School Standards and Framework Act 1998
1998 c. 31
An Act to make new provision with respect to school education and the provision of nursery education otherwise than at school; to enable arrangements to be made for the provision of further education for young persons partly at schools and partly at further education institutions; to make provision with respect to the Education Assets Board; and for connected purposes.
[24th July 1998]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) The Secretary of State shall by regulations—
(a) impose a limit on class sizes for infant classes at maintained schools; and
(b) specify the school years in relation to which any such limit is to have effect.
(2) Any limit imposed under this section shall specify the maximum number of pupils that a class to which the limit applies may contain while an ordinary teaching session is conducted by a single school teacher.
(3) Subject to subsections (4) and (5), regulations under this section shall be so framed that—
(a) the maximum number specified in pursuance of subsection (2) is 30, and
(b) that limit has effect in relation to the 2001-02 school year and any subsequent year.
(4) Regulations under this section may—
(a) provide for any limit imposed under this section to take effect—
(i) at the same time in the case of each of the age groups into which the pupils in infant classes fall, or
(ii) at different times (which may be earlier than the beginning of the school year mentioned in subsection (3)) in the case of different such age groups;
(b) provide that, in any circumstances specified in the regulations, any such limit either is not to apply or is to operate in such manner as is so specified.
(5) The Secretary of State may by order amend subsection (3)—
(a) by substituting for “30” such other number as is specified in the order; or
(b) by substituting for the reference to the 2001-02 school year a reference to such other school year as is so specified.
(6) Where any limit imposed under this section applies to an infant class at a maintained school, the local authority and the governing body shall exercise their functions with a view to securing that that limit is complied with in relation to that class.
3 Payment of grant in connection with reductions in infant class sizes.
(1) Regulations shall make provision for the payment by the Secretary of State of grants to local authorities in respect of expenditure incurred or to be incurred by them for the purpose of securing that any limit imposed under section 1 is complied with in relation to infant classes at schools maintained by them.
(2) Regulations under this section shall provide for the Secretary of State—
(a) to withhold grants under the regulations from a local authority where no proposed arrangements by that authority have been approved by him under section 2; and
(b) when determining whether any grant (and, if so, what amount) should be paid by him under the regulations to a local authority, to have regard to their proposed arrangements as so approved.
(3) Regulations under this section may provide—
(a) for the payment of grant under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and
(b) for requiring local authorities to whom payments have been made under the regulations to comply with such requirements as may be so determined.
In this Chapter—
“class” means a group in which pupils are taught in an ordinary teaching session;
“infant class” means a class containing pupils the majority of whom will attain the age of five, six or seven during the course of the school year;
“ordinary teaching session” does not include a school assembly or other school activity usually conducted with large groups of pupils;
“school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers’ pay and conditions)
8 Reserve power of Secretary of State to secure proper performance of local authority's functions.
After section 497 of the Education Act 1996 there shall be inserted—
Power to secure proper performance of LEA’s functions.
497A (1) This section applies to a local education authority’s functions (of whatever nature) which relate to the provision of education—
(a) for persons of compulsory school age (whether at school or otherwise), or
(b) for persons of any age above or below that age who are registered as pupils at schools maintained by the authority.
(2) If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a local education authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection (3) or (4).
(3) The Secretary of State may under this subsection direct an officer of the authority to secure that that function is performed in such a way as to achieve such objectives as are specified in the direction.
(4) The Secretary of State may under this subsection give an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function—
(a) is performed, on behalf of the authority and at their expense, by such person as is specified in the direction, and
(b) is so performed in such a way as to achieve such objectives as are so specified;
and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.
(5) Where the Secretary of State considers it expedient that the person specified in directions under subsection (4) should perform other functions to which this section applies in addition to the function to which subsection (2) applies, the directions under subsection (4) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person should perform any such additional functions, the Secretary of State may have regard to financial considerations.
(6) Any direction under this section may either—
(a) have effect for an indefinite period until revoked by the Secretary of State, or
(b) have effect until any objectives specified in the direction have been achieved (as determined in accordance with the direction).
(7) Any direction given under subsection (3) or (4) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.
Power to secure proper performance: further provisions.
