School Standards and Framework Act 1998

Part IIE+W New framework for maintained schools

Chapter IE+W Introductory

The new categories of schoolsE+W

20 New categories of maintained schools.E+W

(1)Schools maintained by [F1local authorities] on or after the appointed day shall be divided into the following categories—

(a)community schools;

(b)foundation schools;

(c)voluntary schools, comprising—

(i)voluntary aided schools, and

(ii)voluntary controlled schools;

(d)community special schools; and

(e)foundation special schools.

(2)A school maintained by a [F2local authority] is a school falling within one of the categories set out in subsection (1) if—

(a)it became a school of that category on the appointed day in accordance with Schedule 2 (and has not changed its category under [F3the change of category provisions]); or

(b)it was established as a school of that category under [F4any enactment] (and has not changed its category under [F3the change of category provisions]); or

(c)it has become a school of that category in accordance with [F3the change of category provisions].

[F5(2A)In subsection (2) “the change of category provisions” means—

(a)in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and

(b)in the case of a school in Wales, Schedule 8 to this Act [F6or sections 45 to 55 of, and Schedule 4 to, the School Standards and Organisation (Wales) Act 2013].]

(3)Schedule 2 makes provision for, and in connection with, the allocation to the categories set out in subsection (1) of schools which immediately before the appointed day were (within the meaning of the M1Education Act 1996)—

(a)county, voluntary or maintained special schools, or

(b)grant-maintained or grant-maintained special schools.

(4)As from the appointed day a [F2local authority] shall maintain (as a school falling within one of those categories)—

(a)any school within subsection (3)(a) which was maintained by the authority immediately before that day; and

(b)(subject to subsection (5)) any school within subsection (3)(b) which immediately before that day was situated within the authority’s area.

(5)Where a grant-maintained school within subsection (3)(b)—

(a)was, immediately before becoming such a school, maintained by a [F2local authority] (“the former maintaining authority”) other than the one within whose area it was then situated, and

(b)remains outside the area of the former maintaining authority immediately before the appointed day,

nevertheless, if an order made by the Secretary of State before that day so provides, as from that day the school shall be maintained (as a school falling within one of the categories set out in subsection (1)) by the former maintaining authority rather than the authority in whose area it is situated on that day.

(6)In this section “school” means a primary, secondary or special school, including a nursery school which is a special school but excluding—

(a)a nursery school which is not a special school; and

(b)a pupil referral unit.

(7)In this Act—

• “the appointed day” (except in Part I of Schedule 32) means such day as may be appointed for the purposes of this section by an order made by the Secretary of State;

• “maintained school” means (unless the context otherwise requires) a community, foundation or voluntary school or a community or foundation special school.

(8)Any reference in this Act to the categories set out in subsection (1) or to any such category is to be read, in its application to voluntary schools, as (or as including) a reference to the sub-categories set out in subsection (1)(c)(i) and (ii) or to any such sub-category.

21 Kinds of foundation and voluntary schools and types of foundations.E+W

(1)There may be three kinds of foundation school—

(a)those having a foundation established otherwise than under this Act;

(b)those belonging to a group of schools for which a foundation body acts under this section; and

(c)those not falling within either of paragraphs (a) and (b).

(2)There may be three kinds of voluntary controlled or voluntary aided school—

(a)those having a foundation established otherwise than under this Act;

(b)those belonging to a group of schools for which a foundation body acts under this section; and

(c)those not falling within either of paragraphs (a) and (b) but having been either of the following immediately before the appointed day, namely—

(i)a voluntary school, or

(ii)a grant-maintained school that was a voluntary school immediately before becoming grant-maintained,

within the meaning of the M2Education Act 1996.

(3)For the purposes of this Act—

(a)“foundation”, in relation to a foundation or voluntary school, means—

(i)any body of persons (whether incorporated or not but excluding the governing body) which holds land on trust for the purposes of the school, or

(ii)a foundation body;

(b)a school “has” a foundation if—

(i)such a body of persons exists for holding land on trust for the purposes of the school, or

(ii)the school belongs to a group of schools for which a foundation body acts under this section; and

(c)references to land or other property held on trust, or by trustees, for the purposes of a school include references to land or other property which—

(i)is held on trust for purposes which (whether the trust deed expressly so provides or not) include the purposes of the school, and

(ii)is used for the purposes of the school.

(4)For the purposes of this Act—

(a)“foundation body” means a body corporate established under this section to perform, in relation to three or more schools each of which is either a foundation or a voluntary school, the following functions, namely—

(i)to hold property of those schools for the purposes of the schools, and

(ii)to appoint foundation governors for those schools; and

(b)“the group”, in relation to a foundation body, means the group of three or more schools for which the body performs those functions.

(5)The Secretary of State may by regulations make provision for and in connection with—

(a)the establishment, membership, functions and winding up of a foundation body, and

(b)the steps to be taken in connection with schools joining or leaving the group.

