SCHEDULES

Section 11.

SCHEDULE 1Provisions relating to an Education Action Forum

Powers

1(1)An Education Action Forum may, subject to sub-paragraph (2), do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.

(2)A Forum shall not have power to borrow money.

Chairman

2The members of an Education Action Forum shall elect one of their number to be chairman of the Forum, who shall hold office for such period as is specified in the order by which the Forum is established under section 10(1).

Committees

3An Education Action Forum may—

(a)establish a committee for any purpose; and

(b)authorise any such committee to exercise such of its functions as it may determine.

Proceedings

4The Secretary of State may by regulations make provision as to the meetings and proceedings of an Education Action Forum.

5The validity of the proceedings of an Education Action Forum shall not be affected by a vacancy among the members or any defect in the appointment of a member.

6Subject to the preceding provisions of this Schedule, an Education Action Forum may regulate its own procedure and that of any of its committees.

Accounts

7(1)It shall be the duty of an Education Action Forum—

(a)to keep proper accounts and proper records in relation to the accounts,

(b)to prepare in respect of each financial year of the Forum a statement of accounts, and

(c)to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2)The statement of accounts shall comply with any directions given by the Secretary of State as to—

(a)the information to be contained in it,

(b)the manner in which the information contained in it is to be presented, or

(c)the methods and principles according to which the statement is to be prepared.

(3)The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(4)In this paragraph “financial year” means the period beginning with the date on which the Forum is established and ending with the 31st March following that date, and each successive period of twelve months.

Application of seal and proof of instruments

8The application of the seal of an Education Action Forum shall be authenticated by the signature—

(a)of the chairman or of some other person authorised either generally or specially by the Forum to act for that purpose, and

(b)of one other member.

9Every document purporting to be an instrument made or issued by or on behalf of an Education Action Forum and to be duly executed under the seal of the Forum, or to be signed or executed by a person authorised by the Forum to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Charitable status

10An Education Action Forum shall be a charity which is an exempt charity for the purposes of the [1993 c. 10.] Charities Act 1993.

Section 20.

SCHEDULE 2Allocation of existing schools to new categories

Allocation of LEA-maintained schools

1A school which immediately before the appointed day is (within the meaning of the [1996 c. 56.] Education Act 1996)—

(a)a county school,

(b)a controlled, aided or special agreement school, or

(c)a maintained special school,

shall become on that day a school of the category to which it is allocated by the following table.

Allocation of grant-maintained and grant-maintained special schools

2A school which immediately before the appointed day is (within the meaning of the [1996 c. 56.] Education Act 1996)—

(a)a grant-maintained school, or

(b)a grant-maintained special school,

shall become on that day a school of the category to which it is to be allocated in accordance with the following paragraphs of this Schedule.

Indicative allocation of schools within paragraph 2

3For the purposes of this Schedule the indicative allocation of a school within paragraph 2 is shown in the following table.

Any reference in the first column to a school of a particular description is a reference to a school of that description within the meaning of the Education Act 1996.

Preliminary decision by governing body as to new category

4(1)The governing body of a school within paragraph 2 shall in the first instance take a decision (their “preliminary decision”) on the question whether—

(a)to accept the school’s allocation to a particular category in accordance with its indicative allocation, or

(b)to opt for it to be allocated to a different category.

(2)Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their preliminary decisions under sub-paragraph (1).

(3)Regulations under sub-paragraph (2) may, in particular, make provision—

(a)as to the consultation to be carried out by governing bodies before taking their preliminary decisions;

(b)as to the time by which governing bodies are to take such decisions;

(c)as to the notification of such decisions to prescribed persons;

(d)as to the provision of prescribed information to prescribed persons;

(e)authorising governing bodies to charge a fee (not exceeding the cost of supply) for prescribed documents supplied by them in pursuance of regulations made by virtue of paragraph (d);

(f)requiring the holding of ballots of registered parents in prescribed cases;

(g)enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot void and require the holding of a fresh ballot;

(h)as to the conduct of ballots held under the regulations;

(i)specifying criteria for determining, for the purposes of the regulations and this Schedule, the result of any such ballot.

Final decision by governing body as to new category

5(1)Where—

(a)the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

(b)the result of a ballot held by virtue of that paragraph does not accord with that decision,

the governing body shall reconsider the question set out in that sub-paragraph, having regard to the result of the ballot, and shall then take a further decision on that question.

(2)Where—

(a)the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

(b)either—

(i)a ballot was held by virtue of that paragraph whose result (if any) was not to disagree with that decision, or

(ii)no such ballot was required to be held,

the governing body shall take a further decision confirming their preliminary decision.

(3)Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their final decisions (including, in particular, provision as to the time by which governing bodies are to take such decisions).

(4)In this Schedule any reference to a governing body’s “final decision” is a reference to any such further decision as is required by sub-paragraph (1) or (2).

Notification of final decision

6(1)Once the governing body of a school within paragraph 2 have taken their final decision, they shall give written notification of that decision to the Secretary of State.

(2)Regulations may make provision—

(a)requiring governing bodies—

(i)when giving such notifications, to certify such matters as may be specified in the regulations, and

(ii)to provide such information to such persons as may be so specified;

(b)as to the time by which such notifications are to be given or such information is to be provided.

Final determination of new category

7(1)If—

(a)the final decision of the governing body of a school within paragraph 2 accorded with the school’s indicative allocation, and

(b)either—

(i)a ballot was held by virtue of paragraph 4 whose result (if any) was not to disagree with that allocation, or

(ii)no such ballot was required to be held,

the school shall be allocated to the category provided for by its indicative allocation.

(2)If in the case of a school within paragraph 2—

(a)the final decision of the governing body, or

(b)the result of a ballot held by virtue of paragraph 4,

did not accord with the school’s indicative allocation, the school shall be allocated to such category (whether or not that provided for by its indicative allocation) as the Secretary of State may determine in conformity with regulations under paragraph 8.

(3)The Secretary of State shall notify the governing body of each school within paragraph 2 of the category to which it is allocated in accordance with this paragraph.

Restrictions on decisions as to categories

8Regulations may make provision for prohibiting a school of any description specified in the regulations—

(a)from being allocated under paragraph 7 to a category so specified; or

(b)from being so allocated unless such conditions are satisfied as are so specified.

Transitional arrangements: schools within paragraph 2

9(1)Where the category to which a school within paragraph 2 is to be allocated has not been finally determined, in accordance with the preceding paragraphs of this Schedule, by the appointed day, the school shall be taken to be allocated on that day to the category provided for by its indicative allocation.

(2)Sub-paragraph (1) does not prevent such a school from being subsequently allocated to a different category in accordance with paragraph 7.

(3)Where such a school is subsequently so allocated, section 20(2)(a) shall apply to it as if it had been allocated to the category in question on the appointed day.

Transitional arrangements: general

10(1)Regulations may make such provision as the Secretary of State considers appropriate in connection with the allocation to the new categories of maintained schools of schools—

(a)to which paragraph 9(1) applies; or

(b)whose school opening date falls on or after the date of the passing of this Act; or

(c)in relation to which a duty to implement proposals to discontinue the school has arisen, or a notice to discontinue the school has been given; or

(d)in relation to which a notice has been given under section 272 of the [1996 c. 56.] Education Act 1996 (school unsuitable to continue as grant-maintained school) which contains such a statement as is mentioned in subsection (3) or (5)(b) of that section.

(2)Regulations under sub-paragraph (1) may provide that any provision of the Education Acts shall apply to any such school with such modifications as are specified in the regulations.

Effect of allocation

11The allocation of a school to a particular category under this Schedule shall not be taken as authorising or requiring any change as from the appointed day in the character of the school conducted by its governing body (including, in particular, any religious character of the school).

Section 22.

SCHEDULE 3Funding of foundation, voluntary and foundation special schools

Part IFoundation, voluntary controlled and foundation special schools

Obligations of governing bodies

1(1)The governing body of a foundation, voluntary controlled or foundation special school are (in accordance with section 22(4)) not responsible for any of the expenses of maintaining the school.

(2)Sub-paragraph (1) does not apply to the repayment of the principal of, or interest on, a loan made to the governing body.

Obligations of LEAs as regards provision of sites and buildings (otherwise than in connection with statutory proposals)

2(1)In the case of a foundation, voluntary controlled or foundation special school, the local education authority shall provide—

(a)any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site), and

(b)any buildings which are to form part of the school premises.

(2)Sub-paragraph (1) does not—

(a)apply in relation to the provision of any site or buildings which the authority or promoters are required to provide by virtue of Part III of Schedule 6 (provision of premises in connection with statutory proposals); or

(b)require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

(3)Where a site is provided for a school under this paragraph, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—

(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

(4)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

(5)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(6)Where—

(a)a transfer is made under this paragraph, and

(b)the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,

those persons shall notify the local education authority that paragraph (b) applies to them and they or their successors shall pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.

(7)In sub-paragraph (6)(b) the reference to proceeds of the sale of other premises includes a reference to—

(a)consideration for the creation or disposition of any kind of interest in other premises, including rent; and

(b)interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (6) regard shall be had to any guidance given from time to time by the Secretary of State.

(8)Any sum paid under sub-paragraph (6) shall be treated for the purposes of section 14 of the [1841 c. 38.] Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(9)A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the [1987 c. 15.] Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—

(a)the determination is made by the Secretary of State, and

(b)he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

(10)Sub-paragraph (6) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (6)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to that sum.

(11)In this paragraph—

• “the relevant purposes” means—

  (a)

  in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts, and

  (b)

  in relation to a transfer to a school’s governing body, the purposes of the school;

• “site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Part IIVoluntary aided schools

Obligations of governing bodies

3(1)In the case of a voluntary aided school, the expenses of discharging any liability incurred by or on behalf of—

(a)the governing body of the school,

(b)any former governors of the school, or

(c)any trustees of the school,

in connection with the provision of premises or specified equipment for the purposes of the school are payable by the governing body of the school.

In this sub-paragraph “specified equipment” means equipment of any description specified by the Secretary of State for the purposes of this sub-paragraph.

(2)In addition, any expenses incurred—

(a)in making to the school buildings of a voluntary aided school such alterations as may be required by the local education authority for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the [1996 c. 56.] Education Act 1996, or

(b)in effecting repairs to the school buildings, other than repairs falling within sub-paragraph (3),

are payable by the governing body of the school.

