately required for the purpose of the discharge of their functions, and (d) accepting gifts of money, land or other property. (2) A funding authority shall not borrow money. 2 (1) The Secretary of State may authorise a funding authority to purchase compulsorily any land required for the purpose of implementing any proposals under section 48, 49 or 97 of this Act which are required to be implemented. (2) The Acquisition of Land Act 1981 shall apply to compulsory purchase under this paragraph. Tenure of members 3 (1) A person shall hold and vacate office as a member of a funding 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 of a funding authority. 4 If the Secretary of State is satisfied that a member of a funding authority— (a) has been absent from meetings of the authority for a period longer than six consecutive months without the permission of the authority, or (b) is unable or unfit to discharge the functions of a member, the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant. Salaries, allowances and pensions 5 (1) A funding authority— (a) shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine, and (b) 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. (2) If a person ceases to be a member of a funding 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. (3) A funding authority shall pay to the members of any of their committees who are not members of the authority such travelling, subsistence and other allowances 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 6 (1) A funding authority may, with the approval of the Secretary of State as to numbers, appoint such employees as they think fit on such terms and conditions as to remuneration and other matters as the authority may determine. (2) A determination under sub-paragraph (1) above requires the approval of the Secretary of State given with the consent of the Treasury. (3) An employee of a funding authority may not be appointed as a member of the authority, and a member of a funding authority may not be appointed as an employee of the authority. Chief officer 7 (1) One of the employees of a funding authority shall be the chief officer. (2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as to remuneration and other matters as the Secretary of State may with the consent of the Treasury determine. (3) Each subsequent chief officer shall be appointed by the authority with the approval of the Secretary of State. Committees 8 (1) A funding authority may establish a committee for any purpose. (2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the authority. (3) Such a committee may include persons who are not members of the authority. (4) The authority shall keep under review the structure of committees established by them under this paragraph and the scope of each such committee’s activities. Delegation of functions 9 A funding authority may authorise the chairman, the chief officer or any committee established by them under paragraph 8 above to exercise such of their functions as they may determine. Proceedings 10 Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to a funding authority under section 6 of this Act— (a) a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the authority or of any of their committees, and (b) the authority shall provide the Secretary of State with such copies of any documents distributed to members of the authority or of any of their committees as he may require. 11 The validity of any proceedings of a funding authority or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member. 12 Subject to the preceding provisions of this Schedule, a funding authority may regulate their own procedure and that of any of their committees. Application of seal and proof of instruments 13 The application of the seal of a funding authority shall be authenticated by the signature— (a) of the chairman or of some other person authorised either generally or specifically by the authority to act for that purpose, and (b) of one other member. 14 Every document purporting to be an instrument made or issued by or on behalf of a funding authority and to be duly executed under their seal, or to be 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. Accounts 15 (1) It shall be the duty of a funding authority— (a) to keep proper accounts and proper records in relation to the accounts, (b) to prepare in respect of each financial year of the authority a statement of accounts, and (c) to 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, and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament. (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. (4) In this paragraph, “financial year” means the period beginning with the date on which the authority is established and ending with the next following 31st March, and each successive period of twelve months. Status of funding authorities 16 A funding authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the authority shall not be regarded as property of, or property held on behalf of, the Crown.