(6)Regulations under subsection (5) may, in particular, make provision—

(a)with respect to the transfer of property, rights and liabilities to and from a foundation body when schools join or leave the group but do not change category F7... [F8under section 19 of the Education and Inspections Act 2006] [F9or in accordance with proposals made under section 45 of the School Standards and Organisation (Wales) Act 2013];

(b)with respect to the revision or replacement of the instruments of government of schools joining or leaving the group in such circumstances and the reconstitution of their governing bodies;

(c)authorising a foundation body to appoint foundation governors to every school in the group;

(d)prescribing a model instrument of government for adoption by a foundation body subject to variations approved by the Secretary of State;

(e)for conferring functions with respect to the resolution of disputes—

(i)between schools in the group, or

(ii)between one or more such schools and a foundation body,

on such person or body as may be specified in the regulations;

(f)in connection with a school leaving the group—

(i)for requiring the publication of proposals F10... [F11under section 19 of the Education and Inspections Act 2006] [F12or under section 48 of the School Standards and Organisation (Wales) Act 2013];

(ii)for enabling the Secretary of State to require the publication under [F13either of those sections] of proposals for the school to become a school of a category specified by him;

F14(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)for the dissolution of a foundation body by order of the Secretary of State;

(h)for enabling the Secretary of State, in the case of any land held by a foundation body immediately before its dissolution which by virtue of this Act could not be disposed of without his consent [F15or to the disposal of which paragraph A9 of Schedule 22 would apply], to determine how that land is to be dealt with on its dissolution;

(i)for conferring functions on F16... adjudicators including any functions which might otherwise be conferred on the Secretary of State.

(7)Regulations made in pursuance of subsection (6)(b) may, in connection with the making or variation of instruments of government in preparation for schools joining or leaving the group, modify paragraph 1 of Schedule 12 in its operation in relation to such instruments of government.

(8)The Secretary of State may, after consulting a foundation body, make an order modifying the instrument of government adopted by that body.

(9)Regulations may make provision for applying to foundation special schools, with or without modifications—

(a)any of the provisions of subsections (3) to (8); or

(b)any provision of Schedule 21 to this Act (transfers of land on appointed day).

22 Maintenance and other funding of schools.E

(1)A [F2local authority] are under a duty to maintain the following schools—

(a)any maintained schools which they are required to maintain by virtue of section 20(4) or (5);

(b)any maintained schools established by themF17...;

(c)any maintained schools established in their areaF18... otherwise than by them or any other [F2local authority]; and

(d)any maintained nursery school established by them.

[F19(2)Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.]

(3)In the case of a community school, a community special school or a maintained nursery school, the [F2local authority]’s duty to maintain the school includes—

(a)the duty of defraying all the expenses of maintaining it, and

(b)the duty of making premises available to be used for the purposes of the school.

(4)In the case of a foundation, voluntary controlled or foundation special school, the [F2local authority]’s duty to maintain the school includes—

(a)the duty of defraying all the expenses of maintaining it, and

(b)the duty, [F20under any enactment of providing new premises for the school].

(5)In the case of a voluntary aided school, the [F2local authority]’s duty to maintain the school includes—

(a)the duty of defraying all the expenses of maintaining it, except any [F21expenditure that by virtue of paragraph 3 of Schedule 3 is to be met] by the governing body, and

(b)the duty, [F22under any enactment of providing new premises for the school].

(6)For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.

(7)Schedule 3 (which makes provision as to the functions of governing bodies, [F1local authorities] and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.

(8)In this Act—

(a)in relation to a school maintained (or proposed to be maintained) by a [F2local authority], “the [F2local authority]” means that authority; and

(b)in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.

(9)In this Act “maintained nursery school” means a nursery school which is maintained by a [F2local authority] and is not a special school.

22 Maintenance and other funding of schools.W

(1)A [F2local authority] are under a duty to maintain the following schools—

(a)any maintained schools which they are required to maintain by virtue of section 20(4) or (5);

F246(b)any maintained schools established by them F247. . . ;

F248(c)any maintained schools established in their area F249. . . otherwise than by them or any other [F2local authority]; and

(d)any maintained nursery school established by them.

[F19(2)Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.]

(3)In the case of a community school, a community special school or a maintained nursery school, the [F2local authority]’s duty to maintain the school includes—

(a)the duty of defraying all the expenses of maintaining it, and

(b)the duty of making premises available to be used for the purposes of the school.

(4)In the case of a foundation, voluntary controlled or foundation special school, the [F2local authority]’s duty to maintain the school includes—

(a)the duty of defraying all the expenses of maintaining it, and

F250(b)the duty, [F251under any enactment of providing new premises for the school].

(5)In the case of a voluntary aided school, the [F2local authority]’s duty to maintain the school includes—

(a)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

F252(b)the duty, [F253under any enactment of providing new premises for the school].

(6)For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.

(7)Schedule 3 (which makes provision as to the functions of governing bodies, [F1local authorities] and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.

(8)In this Act—

(a)in relation to a school maintained (or proposed to be maintained) by a [F2local authority], “the [F2local authority]” means that authority; and

(b)in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.

(9)In this Act “maintained nursery school” means a nursery school which is maintained by a [F2local authority] and is not a special school.

23 Charitable status of maintained schools, etc.E+W

(1)The following shall be charities F23...—

(a)the governing body of any foundation, voluntary or foundation special school; and

(b)any foundation body established under section 21;

but no governing body of a community or community special school shall be a charity.

[F24(1A)Any body to which subsection (1)(a) or (b) applies is, as a result of its inclusion in Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act.]

F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any foundation established otherwise than under this Act which has no property other than the premises of any school or schools falling within subsection (1)(a) shall be a charity [F26and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 as if that provision applied to it.]

(4)In this section—

[F27(a)“institution” has the same meaning as in the Charities Act 2011;]

(b)“premises” includes a teacher’s dwelling-house.

[F2823AFoundation and foundation special schools: requirements as to foundationsE+W

(1)This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.