497B (1) Where the Secretary of State gives directions under section 497A(4) to an officer of a local education authority, the person specified in those directions shall, in the performance of the function or functions specified in the directions, be entitled to exercise the powers conferred by this section.
(2) The specified person shall have at all reasonable times—
(a) a right of entry to the premises of the authority, and
(b) a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the performance of the specified function or functions.
(3) In exercising the right to inspect records or other documents under subsection (2), the specified person—
(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and
(b) may require—
(i) the person by whom or on whose behalf the computer is or has been so used, or
(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).
(4) Without prejudice to subsection (2), the authority shall give the specified person all assistance in connection with the performance of the specified function or functions which they are reasonably able to give.
(5) Subsection (2) shall apply in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—
(a) the governing body of any such school shall give the specified person all assistance in connection with the exercise of his functions which they are reasonably able to give; and
(b) the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.
(6) Any reference in this section to the specified person includes a reference to any person assisting him in the performance of the specified function or functions.
(7) In this section “document” and “records” each include information recorded in any form.
9 Education committees to include representatives of parent governors.
At the end of section 499 of the Education Act 1996 (power of Secretary of State to direct appointment of members of education committees) there shall be added—
(6) Regulations may require—
(a) any such committee as is mentioned in subsection (1) or (3), and
(b) any sub-committee appointed by any authorities within subsection (1) or (3), or by any committee within paragraph (a) of this subsection, for the purpose mentioned in subsection (5)(b),
to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in relation to which the committee or sub-committee acts.
(7) Regulations may make provision for—
(a) the number of persons who are to be elected for the purposes of subsection (6) in the case of any local education authority;
(b) the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election;
(c) the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected;
(d) the term of office of persons so elected and their voting rights;
(e) the application to any such committee or sub-committee, with or without any modification, of any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority;
(f) such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
(8) Regulations may also make provision—
(a) enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in relation to which a committee or sub-committee acts, that the requirement imposed on the committee or sub-committee by virtue of subsection (6) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools;
(b) for any regulations under subsection (7) to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
(9) In subsections (6) and (8) “maintained school” and “parent governor” have the same meaning as in the School Standards and Framework Act 1998.
(1) If the Secretary of State considers that it is expedient to do so with a view to improving standards in the provision of education at any particular eligible schools, he may by order provide for those schools to constitute collectively an education action zone for the purposes of this Chapter.
(1A) For the purposes of subsection (1) “eligible school” means—
(a) a maintained school;
(b) a nursery school;
(c) a pupil referral unit; or
(d) an independent school.
(2) An education action zone shall be established in the first instance for three years; but the Secretary of State may, by an order made before the end of that period, provide for the zone to continue in existence for a further two years.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) No order shall be made by the Secretary of State under subsection (1) or (2) except on an application made for the purpose with the consent of the governing body of every school which it is proposed should be a participating school.
(5) Any school which ceases to be a participating school by virtue of subsection (2) may nevertheless be included in a further order under subsection (1).
(6) In this Chapter—
(a) references to a governing body—
(i) in relation to an independent school (other than an Academy, city technology college or city college for the technology of the arts), are to the proprietor of the school, and
(ii) in relation to a new school, include the temporary governing body of the school;
(b) “participating school”, in relation to an education action zone, means one of the schools that—
(i) for the time being is included in the order under subsection (1), or
(ii) has been added to the zone by virtue of section 11B,
other than a school that has been removed from the zone in accordance with section 11C;
(c) “pupil referral unit” has the same meaning as in section 19 of the Education Act 1996 (c. 56);
(d) “new school” has the meaning given in section 72(3).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Unless the Secretary of State by order otherwise provides, nothing in this Chapter applies in relation to Wales.
11 Establishment of Education Action Forum for zone.
(1) An order establishing an education action zone under section 10(1) shall provide for the establishment of an Education Action Forum for the zone.
(2) An Education Action Forum shall be a body corporate ... .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Schedule 1 has effect in relation to an Education Action Forum.
(5) The Forum established for an education action zone shall be dissolved by order of the Secretary of State with effect from the time when the zone ceases to exist in accordance with section 10(2).
(6) An order under subsection (5) may make provision for the transfer of property, staff, rights and liabilities of the Forum and for the preparation of a final statement of accounts.
