Western Pacific country health information profiles : 2005 revision
The Secretary of State shall by regulations—
impose a limit on class sizes for infant classes at maintained schools; and
specify the school years in relation to which any such limit is to have effect.
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 qualified teacher.
Subject to subsections (4) and (5), regulations under this section shall be so framed that—
the maximum number specified in pursuance of subsection (2) is 30, and
that limit has effect in relation to the 2001-02 school year and any subsequent year.
Regulations under this section may—
provide for any limit imposed under this section to take effect—
at the same time in the case of each of the age groups into which the pupils in infant classes fall, or
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;
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.
The Secretary of State may by order amend subsection (3)—
by substituting for “30” such other number as is specified in the order; or
by substituting for the reference to the 2001-02 school year a reference to such other school year as is so specified.
Where any limit imposed under this section applies to an infant class at a maintained school, the local education 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.
Every local education authority shall prepare a statement setting out the arrangements which the authority propose to make for the purpose of securing that any limit imposed under section 1 is complied with in relation to infant classes at schools maintained by the authority.
The statement shall— as may be prescribed; and in preparing the statement the authority shall have regard to any guidance given from time to time by the Secretary of State.
contain such information as to the proposed arrangements, and
take such form,
In the course of preparing the statement the authority shall carry out such consultation as may be prescribed.
A prescribed body or person, or a body or person falling within any prescribed category, shall provide the authority— as the authority may reasonably request from that body or person for the purpose of enabling them to prepare the statement.
with such documents or information, or
with such other assistance,
The authority shall submit the statement to the Secretary of State for his approval— and different dates may be prescribed for different authorities.
by such date as may be prescribed, or
by such later date as he may allow, where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to the authority;
If the Secretary of State decides not to approve the authority’s proposed arrangements—
he shall notify the authority of his decision and of his reasons for it; and
the authority shall prepare a revised statement under this section in respect of their proposed arrangements.
Where the authority are required by subsection (6) to prepare a revised statement, the preceding provisions of this section shall apply to it as they applied to the original statement, except that—
in preparing the revised statement the authority shall have regard to the Secretary of State’s reasons for not approving their original proposals; and
the revised statement shall be submitted to the Secretary of State by such date as he may determine.
In subsection (4) “document” includes information recorded otherwise than in legible form, and the reference to the provision of a document is, in the case of information so recorded, a reference to the provision of a copy of that information in legible form.
Regulations shall make provision for the payment by the Secretary of State of grants to local education 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.
Regulations under this section shall provide for the Secretary of State—
to withhold grants under the regulations from a local education authority where no proposed arrangements by that authority have been approved by him under section 2; and
when determining whether any grant (and, if so, what amount) should be paid by him under the regulations to a local education authority, to have regard to their proposed arrangements as so approved.
Regulations under this section may provide—
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
for requiring local education 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;
“qualified teacher”, in relation to an infant class, means—
a person who is a qualified teacher in relation to that class for the purposes of section 218(1)(a) of the Education Reform Act 1988 (regulations relating to teachers' qualifications, etc.), or
any other person who in accordance with regulations under that provision may be employed as a teacher of that class.
After section 13 of the Education Act 1996, there shall be inserted—
Every local education authority shall prepare an education development plan for their area, and shall prepare further such plans at such intervals as may be determined by or in accordance with regulations.
An education development plan shall consist of—
a statement of proposals, which sets out proposals by the authority for developing their provision of education for children in their area, whether by— or otherwise; and
raising the standards of education provided for such children (whether at schools maintained by the authority or otherwise than at school), or
improving the performance of such schools,
annexes to that statement.
In subsection (2) “children” means—
persons of compulsory school age (whether at school or otherwise), or
persons of any age above or below that age who are registered as pupils at schools maintained by the authority.
The statement of proposals must—
deal with such matters, and relate to such period, as may be determined by or in accordance with regulations, and
be approved by the Secretary of State under section 7.
The annexes to the statement—
must contain such material as may be prescribed; and
may contain such other material as the authority consider relevant to their proposals as set out in the statement.
In preparing an education development plan the authority shall have regard, in particular, to the education of children (within the meaning of subsection (2)) who have special educational needs.
In the course of preparing an education development plan the authority shall consult—
the governing body and head teacher of every school maintained by the authority;
the appropriate diocesan authority for any foundation or voluntary school in their area which is a Church of England, Church in Wales or Roman Catholic Church school; and
such other persons as they consider appropriate.