(2)Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.

(3)Condition B is that the school—

(a)acquired its foundation, or

(b)became a school whose instrument of government provides for the majority of governors to be foundation governors,

in pursuance of proposals falling to be implemented under regulations under section 24 of that Act.

(4)Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 24 of that Act and has an instrument of government providing for the majority of governors to be foundation governors.

(5)No institution may act as the foundation of a school to which this section applies unless—

(a)it is a body corporate of a prescribed description,

(b)it is a charity (whether by virtue of section 23(3) or otherwise), and

(c)it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.

(6)The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.

(7)Where any members of the foundation are to be local authorities or persons appointed by local authorities, the proportion of voting rights exercisable by such members must not exceed 20 per cent. of the total voting rights exercisable by members.

(8)Where any of the charity trustees in relation to the foundation are to be appointed by local authorities—

(a)the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and

(b)the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.

(9)Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.

(10)In this section and section 23B—

• F29...

• “charity trustee”, in relation to a school to which this section applies, means any individual who is for the purposes of [F30the Charities Act 2011] a charity trustee in relation to the school's foundation;

• “foundation” means a foundation established otherwise than under this Act;

• “institution” has the same meaning as in the [F30the Charities Act 2011];

• [F31“local authority” includes a non-metropolitan district council for an area for which there is a county council;]

• “purpose” includes object.

23BPowers of Secretary of State in relation to charity trustees of foundationsE+W

(1)Regulations may make provision enabling the Secretary of State in prescribed cases by direction—

(a)to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;

(b)to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).

(2)Regulations under subsection (1) may make provision as to the effect of a direction given by the Secretary of State under the regulations, and may in particular provide for any such direction to have the same effect as an order of the Charity Commission for England and Wales under [F32section 76 or sections 79 to 81 of the Charities Act 2011] for the removal or appointment of a charity trustee.

(3)Nothing in this section affects the powers of the Charity Commission for England and Wales under any enactment.]

New arrangements for organisation of schoolsE+W

F3324 School organisation committees.E+W

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25 Adjudicators.E+W

(1)The Secretary of State shall appoint for England such number of persons to act as adjudicators for the purposes of this Act as he considers appropriate.

(2)Any matter which by virtue of this Act [F34or Part 2 of the Education and Inspections Act 2006] is required to be referred to “the adjudicator” shall be referred to such person appointed under this section as may be determined in accordance with regulations under Schedule 5.

(3)Accordingly in this Act “the adjudicator”, in relation to any such matter, means the person mentioned in subsection (2).

[F35(3A)When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify.

(3B)The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify—

(a)the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;

(b)the proprietor of any other relevant school.

(3C)A person so requested by the adjudicator to provide information must comply with the request.

(3D)In subsections (3A) and (3B), “relevant school” means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005.]

(4)Schedule 5 has effect in relation to adjudicators.

F3626 School organisation plans.E+W

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F3626A Plans of local learning and skills councils.E+W

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F3626B Plans of National Council.E+W

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F3727 Power to require committees or adjudicators for Wales.E+W

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Chapter IIE+W Establishment, alteration or discontinuance of schools

Mainstream schools maintained by [F1local authorities]E+W

F3928 Proposals for establishment or alteration of community, foundation or voluntary school [F38in Wales].E+W

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F4028AProposals for establishment of community, foundation or voluntary school maintained by English LEAE+W

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F4229Proposals for discontinuance of community, foundation, voluntary or maintained nursery school [F41in Wales].E+W

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30 Notice by governing body to discontinue foundation or voluntary school [F43in England].W

(1)Subject to the following provisions of this section, the governing body of a foundation or voluntary school [F44in England] may discontinue the school by serving on the Secretary of State and the [F2local authority] at least two years’ notice of their intention to do so.

(2)If expenditure has been incurred on the school premises (otherwise than in connection with repairs)—

(a)by the Secretary of State,

(b)by the Funding Agency for Schools,

(c)by any [F2local authority], or

(d)by an authority which was a local education authority within the meaning of any enactment repealed by the M3Education Act 1944 or an earlier Act,

no such notice may be served without the consent of the Secretary of State.

(3)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, [F45consult—

(a)if the school is in England—

(i)the [F46Secretary of State], and

(ii)each local authority which has secured the provision of education for any such persons at the school;

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4)If, while a notice under subsection (1) is in force in respect of a foundation or voluntary school, the governing body inform the [F2local authority] that they are unable or unwilling to carry on the school until the notice expires, the authority—

(a)may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and

(b)shall be entitled to use the school premises free of charge for that purpose.

(5)While the school is being so conducted—

(a)the authority shall keep the school premises in good repair, and

(b)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.

(6)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.

(7)A notice served under subsection (1) may not be withdrawn without the consent of the [F2local authority].

(8)If a foundation or voluntary school is discontinued under this section, the duty of the [F2local authority] to maintain the school as a foundation or voluntary school shall cease.

[F48(9)Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school—

F49(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).]

(10)Where—

(a)land occupied by a foundation or voluntary school is held by any trustees for the purposes of the school, and

(b)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,

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).

(11)The requirements of this subsection are—

(a)that the period of notice must—

(i)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

(ii)in any event must not be less than two years; and

(b)that a copy of the notice must be given to the Secretary of State and the [F2local authority] at the time when the notice is given to the governing body.

(12)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.

(13)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.