Propose a changeSection 12 etc. Part I INTRODUCTORY 1 (1) Where an order under section 12 of this Act 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), the proviso tosection 52(1) of the Education Act 1944 and section 111(2) to (6) of the Education Reform Act 1988 (charges) shall not apply; and in this Schedule section 52(1) of the Education Act 1944 and section 111(1) of the Education Reform Act 1988 are referred to as the “existing charging provisions”. Part II FUNCTIONS WHERE RESPONSIBILITY FOR PROVIDING SUFFICIENT SCHOOL PLACES IS SHARED Introductory 2 If an order under section 12(1)(a) of this Act 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 8(1) of the Education Act 1944 (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 48, 97 or 105 of this Act or give notice of proposals under section 183 of this Act. Part III FUNCTIONS WHERE RESPONSIBILITY FOR PROVIDING SUFFICIENT SCHOOL PLACES IS TRANSFERRED Introductory 4 If an order under section 12(1)(b) of this Act 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 8(1) of the Education Act 1944 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 8(2)(c) of that Act (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 8(1) of that Act and (subject to paragraph 7 below) 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 8(2) of that Act (which include separation of primary and secondary education, and 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 7 (1) The local education authority may not exercise the power under section 9 of that Act to establish any school, or to begin to maintain as a county school any school which is not such a school, (in both cases referred to in this paragraph as “the school in question”) unless— (a) under section 14 of the Education Act 1944 or section 12 of the Education Act 1980 their duty to maintain one or more other schools ceases, and (b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools. (2) This paragraph does not apply— (a) to special schools, (b) to nursery schools, (c) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education, or (d) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education. 8 (1) No proposals in respect of any school (referred to in this paragraph as “the school in question”) published under section 13(1)(a) of the Education Act 1980 (proposal that existing or proposed school should be maintained as a voluntary school) may be implemented unless— (a) under section 14 of the Education Act 1944 or section 12 of the Education Act 1980 the duty of the local education authority to maintain one or more other schools ceases, and (b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools. (2) This paragraph does not apply— (a) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education, or (b) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education. 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 168 of this Act. 10 (1) This paragraph applies where 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. (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, (but in any of those cases paragraph 9(3) above does not apply) 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 (but in any of those cases paragraph 9(3) above does not apply)— (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 (but paragraph 9(3) above does not apply)— (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 desirable for the pupil to be provided with board and lodging and 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 desirable for the pupil to be provided with education otherwise than in a maintained or grant-maintained school and 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 168 of this Act. 11 (1) Where a pupil in the area for whom a statement is maintained under section 168 of this Act 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 by the funding authority or another local education authority or 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 III of this Act. 12 (1) Where a pupil in the area for whom a statement is maintained under section 168 of this Act 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 by the funding authority or another local education authority or 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 III of this Act. General 13 (1) The following provisions shall not apply— (a) sections 50 and 52 of the Education Act 1944 (power of LEA to provide board and lodging otherwise than at school and recovery of charges from parents), (b) section 6(2)(a)(ii) of the Education (Miscellaneous Provisions) Act 1953 (payment by LEA of fees and boarding charges where pupil attends non-maintained school because of shortage of places in maintained and grant-maintained schools), and (c) section 111 of the Education Reform Act 1988 (charges and remission of charges for board and lodging 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 193 of this Act shall have effect as if for subsection (5) there were substituted— (5) If— (a) within the period mentioned in subsection (3) above, 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, 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 2 to this Act 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 Schedule 2 to this Act, that school shall be named in the order. (2) Section 195 of this Act 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 2 to this Act 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 Schedule 2 to this Act, 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 12(1)(a) or (b) of this Act 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 48 of this Act 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 97 of this Act 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 105 of this Act in respect of any grant-maintained secondary school, and (c) no direction may be given under section 151(2) of this Act 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 97 of this Act 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 105 of this Act in respect of any grant-maintained primary school, and (c) no direction may be given under section 151(2) of this Act to the governing body of any grant-maintained primary school. 18 The funding authority shall not by virtue of paragraph 3 or 5 of this Schedule be under any duty in respect of junior pupils who have not attained the age of five years. Boarding schools 19 The powers of the funding authority to publish proposals under sections 48 and 97 of this Act or to give notice of proposals under section 183 of this Act may, in particular, be so exercised as to secure the provision of boarding accommodation at boarding schools. Other modifications of Part II 20 Section 96 of this Act 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 104 of this Act 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 109 of this Act shall have effect as if— (a) subsection (1)(a) were omitted, and (b) the funding authority were among the persons required to be consulted under subsection (5)(b). 23 Section 149(4) of this Act shall have effect as if the reference to the Secretary of State were to the funding authority.
