38 General duties of governing body of maintained school
(1) In section 21 of EA 2002 (general responsibility for conduct of school) after subsection (4) insert—
(5) The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—
(a) promote the well-being of pupils at the school, and
(b) in the case of a school in England, promote community cohesion.
(6) The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people's plan.
(7) In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.
(8) In this section “well-being”—
(a) in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and
(b) in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.
(9) In this section “relevant children and young people's plan” means—
(a) in relation to a school in England—
(i) any plan published by the local authority under section 17 of the Children Act 2004 (children and young people's plans: England), or
(ii) in a case where the local authority are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section, and
(b) in relation to a school in Wales—
(i) any plan published by the local authority under section 26 of the Children Act 2004 (children and young people's plans: Wales), or
(ii) in a case where the local authority are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section.
(2) In section 28 of that Act (limit on power to provide community facilities etc.), after subsection (4) insert—
(4A) In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people's plan.
(4B) In subsection (4A) “relevant children and young people's plan” has the meaning given by section 21(9).
(4C) In exercising the power under section 27(1), the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils in circumstances where subsection (4)(a)(iii) does not apply.
(1) No admission arrangements for a community, foundation or voluntary school may make provision for selection by ability unless—
(a) they make provision for one of the permitted forms of such selection mentioned in section 99(2) of SSFA 1998, or
(b) the school is a grammar school.
(2) For the purposes of subsection (1) a school's admission arrangements make provision for selection by ability if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability.
(3) In this section—
“ability” means either general ability or ability in any particular subject or subjects;
“admission arrangements” has the meaning given by section 88(2) of SSFA 1998;
“grammar school” has the meaning given by section 104(7) of SSFA 1998;
“relevant age group” has the meaning given by section 142(1) of SSFA 1998.
(4) In section 99 of SSFA 1998—
(a) omit subsection (1) (which is re-enacted as subsection (1) of this section), and
(b) in subsection (2) after “are” insert “ for the purposes of section 39(1) of the Education and Inspections Act 2006 ”.
(1) Section 84 of SSFA 1998 (code of practice) is amended in accordance with subsections (2) to (7).
(2) In subsection (1)—
(a) for “a code of practice containing such practical guidance” substitute “ a code for school admissions containing such provision ”, and
(b) after paragraph (b) insert—
(ba) admission forums,
.
(3) In subsection (2), for the words from “include” to “other matters” substitute “ impose requirements, and may include guidelines setting out aims, objectives and other matters, ”.
(4) In subsection (3), for “to have regard to” substitute “ to act in accordance with ”.
(5) In subsection (5), omit “of practice” (in each place where it occurs).
(6) In subsection (6), after the definitions of “admission arrangements” and “the admission authority” insert—
“admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;
.
(7) In the heading, and in the italic cross-heading immediately before section 84, for “of practice” substitute “ for school admissions ”.
(8) In section 85 of SSFA 1998 (making and approval of code of practice)—
(a) in subsection (1) omit “of practice”, and
(b) for the heading substitute “ Making and approval of code for school admissions ”.
(9) In relation to a code for school admissions issued under section 84(1) of SSFA 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In section 89 (procedure for determining admission arrangements) for subsection (10) substitute—
(10) In this section, “the appropriate bodies”, in relation to an admission authority, means—
(a) the bodies or persons whom they were required to consult under subsection (2), or would but for subsection (2A) have been required to consult, and
(b) in the case of an admission authority for a maintained school in England, the admission forum for the area of the local authority in which the school is situated.
(8) In section 90 (reference of objections to adjudicator or Secretary of State)—
(a) in subsection (1) for paragraph (b) substitute—
(b) an appropriate body wishes to make an objection about those arrangements, and
, and
(b) after subsection (10) insert—
(11) In this section, “appropriate body” means, in relation to the admission arrangements determined by an admission authority—
(a) any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, and
(b) in the case of admission arrangements determined by an admission authority for a maintained school in England, the admission forum for the area of the local authority in which the school is situated.
In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—
(1A) A local authority in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1).
43 Duty of governing body to implement decisions relating to admissions
(1) In section 88 of SSFA 1998 (admission authorities and admission arrangements), after subsection (1) insert—
(1A) Where the admission authority for a community or voluntary controlled school is the local authority, it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.