Special schools maintained by [F50[F1local authorities] in Wales]E+W

F5231 Proposals for establishment, alteration or discontinuance of community or foundation special school [F51in Wales].E+W

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F5232 Direction requiring discontinuance of community or foundation special school [F53in Wales].E+W

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Further provisions relating to establishment, alteration or discontinuance of schoolsE+W

F5233 Further provisions relating to establishment, alteration or discontinuance of schools [F54in Wales].E+W

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Rationalisation of school placesE+W

F5234 Rationalisation of school places.E+W

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Change of category of schoolE+W

F5235 School [F55in Wales] changing from one category to another.E+W

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Chapter IIIE+W Government of maintained schools

Governing bodiesE+W

F5636 Governing bodies.E+W

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Instruments of governmentE+W

F5637 Instruments of government.E+W

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Functions of governing bodyE+W

F5638 General responsibility of governing body for conduct of school.E+W

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F5639 Additional functions of governing body.E+W

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Control of school premisesE+W

F5640 Control of use of school premises by governing body.E+W

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Fixing of school holidays and times of sessionsE+W

F5641 Responsibility for fixing dates of terms and holidays and times of sessions.E+W

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Reports and parents’ meetingsE+W

F5642 Governors’ reports and other information.E+W

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F5643 Annual parents’ meetings.E+W

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Government of new schoolsE+W

F5644 Arrangements for government of new schools.E+W

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Chapter IVE+W Financing of maintained schools

Budgetary frameworkE+W

45 Maintained schools to have budget shares.E+W

(1)For the purposes of the financing of maintained schools by [F1local authorities], every such school shall have, for each [F57funding period], a budget share which is allocated to it by the authority which maintains it.

[F58(1A)In this Chapter “maintained school” means—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school, F59...

(c)a maintained nursery school [F60, or

(d)a pupil referral unit in England.]]

[F61(1B)In this Chapter “funding period” means a financial year or such other period as may be prescribed.]

(2)Sections [F62 45A to] 47 have effect for determining the amount of a school’s budget share for a [F63funding period].

(3)In this Chapter—

(a)references to schools maintained by a [F2local authority] do not include [F64pupil referral units] [F65in Wales];

[F66(aa)references to the governing body of a maintained school or of a school maintained by a local authority shall be read, in relation to a pupil referral unit in England, as references to the management committee for the unit (in spite of paragraph 1 of Schedule 1 to the Education Act 1996);

(ab)references to governors shall be read, in relation to a pupil referral unit in England, as references to the members of the management committee for the unit;]

(b)references, in a context referring to a [F2local authority], to a maintained school or to a school maintained by such an authority shall be read as including a new school—

(i)which on implementation of proposals under [F67any enactment] will be a community, foundation or voluntary school or a community or foundation special school maintained by the authority, and

(ii)which has a temporary governing body; and

(c)references to the governing body of a maintained school or of a school maintained by a [F2local authority] shall accordingly be read as including the temporary governing body of a new school falling within paragraph (b).

(4)In this Chapter “new school” (without more) has the meaning given by section 72(3).

[F6845ADetermination of specified budgets of [F2local authority] E+W

(1)For the purposes of this Part, a [F2local authority]’s “[F69non-schools education budget]” for a [F70relevant period] is the amount appropriated by the authority for meeting all [F71education] expenditure by the authority in [F72that period] of a class or description prescribed for the purposes of this subsection.

[F73(1A)In subsection (1) “relevant period” means a financial year or such other period as may be prescribed.]

(2)For the purposes of this Part, a [F2local authority]’s “schools budget” for a [F74funding period] is the amount appropriated by the authority for meeting all [F75education] expenditure by the authority in [F76that period] of a class or description prescribed for the purposes of this subsection (which may include expenditure incurred otherwise than in respect of schools).

[F77(2A)The amount referred to in subsection (2) includes the amount of any grant which is appropriated, for meeting the expenditure mentioned in that subsection, in accordance with a condition which—

(a)is imposed under section 16 of the Education Act 2002 (terms on which assistance under section 14 of that Act is given) or any other enactment, and

(b)requires that the grant be applied as part of the authority's schools budget for the funding period.]

(3)For the purposes of this Part, a [F2local authority]’s “individual schools budget” for a [F78funding period] is the amount remaining after deducting from the authority’s schools budget for [F79that period] such planned [F80education] expenditure by the authority in respect of [F79that period] as they may determine should be so deducted in accordance with regulations.

(4)Regulations under subsection (3) may—

(a)prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority’s schools budget;

(b)provide, in relation to any prescribed class or description of expenditure specified in the regulations, that such expenditure may only be deducted subject to either or both of the following, namely—

(i)such limit or limits (however framed) as may be specified by or determined in accordance with the regulations, and

(ii)such other conditions as may be so specified or determined.

[F81(4A)Regulations under subsection (3) may also make provision—

(a)enabling any expenditure falling outside any classes or descriptions of expenditure prescribed by virtue of subsection (4)(a) to be deducted from the authority's schools budget if the deduction of such expenditure is authorised, on the application of the authority, by the authority's schools forum or the Secretary of State, and

(b)enabling any limit or condition that would otherwise apply by virtue of subsection (4)(b)(i) or (ii) to be varied or excluded, on the application of the authority, by the authority's schools forum or the Secretary of State.]

[F82(4B)For the purposes of this Part, the duty imposed on a local authority in England by section 7(1) of the Childcare Act 2006 (duty to secure prescribed early years provision free of charge) is to be treated as [F83an education function of the authority].]