Propose a changeSections 32 and 50. 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 32 of this Act, 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 ten 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) below). (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 II of this Act 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) below, (f) state where the proposals may be inspected, and (g) explain the effect of paragraph 5 below. (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) above) 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. Statement to be annexed to proposals 2 (1) There shall be annexed to any proposals published under section 32 of this Act 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 32 of this Act and of paragraph 1 above as forming part of the proposals. Statement to accompany published proposals 3 Any proposals published under section 32 of this Act shall be accompanied by a statement which shall— (a) describe the requirements of Part II of this Act 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 71 or 73 of this Act, or regulations made by virtue of section 77 of this Act, as a proposed initial governor may be replaced under section 74 or 75 of this Act or the regulations, (d) explain the procedure applicable under Part II of this Act 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 II of this Act in any such case, (f) explain the effect of paragraph 5 below, and (g) give such other information as may be prescribed. Details of proposals 4 (1) Any proposals published under section 32 of this Act 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 66 of this Act), (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 60 to 65 of this Act), (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 71 or 73 of this Act, or regulations made by virtue of section 77 of this Act, 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) above, (g) give the name under which it is proposed that the governing body should be incorporated under section 34 of this Act, 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) above, 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 32 of this Act, 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 32 of this Act if sub-paragraph (2) or (3) below applies. (2) This sub-paragraph applies if an election or appointment required by section 71(7) of this Act 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 71(7) of this Act. Part II PROPOSALS FOR ESTABLISHMENT OF NEW GRANT-MAINTAINED SCHOOL Content of proposals 7 (1) Proposals published under section 48 or 49 of this Act 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 66 of this Act), (b) specify the number of initial first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 63 to 65 of this Act), (c) specify the number of parent and teacher governors proposed for the governing body (in accordance with sections 60 and 61 of this Act), (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 52 of this Act, 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 48 or 49 of this Act a statement briefly describing the intended character of the proposed school including, in the case of proposals published under section 49 of this Act 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 48 or 49 of this Act shall be accompanied by a statement explaining the effect of paragraph 10 or (as the case may be) paragraph 11 below. Objections 10 (1) Within the period of two months beginning with the date of publication of any proposals under section 48 of this Act, objections to the proposals may be submitted to the funding authority by any of the following— (a) 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, the appropriate further education funding council, (b) any ten or more local government electors for the area, (c) the governing body of any school affected by the proposals, and (d) any local education authority concerned. (2) Within one month after the end of the period referred to in sub-paragraph (1) above, 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 the period allowed under that sub-paragraph, together with their observations on them. 11 Within the period of two months beginning with the date of publication of any proposals under section 49 of this Act, objections to the proposals may be submitted to the Secretary of State by any of the following— (a) 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, the appropriate further education funding council, (b) the funding authority, (except, in relation to Wales, before the Schools Funding Council for Wales begin to exercise their functions), (c) any ten or more local government electors for the area, (d) the governing body of any school affected by the proposals, 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 48 of this Act, the funding authority shall prepare the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below. (2) Where proposals for the establishment of a new grant-maintained school are published under section 49 of this Act, the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below 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 49 of this Act, as the funding authority may require. (4) The particulars prepared or submitted under sub-paragraph (3)(a) above 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.
Propose a changeSection 35. Introductory 1 The functions conferred by or under paragraphs 2 to 5 below 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 below, 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) below as may be prescribed, the existing governing body or, as the case may be, 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) above 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) above 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 so specified 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 above 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.
Propose a changeSections 55 and 117. 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 below, 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 below, 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) below 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) below applies— (a) subject to paragraph (b) below, 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 67(2) of this Act 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 64 of this Act 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 or 6 above or 10 below 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 above or any provision made by virtue of paragraph 4 above, 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 65(7)(b) of this Act. 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) below. (2) In the case of a governing body incorporated under Chapter II— (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 71, or elected or nominated under section 74, of this Act 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, 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 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) above 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 5(1) of Schedule 6 to this Act 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) above if— (a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and (b) he does not have, or 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. Allowances for governors 14 (1) The governing body of a school may pay to their members such travelling, subsistence or other allowances as may be determined in accordance with a scheme made by the governing body and approved by the Secretary of State. (2) A scheme under this paragraph may be varied or revoked by a subsequent scheme made under this paragraph. Seal etc. 15 (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.
Propose a changeSections 55 and 117. 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 purpose 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. Admission and exclusion of pupils 4 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. 5 (1) The articles must include provision as to 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. 6 The articles must 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, and any further arrangements made by them in respect of appeals by parents against any such decision or action as is mentioned in paragraph 5(1) above, in relation to the admission of pupils to the school. Curriculum 7 (1) The articles must include provision for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapter I of Part I of the Education Reform Act 1988 (the curriculum). (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. Annual reports 8 (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 9 (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.