(3)The governing body of a voluntary aided school are not responsible—

(a)for repairs to the interior of the school buildings, or

(b)for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the local education authority, for purposes other than those of the school.

(4)Nothing in this paragraph imposes on the governing body of a voluntary aided school which was (either before or after the appointed day) a school of a different description any obligation in respect of a liability incurred at any time before the school became a voluntary aided school if at that time no obligation in respect of that liability was imposed on them, as the governing body of a school of that description, under this Act or the [1996 c. 56.] Education Act 1996, as the case may be.

Obligations of LEAs as regards provision of sites (otherwise than in connection with statutory proposals)

4(1)In the case of a voluntary aided school, the local education authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).

(2)Sub-paragraph (1) does not—

(a)apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of Part III of Schedule 6 (provision of premises in connection with statutory proposals); or

(b)require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

(3)Where a site is provided for a school under this paragraph, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—

(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body to be held by that body for the relevant purposes.

(4)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

(5)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(6)Where—

(a)a site is provided for a school under this paragraph, and

(b)work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,

the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.

(7)Where—

(a)a site is provided for a school under this paragraph, and

(b)there are buildings on the site which are of value for the purposes of the school,

the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the school buildings.

(8)Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.

(9)In this paragraph—

• “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts;

• “site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Grants by Secretary of State in respect of expenditure on premises or equipment

5(1)The Secretary of State may make grants—

(a)to the governing body of a voluntary aided school in respect of qualifying expenditure incurred by them; or

(b)to a relevant body in the case of such a school, in respect of qualifying expenditure incurred by that body on behalf of the governing body.

(2)In sub-paragraph (1) “qualifying expenditure” means expenditure in respect of the provision, alteration or repair of premises or equipment for the school.

(3)The amount of any grant paid under this paragraph in respect of any such expenditure—

(a)shall not exceed 85 per cent. of the expenditure, and

(b)in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations.

(4)The times at which, and the manner in which, payments are made in respect of a grant under this paragraph shall be such as may be determined from time to time by the Secretary of State.

(5)Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this paragraph to make grants in respect of expenditure on—

(a)such alterations to school buildings as are referred to in paragraph 3(2)(a), or

(b)the repair of school buildings,

give priority to paying grants in respect of expenditure which is necessary for the performance by governing bodies of their duties; and the amount of any grant paid in the exercise of that power in respect of such expenditure on the repair of school buildings shall be 85 per cent. of the expenditure.

(6)Any body to whom any payment is made in respect of a grant under this paragraph shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

(7)Such requirements—

(a)may be imposed on, or at any time after, the making of any payment by reference to which they are imposed, and

(b)may at any time be waived, removed or varied by the Secretary of State;

but such requirements may be imposed after the making of any such payment only if the Secretary of State is satisfied that in all the circumstances it is reasonable for them to be so imposed.

(8)Such requirements may, in particular, if any conditions specified in the requirements are satisfied—

(a)require the application for purposes connected with the provision of education in appropriate schools of—

(i)any premises or equipment in respect of which the grant has been paid under this paragraph, or

(ii)an amount equal to so much of the value of any such premises or equipment as is determined in accordance with the requirements to be properly attributable to the payment of the grant; and

(b)in the event that that requirement is not complied with, require the payment to the Secretary of State of the whole or any part of the following amount.

(9)That amount is—

(a)the amount of the payments made in respect of the grant under this paragraph, or

(b)the amount mentioned in sub-paragraph (8)(a)(ii),

whichever the Secretary of State determines to be just.

(10)When deciding whether to make any grant to a body under this paragraph in circumstances where he considers that it would be appropriate to impose requirements falling within sub-paragraph (8), the Secretary of State may have regard to whether, if such requirements were imposed, that body would have an enforceable right against some other person to be given by that person such financial assistance as would be necessary to enable them to pay to the Secretary of State the amount mentioned in sub-paragraph (9).

(11)No grant may be paid under this paragraph in respect of any expenses incurred in the provision of any premises which it is the duty of the local education authority to provide.

(12)In this paragraph—

• “appropriate schools”—

  (a)

  in relation to a voluntary aided school having a religious character, means schools which are either foundation or voluntary schools and whose specified religion or religious denomination under section 69(4) is the same as that school's, and

  (b)

  in relation to any other voluntary aided school, means maintained schools;

• “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees;

• “repair” does not include repair falling within paragraph 3(3).

Grants by Secretary of State in respect of preliminary expenditure

6(1)The Secretary of State may pay grants—

(a)to the governing body of a voluntary aided school in respect of preliminary expenditure incurred by them for the purposes of any scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises, or

(b)to a relevant body in the case of such a school, in respect of any preliminary expenditure incurred by them, on behalf of the governing body, for the purposes of any such scheme.

(2)Where any persons propose or are considering whether to propose the establishment of a voluntary aided school, the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be school buildings.

(3)Grants under sub-paragraph (1) or (2) may be paid in respect of a scheme such as is mentioned in that sub-paragraph whether or not—

(a)the details of such a scheme had been formulated at the time when the expenditure was incurred,

(b)where such details were not formulated at that time, they are subsequently formulated,

(c)the governing body or persons in question had determined to proceed with such a scheme at that time, or

(d)where they had not determined to proceed with such a scheme at that time, they subsequently determine to proceed with such a scheme.

(4)Expenditure in respect of which such grants are payable includes, in particular, costs incurred in connection with—

(a)the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be school buildings, and

(b)estimating the sums which would be expended if any such works were carried out,

but does not include any sums expended in carrying out any such works.

(5)A grant under sub-paragraph (1) or (2) shall not exceed 85 per cent. of the expenditure in respect of which it is paid.

(6)Where—

(a)a grant is paid under sub-paragraph (1) in the case of any voluntary aided school, or

(b)a grant is paid under sub-paragraph (2) in the case of any school which is established as a voluntary aided school,

the grant shall for the purposes of section 30(2) be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.

(7)In this paragraph “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees.

Loans by Secretary of State in respect of initial expenses

7(1)Where, on the application of the governing body of a voluntary aided school and after consulting persons representing the governing body, the Secretary of State—

(a)is satisfied that the governing body’s share of any initial expenses required in connection with the school premises will involve capital expenditure, and

(b)having regard to all the circumstances of the case, considers that that expenditure ought properly to be met by borrowing,

he may make a loan to the governing body for the purpose of helping them meet that expenditure.

(2)The amount, rate of interest and other terms and conditions applicable to the loan shall be such as may be specified in an agreement made between the Secretary of State and the governing body with the consent of the Treasury.

(3)For the purposes of this paragraph “initial expenses” are expenses to be incurred in providing—

(a)a site or school buildings for a voluntary aided school in connection with—

(i)the implementation of any proposals for a prescribed alteration to the school published under section 28, or

(ii)the transfer of the school to a new site, or

(b)a site or school buildings for a new voluntary aided school,

being expenses in respect of which grants may be paid under paragraph 5.

(4)For the purposes of this paragraph the governing body’s share of any initial expenses shall be taken to be so much of the expenses as remains to be borne by the governing body after taking into account the amount of any grant under paragraph 5 that may be paid or payable in respect of them.

(5)The preceding provisions of this paragraph shall apply for the purpose of enabling loans to be made to a relevant body (within the meaning of paragraph 5) in respect of expenses incurred by that body on behalf of the governing body as it applies to expenses incurred by the governing body; and in those provisions, as they apply in relation to a new voluntary aided school, references to the governing body are to the promoters.

(6)Paragraph 3(3) of Schedule 10 (consent to borrowing) does not apply to any borrowing by a governing body under this paragraph.

Assistance by LEAs in respect of maintenance and other obligations of governing bodies

8A local education authority may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation under paragraph 3.

Duty to transfer interest in premises provided under paragraph 8

9(1)Where assistance under paragraph 8 consists of the provision of any premises for use for the purposes of a school, the local education authority shall transfer their interest in the premises—

(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body, to be held by that body for the relevant purposes.

(2)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

(3)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(4)In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.

Part IIIFoundation, voluntary and foundation special schools: common provisions

Default powers of Secretary of State

10(1)Where it appears to the Secretary of State that a local education authority have defaulted in the discharge of their duties relating to the maintenance of a foundation, voluntary or foundation special school, he may—

(a)direct that any act done by or on behalf of the school’s governing body for the purpose of securing the proper maintenance of the school shall be taken to have been done by or on behalf of the authority, and

(b)reimburse to the governing body any sums which in his opinion they have properly expended for that purpose.

(2)The amount of any sum reimbursed under sub-paragraph (1) shall be recoverable by the Secretary of State as a debt due to him from the authority; and without prejudice to any other method of recovery the whole or any part of any such sum may be deducted from any sums payable to the authority by the Secretary of State in pursuance of any regulations relating to the payment of grants.

Endowments

11Where any sums accruing in respect of the income of an endowment are required by virtue of the provisions of a trust deed to be applied towards the maintenance of a foundation, voluntary or foundation special school, those sums shall not be payable to the local education authority but shall be applied by the governing body of the school—

(a)(in the case of a voluntary aided school) towards the discharge of their obligations under paragraph 3, or

(b)(in the case of any school) in such manner, if any, as may be determined by a scheme for the administration of the endowment made after 1st April 1945.

Disapplication of restriction on local authority disposals

12Subsection (2) of section 123 of the [1972 c. 70.] Local Government Act 1972 (local authority prohibited from making disposal of land under that section below market value without consent of the Secretary of State) shall not apply in the case of a disposal—

(a)to the governing body of a foundation, voluntary or foundation special school, or

(b)to persons proposing to establish such a school.

Section 24.

SCHEDULE 4School organisation committees

Interpretation

1In this Schedule—

• “committee” means a school organisation committee;

• “the relevant authority”, in the case of any such committee, means the local education authority by whom the committee are established.

Election of chairmen and appointment of members

2Regulations may make provision with respect to—

(a)the election by a committee of one of their number to be chairman, and one to be vice-chairman, of the committee;

(b)the period for which the chairman and vice-chairman are to be elected; and

(c)the appointment and tenure of office of, and the vacation of office by, members of a committee.