(1B) Subsection (1A) does not affect—
(a) any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),
(b) any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or
(c) the application of section 101(2A) or section 109(2).
(2) In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a local authority and the governing body of a maintained school” substitute “ the admission authority for a maintained school ”.
(3) In section 89C of SSFA 1998 (co-ordinated schemes for admission arrangements)—
(a) in subsection (3) for “by virtue of this section” substitute “ by virtue of section 89B ”, and
(b) after subsection (3) insert—
(3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the local authority although they are not the admission authority, the governing body of the school must implement the decision.
(4) In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal arrangements) in paragraph (b) for the words from the beginning to “the authority” substitute “ in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority ”.
After section 88 of SSFA 1998 insert—
Prohibition on interviews
88A (1) No admission arrangements for a maintained school may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.
(2) If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.
(3) Where the admission arrangements for a maintained school make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant's aptitude in accordance with the arrangements.
(4) In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).
45 Admission arrangements for schools with religious character: consultation and objections
In section 89 of SSFA 1998 (procedure for determining admission arrangements) in subsection (2)—
(a) omit the “and” at the end of paragraph (c), and
(b) after paragraph (d) insert
and
(e) in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed.
(1) Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of State) is amended as follows.
(2) After subsection (5) insert—
(5A) Where the adjudicator or the Secretary of State is required by virtue of subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an objection to admission arrangements, he may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not he would be required to do so for the purpose of determining the objection.
(5B) In the case of any objection referred to him under this section, the adjudicator or the Secretary of State (as the case may be) must publish a report containing the following—
(a) his decision on the objection,
(b) any decision he has made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of his decision on the objection or otherwise,
(c) if, in relation to a maintained school in England, he considers that any change required ought not to be protected under section 90A for the number of school years prescribed under section 90A(2), that section 90A is not to apply to that change or that the change will be protected only for such lesser number of school years as he may specify, and
(d) his reasons for the decisions mentioned in paragraphs (a) to (c).
(5C) Where the adjudicator or the Secretary of State (as the case may be) decides that it would be appropriate for changes to be made to the admission arrangements, his decision may specify the modifications that are to be made to the arrangements.
(3) Subsections (6) and (7) are omitted.
(4) For subsection (8) substitute—
(8) The decisions of the adjudicator or the Secretary of State mentioned in subsection (5B)(a) and (b) shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection may be made under subsection (1) or (2); and, if the adjudicator or the Secretary of State has decided that it would be appropriate for changes to be made to the admission arrangements, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.
(5) In subsection (9)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in paragraph (c) for “any matters required to be published under subsection (7) are” substitute “ a report required to be published under subsection (5B) is ”.
(6) Omit subsection (10) (which has the effect of requiring certain cases to be referred by the adjudicator to the Secretary of State).
48 Looked after children to whom section 87(2) of SSFA 1998 applies
(1) In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—
(2A) Subsection (2) does not apply in relation to a decision made by or on behalf of a local authority in England to admit to a school a child who is looked after by a local authority in England (provision for references to the adjudicator in relation to such a decision being made by section 95A).
(2) After that section insert—
References relating to looked after children to whom section 87(2) applies
95A (1) This section applies where—
(a) a local authority in England are the admission authority for a community or voluntary controlled school, and
(b) a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.
(2) The local authority must give notice of the decision to the governing body of the school.
(3) The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.
(4) A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.
(5) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—
(a) the decision to admit the child to the school shall cease to have effect, but
(b) the adjudicator may determine that another maintained school in England is to be required to admit the child.
(6) A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.
(7) A determination under subsection (5)(b) may not be made if—
(a) the child is permanently excluded from the other school, or
(b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.
(8) If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—
(a) the admission authority for the school shall admit the child to the school, and
(b) if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator's decision.
(9) Regulations may make provision—
(a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;
(b) requiring an admission authority for a maintained school to provide information which—
(i) falls within a prescribed description, and
(ii) is requested by the adjudicator for the purposes of any such determination.