Propose a changeSection 59. 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 II of this Act. (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 within the meaning of the Education (No. 2) Act 1986 or 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, “parent governor” means— (a) a person who, immediately before the incorporation date in relation to the school, is a parent governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or (b) a person elected or appointed under section 71, or elected, appointed or nominated under section 74, of this Act to hold office as an initial parent governor on the governing body. (2) A person elected under section 71 of this Act 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 himself when he is elected or appointed be such a parent. (3) A person elected, appointed or nominated under section 74 of this Act 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 himself 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, “teacher governor” means— (a) a person who, immediately before the incorporation date in relation to the school, is a teacher governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or (b) a person elected under section 71, or elected or nominated under section 74, of this Act to hold office as an initial teacher governor on the governing body. (2) A person elected under section 71 of this Act to hold office as an initial teacher governor must be elected by teachers at the school and must himself when he is elected be such a teacher. (3) A person elected or nominated under section 74 of this Act 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 himself 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, “first governor” means a person who is selected under section 73(1), or nominated under section 75(1), of this Act 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, “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, “foundation governor” means a person who— (a) is selected under section 73(2), or nominated under section 75(2), of this Act, (b) where the statement annexed under paragraph 2 of Schedule 3 to this Act to the proposals for acquisition of grant-maintained status describes the religious character of the school, is appointed for the purpose of securing that (subject to the approval or adoption under section 98 of this Act 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, 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, “foundation governor” means a person who— (a) is appointed by the promoters, (b) where the statement annexed under paragraph 8 of Schedule 3 to this Act to the proposals for the establishment of a new grant-maintained school describes the religious character of the school, is appointed for the purpose of securing that (subject to the approval or adoption under section 98 of this Act 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, 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, “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 60(3) of this Act, (c) is appointed by virtue of section 60(6) of this Act, or (d) is an initial parent governor. (2) To qualify for such election, the person must himself 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 61(4) of this Act, or (c) is an initial teacher governor. (2) To qualify for such election, the person must himself 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 64 of this Act 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 education authority or the funding authority, (b) where paragraph 8(1)(b) or (2)(b) above 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.
Propose a changeSection 122. 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 49 of this Act, 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) above 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) above 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 II of this Act) 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 49 schools 3 (1) This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b) above. (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) above. (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) above. 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) above. (2) If any school in the group falls within paragraph 2(2)(a) above, 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) above “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) above, 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) above). (6) The number of core governors must be such number, not being— (a) less than five, or (b) subject to paragraph (a) above, 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) above.
Propose a changeSection 167. Introductory 1 In this Schedule, “assessment” means an assessment of a child’s educational needs under section 167 of this Act. Medical and other advice 2 (1) Regulations shall make provision as to the advice which a local education authority are to seek in making assessments. (2) Without prejudice to the generality of sub-paragraph (1) above, the regulations shall, except in such circumstances as may be prescribed, require the authority 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 education authority, where, after conducting an assessment under section 167 of this Act of the educational needs of a child for whom a statement is maintained under section 168 of this Act, they determine not to amend the statement, to serve on the parent of the child 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) above does not apply to a determination made following the service of notice under paragraph 10 of Schedule 10 to this Act of a proposal to amend the statement. (3) Regulations may provide that, where a local education authority are under a duty to make an assessment, the duty must, subject to prescribed exceptions, be performed within the prescribed period. (4) Such provision shall not relieve the authority of the duty to make an assessment which has not been performed within that period. Attendance at examinations 4 (1) Where a local education authority propose 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 above 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.
Propose a changeSection 168. Introductory 1 In this Schedule, “statement” means a statement of a child’s special educational needs under section 168 of this Act. Copy of proposed statement 2 Before making a statement, a local education authority shall serve on the parent of the child concerned— (a) a copy of the proposed statement, and (b) a written notice explaining the arrangements under paragraph 3 below, the effect of paragraph 4 below and the right to appeal under section 170 of this Act and containing such other information as may be prescribed, but the copy of the proposed statement shall not specify any matter in pursuance of section 168(4) of this Act or any prescribed matter. Choice of school 3 (1) Every local education authority shall make arrangements for enabling a parent on whom a copy of a proposed statement has been served under paragraph 2 above to express a preference as to the maintained, grant-maintained or grant-maintained special 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 fifteen days beginning— (a) with the date on which the written notice mentioned in paragraph 2(b) above was served on the parent, or (b) if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2) below, with the date fixed for that meeting (or the last of those meetings). (3) Where a local education 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) A local education authority shall, before specifying the name of any maintained, grant-maintained or grant-maintained special school in a statement, consult the governing body of the school and, if the school is maintained by another local education authority, that authority. Representations 4 (1) A parent on whom a copy of a proposed statement has been served under paragraph 2 above may— (a) make representations (or further representations) to the local education authority about the content of the statement, and (b) require the authority to arrange a meeting between him and an