F84(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F85(7)In this section “education expenditure” means expenditure incurred by a local authority in connection with the performance of their education functions.]]

[F8645AAPower to require [F1local authorities] in England to determine schools budgetE+W

(1)Regulations may require a [F2local authority] in England, not later than the prescribed date, to make an initial determination of their schools budget for a funding period.

(2)The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period.

(3)Regulations under subsection (1) may—

(a)authorise or require [F1local authorities] in England to take account of matters arising after the initial determination of their schools budgets for any funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and

(b)require notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the [F2local authority].

F8745ABDuty of [F1local authorities] in Wales to determine schools budgetE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45ACPower to require [F1local authorities] in Wales to determine schools budgetE+W

(1)Regulations may require a [F2local authority] in Wales, not later than the prescribed date, to make an initial determination of their schools budget for a funding period.

(2)The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period.

(3)Regulations under subsection (1) may—

(a)authorise or require [F1local authorities] in Wales to take account of matters arising after the initial determination of their schools budgets for the funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and

(b)require notice of any initial determination or revised determination to be given in accordance with the regulations to the Assembly and to the governing bodies of schools maintained by the [F2local authority].

F88(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F8945BPower of Assembly to set minimum schools budget for [F2local authority] in WalesE+W

(1)If it appears to the National Assembly for Wales that, in all the circumstances, the proposed amount of a [F2local authority]'s schools budget for a funding period is inadequate, the Assembly may, within the period of fourteen days beginning with the schools budget deadline in the funding period preceding that funding period, give the authority a notice under subsection (6) or (7).

(2)In subsection (1), the reference to the proposed amount of a [F2local authority]'s schools budget for a funding period is—

(a)if section 45AB is in force in relation to that funding period, a reference to the amount specified in a notice under section 45AB(1)(b), or

(b)if regulations under section 45AC(1) are in force in relation to that funding period, a reference to such amount, determined by the authority in accordance with those regulations and specified in a notice required by those regulations to be given to the Assembly, as may be prescribed.

(3)If at the schools budget deadline in any funding period, a [F2local authority] in Wales have failed to give the Assembly a notice under section 45AB(1)(b) or a notice required as mentioned in subsection (2)(b), the Assembly may, at any time after that deadline, give the authority a notice under subsection (6) or (7).

(4)In this section “the schools budget deadline”—

(a)in a case falling within subsection (2)(a), has the same meaning as in section 45AB, and

(b)in a case falling within subsection (2)(b), means the time in the funding period preceding the funding period to which the schools budget relates by which regulations under section 45AC(1) require notice of a revised determination of the schools budget to be given to the Assembly.

(5)In this section and section 45C “the period under consideration” means the funding period to which the notice mentioned in subsection (2)(a) or (b) relates or, in a case falling within subsection (3), the funding period in relation to which such a notice ought to have been given.

(6)A notice under this subsection is a notice determining the minimum amount of the authority's schools budget for the period under consideration.

(7)A notice under this subsection is a notice which—

(a)specifies the amount which the Assembly would have determined as the minimum amount of the authority's schools budget for the period under consideration if the Assembly had acted under subsection (4), and

(b)states the Assembly's intention to determine the minimum amount of the authority's schools budget for the following funding period.

(8)A notice under subsection (6) or (7) must include a statement of the Assembly's reasons for giving the notice.

(9)The Assembly may act under different subsections in relation to different authorities.]

[F8945CEffect of notice under section 45B(6)E+W

(1)The [F2local authority] may, within the period of fourteen days beginning with the date of a notice under section 45B(6), give the National Assembly for Wales notice of their objection to the Assembly's determination, giving reasons for their objection.

(2)Where the [F2local authority] have given notice of their objection under subsection (1), the notice under section 45B(6) shall cease to have effect, but the Assembly may by order prescribe the minimum amount of the authority's schools budget for the period under consideration.

(3)The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(6).

(4)An order under subsection (2) may relate to two or more authorities.

(5)Where—

(a)a notice under section 45B(6) has been given to a [F2local authority] and no notice of objection has been given during the period specified in subsection (1), or

(b)an order has been made under subsection (2),

the [F2local authority] shall determine a schools budget for the period under consideration which is not less than the amount specified in relation to the authority in the notice or order.]

[F8945DPower of Assembly to repeal Wales-only school funding provisionsE+W

The Assembly may by order—

(a)repeal any of the following provisions—

• section 45AB,

• section 45AC(4), and

• sections 45B and 45C, and

(b)make any amendments of the other provisions of this Chapter which appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).]

F9046Determination of LEA’s local schools budget and individual schools budget.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47 Determination of school’s budget share.E+W

(1)For the purposes of this Part a maintained school’s budget share for a [F91funding period] is such amount as the [F2local authority] may determine, in accordance with regulations, to allocate to the school out of the authority’s individual schools budget for [F92that period].