49 Procedure for giving directions under section 96 of SSFA 1998
In section 97 of SSFA 1998 (procedure for giving directions under section 96)—
(a) in subsection (2)(b)—
(i) for “the Secretary of State” (in both places where it occurs) substitute “ the appropriate authority ”, and
(ii) for “his determination” substitute “ its determination ”,
(b) in subsection (3), for “the Secretary of State” substitute “ the appropriate authority ”,
(c) in subsection (4)—
(i) for “the Secretary of State” substitute “ the appropriate authority ”,
(ii) for “if he does so” substitute “ if it does so ”, and
(iii) in paragraph (a)(ii) for “the Secretary of State's” substitute “ the appropriate authority's ”,
(d) in subsection (5) for “The Secretary of State” substitute “ The appropriate authority ”, and
(e) after subsection (6) insert—
(6A) In this section, “the appropriate authority” means—
(a) in relation to a local authority in England, the adjudicator, and
(b) in relation to a local authority in Wales, the Assembly.
50 Direction to admit looked after child to specified school
(1) After section 97 of SSFA 1998 insert—
Direction to admit looked after child to specified school
97A (1) A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.
(2) A direction under this section shall not specify a school from which the child is permanently excluded.
(3) Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.
(4) Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
Procedure for giving direction under section 97A
97B (1) Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.
(2) The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.
(3) Where the local authority decide to give a direction under section 97A specifying a school—
(a) they shall, before doing so, serve a notice in writing of their decision on—
(i) the admission authority for the school,
(ii) if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school,
(iii) if the school is maintained by a local authority who are not the authority proposing to give the direction and are not the admission authority, the local authority who maintain the school, and
(iv) the head teacher of the school, and
(b) they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference.
(4) The following persons—
(a) the admission authority on whom a notice is served under subsection (3)(a)(i), and
(b) in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii),
may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.
(5) A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.
(6) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—
(a) the local authority may not give a direction under section 97A that the school admit the child, but
(b) the adjudicator may determine that another school in England is to be required to admit the child.
(7) A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child.
(8) A determination under subsection (6)(b) may not be made if—
(a) the child is permanently excluded from the other school, or
(b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.
(9) If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then—
(a) if the local authority referred to in subsection (1) are the admission authority for that school they shall—
(i) admit the child to the school, and
(ii) give notice in writing to the governing body and head teacher of the school of the adjudicator's decision, and
(b) in any other case, the local authority shall specify that school in their direction under section 97A.
(10) A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.
(2) In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—
(7) In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter 1 of Part 3 but not in sections 96 and 97)” insert—
child looked after by a local authority (in Chapter 1 of Part 3) | section 84(7).
51 Directions to admit child to specified school: supplementary provisions
(1) In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “ or 97A ”.
(2) In section 96 of SSFA 1998 (direction to admit child to specified school)—
(a) in subsection (3) for “the Secretary of State” substitute “ the appropriate authority (within the meaning of section 97) ”, and
(b) in subsection (8) for “section 97” substitute “ sections 97 to 97C ”.
(3) After section 97B of SSFA 1998 (inserted by section 50) insert—
Determinations under section 97 or 97B: supplemental
97C Regulations may make provision in relation to England—
(a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B;
(b) requiring an admission authority for a school to provide information which—
(i) falls within a prescribed description, and
(ii) is requested by the adjudicator for the purposes of any such determination.
52 Power of Assembly to make regulations about looked after children
(1) After section 97C of SSFA 1998 (inserted by section 51) insert—
Looked after children in Wales
Power of Assembly to make regulations about admission of looked after children
97D (1) The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales.
(2) Regulations under subsection (1) may include provision requiring the admission authorities for such schools—
(a) to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;
(b) to admit looked after children in prescribed circumstances, subject to prescribed exceptions.
(3) Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—
(a) shall not apply in relation to looked after children;
(b) shall apply in relation to such children with prescribed modifications.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53 Schools with pre-1998 arrangements for selection by ability or aptitude
(1) Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.
(2) In subsection (1) for the words from “so long as” to the end of the subsection substitute
so long as—
(a) the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and
(b) there is no significant change in the basis of selection.
(3) After subsection (1) insert—
(1A) In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school's admission arrangements at any time since the beginning of the 1997-1998 school year.
(1) In section 101 of SSFA 1998 (permitted selection: pupil banding)—
(a) in subsection (1)—
(i) for “subsections (2) to (4)” substitute “ subsections (2) and (2A) ”, and
(ii) after “a maintained school” insert “ in England or Wales ”,
(b) after subsection (1) insert—
(1A) Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—
(a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—
(i) children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the local authority,
(ii) children in that age group who live in the area of the local authority, or
(iii) children in that age group who live in England, and
(b) that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.