officer of the authority at which the statement can be discussed. (2) Where a parent, having attended a meeting arranged by a local education authority under sub-paragraph (1)(b) above, 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) above must be made within the period of fifteen days beginning— (a) with the date on which the written notice mentioned in paragraph 2(b) above was served on the parent, or (b) if a meeting has (or meetings have) been arranged under sub-paragraph (1)(b) or (2) above, with the date fixed for that meeting (or the last of those meetings). (5) A requirement under sub-paragraph (1)(b) above must be made within the period of fifteen days beginning with the date on which the written notice mentioned in paragraph 2(b) above was served on the parent. (6) A requirement under sub-paragraph (2) above must be made within the period of fifteen days beginning with the date fixed for the meeting arranged under sub-paragraph (1)(b) above. Making the statement 5 (1) Where representations are made to a local education authority under paragraph 4(1)(a) above, the authority shall not make the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 above for making requirements or further representations has expired. (2) The statement 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. (3) Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty, or any step required to be taken for performance of the duty, 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 Where a local education authority make a statement they shall serve a copy of the statement on the parent of the child concerned and shall give notice in writing to him— (a) of his right under section 170(1) of this Act to appeal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact, and (b) of the name of the person to whom he may apply for information and advice about the child’s special educational needs. 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 education 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 III of this Act to have effect as if the duty to maintain the transferred statement were their duty. Change of named school 8 (1) Sub-paragraph (2) below 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 education authority to substitute for that name the name of a maintained, grant-maintained or grant-maintained special school specified by the parent, and (b) the request is not made less than twelve months after— (i) a request under this paragraph, (ii) the service of a copy of the statement under paragraph 6 above, (iii) if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b) below, or (iv) if the parent has appealed to the Tribunal under section 170 of this Act or this paragraph, the date when the appeal is concluded, whichever is the later. (2) The local education 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 education authority determine not to comply with the request— (a) they shall give notice of that fact and of the effect of paragraph (b) below to the parent of the child, and (b) the parent of the child may appeal to the Tribunal against the determination. (4) On the appeal the Tribunal may— (a) dismiss the appeal, or (b) order the local education 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 education 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 education authority may not amend, or cease to maintain, a statement except in accordance with paragraph 10 or 11 below. (2) Sub-paragraph (1) above does not apply where the local education authority— (a) cease to maintain a statement for a child who has ceased to be a child for whom they are responsible, (b) amend a statement in pursuance of paragraph 8 above, (c) are ordered to cease to maintain a statement under section 170(3)(c) of this Act, or (d) amend a statement in pursuance of directions under section 197 of this Act. 10 (1) Before amending a statement, a local education authority shall serve on the parent of the child concerned a notice informing him— (a) of their proposal, and (b) of his right to make representations under sub-paragraph (2) below. (2) A parent on whom a notice has been served under sub-paragraph (1) above may, within the period of fifteen days beginning with the date on which the notice is served, make representations to the local education authority about their proposal. (3) The local education authority— (a) shall consider any representations made to them under sub-paragraph (2) above, and (b) on taking a decision on the proposal to which the representations relate, shall give notice in writing to the parent of their decision. (4) Where a local education authority make an amendment under this paragraph to the description in a statement of the authority’s assessment of a child’s special educational needs or to the special educational provision specified in a statement, they shall give notice in writing to the parent of his right under section 170(1) of this Act to appeal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact. (5) A local education authority may only amend a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (1) above. 11 (1) A local education authority may cease to maintain a statement only if it is no longer necessary to maintain it. (2) Where the local education authority determine to cease to maintain a statement— (a) they shall give notice of that fact and of the effect of paragraph (b) below to the parent of the child, and (b) the parent of the child may appeal to the Tribunal against the determination. (3) On an appeal under this paragraph the Tribunal may— (a) dismiss the appeal, or (b) order the local education authority to continue to maintain the statement in its existing form or with such amendments of the description in the statement of the authority’s assessment of the child’s special educational needs or 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 to the Tribunal under this paragraph, a local education 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) above.
Propose a changeSection 182. 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 (to be known as the instrument of government) providing for the constitution of the governing body, and (b) an instrument (to be 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 III of this Act, and (b) may make any provision authorised by or under that Part 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 183(3)(a) or 186 of this Act but, in the case of a governing body incorporated in pursuance of proposals made under section 183(3)(a) of this Act, 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) above— (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 the governing bodies of grant-maintained special schools or any class of such schools specified in the direction or 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) below, 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 himself 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) above 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) above— (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 himself 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) below 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 Chapter I of Part V of this Act, 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 210 of this 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 Part have the same meaning as in that Part. (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) above 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) above 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 68 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 above 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 183(3)(a) or 186 of this Act or any school conducted or formerly conducted by such a governing body, regulations may provide for any provision of— (a) Schedules 5 and 6 to this Act, (b) Chapters VI, VII, VIII and X of Part II of this Act, and (c) any other enactment (not contained in Part II of this Act) relating to grant-maintained schools or maintained special schools (or schools including such schools), to have effect with or without modification.
Propose a change