(1) The members of an Education Action Forum must include—
(a) one person appointed by the governing body of each of the participating schools, unless the governing body of any such school choose not to make such an appointment, and
(b) one or two persons appointed by the Secretary of State, unless he chooses not to make such appointments.
(2) Subject to that, an Education Action Forum—
(a) shall initially be constituted in accordance with the order under section 10(1), and
(b) may subsequently alter its membership (as set out in that order or as previously altered under this paragraph).
(3) In subsection (2) the references to altering the Forum’s membership include—
(a) altering the number of members, and
(b) altering who may appoint members.
(4) An alteration may be made under subsection (2)(b) only if it is made—
(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and
(b) with the consent of the Secretary of State.
(1) An Education Action Forum established for an education action zone may add—
(a) any eligible school (within the meaning of section 10(1A)), or
(b) any new school which has a temporary governing body,
to the zone.
(2) But a school may be added under this section only if it is added—
(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and
(b) with the consent of the governing body of the school and of the Secretary of State.
(3) For the purposes of this section references to a school being added to an education action zone are to it becoming one of the schools which constitute collectively the zone.
(1) An Education Action Forum established for an education action zone may remove a participating school from the zone.
(2) But a school may be removed under this section only if it is removed—
(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and
(b) with the consent of the Secretary of State.
(3) For the purposes of this section references to a school being removed from an education action zone are to it ceasing to be one of the schools which constitute collectively the zone.
(1) An Education Action Forum established for an education action zone must provide the Secretary of State with details of—
(a) any alteration made to its constitution under section 11A(2)(b),
(b) any addition of a school to the zone under section 11B, and
(c) any removal of a school from the zone under section 11C.
(2) The Forum must also, on a request being made by any person, provide him with—
(a) the name of each member of the Forum and of the person or body that appointed him,
(b) the name of any other person or body entitled to appoint a member, and
(c) the name of each participating school in relation to the zone.
(3) But the duty under subsection (2) is subject, in such circumstances as the Forum may determine, to the payment by the person concerned of a reasonable fee determined by the Forum.
(1) An Education Action Forum shall have as its main object the improvement of standards in the provision of education at each of the participating schools.
(1A) With the consent of the Secretary of State, a Forum may also carry on any other activities which it considers will promote the provision of, or access to, education whether in a participating school or otherwise.
(2) A Forum may, under arrangements made by the governing body of a participating school in respect of any prescribed function of that body relating to the conduct of the school, either—
(a) discharge that function on behalf of the governing body until such time as they may specify in a request to the Forum to cease discharging the function on their behalf; or
(b) assume full responsibility for the discharge of that function during the whole of the period for which the Forum remains in existence.
(3) Regulations may make provision—
(a) as to the circumstances in which the governing body of a participating school may make arrangements under subsection (2);
(b) for the procedure to be followed by such a governing body in connection with the making of any such arrangements;
(c) for the procedure to be followed by an Education Action Forum when discharging any function by virtue of that subsection;
(d) for statutory provisions relating to governing bodies of maintained schools to apply, with any prescribed modifications, to an Education Action Forum when discharging any function by virtue of paragraph (b) of that subsection.
(4) Regulations may, in relation to the discharge by an Education Action Forum of any function of a governing body under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections, make any such provision as may be made by an order under section 81 (application of employment law during financial delegation).
(5) The Secretary of State may by a direction provide for any scheme under Chapter IV of Part II of this Act which relates to a participating school to have effect with such modifications as he considers appropriate in a case where an Education Action Forum is discharging any function in relation to the school by virtue of subsection (2)(b).
(6) Before giving a direction under subsection (5) the Secretary of State shall consult the local authority.
13 Disapplication of pay and conditions order in relation to teachers at participating schools.
For section 3 of the School Teachers’ Pay and Conditions Act 1991 there shall be substituted—
Special provisions as to schools in education action zones.
3 (1) A pay and conditions order shall not apply to the statutory conditions of employment of the school teachers in a participating school the governing body of which—
(a) have, by notice to the Secretary of State, made an application for exemption; and
(b) pursuant to that application are for the time being exempted from subsections (6) and (7) of section 2 above by virtue of an order under subsection (4) below.