,
(c) in subsection (2) for “Subsection (1)” substitute “ Subsection (1) or (1A) ”,
(d) after subsection (2) insert—
(2A) If the admission authority for a maintained school in England is the local authority, the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.
,
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) in subsection (4), for the words from the beginning to “any school” substitute “ In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised ”, and
(g) in subsection (5), for “subsection (1)” substitute “ subsection (1) or (1A) ”.
(2) In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “ section 101(1) or (1A) ”.
(3) In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—
(a) in subsection (2) for “constitutes a prescribed alteration for the purposes of section 28” substitute
constitutes—
(a) in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and
(b) in relation to Wales, a prescribed alteration for the purposes of section 28
, and
(b) in subsection (3) —
(i) for “section 101(1)” substitute “ section 101(1) or (1A) ”, and
(ii) for “the objectives mentioned in section 101(1)(a) and (b)” substitute “ the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b) ”.
55 Right of sixth-form pupils to be excused from attendance at religious worship
(1) Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.
(2) For subsection (1) substitute—
(1) If the parent of a pupil at a community, foundation or voluntary school requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school's basic curriculum, the pupil shall be so excused until the request is withdrawn.
(1A) If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn.
(1B) If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused.
(3) In subsection (2), for “subsection (1)” substitute “ subsections (1) to (1B) ”.
(4) In subsection (3), after “subsection (1)” insert “ or (1A) ”.
(5) In subsection (5), after “voluntary school” insert “ and is not a sixth-form pupil ”.
(6) After subsection (5) insert—
(5A) Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted—
(a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or
(b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs,
the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.
(7) In subsection (6), after “subsection (5)” insert “ or (5A) ”.
(8) For subsection (7) substitute—
(7) Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school—
(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and
(b) attends religious worship unless withdrawn from attendance at such worship—
(i) in the case of a sixth-form pupil, in accordance with his own wishes, and
(ii) in any other case, in accordance with the wishes of his parent.
(9) After subsection (7) insert—
(8) In this section “sixth-form pupil” means any pupil who—
(a) has ceased to be of compulsory school age, and
(b) is receiving education suitable to the requirements of pupils over compulsory school age.
(1) In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—
(3) Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.
(2) In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after “tuition in” insert “ singing or in ”.
59 Meaning of “maintained school” and “eligible for intervention”
(1) In this Part “maintained school” means any of the following schools in England—
(a) a community, foundation or voluntary school,
(b) a community or foundation special school, or
(c) a maintained nursery school.
(2) In this Part, references to a school being “eligible for intervention” are to be read in accordance with—
section 60 (performance standards and safety warning notice),
section 60A (teachers' pay and conditions warning notice),
section 60B (coasting schools),
section 61 (school requiring significant improvement), and
section 62 (school requiring special measures).
60 Performance standards and safety warning notice
(1) A maintained school is by virtue of this section eligible for intervention if—
(a) a relevant authority have given the governing body a warning notice in accordance with subsection (2),
(b) the period for compliance specified in the notice (“the compliance period”) has expired,
(c) the governing body have failed to comply, or secure compliance, with the notice to the relevant authority's satisfaction by the end of the compliance period, and
(d) the relevant authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 63 to 69 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).
(2) A relevant authority may give a warning notice to the governing body of a maintained school where the authority are satisfied—
(a) that the standards of performance of pupils at the school are unacceptably low, and are likely to remain so unless the authority exercise their powers under this Part, or
(b) that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or
(c) that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).
(3) For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—
(a) the standards that the pupils might in all the circumstances reasonably be expected to attain,
(b) where relevant, the standards previously attained by them, or
(c) the standards attained by pupils at comparable schools.
(4) For the purposes of this section a “warning notice” is a notice in writing by the relevant authority setting out—
(a) the matters on which the conclusion mentioned in subsection (2) is based,
(b) the action which they require the governing body to take in order to remedy those matters,
(c) the compliance period for the purposes of subsection (1)(c), and
(d) the action which the relevant authority are minded to take (under one or more of sections 63 to 69 or otherwise) if the governing body fail to take the required action.