(2)Regulations under this section may, in particular, make provision—

(a)as to the time when schools’ budget shares are to be initially determined by [F1local authorities];

(b)specifying—

(i)factors or criteria which such authorities are to take into account, or

(ii)requirements as to other matters with which such authorities are to comply,

in determining such shares, whether generally or in such cases as are specified in the regulations;

(c)requiring adjustments to be made to such shares by such authorities in respect of—

(i)pupils permanently excluded from schools maintained by them, or

(ii)pupils admitted to schools maintained by them who have been permanently excluded from other maintained schools;

(d)as to the treatment of new schools, including provision authorising the determination of nil amounts as the budget shares of such schools;

[F93(dd)authorising or requiring such authorities to take account of matters arising after the initial determination of budget shares for a funding period but before the beginning of the funding period, by redetermining budget shares for that period in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;]

(e)authorising or requiring such authorities to take account of matters arising during the course of a [F94funding period]—

(i)by redetermining budget shares for that [F95funding period], or

(ii)by making adjustments to such shares for the following [F95funding period],

in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;

(f)requiring consultation to be carried out by such authorities in relation to the factors or criteria which are to be taken into account in determining such shares and as to the time and manner of such consultation;

[F96(ff)requiring notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the authority in question;]

[F97(g)authorising [F1local authorities] in prescribed cases to determine (or redetermine) budget shares, to such extent as may be prescribed, in accordance with arrangements approved by the authority's schools forum or the Secretary of State in accordance with the regulations (in place of the arrangements provided for by the regulations);]

[F98(2A)The time by which regulations made in pursuance of subsection (2)(a) require an initial determination of schools' budget shares for a funding period to be made may be up to 48 months before the beginning of the funding period.]

(3)Regulations made in pursuance of subsection (2)(c) may provide for the adjustments to be made on such basis as may be prescribed, which may involve the deduction from one school’s budget share of an amount which is greater or less than that allocated to another school’s budget share in respect of the excluded pupil.

[F9947ZAFree of charge early years provision outside a maintained school: budgetary framework: EnglandE+W

(1)This section applies where a local authority in England propose to allocate an amount of relevant financial assistance to a relevant childcare provider for a funding period out of the authority's individual schools budget for the period.

(2)The amount to be allocated is to be determined in accordance with regulations.

(3)Financial assistance provided by a local authority in England to a childcare provider is “relevant” financial assistance if it is provided—

(a)for the purpose of the discharge of the authority's duty under section 7 of the Childcare Act 2006, and

(b)in respect of the provision of childcare.

(4)Regulations under this section may, in particular—

(a)specify factors or criteria which an authority are to take into account in determining the amount of any relevant financial assistance to be provided by them to a relevant childcare provider;

(b)specify factors or criteria which an authority are to disregard in determining such an amount;

(c)specify requirements as to other matters with which an authority are to comply in determining such an amount;

(d)make provision about consultation to be carried out by an authority in connection with determining such an amount;

(e)authorise an authority, in prescribed circumstances and to a prescribed extent, to determine such an amount in accordance with arrangements approved by the Secretary of State (instead of in accordance with arrangements provided for by the regulations);

(f)require an authority to provide relevant childcare providers with prescribed information relating to their determination of such an amount;

(g)make provision about the circumstances in which an authority are required to redetermine such an amount;

(h)specify a time by which an authority's determination of such an amount is to take place.

(5)For the purposes of this section—

(a)“childcare” has the meaning given in section 18 of the Childcare Act 2006;

(b)“relevant childcare provider” means a provider of childcare other than the governing body of a maintained school;

(c)a reference to an authority's determination of the amount of any relevant financial assistance includes a reference to the authority's redetermination of such an amount.]

[F100Schools forums]E+W

[F10047A Schools forumsE+W

(1)[F101Every [F2local authority] shall in accordance with regulations establish for their area before such date as may be prescribed a body, to be known as a schools forum, representing the governing bodies and head teachers of schools maintained by the authority and, if the authority so determine, also representing such bodies as the authority may from time to time in accordance with regulations determine.]

[F101Every [F2local authority] must, in accordance with regulations, establish for their area a body to be known as a schools forum.]

(2)Subsection (1) does not apply in relation to the Common Council of the City of London or the Council of the Isles of Scilly.

[F102(3)The purpose of a schools forum is—

(a)to advise the relevant authority on such matters relating to the authority's schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection, and

(b)to exercise any [F103other function that may be imposed on the schools forum by or under this Chapter].]

[F104(3A)In exercising its functions, a schools forum is to have regard to any children and young people's plan prepared by the local Children's Trust Board.]

(4)Regulations under section 45A(3) or under subsection (3) may include provision requiring a relevant authority to have regard to advice given by their schools forum, or requiring a relevant authority to consult their schools forum in relation to prescribed matters or before taking prescribed decisions.

[F105(4A)Regulations must provide for a schools forum to include—

(a)members representing governing bodies of schools maintained by the relevant authority, and

(b)members representing head teachers of such schools.

(4B)Regulations may provide for a schools forum to include—

(a)members representing such other persons—

(i)as may be prescribed, or

(ii)as the relevant authority may from time to time, in accordance with regulations, determine, and

(b)other members,

and may make further provision as to the constitution of a schools forum.]

(5)Regulations may make provision as to [F106the constitution], meetings and proceedings of a schools forum.

F107(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Regulations may make provision with respect to expenses of a schools forum.

(8)Except as provided by regulations, the expenses of a schools forum shall be defrayed by the relevant authority.

[F108(9)In this section “relevant authority”, in relation to a schools forum, means the [F2local authority] by whom the forum is established.]

[F109(10)In this section—

(a)a “children and young people's plan” means a plan published by a Children's Trust Board under section 17 of the Children Act 2004;

(b)“the local Children's Trust Board”, in relation to a schools forum, is the Children's Trust Board established by arrangements made under section 10 of that Act by the relevant authority F110....]]