Allowances for members

3(1)For the purpose of the payment of financial loss allowance under section 173(4) of the [1972 c. 70.] Local Government Act 1972, that provision shall apply, with any necessary modifications, to any member of a committee as it applies to any member of a parish or community council; and a committee shall be included in the bodies to which section 174 of that Act (travelling and subsistence allowances) applies.

(2)In section 174(1) of that Act, in its application to a committee in accordance with sub-paragraph (1), the reference to payments at rates determined by the body in question shall be read as a reference to payments at rates determined by the relevant authority.

Financial and other assistance by LEA

4(1)The relevant authority in the case of a committee shall—

(a)defray the expenses of the committee in accordance with sub-paragraphs (2) to (5); and

(b)make arrangements for them to be provided with accommodation and with such services as the authority consider appropriate.

(2)Before the beginning of each financial year a committee shall submit to the relevant authority a statement of the estimated expenses of the committee in respect of that year (including estimates of any allowances payable to their members by virtue of paragraph 3).

(3)Where they have received such a statement the relevant authority shall approve it, either without modification or with such modifications as they may specify.

(4)Once they have approved the statement under sub-paragraph (3) the relevant authority shall (subject to sub-paragraphs (5) and (6)) defray the expenses of the committee, in respect of the financial year in question, up to the total amount of the expenses set out in the statement as so approved.

(5)The relevant authority are not required by sub-paragraph (4) to defray any expenses of the committee which do not relate to an activity of the committee mentioned in the statement.

(6)If they consider it appropriate to do so, the relevant authority may—

(a)defray the expenses of the committee in respect of a financial year up to an amount which exceeds the total amount referred to in sub-paragraph (4);

(b)defray any expenses of the committee to which sub-paragraph (5) applies.

Proceedings

5(1)Regulations may make provision as to the meetings and proceedings of a committee.

(2)Regulations under this paragraph may in particular—

(a)provide that, in any prescribed circumstances, the members within each category of members of a committee are to have collectively a single vote;

(b)require all decisions of a prescribed description which are taken by a committee (in accordance with regulations made by virtue of paragraph (a)) to be unanimous decisions of those voting.

(3)Regulations under this paragraph must, however, include provision—

(a)for the members within each category of members of a committee to have collectively a single vote in relation to any decision to which this sub-paragraph applies;

(b)requiring any such decision which is taken by a committee to be a unanimous decision of those voting.

(4)Sub-paragraph (3) applies to any decision of a committee as to whether or not—

(a)to give any approval under section 26(5) or to prepare such a plan as is mentioned in section 26(6)(d)(ii);

(b)to give any approval under paragraph 3 of Schedule 6 or to—

(i)modify any proposals,

(ii)specify any date, or

(iii)make any determination,

under paragraph 5(2)(a) or (b) or (3) of that Schedule;

(c)to make, vary or revoke a transitional exemption order under paragraph 21 of that Schedule or paragraph 16 of Schedule 7;

(d)to give any approval under paragraph 8 of Schedule 7;

(e)to make any decision authorised by or by virtue of paragraph 6 of Schedule 23.

(5)Where regulations under paragraph 2(2) of Schedule 8 provide for either of the following provisions, namely paragraph 3 or 5(2)(a) of Schedule 6, to have effect in relation to proposals published under paragraph 2 or 3 of Schedule 8, the reference to that provision in sub-paragraph (4) above shall include a reference to it as it so has effect.

6The validity of any proceedings of a committee shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

7Subject to any provision made by or under this Schedule, a committee may regulate their own procedure.

8When taking any decision a committee shall have regard (so far as relevant) to the obligations which, by virtue of—

(a)Part III of the [1975 c. 65.] Sex Discrimination Act 1975, or

(b)Part III of the [1976 c. 74.] Race Relations Act 1976,

are owed by any local education authority or governing body which will be affected by the decision.

Indemnity

9The relevant authority in the case of a committee shall indemnify the members of the committee against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of the committee.

Default powers of Secretary of State

10Each of sections 496 and 497 of the [1996 c. 56.] Education Act 1996 (default powers of Secretary of State) shall apply in relation to a committee as it applies in relation to a body falling within subsection (2) of that section.

Section 25.

SCHEDULE 5Adjudicators

Interpretation

1In this Schedule “adjudicator” means a person appointed under section 25.

Tenure of office

2(1)Subject to sub-paragraphs (2) and (3), an adjudicator shall hold and vacate office in accordance with the terms of his appointment.

(2)An adjudicator—

(a)may at any time resign his office by notice in writing to the Secretary of State; and

(b)is eligible for re-appointment if he ceases to hold office.

(3)An adjudicator may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.

Remuneration and pensions

3(1)The Secretary of State may pay to an adjudicator such remuneration and allowances as the Secretary of State may determine.

(2)If the Secretary of State so determines in the case of any adjudicator, the Secretary of State may pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

Staff and accommodation etc.

4The Secretary of State may—

(a)provide an adjudicator with such administrative staff as the adjudicator may require; and

(b)provide, or defray the expenses of providing, an adjudicator with such accommodation and other facilities as the adjudicator may require.

Procedure

5(1)Regulations may make provision as to the procedure to be followed in connection with the reference, under this Part or Part III of this Act, of matters to adjudicators and their determination of matters so referred.

(2)The regulations may, in particular, make provision—

(a)as to the manner in which matters may be referred to adjudicators;

(b)for determining the adjudicators to which individual referrals are to be made;

(c)authorising adjudicators to hold local inquiries;

(d)as to the procedure to be followed where local inquiries are held by adjudicators (whether by virtue of paragraph (c) or otherwise);

(e)authorising adjudicators to appoint assessors to sit with them at such inquiries to advise them on matters arising;

(f)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.

(3)Subject to any provision made by the regulations, an adjudicator may regulate his own procedure.

(4)The Secretary of State may make orders—

(a)as to the costs of the parties at any local inquiry held by an adjudicator (whether by virtue of sub-paragraph (2)(c) or otherwise), and

(b)as to the parties by whom the costs are to be paid;

and any costs payable under any such order shall be subject to taxation in such manner as the Secretary of State may direct.

6When taking any decision an adjudicator shall have regard (so far as relevant) to the obligations which, by virtue of—

(a)Part III of the [1975 c. 65.] Sex Discrimination Act 1975, or

(b)Part III of the [1976 c. 74.] Race Relations Act 1976,

are owed by any local education authority or governing body which will be affected by the decision.

Indemnity

7The Secretary of State shall indemnify an adjudicator against any reasonable legal costs and expenses reasonably incurred by him in connection with any decision or action taken by him in good faith in pursuance of his functions as an adjudicator.

Parliamentary disqualification

8In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (disqualifying offices), at the appropriate place there shall be inserted—

“Adjudicator appointed under section 25 of the School Standards and Framework Act 1998.”

Parliamentary Commissioner

9For the purposes of section 5 of the [1967 c. 13.] Parliamentary Commissioner Act 1967 (matters subject to investigation) administrative functions exercisable by any person provided by the Secretary of State under paragraph 4 above shall be taken to be administrative functions of the Department for Education and Employment.

Supervision of Council on Tribunals

10(1)In section 7 of the [1992 c. 53.] Tribunals and Inquiries Act 1992 (which restricts Ministers' powers to remove members of tribunals listed in Schedule 1 to that Act) in subsection (2) (tribunals to which that section does not apply) after “14,” there shall be inserted “15(f),”.

(2)In Schedule 1 to that Act (tribunals under the supervision of the Council on Tribunals) at the end of paragraph 15 (tribunals concerned with education) there shall be inserted—

Sections 28, 29 and 31.

SCHEDULE 6Statutory proposals: procedure and implementation

Part IProcedure for dealing with statutory proposals: England

Application of Part I

1(1)This Part of this Schedule applies to proposals published under section 28, 29 or 31 which relate to a school or proposed school in England.

(2)In this Part of this Schedule “the relevant committee” means 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.

Objections

2(1)Any person may make objections to any proposals published under section 28, 29 or 31.

(2)Where the proposals were published by a local education authority—

(a)any objections under this paragraph shall be sent to the authority within such period as may be prescribed (“the objection period”); and

(b)within such period as may be prescribed the authority shall send to the relevant committee copies of all objections made (and not withdrawn in writing) within the objection period, together with the authority’s observations on them.

(3)Where the proposals were published by a governing body or promoters, any objections under this paragraph shall be sent to the relevant committee within such period as may be prescribed.

Approval of proposals

3(1)Proposals published under section 28, 29 or 31 require approval under this paragraph if—

(a)the proposals were published by a local education authority and either—

(i)objections to the proposals have been made in accordance with paragraph 2 and any of them have not been withdrawn in writing within the objection period; or

(ii)such approval is required by virtue of paragraph 4(5); or

(b)the proposals were published by a governing body or promoters.

(2)Where any proposals require approval under this paragraph, they shall be considered in the first instance by the relevant committee, who may—

(a)reject the proposals,

(b)approve them without modification, or

(c)approve them with such modifications as the committee think desirable after consulting such persons or bodies as may be prescribed.

(3)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(4)When deciding whether or not to give any approval under this paragraph the committee shall have regard to—

(a)any guidance given from time to time by the Secretary of State, and

(b)the school organisation plan for the committee’s area;

and the committee shall not give any such approval unless they are satisfied that adequate financial resources will be available to enable the proposals to be implemented.

(5)If—

(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on the question whether to give any approval under this paragraph, and

(b)the body or promoters by whom the proposals were published request the committee to refer the proposals to the adjudicator,

they shall refer the proposals to the adjudicator.

Regulations made for the purposes of this sub-paragraph (or any other corresponding provision of this Act) may be framed by reference to the opinion of the committee.

(6)If the committee—

(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision, but

(b)have failed to reach such a decision on that matter,

they shall refer the proposals to the adjudicator.

(7)Where any proposals are referred to the adjudicator under sub-paragraph (5) or (6)—

(a)he shall consider the proposals afresh; and

(b)sub-paragraphs (2) to (4) shall apply to him in connection with his decision on the proposals as they apply to the committee.

(8)Sub-paragraph (1) does not prevent the body or promoters by whom any proposals have been published under section 28, 29 or 31 from withdrawing those proposals by notice in writing given to the relevant committee at any time before the proposals are determined under this paragraph.