In its operation at any time before the appointed day (as defined by section 20(7)), subsection (7)(a) above shall be read as referring also to the governing body of every grant-maintained or grant-maintained special school situated in the authority’s area.
In performing their functions under this section the authority shall have regard to any guidance given from time to time by the Secretary of State.
Where a local education authority have prepared an education development plan in accordance with section 6, they shall, by such date as may be determined by or in accordance with regulations, submit the plan to the Secretary of State for him to approve the authority’s statement of proposals under this section.
The Secretary of State may in the case of any statement submitted to him under this section—
approve the statement in any of the following ways, namely wholly or in part, for a limited period of time, or subject to conditions;
require the authority to make such modifications to the statement as he may specify; or
reject the statement.
If the Secretary of State approves the statement—
he shall notify the authority of his decision; and
the authority shall implement the proposals set out in the statement, so far as approved by the Secretary of State, as from such date as he may determine.
If the Secretary of State requires the authority to make modifications or rejects the statement—
he shall notify the authority of his decision and of his reasons for it, and
the authority shall prepare a revised statement and submit it to the Secretary of State for his approval under this section by such date as he may determine.
Once the Secretary of State has approved an authority’s statement of proposals under subsection (2), he shall keep under review the authority’s proposals, as approved by him, and their implementation by the authority, and—
where he is of the opinion that the statement should be modified (or further modified), he may withdraw his approval and require the authority to make such modifications to the statement as he may specify; and
where he is of the opinion that the authority’s proposals are not being properly implemented by them, he may withdraw his approval for such period as he thinks fit.
If under subsection (5) the Secretary of State withdraws his approval of a statement of proposals—
he shall notify the authority of his decision and of his reasons for it; and
in a case falling within paragraph (a) of that subsection, the authority shall prepare a revised statement and submit it to him for his approval under this section by such date as he may determine.
Section 6 shall apply to the preparation of a revised statement under subsection (4)(b) or (6)(b) above, with such modifications (if any) as the Secretary of State may determine.
At any time after the Secretary of State has approved an authority’s statement of proposals under subsection (2)—
the authority may submit modifications to the statement to the Secretary of State for his approval,
the Secretary of State may approve the modifications, whether in whole or in part, for a limited period of time, or subject to conditions, and
if and to the extent that he approves those modifications, he shall notify the authority of his decision and— as from such date as he may determine.
the statement shall have effect with the modifications, and
the authority shall implement their proposals as modified,
Once the Secretary of State has approved— the authority shall publish their education development plan (or their plan as so modified) in such manner and by such date as may be prescribed, and shall provide such persons as may be prescribed with copies of that plan or of a summary version of that plan.
an authority’s statement of proposals under subsection (2), or
the modification of an authority’s statement of proposals under subsection (8),
In section 484 of the Education Act 1996 (education standards grants) references to “eligible expenditure” include expenditure for or in connection with the implementation by local education authorities of their education development plans.
After section 497 of the Education Act 1996 there shall be inserted—
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—
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 maintained schools, he may by order provide for those schools to constitute collectively an education action zone for the purposes of this Chapter.
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.
At any time when an education action zone is in existence, the Secretary of State may by order vary the order establishing the zone by adding to the schools for the time being included in that order—
any school in relation to which section 15 applies by virtue of subsection (1), (4) or (6) of that section; or
with a view to enabling it to achieve improving standards in the provision of education once it becomes a maintained school, any new school which has a temporary governing body.
No order shall be made by the Secretary of State under subsection (1), (2) or (3) 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.
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).
In this Chapter—
references to a governing body shall be read as including the temporary governing body of a new school;
“participating school”, in relation to an education action zone, means one of the schools for the time being included in the order under subsection (1) by which the zone is established.
In this section “new school” has the meaning given by section 72(3).
Unless the Secretary of State by order otherwise provides, nothing in this Chapter applies in relation to Wales.
An order establishing an education action zone under section 10(1) shall provide for the establishment of an Education Action Forum for the zone.
An Education Action Forum shall be a body corporate and shall be constituted in accordance with the order under section 10(1) by which it is established.
The order shall require the members of an Education Action Forum to include—
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
either one or two persons appointed by the Secretary of State.
Schedule 1 has effect in relation to an Education Action Forum.
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).
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.
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.
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—
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
assume full responsibility for the discharge of that function during the whole of the period for which the Forum remains in existence.