[F2Local authority] schemesE+W

48 [F1Local authorities]’ financial schemes.E+W

(1)Each [F2local authority] shall [F111maintain] a scheme dealing with such matters connected with the financing of the schools maintained by the authority [F112or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.)] as are required to be dealt with in the scheme by or by virtue of—

(a)regulations made by the Secretary of State; or

(b)any provision of this Part.

(2)Regulations under subsection (1) may, in particular, require a scheme to deal with—

(a)the carrying forward from one [F113funding period] to another of surpluses and deficits arising in relation to schools’ budget shares;

(b)amounts which may be charged against schools’ budget shares;

(c)amounts received by schools which may be retained by their governing bodies and the purposes for which such amounts may be used;

(d)the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the management of their delegated budgets, including conditions prescribing financial controls and procedures;

[F114(dd)the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures;]

(e)terms on which services and facilities are provided by the authority for schools maintained by them.

(3)Where there is any inconsistency between a scheme [F115maintained] by a [F2local authority] under subsection (1) and any other rules or regulations made by the authority which relate to the funding or financial management of schools which they maintain, the terms of the scheme shall prevail.

(4)Schedule 14 (which provides for F116... the revision of schemes) shall have effect.

(5)In this Part any reference to “the scheme”, in relation to a maintained school, is a reference to [F117the scheme for the time being maintained under this section].

Financial delegationE+W

49 Maintained schools to have delegated budgets.E+W

(1)Every maintained school shall have a delegated budget.

[F118(2)A new school shall have a delegated budget from a date determined in accordance with regulations.

(2A)Regulations under subsection (2) may—

(a)enable the date that would otherwise apply by virtue of the regulations to be varied in accordance with the regulations, on the application of the [F2local authority], by the authority's schools forum or by the Secretary of State, and

(b)make provision about the respective powers of the schools forum and the Secretary of State in relation to any application to vary that date.]

F118(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subject to—

(a)section 50 (right of governing body to spend budget share where school has a delegated budget),

(b)paragraph 4 of Schedule 15 (power of governing body to spend amounts out of budget share where delegation of budget suspended),

(c)section 489(2) of the M4Education Act 1996 (education standards grants), and

(d)any provisions of the scheme,

a [F2local authority] may not delegate to the governing body of any maintained school the power to spend any part of the authority’s [F119[F120non-schools education budget] or schools budget].

(5)Any amount made available by a [F2local authority] to the governing body of a maintained school (whether under section 50 or otherwise)—

(a)shall remain the property of the authority until spent by the governing body or the head teacher; and

(b)when spent by the governing body or the head teacher, shall be taken to be spent by them or him as the authority’s agent.

(6)Subsection (5)(b) does not apply to any such amount where it is spent—

(a)by way of repayment of the principal of, or interest on, a loan, or

(b)(in the case of a voluntary aided school) to meet [F121expenses payable by the governing body under paragraph 3(1) or (2) of Schedule 3] [F121expenditure payable by the governing body under paragraph 3(1) of Schedule 3] [F122, F123... or paragraph 8 of Schedule 8 to the Education Act 2002] [F124section 75(2)(b) of, or paragraph 4 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013].

(7)In this Part—

(a)references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school’s budget share; and

(b)where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.

50 Effect of financial delegation.E+W

(1)Where a maintained school has a delegated budget in respect of the whole or part of a [F125funding period] the [F2local authority] shall secure that in respect of [F126that period] there is available to be spent by the governing body—

(a)where the school has a delegated budget in respect of the whole of that [F127period], a sum equal to the school’s budget share for the [F127period], or

(b)where the school has a delegated budget in respect of only part of that [F128period], a sum equal to that portion of the school’s budget share for the [F128period] which has not been spent.

(2)The times at which, and the manner in which, any amounts are made available by the authority to the governing body in respect of any such sum shall be such as may be provided by or under the scheme.

(3)Subject to any provision made by or under the scheme, the governing body may spend any such amounts as they think fit—

(a)for any purposes of the school; or

(b)(subject also to any prescribed conditions) for such purposes as may be prescribed.

[F129(3A)In the case of a school in England—

(a)subject to regulations under paragraph (b) below, subsection (3)(a) has effect as if amounts spent on providing facilities or services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc) were spent for purposes of the school;

(b)regulations may impose restrictions as to the matters on which amounts may be spent under subsection (3)(a).]

(4)[F130In the case of a school in Wales, “purposes of the school” in subsection (3)] does not include purposes wholly referable to the provision of—

[F131(za)facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),]

(a)part-time education suitable to the requirements of persons of any age over compulsory school age, or

(b)full-time education suitable to the requirements of persons who have attained the age of 19;

but any such purposes may be prescribed by regulations under paragraph (b) of that subsection.

(5)Nothing in subsection (3) shall be read as authorising the payment of allowances to governors otherwise than in accordance with regulations [F132under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act).]

(6)The governing body may delegate to the head teacher, to such extent as may be permitted by or under the scheme, their powers under subsection (3) in relation to any amount such as is mentioned in that subsection.

(7)The governors of a school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under subsection (3) or (6).

Suspension of financial delegationE+W

51 Suspension of financial delegation for mismanagement etc.E+W

Schedule 15 (which provides for the suspension by a [F2local authority] of a governing body’s right to a delegated budget in the case of failure to comply with requirements as to delegation or of financial mismanagement, etc.) shall have effect.