(4A) If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.
(4B) If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The relevant authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
(a) the Chief Inspector,
(b) the head teacher of the school,
(c) in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(d) in the case of a foundation or voluntary school, the person who appoints the foundation governors.
(6A) If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.
(6B) If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In this section “relevant authority” means—
(a) the local authority, or
(b) the Secretary of State.
(1) A maintained school is by virtue of this section eligible for intervention if—
(a) the local authority have given the governing body a warning notice in accordance with subsection (2),
(b) the period for compliance specified in the notice (“the compliance period”) has expired,
(c) the governing body have failed to comply, or secure compliance, with the notice to the local authority's satisfaction by the end of the compliance period, and
(d) the local authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 64 to 66.
(2) A local authority may give a warning notice to the governing body of a maintained school where the authority are satisfied that—
(a) the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or
(b) the governing body have failed to secure that the head teacher of the school complies with such a provision.
(3) In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.
(4) For the purposes of this section a “warning notice” is a notice in writing by the local authority setting out—
(a) the matters on which the conclusion mentioned in subsection (2) is based,
(b) the action which they require the governing body to take in order to remedy those matters,
(c) the compliance period for the purposes of subsection (1)(c), and
(d) the action which the local authority are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The local authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
(za) the Secretary of State,
(a) the head teacher of the school,
(b) in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(c) in the case of a foundation or voluntary school, the person who appoints the foundation governors.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A maintained school is by virtue of this section eligible for intervention if—
(a) the school is coasting, and
(b) the Secretary of State has notified the governing body that it is coasting.
(2) The Secretary of State may by regulations provide that this section does not apply in relation to a school of a description specified in the regulations.
(3) The Secretary of State must by regulations define what “coasting” means in relation to a school to which this section applies.
A maintained school is by virtue of this section eligible for intervention if—
(a) following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(b) of that Act (school requiring significant improvement), and
(b) where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the notice has not been superseded by—
(i) the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or
(ii) the Chief Inspector giving the Secretary of State a notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures).
A maintained school is by virtue of this section eligible for intervention if—
(a) following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures), and
(b) where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.
63 Power of local authority to require governing body to enter into arrangements
(1) If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the local authority may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—
(a) to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,
(b) to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,
(c) to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or
(d) to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.
(2) Before exercising the power conferred by subsection (1), the local authority must consult—
(a) the governing body of the school,
(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
(3) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).
(4) A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.
64 Power of local authority etc. to appoint additional governors
(1) If at any time a maintained school is eligible for intervention, then (subject to subsection (2)) the local authority may appoint such number of additional governors as they think fit.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b) or as the case may be section 60A(1)(b)).
(3) In relation to any appointment made by the local authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the local authority to appoint such number of additional governors as they think fit.
(4) If at any time—
(a) a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), and
(b) the local authority have exercised their power to appoint additional governors under subsection (1),and
(c) the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,
the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.
(5) Any additional foundation governors appointed under subsection (4)—
(a) shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and
(b) shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.
(6) If at any time—
(a) a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),
(b) the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),
(c) the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and
(d) the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,
the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.
(7) In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (4) or (6) (as the case may be).
(8) Subject to subsection (9), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—
(a) to the appropriate diocesan authority, if it is a Church of England school or a Roman Catholic Church school; or
(b) in any other case, to the person or persons by whom the foundation governors are appointed.
(9) Where, in the case of any voluntary aided school not falling within subsection (8)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—
(a) to all those persons who have any such power acting jointly, or
(b) if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.
65 Power of local authority to provide for governing body to consist of interim executive members
(1) If at any time a maintained school is eligible for intervention, the local authority may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).
(2) Before exercising the power conferred by subsection (1), the local authority must consult—
(a) the governing body of the school,
(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
66 Power of local authority to suspend right to delegated budget
(1) If at any time—
(a) a maintained school is eligible for intervention, and
(b) the school has a delegated budget within the meaning of Part 2 of SSFA 1998,
then (subject to subsection (2)) the local authority may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body's right to a delegated budget with effect from the receipt of the notice by the governing body.
(2) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b) or as the case may be section 60A(1)(b)).