Regulations may make provision—
as to the circumstances in which the governing body of a participating school may make arrangements under subsection (2);
for the procedure to be followed by such a governing body in connection with the making of any such arrangements;
for the procedure to be followed by an Education Action Forum when discharging any function by virtue of that subsection;
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.
Regulations may, in relation to the discharge by an Education Action Forum of any function of a governing body under sections 54 and 57(1) to (3), Schedule 16 or paragraph 27 of Schedule 17, make any such provision as may be made by an order under section 81 (application of employment law during financial delegation).
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).
Before giving a direction under subsection (5) the Secretary of State shall consult the local education authority.
For section 3 of the School Teachers' Pay and Conditions Act 1991 there shall be substituted—
If at any time section 15 applies to a maintained school by virtue of any of the following provisions of that section, namely— the provisions mentioned in subsection (2) below (which confer powers of intervention on local education authorities) shall also apply to the school at that time unless excluded by subsection (3) below (intervention by Secretary of State).
subsection (1) (school subject to formal warning),
subsection (4) (school with serious weaknesses), or
subsection (6) (school requiring special measures),
Those provisions are—
section 16 (power to appoint additional governors); and
section 17 (power to suspend right to delegated budget).
Those provisions shall not apply to a school to which section 15 applies by virtue of subsection (6) of that section (school requiring special measures) if, in connection with the same report falling within paragraph (a) of that subsection—
the Secretary of State has exercised in relation to the school his power under section 18 (power to appoint additional governors) and any additional governors appointed in the exercise of that power remain in office; or
he has exercised in relation to the school his power under section 19 (power to direct closure of school).
In this Chapter— have the same meaning as in the School Inspections Act 1996.
“Chief Inspector” and “member of the Inspectorate”, and
references to special measures being, or not being, required to be taken in relation to a school,
This section applies to a maintained school by virtue of this subsection if—
the local education authority have—
given the governing body a warning notice in accordance with subsection (2), and
given the head teacher of the school a copy of the notice at the same time as the notice was given to the governing body;
the governing body have failed to comply, or secure compliance, with the notice to the authority’s satisfaction within the compliance period; and
the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under either or both of sections 16 and 17 (whether or not the notice is combined with a notice under section 62(3)(c)).
A local education authority may give a warning notice to the governing body of a maintained school where—
the authority are satisfied—
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 either or both of sections 16 and 17, or
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
that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise); and
the authority have previously informed the governing body and the head teacher of the matters on which that conclusion is based; and
those matters have not been remedied to the authority’s satisfaction within a reasonable period.
For the purposes of subsections (1) and (2) a “warning notice” is a notice in writing by the local education authority setting out—
the matters referred to in subsection (2)(b);
the action which they require the governing body to take in order to remedy those matters; and
the period within which that action is to be taken by the governing body (“the compliance period”).
This section applies to a maintained school by virtue of this subsection if—
a report of an inspection of the school has been made under Part I of the School Inspections Act 1996 in which the person making it stated that in his opinion the school had serious weaknesses; and
where any subsequent report of an inspection of the school has been made under Part I of that Act, that opinion has not been superseded by the person making the report stating that in his opinion—
the school no longer has serious weaknesses, or
special measures are required to be taken in relation to the school.
For the purposes of subsection (4) a school has serious weaknesses if, although giving its pupils in general an acceptable standard of education, it has significant weaknesses in one or more areas of its activities.
This section applies to a maintained school by virtue of this subsection if—
a report of an inspection of the school has been made under Part I of the School Inspections Act 1996 in which the person making it stated that in his opinion special measures were required to be taken in relation to the school;
either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion; and
where any subsequent report of an inspection of the school has been made under Part I 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.
If at any time this section applies to a maintained school in accordance with section 14(1), then (subject to subsections (2) and (3)) the local education authority may appoint such number of additional governors as they think fit.
Where this section so applies in the case of a school falling within section 15(1) (school subject to formal warning), the power conferred by subsection (1) above is only exercisable within the period of two months following the end of the compliance period.
Where this section so applies in the case of a school falling within section 15(6) (school requiring special measures), the power conferred by subsection (1) above is only exercisable if the following conditions are satisfied, namely—
the relevant document has been sent to the Secretary of State;
the authority have received a notice in writing from the Secretary of State in which he acknowledges receipt of that document; and
a period of not less than ten days has elapsed since the date of the notice.