(2) Before making an application under subsection (1) above, the governing body of the participating school concerned shall consult the school teachers employed at the school with respect to the proposed application.
(3) A notice of application under subsection (1) above shall specify a date, at least three months after the date of the notice, with effect from which the governing body of the participating school concerned intend to make their own provision as to the statutory conditions of employment of the school teachers employed at the school.
(4) On receipt of a notice of application under subsection (1) above the Secretary of State may, by statutory instrument, make an order—
(a) naming the school; and
(b) specifying, as the date with effect from which, by virtue of the order, subsections (6) and (7) of section 2 above are not to apply, the date specified in the notice of application or such other date as may be agreed between the governing body and the Secretary of State.
(5) Where by virtue of an order under subsection (4) above a pay and conditions order ceases to apply in relation to any school, the statutory conditions of employment of the school teachers employed at the school shall be—
(a) such as may be determined by the governing body, or
(b) so far as the governing body have not made any determination with respect to any such conditions of employment, those having effect under the order immediately before it ceased to apply;
and (so far as necessary) the local education authority shall give effect to any such determination of the governing body.
(6) In this section “participating school” means one of the schools for the time being included in an order under section 10(1) of the School Standards and Framework Act 1998 establishing an education action zone.
(1) Schools maintained by local authorities on or after the appointed day shall be divided into the following categories—
(a) community schools;
(b) foundation schools;
(c) voluntary schools, comprising—
(i) voluntary aided schools, and
(ii) voluntary controlled schools;
(d) community special schools; and
(e) foundation special schools.
(2) A school maintained by a local authority is a school falling within one of the categories set out in subsection (1) if—
(a) it became a school of that category on the appointed day in accordance with Schedule 2 (and has not changed its category under the change of category provisions); or
(b) it was established as a school of that category under any enactment (and has not changed its category under the change of category provisions); or
(c) it has become a school of that category in accordance with the change of category provisions.
(2A) In subsection (2) “the change of category provisions” means—
(a) in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and
(b) in the case of a school in Wales, Schedule 8 to this Act or sections 45 to 55 of, and Schedule 4 to, the School Standards and Organisation (Wales) Act 2013.
(3) Schedule 2 makes provision for, and in connection with, the allocation to the categories set out in subsection (1) of schools which immediately before the appointed day were (within the meaning of the Education Act 1996)—
(a) county, voluntary or maintained special schools, or
(b) grant-maintained or grant-maintained special schools.
(4) As from the appointed day a local authority shall maintain (as a school falling within one of those categories)—
(a) any school within subsection (3)(a) which was maintained by the authority immediately before that day; and
(b) (subject to subsection (5)) any school within subsection (3)(b) which immediately before that day was situated within the authority’s area.
(5) Where a grant-maintained school within subsection (3)(b)—
(a) was, immediately before becoming such a school, maintained by a local authority (“the former maintaining authority”) other than the one within whose area it was then situated, and
(b) remains outside the area of the former maintaining authority immediately before the appointed day,
nevertheless, if an order made by the Secretary of State before that day so provides, as from that day the school shall be maintained (as a school falling within one of the categories set out in subsection (1)) by the former maintaining authority rather than the authority in whose area it is situated on that day.
(6) In this section “school” means a primary, secondary or special school, including a nursery school which is a special school but excluding—
(a) a nursery school which is not a special school; and
(b) a pupil referral unit.
(7) In this Act—
“the appointed day” (except in Part I of Schedule 32) means such day as may be appointed for the purposes of this section by an order made by the Secretary of State;
“maintained school” means (unless the context otherwise requires) a community, foundation or voluntary school or a community or foundation special school.
(8) Any reference in this Act to the categories set out in subsection (1) or to any such category is to be read, in its application to voluntary schools, as (or as including) a reference to the sub-categories set out in subsection (1)(c)(i) and (ii) or to any such sub-category.
21 Kinds of foundation and voluntary schools and types of foundations.
(1) There may be three kinds of foundation school—
(a) those having a foundation established otherwise than under this Act;
(b) those belonging to a group of schools for which a foundation body acts under this section; and
(c) those not falling within either of paragraphs (a) and (b).
