Education Act 1996

Modification of trust deeds and other instruments

179Variation of trust deeds etc. by order

(1)The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to him to be requisite in consequence of—

(a)any proposals falling to be implemented under section 40 or section 45 (establishment or alteration of a county or voluntary school);

(b)a transfer of the school to a new site in circumstances falling with section 35(2) or section 41(3);

(c)any order made by him under section 46 (establishment of a new voluntary school in substitution for an old one);

(d)any order made by him under section 47 (transfer of voluntary school to a new site); or

(e)any proposals falling to be implemented under section 171 (discontinuance of a county or voluntary school or maintained nursery school).

(2)Any modification made by an order under this section may be made so as to have permanent effect or to have effect for such period as may be specified in the order.

180Modification of provisions whereby governors of voluntary schools are ex officio trustees

(1)Where a trust deed or other instrument made before 1st July 1981 contains a provision whereby the persons who are for the time being governors of a voluntary school are by virtue of their office trustees of any property held for the purposes of or in connection with the school, that provision shall have effect as if the only governors of the school were the foundation governors and the governors appointed by the local education authority and any minor authority.

(2)Subsection (1) is without prejudice to any power to amend any such provision as is mentioned in that subsection.