The Secretary of State may in respect of any particular school determine that subsection (3)(c) shall have effect as if the reference to ten days were to such shorter period as he may determine.
In relation to any appointment made by the local education authority 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 Part II of Schedule 9) it provided for the local education authority to appoint such number of additional governors as they think fit.
If at any time— 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.
this section applies to a voluntary aided school other than one falling within section 15(6), and
the local education authority have exercised their power to appoint additional governors under subsection (1),
Any additional foundation governors appointed under subsection (6)—
shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and
shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.
If— the appropriate appointing authority may (subject to subsection (9)) appoint such number of additional foundation governors as they think fit.
at any time this section applies to a voluntary aided school falling within section 15(6), and
neither of paragraphs (a) and (b) of section 14(3) for the time being applies in connection with the same report falling within section 15(6)(a),
The power conferred by subsection (8) is only exercisable if the following conditions are satisfied, namely—
the relevant document has been sent to the Secretary of State;
the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received that document; and
a period of not less than ten days has elapsed since the date of the notice.
In the case of any appointment made by virtue of subsection (6) or (8) to the governing body of a school, the instrument of government for the school shall have effect as if (despite paragraph 14 of Schedule 9) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (6) or (8) (as the case may be).
Subject to subsection (12), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—
to the appropriate diocesan authority, if it is a Church of England school, Church in Wales school or Roman Catholic Church school; or
in any other case, to the person or persons by whom the foundation governors are appointed.
Where, in the case of any voluntary aided school not falling within subsection (11)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—
to all those persons who have any such power acting jointly, or
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.
In this section “the relevant document” means a copy of a statement prepared—
under section 18 of the School Inspections Act 1996, or
under section 17 of that Act, if the school does not have a delegated budget within the meaning of Part II of this Act.
If at any time— then (subject to subsections (2) and (3)) the local education 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.
this section applies to a maintained school in accordance with section 14(1), and
the school has a delegated budget within the meaning of Part II of this Act,
Where this section so applies in the case of a school falling within section 15(1) (school subject to formal warning), the power conferred by subsection (1) above is only exercisable within the period of two months following the end of the compliance period.
Where this section so applies in the case of a school falling within section 15(6) (school requiring special measures), the power conferred by subsection (1) above is only exercisable if the following conditions are satisfied, namely—
a copy of a statement prepared under section 18 of the School Inspections Act 1996 has been sent to the Secretary of State;
the authority have received a notice in writing from the Secretary of State in which he acknowledges receipt of that document; and
a period of not less than ten days has elapsed since the date of the notice.
The Secretary of State may in respect of any particular school determine that subsection (3)(c) shall have effect as if the reference to ten days were to such shorter period as he may determine.
A copy of a notice given under subsection (1) shall be given to the head teacher of the school at the same time as the notice is given to the governing body.
A suspension imposed under this section shall have effect for the purposes of Chapter IV of Part II of this Act as if made under paragraph 1 of Schedule 15 to this Act, but there shall be no right of appeal under paragraph 3 of that Schedule against such a suspension.
If at any time section 15 applies to a maintained school by virtue of subsection (6) of that section (school requiring special measures), 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.
Before making any such appointment in relation to a voluntary aided school, the Secretary of State shall consult—
in the case of a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority; or
in any other case, the person who appoints the foundation governors.
A governor appointed under this section— as the Secretary of State may determine.
shall hold office as governor for such term, and
if nominated as chairman of the governing body, shall be chairman of that body for such period,
The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.
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 Part II of Schedule 9) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.
Where the Secretary of State has exercised his power under this section in relation to a school, then—
in any such case—
the local education authority may not exercise their power under paragraph 1 of Schedule 15 to suspend the governing body’s right to a delegated budget, and
if they have already exercised that power or their power under section 17(1), the Secretary of State shall, if requested to do so by the governing body, revoke the suspension; and
in the case of a voluntary aided school, nothing in paragraph 14 of Schedule 9 shall 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.
The revocation of a suspension under subsection (6)(a) shall—
be notified to the local education authority in writing; and
take effect from such date as is specified in that notification.
If at any time section 15 applies to a maintained school by virtue of subsection (6) of that section (school requiring special measures), the Secretary of State may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.
Before giving a direction under subsection (1), the Secretary of State shall consult—
the local education authority and the governing body of the school;
in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority;
in the case of any other foundation or voluntary school, the person who appoints the foundation governors; and
such other persons as the Secretary of State considers appropriate.