Determination by LEA whether to implement proposals

4(1)Where any proposals have been published by a local education authority under section 28, 29 or 31 and either—

(a)no objections were made in accordance with paragraph 2, or

(b)all objections so made were withdrawn in writing within the objection period,

then (subject to the following provisions of this paragraph) the authority shall determine whether the proposals should be implemented.

(2)Any determination under sub-paragraph (1) must be made within the period of four months beginning with the date of publication of the proposals (as determined in accordance with regulations); and the authority shall notify the relevant committee of any determination made by them under sub-paragraph (1).

(3)The requirement to make a determination under sub-paragraph (1) in the case of any proposals only applies if, at the time when the authority’s determination falls to be made under that sub-paragraph, they are satisfied that the proposals are not related to any of the following, namely—

(a)any undetermined proposals published under section 28(2) to establish a new foundation or voluntary school in the area of the authority;

(b)any undetermined proposals published under section 28(2), 29(2) or 31(2) by the governing body of a foundation, voluntary or foundation special school in the area of the authority;

(c)any undetermined proposals published by the authority which, by virtue of sub-paragraph (1)(a) of paragraph 3, require approval under that paragraph; or

(d)any order under paragraph 2(2) or 3(2) of Schedule 7.

(4)For the purposes of sub-paragraph (3) proposals are “undetermined” if they have not been withdrawn and—

(a)they have not been approved or rejected under paragraph 3 or under paragraph 8 or 9 of Schedule 7, or

(b)the authority have not determined under this paragraph whether to implement them,

as the case may be; and when deciding under sub-paragraph (3) whether any proposals are related to other proposals the authority shall have regard to any guidance given from time to time by the Secretary of State.

(5)Where, in the case of any proposals within sub-paragraph (1)—

(a)the authority fail to make a determination under that sub-paragraph within the period mentioned in sub-paragraph (2), or

(b)the requirement to make such a determination does not apply by virtue of sub-paragraph (3),

the proposals require approval under paragraph 3.

Requirement to implement proposals

5(1)Where—

(a)any proposals published under section 28, 29 or 31 have been approved under paragraph 3, or

(b)a local education authority have determined under paragraph 4 to implement any such proposals,

then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined, in accordance with Part III of this Schedule.

(2)At the request of any prescribed body or persons, the relevant committee—

(a)may modify the proposals after consulting such persons or bodies as may be prescribed; and

(b)where any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the event in question must occur.

(3)If the relevant committee are satisfied—

(a)that implementation of the proposals would be unreasonably difficult, or

(b)that circumstances have so altered since approval was given under paragraph 3 that implementation of the proposals would be inappropriate,

the committee may determine that sub-paragraph (1) shall cease to apply to the proposals.

(4)The committee may only make a determination under sub-paragraph (3) where proposals that they should do so have been published, in accordance with regulations, by the body or promoters who published the proposals referred to in sub-paragraph (1)(a) or (b); and regulations so made may provide for any of the provisions of sections 28, 29 and 31 and this Part of this Schedule to have effect in relation to any such further proposals with or without modifications.

(5)If—

(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on any matter falling to be decided by them under this paragraph, and

(b)the body or promoters who published the proposals referred to in sub-paragraph (1)(a) or (b) request the committee to refer that matter to the adjudicator,

they shall refer that matter to the adjudicator.

(6)If the committee—

(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision, but

(b)have failed to reach such a decision on that matter,

they shall refer that matter to the adjudicator.

(7)Where any matter is referred to the adjudicator under sub-paragraph (5) or (6)—

(a)he shall consider the matter afresh; and

(b)such of the provisions of sub-paragraphs (2) to (4) as are relevant shall apply to him in connection with his decision on that matter as they apply to the committee.

(8)Where—

(a)any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, and

(b)the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),

sub-paragraph (1) above shall cease to apply to the proposals.

(9)Where, by virtue of sub-paragraph (3) or (8), sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 3.

Part IIProcedure for dealing with statutory proposals: Wales

Application of Part II

6This Part of this Schedule applies to proposals published under section 28, 29 or 31 which relate to a school or proposed school in Wales.

Objections

7(1)Any person may make objections to any proposals published under section 28, 29 or 31.

(2)Where the proposals were published by a local education authority—

(a)any objections under this paragraph shall be sent to the authority within such period as may be prescribed (“the objection period”); and

(b)within such period as may be prescribed the authority shall send to the Secretary of State copies of all objections made (and not withdrawn in writing) within the objection period, together with the authority’s observations on them.

(3)Where the proposals were published by a governing body or promoters, any objections under this paragraph shall be sent to the Secretary of State within such period as may be prescribed.

Approval of proposals

8(1)Proposals published under section 28, 29 or 31 require approval under this paragraph if—

(a)the Secretary of State, within two months after a copy of the published proposals is sent to him under that section, gives notice to the body or promoters by whom the proposals were published that they require such approval; or

(b)objections to the proposals have been made in accordance with paragraph 7 and any of them have not been withdrawn in writing within the objection period.

(2)Where any proposals require approval under this paragraph, the Secretary of State may—

(a)reject the proposals,

(b)approve them without modification, or

(c)approve them with such modifications as he thinks desirable after consulting such persons or bodies as may be prescribed.

(3)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified.

(4)When deciding whether or not to give any approval under this paragraph the Secretary of State shall have regard to the school organisation plan for the area in which the school is, or (in the case of a new school) is proposed to be, situated.

(5)Sub-paragraph (1) does not prevent the body or promoters by whom any proposals have been published under section 28, 29 or 31 from withdrawing those proposals by notice in writing given to the Secretary of State at any time before the proposals are approved under this paragraph.

Determination whether to implement proposals

9(1)Where any proposals published under section 28, 29 or 31 do not require approval under paragraph 8, the body or promoters by whom the proposals were published shall determine whether the proposals should be implemented.

(2)Any determination under sub-paragraph (1) must be made within four months after a copy of the published proposals was sent to the Secretary of State under section 28, 29 or 31.

(3)The body or promoters in question shall notify the Secretary of State of any determination made by them under sub-paragraph (1).

Requirement to implement proposals

10(1)Where—

(a)any proposals published under section 28, 29 or 31 have been approved under paragraph 8, or

(b)the body or promoters by whom such proposals were published have determined under paragraph 9 to implement the proposals,

then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined, in accordance with Part III of this Schedule.

(2)At the request of any prescribed body or persons, the Secretary of State—

(a)may modify the proposals after consulting such persons or bodies as may be prescribed; and

(b)where any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the event in question must occur.

(3)If the Secretary of State is satisfied—

(a)that implementation of the proposals would be unreasonably difficult, or

(b)that circumstances have so altered since approval was given under paragraph 8 that implementation of the proposals would be inappropriate,

he may determine that sub-paragraph (1) shall cease to apply to the proposals.

(4)The Secretary of State may only make a determination under sub-paragraph (3) where proposals that he should do so have been published, in accordance with regulations, by the body or promoters who published the proposals referred to in that sub-paragraph; and regulations so made may provide for any of the provisions of sections 28, 29 and 31 and this Part of this Schedule to have effect in relation to any such further proposals with or without modifications.

(5)Where—

(a)any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, and

(b)the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),

sub-paragraph (1) above shall cease to apply to the proposals.

(6)Where, by virtue of sub-paragraph (3) or (5), sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.

Part IIIManner of implementation of statutory proposals

Introductory

11In this Part of this Schedule “proposals” means proposals falling to be implemented under paragraph 5 or 10.

Proposals relating to community or maintained nursery schools

12(1)This paragraph applies to proposals relating to a community or proposed community school or to a maintained nursery school.

(2)The proposals shall be implemented by the local education authority by whom they were published under section 28(1) or 29(1).

Proposals relating to foundation or voluntary controlled schools

13(1)This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed such school.

(2)Where the proposals were published by a local education authority under section 28(1) or 29(1), they shall be implemented by the authority.

(3)Where the proposals were published under section 28(2)—

(a)by promoters, or

(b)by the governing body,

they shall be implemented by the local education authority and by the promoters or (as the case may be) the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.

(4)Where the proposals were published by the governing body under section 29(2), they shall be implemented—

(a)by the governing body; and

(b)by the local education authority as well.

Proposals relating to voluntary aided schools

14(1)This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.

(2)Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—

(a)in the case of proposals published under section 28(2) so far as relating to the provision of any relevant premises for the school, by the local education authority;

(b)in the case of proposals published under section 29(2), by the governing body and the authority; and

(c)otherwise by the governing body.

(3)Where the proposals were published under section 28(2) by promoters, they shall be implemented—

(a)so far as relating to the provision of any relevant premises for the school (but subject to sub-paragraph (5)), by the local education authority; and

(b)otherwise by the promoters.

(4)In sub-paragraph (2) or (3) “relevant premises” means—

(a)playing fields, or

(b)buildings which are to form part of the school premises but are not to be school buildings.

(5)Nothing in sub-paragraph (3) requires a local education authority to provide any such premises where—

(a)the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals; and

(b)those premises—

(i)were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school); and

(ii)(if it was a foundation or voluntary school) were not provided by the authority.

(6)Where the proposals were published by a local education authority under section 29(1), they shall be implemented by the authority.

Proposals relating to community or foundation special schools

15(1)This paragraph applies to proposals relating to—

(a)a community or foundation special school; or

(b)a proposed such school.

(2)Where the proposals were published by a local education authority under section 31(1), they shall be implemented by the authority.

(3)Where the proposals were published by the governing body under section 31(2)(a), they shall be implemented by the local education authority and by the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.

(4)Where the proposals were published by the governing body under section 31(2)(b), they shall be implemented—

(a)by the governing body; and

(b)by the local education authority as well.

Part IVProvision of premises and other assistance

Provision of site and buildings for foundation, voluntary controlled or foundation special school

16(1)This paragraph applies where a local education authority are required—

(a)by virtue of paragraph 13(2) or (3) to provide a site for a foundation or voluntary controlled school or a proposed such school; or

(b)by virtue of paragraph 15(2) or (3) to provide a site for a foundation special school.

(2)The authority shall transfer their interest in the site and in any buildings on the site which are to form part of the school premises—

(a)to the school’s trustees, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

(3)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

(4)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(5)Where—

(a)a transfer is made under this paragraph, and

(b)the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,

those persons shall notify the local education authority that paragraph (b) applies to them and they or their successors shall pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.