[F133Expenditure incurred for community purposes]E+W

[F13451A Expenditure incurred for community purposesE+W

(1)Expenditure incurred by the governing body of a maintained school [F135in Wales] in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the [F2local authority] may be recovered by them from the governing body.

(2)Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school [F136in Wales] in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any [F137funding period].

(3)Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under F138... Schedule 15 [F139or section 8 of the School Standards and Organisation (Wales) Act 2013], as well as a time when it does have a delegated budget.]

InformationE+W

52[F140Financial statements: Wales.]E+W

(1)Before the beginning of each [F141financial year] [F141prescribed period] a [F2local authority] [F142in Wales] shall prepare a statement containing such information relating to their planned [F143education] expenditure in [F144that year] [F144that period] as may be prescribed.

[F145(1A)The periods prescribed for the purposes of subsection (1)—

(a)must consist of one or more funding periods, and

(b)may include funding periods in respect of which (by virtue of their inclusion in one or more earlier periods prescribed for the purposes of that subsection) information relating to planned [F143education] expenditure has previously been required under that subsection.]

(2)After the end of each [F146financial year] [F146prescribed period] a [F2local authority] [F147in Wales] shall prepare a statement containing such information with respect to the following matters as may be prescribed—

(a)the planned [F143education] expenditure in that [F148year] [F148period] specified in the statement prepared by the authority under subsection (1),

(b)[F143education] expenditure actually incurred, or treated by the authority as having been incurred, by them in the [F148year] [F148period], [F149and]

(c)any other resources allocated by the authority in the [F148year] [F148period] to schools maintained by them during any part of the [F148year] [F148period]. [F150and

(d)accountable resources held, received or expended in the [F148year] [F148period] by any person in relation to a school maintained by the authority.]

[F151(2A)In subsection (2)(d), “accountable resources”, in relation to a maintained school, means any resources which are not provided by the [F2local authority] but in respect of which an obligation is imposed on the governing body of the school by virtue of regulations under section 44 of the Education Act 2002 (accounts of maintained schools).]

[F152(2B)The periods prescribed for the purposes of subsection (2) must consist of one or more funding periods.]

(3)A statement under this section shall—

(a)be prepared in such form, and

(b)be published in such manner and at such times,

as may be prescribed.

(4)The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of each statement prepared by the authority under this section or, if regulations so provide, with a copy of such part or parts of it as may be prescribed.

(5)A governing body provided with such a copy under subsection (4) shall secure that a copy of it is available for inspection (at all reasonable times and free of charge) at the school.

(6)Subsection (5) does not apply to a temporary governing body of a new school at any time before the school opening date.

[F153(7)In this section “education expenditure” has the same meaning as in section 45A.]

F15453 Certification of statements by Audit Commission.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15553ACertification of statements by Auditor General for WalesE+W

(1)A [F2local authority] in Wales shall, if directed to do so by the National Assembly for Wales, require the Auditor General for Wales to make arrangements in accordance with section 96B(1)(d) of the Government of Wales Act 1998 for certifying—

(a)such statement or statements prepared by the authority under section 52 above, or

(b)such part or parts of any such statement or statements,

as may be specified in the directions; and for the purposes of section 96B(1)(d) of that Act any statement under section 52 above shall be regarded as a return by the authority.

(2)The arrangements made by the Auditor General for Wales in pursuance of subsection (1) shall include arrangements for sending to the National Assembly for Wales—

(a)a copy of the statement or statements so certified, or

(b)a copy of the part or parts so certified,

as the case may be.

(3)Directions given under subsection (1) may relate to any [F2local authority] or to [F1local authorities] generally or to any class or description of such authority.]

Chapter VE+W Staffing and conduct of schools

Staffing of schoolsE+W

F15654 Staffing of community, voluntary controlled and community special schools.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15655 Staffing of foundation, voluntary aided and foundation special schools.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15656 Staffing for non-school activities.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15657 Payments in respect of dismissal, etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment and dismissal of teachers of religious education [F157etc]E+W

58 Appointment and dismissal of certain teachers at schools with a religious character [F158: England].E+W

(1)In this section—

(a)subsections (2) to (6) apply to a foundation or voluntary controlled school [F159in England] which has a religious character; and

(b)subsection (7) applies (subject to subsection (8)) to a voluntary aided school [F160in England] which has a religious character;

and references in this Chapter to a school which has (or does not have) a religious character shall be construed [F161in relation to a school in England,] in accordance with [F162section 68A and] section 69(3).

(2)Where the number of [F163teachers at] a school to which this subsection applies is more than two, [F164the teachers shall] include persons who—

(a)are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and

(b)are specifically appointed to do so.

(3)The number of reserved teachers in such a school shall not exceed one-fifth of [F165the total number of teachers], including the head teacher (and for this purpose, where [F165the total number of teachers] is not a multiple of five, it shall be treated as if it were the next higher multiple of five).

F166(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—

(a)shall consult the foundation governors, and

(b)shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).

(6)If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they [F167may—

(a)in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and

(b)in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.]

(7)If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the [F2local authority].

(8)Subsection (7) does not apply—

(a)where the school has a delegated budget, or

(b)to religious education in accordance with an agreed syllabus.

(9)In this section—

• “the appropriate body” means—

  (a)

  in relation to a foundation school, the governing body, and

  (b)

  in relation to a voluntary controlled school, the [F2local authority];

• “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed [F168or engaged] at the school in pursuance of subsection (2).