On giving a direction under subsection (1) the Secretary of State shall give notice in writing of the direction to the governing body of the school and its head teacher.
Where the local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in sections 29 to 33 shall apply to their discontinuance of the school under this section.
In this section any reference to the discontinuance of a maintained school is to the local education authority ceasing to maintain it.
Schools maintained by local education authorities on or after the appointed day shall be divided into the following categories—
community schools;
foundation schools;
voluntary schools, comprising—
voluntary aided schools, and
voluntary controlled schools;
community special schools; and
foundation special schools.
A school maintained by a local education authority is a school falling within one of the categories set out in subsection (1) if—
it became a school of that category on the appointed day in accordance with Schedule 2 (and has not changed its category under Schedule 8); or
it was established as a school of that category under section 28 or 31 (and has not changed its category under Schedule 8); or
it has become a school of that category in accordance with Schedule 8.
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)—
county, voluntary or maintained special schools, or
grant-maintained or grant-maintained special schools.
As from the appointed day a local education authority shall maintain (as a school falling within one of those categories)—
any school within subsection (3)(a) which was maintained by the authority immediately before that day; and
(subject to subsection (5)) any school within subsection (3)(b) which immediately before that day was situated within the authority’s area.
Where a grant-maintained school within subsection (3)(b)— 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.
was, immediately before becoming such a school, maintained by a local education authority (“the former maintaining authority”) other than the one within whose area it was then situated, and
remains outside the area of the former maintaining authority immediately before the appointed day,
In this section “school” means a primary, secondary or special school, including a nursery school which is a special school but excluding—
a nursery school which is not a special school; and
a pupil referral unit.
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;
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.
There may be three kinds of foundation school—
those having a foundation established otherwise than under this Act;
those belonging to a group of schools for which a foundation body acts under this section; and
those not falling within either of paragraphs (a) and (b).
There may be three kinds of voluntary controlled or voluntary aided school—
those having a foundation established otherwise than under this Act;
those belonging to a group of schools for which a foundation body acts under this section; and
those not falling within either of paragraphs (a) and (b) but having been either of the following immediately before the appointed day, namely— within the meaning of the Education Act 1996.
a voluntary school, or
a grant-maintained school that was a voluntary school immediately before becoming grant-maintained,
For the purposes of this Act—
“foundation”, in relation to a foundation or voluntary school, means—
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
a foundation body;
a school “has” a foundation if—
such a body of persons exists for holding land on trust for the purposes of the school, or
the school belongs to a group of schools for which a foundation body acts under this section; and
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—
is held on trust for purposes which (whether the trust deed expressly so provides or not) include the purposes of the school, and
is used for the purposes of the school.
For the purposes of this Act—
“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—
to hold property of those schools for the purposes of the schools, and
to appoint foundation governors for those schools; and
“the group”, in relation to a foundation body, means the group of three or more schools for which the body performs those functions.
The Secretary of State may by regulations make provision for and in connection with—
the establishment, membership, functions and winding up of a foundation body, and
the steps to be taken in connection with schools joining or leaving the group.
Regulations under subsection (5) may, in particular, make provision—
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 in accordance with Schedule 8;
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;
authorising a foundation body to appoint foundation governors to every school in the group;
prescribing a model instrument of government for adoption by a foundation body subject to variations approved by the Secretary of State;
for conferring functions with respect to the resolution of disputes— on such person or body as may be specified in the regulations;
between schools in the group, or
between one or more such schools and a foundation body,
in connection with a school leaving the group—
for requiring the publication of proposals under paragraph 2 of Schedule 8 (procedure for changing category of school);
for enabling the Secretary of State to require the publication under that paragraph of proposals for the school to become a school of a category specified by him;
for preventing a voluntary school from becoming one falling within subsection (2)(a) unless any conditions specified in pursuance of paragraph 4(2)(b) of that Schedule are satisfied in relation to the school;
for the dissolution of a foundation body by order of the Secretary of State;
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, to determine how that land is to be dealt with on its dissolution;
for conferring functions on school organisation committees and adjudicators including any functions which might otherwise be conferred on the Secretary of State.
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.
The Secretary of State may, after consulting a foundation body, make an order modifying the instrument of government adopted by that body.
Regulations may make provision for applying to foundation special schools, with or without modifications—
any of the provisions of subsections (3) to (8); or
any provision of Schedule 21 to this Act (transfers of land on appointed day).