(6)In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to—

(a)consideration for the creation or disposition of any kind of interest in other premises, including rent; and

(b)interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (5) regard shall be had to any guidance given from time to time by the Secretary of State.

(7)Any sum paid under sub-paragraph (5) shall be treated for the purposes of section 14 of the [1841 c. 38.] Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(8)A determination may be made under sub-paragraph (5) in respect of any property subject to a trust which has arisen under section 1 of the [1987 c. 15.] Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—

(a)the determination is made by the Secretary of State, and

(b)he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

(9)Sub-paragraph (5) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to that sum.

(10)In this paragraph—

• “the relevant purposes” means—

  (a)

  in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts, or

  (b)

  in relation to a transfer to a school’s governing body, the purposes of the school;

• “site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Grants in respect of certain expenditure relating to existing or proposed voluntary aided school

17(1)This paragraph applies where—

(a)the governing body of a voluntary aided school are required by virtue of paragraph 14(2) to implement proposals relating to a prescribed alteration to the school; or

(b)any promoters are required by virtue of paragraph 14(3) to implement proposals involving the establishment of a new voluntary aided school.

(2)Paragraph 5 of Schedule 3—

(a)shall apply in relation to the voluntary aided school mentioned in sub-paragraph (1)(a) above; and

(b)shall apply in relation to the new voluntary aided school mentioned in sub-paragraph (1)(b) above as it applies in relation to an existing voluntary aided school.

(3)In the application of that paragraph in relation to a new voluntary aided school—

(a)the references to the governing body, in relation to any time before the governing body are constituted, are to the promoters; and

(b)where requirements are imposed in relation to grant paid by virtue of this paragraph to the promoters, the requirements shall be complied with by the governing body, when they are constituted, as well as by the promoters.

Assistance in respect of maintenance and other obligations relating to voluntary aided school

18A local education authority may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation arising by virtue of paragraph 14(2) in relation to proposals published by them under section 28.

Assistance for promoters of new voluntary aided school

19A local education authority may give to persons required by virtue of paragraph 14(3) to implement proposals involving the establishment of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.

Duty to transfer interest in premises provided under paragraph 18 or 19

20(1)Where assistance under paragraph 18 or 19 consists of the provision of any premises for use for the purposes of a school, the local education authority shall transfer their interest in the premises—

(a)to the trustees of the school to be held on trust for the purposes of the school; or

(b)if the school has no trustees, to the school’s foundation body, to be held by that body for the relevant purposes.

(2)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it shall be made to such persons as the Secretary of State thinks proper.

(3)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(4)In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.

Part VTransitional exemption orders for purposes of Sex Discrimination Act 1975

Single-sex schools: England

21(1)This paragraph applies to proposals for a school in England to cease to be an establishment which admits pupils of one sex only.

(2)Sub-paragraph (3) applies where—

(a)such proposals are made under section 28 and, in accordance with subsection (6) of that section, the relevant body send a copy of the published proposals to the school organisation committee; or

(b)such proposals are made under section 31 and, in accordance with subsection (5) of that section, the relevant body send a copy of the published proposals to the school organisation committee.

(3)The sending of the published proposals to the school organisation committee by the relevant body shall be treated as an application by the responsible body for the making by the school organisation committee of a transitional exemption order, and the committee may make such an order accordingly.

(4)Where—

(a)the school organisation committee have failed to reach a unanimous decision under sub-paragraph (3) above on whether to make a transitional exemption order, or

(b)the school organisation committee refer the proposals to the adjudicator under paragraph 3 or 5 of this Schedule,

they shall refer the question whether to make a transitional exemption order to the adjudicator.

(5)Where that question is referred to the adjudicator—

(a)he shall consider the matter afresh; and

(b)he may make a transitional exemption order accordingly.

(6)In this paragraph and in paragraph 22—

• “the 1975 Act” means the [1975 c. 65.] Sex Discrimination Act 1975,

• “make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,

• “the responsible body” has the same meaning as in section 22 of the 1975 Act, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).

Single-sex schools: Wales

22(1)This paragraph applies to proposals for a school in Wales to cease to be an establishment which admits pupils of one sex only.

(2)Sub-paragraph (3) applies where—

(a)such proposals are made under section 28 and, in accordance with subsection (7) of that section, the relevant body send a copy of the published proposals to the Secretary of State; or

(b)such proposals are made under section 31 and, in accordance with subsection (6) of that section, the relevant body send a copy of the published proposals to the Secretary of State.

(3)The sending of the published proposals to the Secretary of State shall be treated as an application by the responsible body for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

Section 34.

SCHEDULE 7Rationalisation of school places

Part IIntroductory

1In this Schedule—

(a)“powers to make proposals for the establishment, alteration or discontinuance of schools” means all or any of the powers of the local education authority to publish proposals under section 28, 29 or 31; and

(b)“powers to make proposals for the alteration of their school”, in relation to the governing body of a foundation, voluntary or foundation special school, means their powers to publish proposals under section 28(2)(b) or 31(2)(a).

Part IIDirections to bring forward proposals

Directions to bring forward proposals to remedy excessive provision

2(1)This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools—

(a)in the area of any local education authority, or

(b)in any part of such an area,

is excessive.

(2)For the purpose of remedying the excess, the Secretary of State may—

(a)by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b)in the case of any foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school.

(3)An order under sub-paragraph (2) shall—

(a)require the proposals to be published not later than such date as may be specified in the order, and

(b)require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4)An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school.

(5)Where any proposals are published in pursuance of an order under sub-paragraph (2) which relates to an area in England, the body concerned shall (in addition to complying with section 28(6), 29(5) or 31(5), as the case may be) send—

(a)a copy of the published proposals, and

(b)such information in connection with those proposals as may be prescribed,

to the Secretary of State.

Directions to bring forward proposals to remedy insufficient provision

3(1)This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools—

(a)in the area of any local education authority, or

(b)in any part of such an area,

is, or is likely to become, insufficient.

(2)The Secretary of State may—

(a)by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b)in the case of any foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,

with a view (in each case) to securing that provision is made for such additional number of pupils in the area, or in any such part of the area, as may be specified in the order.

(3)An order under sub-paragraph (2) shall—

(a)require the proposals to be published not later than such date as may be specified in the order, and

(b)require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4)An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school.

(5)Where any proposals are published in pursuance of an order under sub-paragraph (2) which relates to an area in England, the body concerned shall (in addition to complying with section 28(6), 29(5) or 31(5), as the case may be) send—

(a)a copy of the published proposals, and

(b)such information in connection with those proposals as may be prescribed,

to the Secretary of State.

Supplementary provisions

4(1)Where the Secretary of State makes an order under paragraph 2(2) or 3(2) in relation to the area of any local education authority in England, he shall send a copy of the order—

(a)to the school organisation committee for the area, and

(b)to any adjudicator who appears to him to be likely to be considering proposals in relation to that area.

(2)Where the school organisation committee or any adjudicator receive a copy of the order under sub-paragraph (1), the committee or adjudicator shall send to the Secretary of State—

(a)a copy of all proposals relating to the area which have been received by them or him but have not been determined by the relevant time, and

(b)a copy of all proposals relating to the area, other than any made under paragraph 5, which they receive after the relevant time.

(3)Where sub-paragraph (2) applies, then unless the Secretary of State gives his consent—

(a)neither the school organisation committee nor the adjudicator shall make any determination, and

(b)the school organisation committee shall not make any reference to the adjudicator under paragraph 3 of Schedule 6 or paragraph 8 below,

in relation to any proposals within sub-paragraph (2) during the period beginning with the relevant time and ending with the time when the Secretary of State notifies the committee or the adjudicator, as the case may be, that they or he may make any such determination or reference in relation to those proposals without the Secretary of State’s consent.

(4)The duty of the school organisation committee or any adjudicator to send copies of proposals to the Secretary of State under sub-paragraph (2) shall terminate at the end of the period mentioned in sub-paragraph (3).

(5)In sub-paragraphs (2) and (3)—

(a)references to the relevant time, in relation to the school organisation committee or to any adjudicator, are to the time when they or he receive the copy of the order under sub-paragraph (1);

(b)references to proposals are to proposals made under section 28, 29 or 31 or under paragraph 5; and

(c)references to the determination of any proposals are to—

(i)any determination whether or not to approve the proposals under paragraph 3 of Schedule 6 or paragraph 8 or 9 below, or

(ii)any determination whether or not to implement the proposals under paragraph 4 of Schedule 6.

(6)Where a local education authority publish any proposals in pursuance of an order under paragraph 2(2) or 3(2) which relates to an area in England, those proposals shall require approval under paragraph 3 of Schedule 6, despite anything in paragraph 3(1)(a) or 4 of that Schedule.

(7)Proposals made in pursuance of an order under paragraph 2(2) or 3(2) (whether relating to an area in England or in Wales) may not be withdrawn without the consent of the Secretary of State and such consent may be given on such conditions (if any) as the Secretary of State considers appropriate.

(8)Where the governing body of a foundation, voluntary or foundation special school make any proposals in pursuance of any such order under paragraph 2(2) or 3(2), the local education authority shall reimburse any expenditure reasonably incurred by the governing body in making the proposals.

(9)Where—

(a)proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of any such order under paragraph 2(2) or 3(2) are approved or, as the case may be, determined to be implemented, or

(b)proposals approved or adopted under paragraph 8, 9 or 14 have effect as mentioned in paragraph 10(b) or 15(b), as the case may be,

then, despite anything in Part III of Schedule 6, the local education authority shall defray the cost of implementing the proposals.

Part IIIProposals by Secretary of State

Publication of proposals

5(1)Where—

(a)the Secretary of State has, in relation to the area of any local education authority or any part of such an area, made an order under paragraph 2(2) or 3(2) directing the local education authority or the governing body of a foundation, voluntary or foundation special school to make proposals for the establishment, alteration or discontinuance of schools or (as the case may be) for the alteration of their school, and

(b)either—

(i)any proposals have been published in pursuance of the order, or

(ii)the time allowed under the order for the publication of the proposals has expired,

he may make any such proposals as might have been made in accordance with the order relating to that area or that part of that area by the body to whom the directions were given.

(2)Proposals under this paragraph shall—

(a)contain such information, and

(b)be published in such manner,

as may be prescribed.

(3)Where any proposals made under this paragraph relate to an area in England, the Secretary of State shall send a copy of the proposals to the school organisation committee for the area.