(2) There may be three kinds of voluntary controlled or voluntary aided school—
(a) those having a foundation established otherwise than under this Act;
(b) those belonging to a group of schools for which a foundation body acts under this section; and
(c) those not falling within either of paragraphs (a) and (b) but having been either of the following immediately before the appointed day, namely—
(i) a voluntary school, or
(ii) a grant-maintained school that was a voluntary school immediately before becoming grant-maintained,
within the meaning of the Education Act 1996.
(3) For the purposes of this Act—
(a) “foundation”, in relation to a foundation or voluntary school, means—
(i) any body of persons (whether incorporated or not but excluding the governing body) which holds land on trust for the purposes of the school, or
(ii) a foundation body;
(b) a school “has” a foundation if—
(i) such a body of persons exists for holding land on trust for the purposes of the school, or
(ii) the school belongs to a group of schools for which a foundation body acts under this section; and
(c) references to land or other property held on trust, or by trustees, for the purposes of a school include references to land or other property which—
(i) is held on trust for purposes which (whether the trust deed expressly so provides or not) include the purposes of the school, and
(ii) is used for the purposes of the school.
(4) For the purposes of this Act—
(a) “foundation body” means a body corporate established under this section to perform, in relation to three or more schools each of which is either a foundation or a voluntary school, the following functions, namely—
(i) to hold property of those schools for the purposes of the schools, and
(ii) to appoint foundation governors for those schools; and
(b) “the group”, in relation to a foundation body, means the group of three or more schools for which the body performs those functions.
(5) The Secretary of State may by regulations make provision for and in connection with—
(a) the establishment, membership, functions and winding up of a foundation body, and
(b) the steps to be taken in connection with schools joining or leaving the group.
(6) Regulations under subsection (5) may, in particular, make provision—
(a) with respect to the transfer of property, rights and liabilities to and from a foundation body when schools join or leave the group but do not change category ... under section 19 of the Education and Inspections Act 2006 or in accordance with proposals made under section 45 of the School Standards and Organisation (Wales) Act 2013;
(b) with respect to the revision or replacement of the instruments of government of schools joining or leaving the group in such circumstances and the reconstitution of their governing bodies;
(c) authorising a foundation body to appoint foundation governors to every school in the group;
(d) prescribing a model instrument of government for adoption by a foundation body subject to variations approved by the Secretary of State;
(e) for conferring functions with respect to the resolution of disputes—
(i) between schools in the group, or
(ii) between one or more such schools and a foundation body,
on such person or body as may be specified in the regulations;
(f) in connection with a school leaving the group—
(i) for requiring the publication of proposals ... under section 19 of the Education and Inspections Act 2006 or under section 48 of the School Standards and Organisation (Wales) Act 2013;
(ii) for enabling the Secretary of State to require the publication under either of those sections of proposals for the school to become a school of a category specified by him;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) for the dissolution of a foundation body by order of the Secretary of State;
(h) for enabling the Secretary of State, in the case of any land held by a foundation body immediately before its dissolution which by virtue of this Act could not be disposed of without his consent or to the disposal of which paragraph A9 of Schedule 22 would apply, to determine how that land is to be dealt with on its dissolution;
(i) for conferring functions on ... adjudicators including any functions which might otherwise be conferred on the Secretary of State.
(7) Regulations made in pursuance of subsection (6)(b) may, in connection with the making or variation of instruments of government in preparation for schools joining or leaving the group, modify paragraph 1 of Schedule 12 in its operation in relation to such instruments of government.
(8) The Secretary of State may, after consulting a foundation body, make an order modifying the instrument of government adopted by that body.
(9) Regulations may make provision for applying to foundation special schools, with or without modifications—
(a) any of the provisions of subsections (3) to (8); or
(b) any provision of Schedule 21 to this Act (transfers of land on appointed day).
(1) A local authority are under a duty to maintain the following schools—
(a) any maintained schools which they are required to maintain by virtue of section 20(4) or (5);
(b) any maintained schools established by them...;
(c) any maintained schools established in their area... otherwise than by them or any other local authority; and
(d) any maintained nursery school established by them.
(2) Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.
(3) In the case of a community school, a community special school or a maintained nursery school, the local authority’s duty to maintain the school includes—
(a) the duty of defraying all the expenses of maintaining it, and
(b) the duty of making premises available to be used for the purposes of the school.