A local education authority are under a duty to maintain the following schools—
any maintained schools which they are required to maintain by virtue of section 20(4) or (5);
any maintained schools established by them under section 28 or 31;
any maintained schools established in their area under section 28 otherwise than by them or any other local education authority; and
any maintained nursery school established by them.
Subsection (1) has effect subject to the transfer under this Part of a maintained school from the area of one local education authority to that of another, and to the provisions of this Part relating to the discontinuance of schools.
In the case of a community school, a community special school or a maintained nursery school, the local education authority’s duty to maintain the school includes—
the duty of defraying all the expenses of maintaining it, and
the duty of making premises available to be used for the purposes of the school.
In the case of a foundation, voluntary controlled or foundation special school, the local education authority’s duty to maintain the school includes—
the duty of defraying all the expenses of maintaining it, and
the duty, under paragraph 2 of Schedule 3 or paragraph 13 or 15 of Schedule 6, of providing new premises for the school under and in accordance with paragraph 2 of Schedule 3 or (as the case may be) paragraph 16 of Schedule 6.
In the case of a voluntary aided school, the local education authority’s duty to maintain the school includes—
the duty of defraying all the expenses of maintaining it, except any expenses that by virtue of paragraph 3 of Schedule 3 are payable by the governing body, and
the duty, under paragraph 4 of Schedule 3 or paragraph 14 of Schedule 6, of providing new premises for the school under and in accordance with that paragraph.
For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.
Schedule 3 (which makes provision as to the functions of governing bodies, local education authorities and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.
In this Act—
in relation to a school maintained (or proposed to be maintained) by a local education authority, “the local education authority” means that authority; and
in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.
In this Act “maintained nursery school” means a nursery school which is maintained by a local education authority and is not a special school.
The following shall be charities which are exempt charities for the purposes of the Charities Act 1993— but no governing body of a community or community special school shall be a charity.
the governing body of any foundation, voluntary or foundation special school; and
any foundation body established under section 21;
So far as it is a charity, any institution which— shall also be an exempt charity for the purposes of the Charities Act 1993.
is administered by or on behalf of any body to which subsection (1)(a) or (b) applies, and
is established for the general purposes of, or for any special purpose of or in connection with, that body or any school or schools falling within subsection (1)(a),
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 which (subject to section 3(5B) of the Charities Act 1993) is not required to be registered for the purposes of that Act (but is not an exempt charity for the purposes of that Act).
In this section—
“charity” and “institution” have the same meaning as in the Charities Act 1993;
“premises” includes a teacher’s dwelling-house.
Each local education authority in England shall establish a school organisation committee for their area.
A school organisation committee shall be constituted in accordance with regulations made by the Secretary of State.
Those regulations must be so framed as to secure that every school organisation committee includes at least one person within each of the following categories—
a member of the local education authority;
a person nominated by the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the authority’s area; and
a person nominated by the bishop of any Roman Catholic Church diocese any part of which is comprised in the authority’s area.
In this Act any reference to “the school organisation committee” in relation to— is a reference to the school organisation committee established for the local education authority’s area.
a local education authority in England,
a school maintained or proposed to be maintained by such a local education authority, or
any proposals relating to such a school,
Schedule 4 has effect in relation to school organisation committees.
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.
Any matter which by virtue of this Act 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.
Accordingly in this Act “the adjudicator”, in relation to any such matter, means the person mentioned in subsection (2).
Schedule 5 has effect in relation to adjudicators.
Every local education authority shall prepare a school organisation plan for their area, and shall prepare further such plans at such times as may be prescribed.
A school organisation plan is a statement which sets out—
how the authority propose to exercise their functions during the prescribed period with a view to securing the provision of primary and secondary education that will meet the needs of the population of their area during that period; and
any facilities which the authority expect to be available outside their area for providing such education.
A school organisation plan must deal with such matters, and take such form, as may be prescribed.
The matters prescribed for the purposes of subsection (3) shall include the provision which the authority propose to make during the period in question for children with special educational needs.
A school organisation plan prepared by a local education authority in England requires the approval of the school organisation committee or the adjudicator; and regulations may make provision with regard to the procedure to be followed in connection with the preparation and approval of such plans.