(4)Where any proposals made under this paragraph relate to an area in Wales, the Secretary of State shall send a copy of the proposals—

(a)to the local education authority for the area, and

(b)to the governing body of each school to which the proposals relate.

Part IVProcedure for dealing with proposals under paragraph 5: England

Application of Part IV

6This Part of this Schedule applies to proposals published under paragraph 5 which relate to an area in England.

Objections

7(1)Any person may make objections to any proposals published under paragraph 5.

(2)Objections under this paragraph—

(a)shall be sent to the school organisation committee for the area to which those proposals relate; and

(b)shall be so sent within such period as may be prescribed.

Approval of proposals

8(1)Proposals published under paragraph 5 require the approval of the school organisation committee under this paragraph or of the adjudicator under paragraph 9.

(2)Where the school organisation committee receive a copy of the proposals published under paragraph 5, they must either—

(a)approve them without modification, or

(b)approve them with such modifications as the committee think desirable and to which the Secretary of State consents, or

(c)refer them to the adjudicator under sub-paragraph (5) or (6).

(3)Any approval given under this paragraph may, with the consent of the Secretary of State, be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(4)When deciding whether or not to give any approval under this paragraph the committee shall have regard to any guidance given from time to time by the Secretary of State.

(5)If—

(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on the question whether to give any approval under this paragraph, and

(b)the Secretary of State requests the committee to refer his proposals to the adjudicator,

they shall refer his proposals to the adjudicator.

(6)If the committee—

(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision but have failed to reach such a decision on that matter, or

(b)have decided not to give any approval under this paragraph,

they shall refer the Secretary of State’s proposals to the adjudicator.

(7)Where any proposals are referred to the adjudicator under sub-paragraph (5) or (6), the school organisation committee shall also refer to him—

(a)any other proposals published under paragraph 5 in relation to the area of the local education authority (and not withdrawn),

(b)any proposals made by that authority in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), and

(c)any proposals made by the governing body of any foundation, voluntary or foundation special school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn),

where those proposals are not determined before the adjudicator holds an inquiry under paragraph 9(1) and appear to the committee to be related to the proposals referred by them to the adjudicator under sub-paragraph (5) or (6).

(8)Sub-paragraph (7) applies to any proposals within that sub-paragraph whether or not the proposals have been previously referred to the adjudicator by the committee.

(9)Sub-paragraph (1) does not prevent the Secretary of State from withdrawing any proposals published under paragraph 5 by notice in writing given to the school organisation committee at any time before the proposals are determined under this paragraph or paragraph 9.

(10)References in this paragraph to the determination of any proposals are to—

(a)any determination whether or not to approve the proposals under paragraph 3 of Schedule 6, sub-paragraph (2)(a) or (2)(b) above or paragraph 9(3) below, or

(b)any determination whether or not to implement the proposals under paragraph 4 of Schedule 6.

Local inquiry into proposals

9(1)Where any proposals are referred to the adjudicator under paragraph 8(5) or (6), he shall hold a local inquiry to consider—

(a)those proposals,

(b)any additional proposals referred to him under paragraph 8(7),

(c)any objections made (under paragraph 2 of Schedule 6 or paragraph 7 above) to any proposals within paragraph (a) or (b) above unless such objections have been withdrawn, and

(d)any views expressed by the school organisation committee on any such proposals.

(2)It shall not be open to the inquiry to question the principles specified in the order under paragraph 2(2) or 3(2).

(3)After holding the inquiry, the adjudicator must, in the case of any proposals considered at the inquiry, either—

(a)approve them with or without modifications, or

(b)reject them.

(4)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(5)When deciding whether or not to give any approval under this paragraph, paragraph 8(4) shall apply to the adjudicator as it does to the committee.

Implementation of proposals

10Proposals approved by the school organisation committee under paragraph 8 or by the adjudicator under paragraph 9 shall have effect as if they—

(a)had been made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or

(b)in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,

and had been approved by the school organisation committee or the adjudicator, as the case may be, under paragraph 3 of Schedule 6.

Part VProcedure for dealing with proposals under paragraph 5: Wales

Application of Part V

11This Part of this Schedule applies to proposals published under paragraph 5 which relate to an area in Wales.

Objections

12(1)Any person may make objections to any proposals published under paragraph 5.

(2)Objections under this paragraph—

(a)shall be sent to the Secretary of State; and

(b)shall be so sent within such period as may be prescribed.

Local inquiry into proposals

13(1)This paragraph applies where in relation to the area of any local education authority the Secretary of State has made proposals under paragraph 5 (otherwise than in pursuance of paragraph 14(1)) which he has not withdrawn.

(2)If objections have been made under paragraph 12(1) within the period prescribed in accordance with paragraph 12(2)(b), then, unless all objections so made have been withdrawn in writing within that period, the Secretary of State shall cause a local inquiry to be held to consider his proposals, any proposals he refers to the inquiry and any such objections.

(3)Any proposals referred to a local inquiry under this paragraph require the approval of the Secretary of State (if they would not require such approval apart from this sub-paragraph).

(4)Where the Secretary of State has a duty to cause a local inquiry to be held under this paragraph, he shall refer to the inquiry—

(a)any other proposals published under paragraph 5 in relation to the area of the local education authority (and not withdrawn),

(b)any proposals made by that authority in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), and

(c)any proposals made by the governing body of any foundation, voluntary or foundation special school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn),

where those proposals are not determined before he causes the inquiry to be held and appear to him to be related to the proposals made under paragraph 5 in respect of which he is required under this paragraph to cause the inquiry to be held.

(5)If, before the Secretary of State causes the inquiry to be held, he forms the opinion that any proposals ought to be implemented, sub-paragraph (4) does not require him to refer those proposals to the inquiry unless—

(a)before the proceedings on the inquiry are concluded, or

(b)(if earlier) the proposals are determined,

he subsequently forms a different opinion.

(6)It shall not be open to the inquiry to question the principles specified in the order under paragraph 2(2) or 3(2).

(7)References in this paragraph to the determination of any proposals are to—

(a)any determination whether or not to approve or adopt the proposals under paragraph 8 of Schedule 6 or paragraph 14 below, or

(b)any determination whether or not to implement the proposals under paragraph 9 of Schedule 6.

Adoption of proposals

14(1)Where the Secretary of State has published proposals under paragraph 5 in respect of which he is required to cause a local inquiry to be held, he may when he has considered the report of the person appointed to hold the inquiry do one or more of the following—

(a)adopt, with or without modifications, or determine not to adopt the proposals or any other proposals made by him under that paragraph which he referred to the inquiry;

(b)approve, with or without modifications, or reject any other proposals which he referred to the inquiry; and

(c)make any such further proposals under paragraph 5 as might have been made in accordance with the order or orders relating to the area of the local education authority concerned by the body to whom the directions were given.

(2)Where the Secretary of State has published proposals under paragraph 5 in respect of which he is not required to cause a local inquiry to be held and which he is not required to refer to such an inquiry, he may, after considering any objections made under paragraph 12(1) (and not withdrawn) within the period prescribed in accordance with paragraph 12(2)(b)—

(a)adopt the proposals with or without modifications; or

(b)determine not to adopt the proposals.

(3)Any adoption of proposals under this paragraph may be expressed to take effect only if an event specified in the adoption occurs by a date so specified.

Implementation of proposals

15Proposals adopted by the Secretary of State under paragraph 14 shall have effect as if they—

(a)had been made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or

(b)in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,

and had been approved by the Secretary of State under paragraph 8 of Schedule 6.

Part VITransitional exemption orders for purposes of Sex Discrimination Act 1975

Single-sex schools: England

16(1)This paragraph applies to proposals for a school in England to cease to be an establishment which admits pupils of one sex only.

(2)Sub-paragraph (3) applies where such proposals are made under paragraph 5 of this Schedule and, in accordance with sub-paragraph (3) of that paragraph, the Secretary of State sends a copy of the published proposals to the school organisation committee.

(3)The sending of the published proposals to the school organisation committee by the Secretary of State shall be treated as an application by the responsible body for the making by the school organisation committee of a transitional exemption order, and the committee may make such an order accordingly.

(4)Where—

(a)the school organisation committee have failed to reach a unanimous decision under sub-paragraph (3) above on whether to make a transitional exemption order, or

(b)the school organisation committee refer the proposals to the adjudicator under paragraph 8 of this Schedule,

they shall refer the question whether to make a transitional exemption order to the adjudicator.

(5)Where that question is referred to the adjudicator—

(a)he shall consider the matter afresh; and

(b)he may make a transitional exemption order accordingly.

(6)In this paragraph and in paragraph 17—

• “the 1975 Act” means the [1975 c. 65.] Sex Discrimination Act 1975,

• “make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,

• “the responsible body” has the same meaning as in section 22 of the 1975 Act, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).

Single-sex schools: Wales

17(1)This paragraph applies to proposals for a school in Wales to cease to be an establishment which admits pupils of one sex only.

(2)Where such proposals are made under paragraph 5 of this Schedule, the responsible body shall be treated as having made an application to the Secretary of State for the making of a transitional exemption order, and the Secretary of State may make such an order accordingly.

Section 35.

SCHEDULE 8Changes of category of school

Permitted changes of category

1(1)A community school may in accordance with this Schedule become a foundation school in pursuance of proposals published by the local education authority.

(2)A school within one of the following categories, namely—

(a)a community school,

(b)a foundation school,

(c)a voluntary aided school, or

(d)a voluntary controlled school,

may in accordance with this Schedule become a school within another of those categories in pursuance of proposals published by the governing body.

(3)A community special school may in accordance with this Schedule become a foundation special school in pursuance of proposals published by the local education authority.

(4)A community special school or a foundation special school may in accordance with this Schedule become a foundation special school or a community special school in pursuance of proposals published by the governing body.

Procedure for changing category of school

2(1)Where, in the case of any maintained school, the local education authority or the governing body propose that the school should become a school of another category as permitted by paragraph 1, they shall publish their proposals under this paragraph.

(2)Regulations may provide for any of the provisions of sections 28 and 31 and Part I or II of Schedule 6 to have effect in relation to any such proposals with or without modifications.

Mandatory publication of proposals for voluntary aided school to change category

3(1)If at any time the governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3, they shall publish proposals under this paragraph.