(3) A copy of a notice given under subsection (1) must be given to the head teacher of the school at the same time as the notice is given to the governing body.
(4) A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.
66A Power of Secretary of State to require governing body to enter into arrangements
(1) If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the Secretary of State may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—
(a) to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,
(b) to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,
(c) to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or
(d) to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.
(2) Before exercising the power conferred by subsection (1), the Secretary of State must consult—
(a) the governing body of the school,
(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
(3) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).
(4) A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.
67 Power of Secretary of State to appoint additional governors
(1) If at any time a maintained school is eligible for intervention ..., the Secretary of State may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.
(2) Before making any such appointment, the Secretary of State must consult—
(a) the local authority,
(b) the governing body of the school,
(c) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
(3) A governor appointed under this section—
(a) shall hold office as governor for such term, and
(b) if nominated as chairman of the governing body, shall be chairman of that body for such period,
as the Secretary of State may determine.
(4) The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.
(5) In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.
(6) Where the Secretary of State has exercised his power under this section in relation to a school, then—
(a) in any such case—
(i) the local authority may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body's right to a delegated budget, and
(ii) if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and
(b) in the case of a voluntary aided school, nothing in regulations under section 19 of EA 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.
(7) The revocation of a suspension under subsection (6)(a)—
(a) must be notified to the local authority in writing, and
(b) takes effect from such date as is specified in that notification.
68 Power of Secretary of State to direct closure of school
(1) If at any time a maintained school is eligible for intervention other than by virtue of section 60A, the Secretary of State may give a direction to the local authority requiring the school to be discontinued on a date specified in the direction.
(2) Before giving a direction under subsection (1), the Secretary of State must consult—
(a) the local authority and the governing body of the school,
(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,
(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) such other persons as the Secretary of State considers appropriate.
(3) On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.
(4) Where the local authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.
(5) In this section any reference to the discontinuance of a maintained school is a reference to the local authority ceasing to maintain it.
69 Power of Secretary of State to provide for governing body to consist of interim executive members
(1) If at any time a maintained school is eligible for intervention ... ,the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).
(2) Before exercising the power conferred by subsection (1), the Secretary of State must consult—
(a) the local authority,
(b) the governing body of the school,
(c) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
(3) The Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the local authority have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.
(4) Subsection (2) does not apply if an Academy order has effect in respect of the school.
69B Power of Secretary of State to direct local authority to give teachers' pay and conditions warning notice
(1) This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
(2) The condition is that there are reasonable grounds for a local authority to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).
(3) The condition is that one of the following applies—
(a) the authority have not given a warning notice to the governing body under section 60A on those grounds;
(b) the authority have done so, but in inadequate terms;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section 60A(1)(b)) has ended.
(4) The Secretary of State may direct the local authority to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.
(5) If the Secretary of State gives a direction under subsection (4) to a local authority in respect of a governing body, the authority must—
(a) give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,
(b) when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and
(c) give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.
(6) The local authority's response to the direction must do one of the following—
(a) state that the authority have decided to give a warning notice to the governing body in the specified terms;
(b) state that the authority have decided not to give a warning notice to the governing body in those terms.
(7) If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
(a) give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and
(b) on the same day as they do so, give the Secretary of State a copy of the notice.
(8) If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—
(a) the response must set out the authority's reasons for the decision, and
(b) the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).
(9) If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—
(a) comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and
(b) on the same day as they do so, give the Secretary of State a copy of the notice.
(10) Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).
(11) A direction under this section must be in writing.
70 Governing bodies consisting of interim executive members
Schedule 6 has effect in relation to any school in respect of which a notice has been given—
(a) under section 65(1) by the local authority, or
(b) under section 69(1) by the Secretary of State.
70A Duties for local authorities and Secretary of State to notify each other
(1) A local authority must notify the Secretary of State before exercising a power under section 63, 64 or 66 in relation to a maintained school.
(2) The Secretary of State must notify the local authority before exercising a power under any of sections 66A to 69 in relation to a maintained school.
70B Restriction on use of local authority intervention powers
(1) This section applies where a local authority are notified that the Secretary of State intends to exercise a power under any of sections 66A to 69 in relation to a maintained school.
(2) The local authority may not use any of their powers under section 63, 64 or 66 in relation to the school unless or until the Secretary of State notifies them that they may.