Regulations under subsection (5) may, in particular, make provision—
requiring a local education authority in England to publish a draft school organisation plan prepared by them, and enabling objections to be made to it;
requiring— to be submitted to the school organisation committee;
the draft plan (whether as published by the authority or as revised by them in the light of any such objections), and
all such objections,
authorising the matters so submitted to be also submitted, in any prescribed circumstances, to the adjudicator;
for the functions of the school organisation committee in relation to the matters submitted to them by the authority, or in relation to any proposals made by the adjudicator, including power for the committee—
to approve a draft plan with or without modifications, or
to prepare a school organisation plan for publication by the authority as their approved plan;
for the functions of the adjudicator in relation to any matters submitted to him by virtue of paragraph (c), or referred to him by the committee in the exercise of any function conferred by virtue of paragraph (d), including power for the adjudicator—
to approve a draft plan either with modifications proposed by the committee or without modifications, or
to make proposals to the committee for modifications to be made to the draft plan;
requiring the publication of the plan as approved;
requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.
A school organisation plan prepared by a local education authority in Wales requires adoption by the authority; and regulations may make provision with regard to the procedure to be followed in connection with the preparation and adoption of such plans.
Regulations under subsection (7) may, in particular, make provision—
requiring a local education authority in Wales to publish a draft school organisation plan prepared by them, and to consult such bodies or persons in connection with the draft plan as may be prescribed;
requiring the authority, in the light of such consultation, either—
to adopt the draft plan with or without modifications, or
to prepare a further draft school organisation plan for publication and consultation in accordance with any provision made by virtue of paragraph (a);
requiring the publication of the plan as adopted by the authority;
requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.
Regulations may make provision— and the regulations may provide for any of the provisions of sections 24 and 25 and Schedules 4 and 5 to apply for the purposes of the regulations with or without modifications.
for the establishment by local education authorities in Wales of school organisation committees; and
for the appointment by the Secretary of State of adjudicators, or panels of adjudicators, for Wales;
In connection with any provision made by virtue of subsection (1), regulations may make provision—
for applying in relation to Wales any provision of section 26, Chapter II of this Part or Chapter I of Part III which would otherwise apply in relation to England only;
for disapplying in relation to Wales any such provision which would otherwise apply in relation to Wales only;
for any statutory provision to have effect with such modifications as appear to the Secretary of State to be appropriate.
Where a local education authority propose— the authority shall publish their proposals under this section.
to establish a new community or foundation school, or
to make any prescribed alteration to a community school, or
to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school,
Where— those persons or (as the case may be) the governing body shall publish their proposals under this section.
any persons (referred to in this Part as “promoters”) propose to establish a new foundation or voluntary school, or
the governing body of a foundation or voluntary school propose to make any prescribed alteration to the school,
Proposals under this section shall— as may be prescribed.
contain such information, and
be published in such manner,
Proposals under this section may if the relevant body or promoters think fit—
specify an age below 10 years and six months and an age above 12 years, and
provide that the school to which the proposals relate is to be a school providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.
Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the Secretary of State.
Where any proposals published under this section relate to a school or proposed school in England, the relevant body or promoters shall send— to the school organisation committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.
a copy of the published proposals, and
such information in connection with those proposals as may be prescribed,
Where any proposals published under this section relate to a school or proposed school in Wales, the relevant body or promoters shall send— to the Secretary of State.
a copy of the published proposals, and
such information in connection with those proposals as may be prescribed,
Schedule 6 has effect (for both England and Wales) in relation to—
the procedure for dealing with proposals under this section and their implementation; and
the provision of premises or other assistance in connection with their implementation.
Where any proposals published under this section— the provisions of subsection (6) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.
are for the transfer of a school to a site in a different area, or
relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the local education authority who maintain, or (as the case may be) who it is proposed should maintain, the school,
In this section “the relevant body or promoters” means the local education authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).
In this Part—
“alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—
in the religious character of the school, or
whereby the school would acquire or lose a religious character; and
“area” (without more) means a local education authority area.
Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the local education authority.
Where a local education authority propose to discontinue— the authority shall publish their proposals under this section.
a community, foundation or voluntary school, or
a maintained nursery school,
Where the governing body of a foundation or voluntary school propose to discontinue the school, the governing body shall publish their proposals under this section.
Proposals under this section shall— as may be prescribed.
contain such information, and
be published in such manner,
Before publishing any proposals under this section, the relevant body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body shall have regard to any guidance given from time to time by the Secretary of State.