(2)If the proposals are published during the period mentioned in section 35(2), they shall be proposals for the school to become a voluntary controlled school.

(3)If the proposals are published after the end of that period, they shall be proposals for the school to become either a voluntary controlled school or a foundation school, as the governing body may determine.

(4)Sub-paragraph (2) of paragraph 2 shall apply in relation to proposals published under this paragraph as it applies in relation to proposals published under that paragraph.

Restrictions on changing category of school

4(1)Regulations may make provision for preventing a school of any description specified in the regulations from changing its category under this Schedule unless such conditions are satisfied as are so specified.

(2)The conditions which may be so specified include conditions requiring (according to the circumstances of the case) any of the following to be demonstrated to the satisfaction of any person so specified, namely—

(a)that the school will join a group of schools for which a foundation body acts or proposes to act;

(b)where a foundation is proposed to be established for the school otherwise than under this Act, that the foundation would meet such requirements as may be so specified;

(c)that the governing body will be able to carry out their obligations under Schedule 3;

(d)that the school’s governing or foundation body or trustees have agreed to sell or otherwise transfer to the local education authority any land of a description so specified.

Implementation of proposals

5(1)Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the implementation of proposals published under paragraph 2 or 3, including provision with respect to—

(a)the revision or replacement of the school’s instrument of government and the reconstitution of its governing body;

(b)the transfer of property, rights and liabilities (including such a transfer to or from a foundation body), and staff; and

(c)any transitional matters (whether relating to the implementation of proposals published under other provisions of this Act or otherwise).

(2)Regulations under sub-paragraph (1) may, in particular, make provision with respect to—

(a)restricting the disposal of land by a local authority which is used or held for the purposes of a school in relation to which proposals to change category are, or may be, published under paragraph 2, as from—

(i)the date of publication of such proposals; or

(ii)such other time as may be prescribed;

(b)restricting the taking of action by virtue of which any such land would cease to be so used or held to any extent;

(c)the consequences of any contravention of any such restriction;

(d)conferring on any prescribed body such functions as may be prescribed with respect to any such contravention.

(3)Regulations under sub-paragraph (1) may, in connection with any matters falling within that sub-paragraph—

(a)modify any provision made by or under this Part of this Act;

(b)apply any such provision with or without modifications;

(c)make provision corresponding or similar to any such provision.

6A school’s change of category under this Schedule shall not be taken as authorising or requiring any change in the character of the school conducted by its governing body (including, in particular, any religious character of the school).

Section 36(1).

SCHEDULE 9Constitution of governing bodies

Part ICategories of governor

Co-opted governors

1In this Schedule “co-opted governor” means a person who is appointed to be a member of the school’s governing body by being co-opted by governors who have not themselves been so appointed.

Foundation governors

2In this Act “foundation governor” means a person appointed to be a member of the school’s governing body, otherwise than by a local education authority, who—

(a)where the school has a particular religious character, is appointed for the purpose of securing that that character is preserved and developed, and

(b)where the school has a trust deed, is appointed for the purpose of securing that the school is conducted in accordance with that deed,

or, where the school has neither a religious character nor a trust deed, is appointed as a foundation governor of the school.

LEA governors

3In this Schedule “LEA governor” means a governor appointed to the school’s governing body by the local education authority.

Parent governors

4In this Schedule “parent governor” means—

(a)a person who is elected as a member of the school’s governing body by parents of registered pupils at the school and is himself such a parent at the time when he is elected, or

(b)a person who is appointed as a parent governor by the governing body in accordance with regulations.

Partnership governors

5In this Schedule “partnership governor” means a person nominated as a partnership governor, and appointed as such, in accordance with regulations.

Staff governors

6In this Schedule “staff governor” means a person—

(a)who is elected as a member of the school’s governing body by persons employed to work at the school otherwise than as teachers, and

(b)who is himself a person so employed at the time when he is elected;

and for this purpose “employed” means employed under a contract of employment or a contract for services.

Teacher governors

7In this Schedule “teacher governor” means a person—

(a)who is elected as a member of the school’s governing body by teachers at the school, and

(b)who is himself such a teacher at the time when he is elected;

and for this purpose “teacher” means a teacher employed under a contract of employment or a contract for services or otherwise engaged to provide his services as a teacher.

Head teacher

8At any time when the head teacher is a governor, he shall be treated for all purposes as being an ex officio governor.

Part IIConstitution of governing bodies

Community schools

9(1)The governing body of a community school shall consist of the following—

(a)the head teacher, except at any time when he chooses not to be a governor,

(b)governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

(c)any additional governors required by virtue of paragraph 15.

(2)The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a)in the case of a secondary school, where the school has less than 600 registered pupils, and

(b)in the case of a primary school, where the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

Community special schools

10(1)The governing body of a community special school shall consist of the following—

(a)the head teacher, except at any time when he chooses not to be a governor,

(b)governors of each of the categories specified in the first column of the table set out in paragraph 9, in the numbers specified in either the fourth or the fifth column, and

(c)any additional governors required by virtue of paragraph 15.

(2)The option of having a smaller governing body constituted in accordance with the fifth column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column of the table, the governing body of a community special school to which that column is applicable must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

(4)Whichever set of numbers applies to the governing body of such a school under the fourth or fifth column—

(a)the number of co-opted governors shall be reduced by one, and

(b)in place of that governor there shall be a representative governor appointed under sub-paragraph (5) or (6),

except in a case where sub-paragraph (6) applies and no voluntary organisation is designated for the purposes of that sub-paragraph.

(5)Where the school is established in a hospital, a representative governor shall be appointed—

(a)(if the hospital is vested in the Secretary of State) by the Health Authority; or

(b)(if the hospital is vested in a National Health Service trust) by that trust.

(6)Where the school is not established in a hospital, then—

(a)if a voluntary organisation is designated by the local education authority, in relation to the school, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised, a representative governor shall be appointed by that organisation; or

(b)if two or more voluntary organisations are so designated as appropriate voluntary organisations concerned with such matters, a representative governor shall be appointed by those organisations acting jointly.

Foundation schools

11(1)The governing body of a foundation school shall consist of the following—

(a)the head teacher, except at any time when he chooses not to be a governor,

(b)governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

(c)any additional governors required by virtue of paragraph 15.

Where the school does not have a foundation, the reference to foundation governors in the first column shall be read as a reference to partnership governors.

(2)The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a)in the case of a secondary school, where the school has less than 600 registered pupils, and

(b)in the case of a primary school, where the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Foundation special schools

12(1)The governing body of a foundation special school shall consist of the following—

(a)the head teacher, except at any time when he chooses not to be a governor,

(b)governors of each of the categories specified in the first column of the table set out in paragraph 11, in the numbers specified in either the fourth or the fifth column, and

(c)any additional governors required by virtue of paragraph 15.

Where the school does not have a foundation, the reference to foundation governors in the first column shall be read as a reference to partnership governors.

(2)The option of having a smaller governing body constituted in accordance with the fifth column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column of the table, the governing body of a foundation special school to which that column is applicable must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Voluntary controlled schools

13(1)The governing body of a voluntary controlled school shall consist of the following—

(a)the head teacher, except at any time when he chooses not to be a governor,

(b)governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

(c)any additional governors required by virtue of paragraph 15.

(2)The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a)in the case of a secondary school, where the school has less than 600 registered pupils, and

(b)in the case of a primary school, where the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Voluntary aided schools

14(1)The governing body of a voluntary aided school shall consist of the following—

(a)the head teacher, except at any time when he chooses not to be a governor,

(b)governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school,

(c)any additional governors required by virtue of paragraph 15, and

(d)such number of foundation governors as will lead to their outnumbering the other governors mentioned in paragraphs (a) to (c)—

(i)by three, in the case of a school to which the second column applies, or

(ii)by two, in the case of any other school.

(2)The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a)in the case of a secondary school, where the school has less than 600 registered pupils, and

(b)in the case of a primary school, where the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

(4)The foundation governors required by sub-paragraph (1)(d) must include—

(a)at least three governors who at the time of their appointment are parents of registered pupils at the school, in the case of a school to which the second column applies, or

(b)at least two such governors in the case of any other school.

Additional governors

15(1)If the governing body of any maintained school so determine, or regulations so require, the instrument of government for the school shall provide for the governing body to include, in addition to the governors required by virtue of the preceding provisions of this Schedule, such number of co-opted governors as may be specified in or determined in accordance with regulations.

(2)Regulations shall specify—

(a)the circumstances in which provision for such appointments is authorised or required to be made under this paragraph; and

(b)the categories of person from whom or from amongst whose members nominations for such appointments are to be sought.

(3)The instrument of government for any community or voluntary school which—

(a)is a primary school, and

(b)serves an area for which there are one or more minor authorities,

shall provide for the governing body to include (in addition to the governors required by virtue of paragraph 9, 13 or 14, as the case may be, and any required by virtue of sub-paragraph (1)) one co-opted governor nominated by the minor authority or (as the case may be) one of the minor authorities in question.

(4)Where any such school serves an area for which there are two or more minor authorities, the relevant governors shall, for the purposes of the appointment of any such co-opted governor, seek nominations from such one or more of those authorities as the governors think fit.

(5)In sub-paragraph (4) “the relevant governors” means those members of the school’s governing body who are not co-opted governors.

Substitutes for ex officio foundation governors

16Regulations may make provision for, and in connection with, the appointment of foundation governors to act in the place of ex officio foundation governors in cases where—

(a)any person holding a foundation governorship ex officio is unable or unwilling to act as a foundation governor, or

(b)there is a vacancy in the office by virtue of which such a governorship exists.

Adjustment in number of governors

17(1)Where—

(a)a maintained school has more governors of a particular category than are provided for by the instrument of government for the school in accordance with this Part of this Schedule, and

(b)the excess is not eliminated by the required number of governors of that category resigning,

such number of governors of that category as is required to eliminate the excess shall cease to hold office.

(2)If the excess has arisen in relation to foundation governors, the excess shall be eliminated in accordance with such procedure as is set out in the instrument of government for the school.

(3)If the excess has arisen in relation to any other category of governor, the excess shall be eliminated in accordance with such procedure as may be prescribed.

(4)Where the governing body of a maintained school includes any additional governors appointed in pursuance of paragraph 15, this paragraph shall apply to the school as if such of those governors as are nominated by a particular category of person constituted a separate category of governor.