(4) In the case of a foundation, voluntary controlled or foundation special school, the local authority’s duty to maintain the school includes—
(a) the duty of defraying all the expenses of maintaining it, and
(b) the duty, under any enactment of providing new premises for the school.
(5) In the case of a voluntary aided school, the local authority’s duty to maintain the school includes—
(a) the duty of defraying all the expenses of maintaining it, except any expenditure that by virtue of paragraph 3 of Schedule 3 is to be met by the governing body, and
(b) the duty, under any enactment of providing new premises for the school.
(6) For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.
(7) Schedule 3 (which makes provision as to the functions of governing bodies, local authorities and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.
(8) In this Act—
(a) in relation to a school maintained (or proposed to be maintained) by a local authority, “the local authority” means that authority; and
(b) in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.
(9) In this Act “maintained nursery school” means a nursery school which is maintained by a local authority and is not a special school.
(1) The following shall be charities ...—
(a) the governing body of any foundation, voluntary or foundation special school; and
(b) any foundation body established under section 21;
but no governing body of a community or community special school shall be a charity.
(1A) Any body to which subsection (1)(a) or (b) applies is, as a result of its inclusion in Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Any foundation established otherwise than under this Act which has no property other than the premises of any school or schools falling within subsection (1)(a) shall be a charity and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 as if that provision applied to it.
(4) In this section—
(a) “institution” has the same meaning as in the Charities Act 2011;
(b) “premises” includes a teacher’s dwelling-house.
23A Foundation and foundation special schools: requirements as to foundations
(1) This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.
(2) Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.
(3) Condition B is that the school—
(a) acquired its foundation, or
(b) became a school whose instrument of government provides for the majority of governors to be foundation governors,
in pursuance of proposals falling to be implemented under regulations under section 24 of that Act.
(4) Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 24 of that Act and has an instrument of government providing for the majority of governors to be foundation governors.
(5) No institution may act as the foundation of a school to which this section applies unless—
(a) it is a body corporate of a prescribed description,
(b) it is a charity (whether by virtue of section 23(3) or otherwise), and
(c) it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.
(6) The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.
(7) Where any members of the foundation are to be local authorities or persons appointed by local authorities, the proportion of voting rights exercisable by such members must not exceed 20 per cent. of the total voting rights exercisable by members.
(8) Where any of the charity trustees in relation to the foundation are to be appointed by local authorities—
(a) the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and
(b) the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.
(9) Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.
(10) In this section and section 23B—
...
“charity trustee”, in relation to a school to which this section applies, means any individual who is for the purposes of the Charities Act 2011 a charity trustee in relation to the school's foundation;
“foundation” means a foundation established otherwise than under this Act;
“institution” has the same meaning as in the the Charities Act 2011;
“local authority” includes a non-metropolitan district council for an area for which there is a county council;
“purpose” includes object.
23B Powers of Secretary of State in relation to charity trustees of foundations
(1) Regulations may make provision enabling the Secretary of State in prescribed cases by direction—
(a) to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;
(b) to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).
(2) Regulations under subsection (1) may make provision as to the effect of a direction given by the Secretary of State under the regulations, and may in particular provide for any such direction to have the same effect as an order of the Charity Commission for England and Wales under section 76 or sections 79 to 81 of the Charities Act 2011 for the removal or appointment of a charity trustee.
(3) Nothing in this section affects the powers of the Charity Commission for England and Wales under any enactment.
(1) The Secretary of State shall appoint for England such number of persons to act as adjudicators for the purposes of this Act as he considers appropriate.
(2) Any matter which by virtue of this Act or Part 2 of the Education and Inspections Act 2006 is required to be referred to “the adjudicator” shall be referred to such person appointed under this section as may be determined in accordance with regulations under Schedule 5.
(3) Accordingly in this Act “the adjudicator”, in relation to any such matter, means the person mentioned in subsection (2).
(3A) When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify.
(3B) The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify—
(a) the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;
(b) the proprietor of any other relevant school.
(3C) A person so requested by the adjudicator to provide information must comply with the request.
(3D) In subsections (3A) and (3B), “relevant school” means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005.
(4) Schedule 5 has effect in relation to adjudicators.