Where any proposals published under this section relate to a school in England, the relevant body shall send— to the school organisation committee for the area of the local education authority who maintain the school.
a copy of the published proposals, and
such information in connection with those proposals as may be prescribed,
Where any proposals published under this section relate to a school in Wales, the relevant body shall send— to the Secretary of State.
a copy of the published proposals, and
such information in connection with those proposals as may be prescribed,
Schedule 6 has effect (for both England and Wales) in relation to the procedure for dealing with proposals under this section and their implementation.
Where any proposals published under this section relate to a school which is situated in an area other than that of the local education authority who maintain it, the provisions of subsection (5) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.
In this section “the relevant body” means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).
In this Part any reference to a local education authority— is to the authority ceasing to maintain the school.
discontinuing a school, or
implementing proposals to discontinue a school (whether published by the authority or the governing body),
Subject to the following provisions of this section, the governing body of a foundation or voluntary school may discontinue the school by serving on the Secretary of State and the local education authority at least two years' notice of their intention to do so.
If expenditure has been incurred on the school premises (otherwise than in connection with repairs)— no such notice may be served without the consent of the Secretary of State.
by the Secretary of State,
by the Funding Agency for Schools,
by any local education authority, or
by an authority which was a local education authority within the meaning of any enactment repealed by the Education Act 1944 or an earlier Act,
If discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall, before serving a notice under this section, consult the appropriate further education funding council.
If, while a notice under subsection (1) is in force in respect of a foundation or voluntary school, the governing body inform the local education authority that they are unable or unwilling to carry on the school until the notice expires, the authority—
may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and
shall be entitled to use the school premises free of charge for that purpose.
While the school is being so conducted—
the authority shall keep the school premises in good repair, and
any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.
Despite the provisions of subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.
A notice served under subsection (1) may not be withdrawn without the consent of the local education authority.
If a foundation or voluntary school is discontinued under this section, the duty of the local education authority to maintain the school as a foundation or voluntary school shall cease.
Nothing in section 29 or 33 applies to any such discontinuance of a foundation or voluntary school.
Where— then if the trustees (being entitled to do so) give any notice to the governing body which purports to terminate the school’s occupation of the land, any such notice shall not be effective to terminate its occupation of the land unless the requirements of subsection (11) are complied with in relation to the notice (without prejudice to any other statutory or other requirements falling to be so complied with).
land occupied by a foundation or voluntary school is held by any trustees for the purposes of the school, and
the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site,
The requirements of this subsection are—
that the period of notice must—
be reasonable having regard to the length of time that would be required to discontinue the school (if the governing body chose to do so), and
in any event must not be less than two years; and
that a copy of the notice must be given to the Secretary of State and the local education authority at the time when the notice is given to the governing body.
Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school’s occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(b) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school’s occupation of both or all of them.
If a question arises as to whether the termination of a school’s occupation of any land would have the result mentioned in subsection (10)(b) (including a question as to whether subsection (12) applies in any particular circumstances), it shall be determined by the Secretary of State.
Where a local education authority intend— the authority shall publish their proposals under this section.
to establish a new community or foundation special school, or
to make any prescribed alteration to such a school, or
to discontinue such a school,
Where the governing body of a foundation special school propose— the governing body shall publish their proposals under this section.
to make any prescribed alteration to the school, or
to discontinue the school,
Proposals under this section shall— as may be prescribed.
contain such information, and
be published in such manner,
Before publishing any proposals under this section, the relevant body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body shall have regard to any guidance given from time to time by the Secretary of State.
Where any proposals published under this section relate to a school or proposed school in England, the relevant body shall send— to the school organisation committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.
a copy of the proposals, and
such information in connection with those proposals as may be prescribed,
Where any proposals published under this section relate to a school or proposed school in Wales, the relevant body shall send— to the Secretary of State.
a copy of the proposals, and
such information in connection with those proposals as may be prescribed,
The relevant body shall also send a copy of any proposals to which subsection (5) or (6) applies to such other bodies or persons as may be prescribed.
Schedule 6 has effect (for both England and Wales) in relation to the procedure for dealing with proposals under this section and their implementation.
In this section “the relevant body” means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).
The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school, give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.
Before giving a direction under subsection (1), the Secretary of State shall consult—
the local education authority;
any other local education authority who would in his opinion be affected by the discontinuance of the school;
in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and
such other persons as the Secretary of State considers appropriate.
On giving a direction under subsection (1) the Secretary of State shall give notice in writing of the direction to the governing body of the school and its head teacher.
Where a local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in section 31 or 33 applies to any such discontinuance of the school under this section.