Section 36(2).

SCHEDULE 10Incorporation and powers of governing bodies

Introductory

1(1)In the following paragraphs of this Schedule “the governing body” means the governing body of a maintained school incorporated under section 36(1).

(2)Where an existing school (other than a grouped school) becomes a maintained school on the appointed day in accordance with Schedule 2, the governing body of the school—

(a)shall continue in existence as a body corporate; and

(b)shall so continue in existence as if incorporated under section 36(1);

but as from that day the governing body shall (subject to regulations under sub-paragraph (3) or (4)) conform with Part II of Schedule 9.

(3)For the purposes of sub-paragraph (2) the governing body of each such existing school shall (subject to regulations under sub-paragraph (4)) be reconstituted under the instrument of government required by paragraph 6 of Schedule 12 before the appointed day; and regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the reconstitution of a governing body in pursuance of this sub-paragraph.

(4)Regulations may, in relation to cases where—

(a)the instrument of government required by paragraph 6 of Schedule 12 in the case of an existing school within sub-paragraph (2) above is not made before the appointed day, or

(b)the governing body of such a school are not reconstituted before that day,

make such provision as the Secretary of State considers necessary or expedient in connection with any of the following matters, namely—

(i)the making of such instruments of government on or after that day,

(ii)the reconstitution of governing bodies on or after that day, and

(iii)the existence of such bodies on and after that day pending their reconstitution at some later date.

(5)Regulations may, in relation to existing schools which are grouped schools, make such provision as the Secretary of State considers necessary or expedient in connection with the transition of such schools from being grouped under a single governing body to having their own governing bodies constituted under instruments of government made in accordance with Schedule 12.

(6)If the instrument of government required by paragraph 6 of Schedule 12 is not made before the appointed day in the case of an existing school, the following requirements, namely—

(a)the requirements of paragraph 2(1) below as to the name of the governing body, and

(b)the requirements of section 37(3) as to the name of the school,

shall not apply until such time as that instrument of government is made.

(7)In this paragraph “existing school” means (subject to sub-paragraph (8))—

(a)a county, controlled, aided or special agreement school or a maintained special school, or

(b)a grant-maintained or grant-maintained special school,

within the meaning of the [1996 c. 56.] Education Act 1996; and “grouped school” means a school grouped under section 89 or 280 of that Act.

(8)A school is not an existing school for the purposes of this paragraph if immediately before the appointed day—

(a)in the case of a school within paragraph (a) of sub-paragraph (7), it has a temporary governing body, or

(b)in the case of a school within paragraph (b) of that sub-paragraph, it has a governing body but it has not yet opened;

and for this purpose a school “opens” on the date when it first admits pupils.

(9)Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the transition of—

(a)any such school as is mentioned in sub-paragraph (8)(a) or (b), or

(b)any proposed school which would be a school within sub-paragraph (7)(a) and which has, or is required to have, a temporary governing body,

to a school with a governing body constituted under an instrument of government made in accordance with Schedule 12.

(10)Regulations under any provision of this paragraph may, in connection with any matters falling within that provision—

(a)modify any provision made by or under this Part of this Act;

(b)apply any such provision with or without modifications;

(c)make provision corresponding or similar to any such provision;

(d)provide for the continued application of any provision made by or under any of the Education Acts with or without modifications.

Name and seal of governing body

2(1)The governing body shall be known as “The governing body of . . .” with the addition of the name of the school as for the time being set out in the school’s instrument of government.

(2)The application of the seal of the governing body must be authenticated by the signature—

(a)of the chairman of the governing body, or

(b)of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(3)Every document purporting to be an instrument made or issued by or on behalf of the governing body and—

(a)to be duly executed under the seal of the governing body, or

(b)to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Powers of governing body

3(1)The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with, the conduct of the school.

(2)The governing body may in particular—

(a)borrow such sums as the governing body think fit and, in connection with such borrowing, grant any mortgage, charge or other security over any land or other property of the governing body;

(b)acquire and dispose of land and other property;

(c)enter into contracts;

(d)invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on;

(e)accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes; and

(f)do anything incidental to the conduct of the school.

(3)The power to borrow sums and grant security mentioned in sub-paragraph (2)(a) may only be exercised with the written consent—

(a)of the Secretary of State, or

(b)if an order under sub-paragraph (4) so provides, of the local education authority;

and any such consent may be given for particular borrowing or for borrowing of a particular class.

(4)The Secretary of State may by order make provision for his function of giving consent under sub-paragraph (3) to be instead exercisable—

(a)in the case of all maintained schools, or

(b)in the case of any class of such schools specified in the order,

by the local education authorities by whom those schools are maintained.

(5)In exercising that function those authorities shall comply with any directions contained in an order made by the Secretary of State.

(6)Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (2)(c) includes power to enter into contracts for the employment of teachers and other staff; but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school.

(7)Sub-paragraphs (1) and (2) have effect subject to—

(a)any provisions of the school’s instrument of government; and

(b)any provisions of a scheme under section 48 which relates to the school.

Dissolution of governing body

4(1)If the school is discontinued, the governing body are dissolved by virtue of this paragraph—

(a)on the discontinuance date, or

(b)on such later date as the Secretary of State may specify by order made before the discontinuance date.

(2)In this paragraph “the discontinuance date” means—

(a)the date when proposals for discontinuing the school are implemented under Part III of Schedule 6,

(b)the date when the school is discontinued under section 30, or

(c)the date specified in a direction given under section 19(1) or 32(1),

as the case may be.

Section 36(3).

SCHEDULE 11Membership and proceedings etc. of governing bodies

Part IMembership and proceedings

Regulations about governing bodies

1Regulations may make in relation to governing bodies of maintained schools such provision as is authorised by the following provisions of this Part of this Schedule.

Election or appointment of governors

2(1)The regulations may make provision—

(a)as to the procedures to be followed in connection with the election or appointment of persons as governors of such schools or in connection with the nomination of persons to be so appointed;

(b)imposing requirements which must be complied with in relation to the appointment or nomination of persons as governors of any prescribed category;

(c)as to the circumstances in which persons are qualified or disqualified—

(i)for being elected, appointed or nominated as governors of any such category, or

(ii)for voting in an election of such governors.

(2)The regulations may make provision—

(a)for enabling the local education authority or (as the case may be) the governing body to determine, for the purposes of any such election, whether any person is a person of such a description as is specified in the regulations;

(b)for requiring appointments falling to be made by persons acting jointly to be made, in any prescribed circumstances, by or in accordance with a direction given by the Secretary of State.

Qualifications and tenure of office

3The regulations may make provision as to—

(a)the circumstances in which persons are qualified or disqualified for holding office as governors;

(b)the term of office of governors (subject to any provision made by virtue of sub-paragraph (a));

(c)the resignation or removal of governors from office.

Meetings and proceedings

4(1)The regulations may make provision as to the meetings and proceedings of governing bodies.

(2)The provision authorised by sub-paragraph (1) includes, in particular, provision—

(a)for the election by the governors of a school of one of their number to be chairman, and one to be vice-chairman, of the governing body;

(b)for the period for which the chairman and vice-chairman are to be elected and for the removal from office of either of those persons;

(c)for the establishment by a governing body of committees (which may include persons who are not members of the governing body) and for the constitution, meetings and proceedings of committees so established;

(d)for the delegation of functions of a governing body, in such circumstances as may be specified, to committees established by that body, to any member of that body or to the head teacher;

(e)for the chairman, or such other member of a governing body as may be specified, to have power in specified circumstances to discharge any of the governing body’s functions as a matter of urgency;

(f)as to the quorum required in any specified circumstances;

(g)for securing that proceedings of a governing body, or of any committee established by them, are not invalidated by any vacancy among the governors, or among the members of any such committee, or in any other specified circumstances;

(h)requiring decisions taken by a governing body in any specified circumstances to be confirmed at a second meeting of that body held within such period as may be specified.

(3)In sub-paragraph (2) “specified” means specified in the regulations.

(4)The regulations may authorise or require governing bodies to make provision with respect to any matters relating to their meetings or proceedings (including any of the matters mentioned in sub-paragraph (2)).

(5)Subject to the regulations, a governing body may regulate their own procedure and that of any of their committees.

Information as to meetings and proceedings

5(1)The regulations may make provision requiring a governing body—

(a)to make minutes (including draft minutes) of their proceedings available for inspection by the local education authority;

(b)to make available—

(i)to such persons or classes of person as may be specified, and

(ii)in such form, and at such times, as may be specified,

such documents and information relating to their meetings and proceedings as may be specified.

(2)In sub-paragraph (1) “specified” means specified in the regulations.

Part IIOther provisions about governors

Governors' expenses

6(1)A governor shall be entitled to receive such allowances, payable at such rates, as the governing body may determine in accordance with regulations.

(2)Sub-paragraph (1) does not apply at any time when the school does not have a delegated budget, and the payment of allowances to a governor at any such time shall instead be in accordance with a scheme made by the local education authority for the purposes of section 519 of the [1996 c. 56.] Education Act 1996.

Training and support of governors

7The local education authority shall—

(a)(to the extent that they are not otherwise required to secure the provision of such information) secure that every governor is provided, free of charge, with such information as they consider appropriate in connection with the discharge of his functions as a governor; and

(b)secure that there is made available to every governor, free of charge, such training as they consider necessary for the effective discharge of those functions.

Part IIIClerk to the governing body

Appointment etc. of clerk

8Regulations may make provision—

(a)requiring the appointment of a clerk to the governing body of a maintained school and authorising or requiring the appointment of clerks to committees of the governing body;

(b)prescribing the body by whom any such appointment is to be made and any restrictions or other requirements relating to any such appointment;

(c)as to the dismissal of any such clerk and the procedure to be followed in connection with his dismissal;

(d)authorising the governing body or a committee of the governing body, where the clerk fails to attend a meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting.

Section 37.

SCHEDULE 12Instruments of government

Contents and form of instrument of government

1(1)The instrument of government for a maintained school shall set out—

(a)the name of the school;

(b)the category of school (within section 20(1)) to which the school belongs;

(c)the name of the governing body of the school;

(d)the manner in which the governing body are to be constituted, specifying—

(i)the categories of governor and the number of governors in each category,

(ii)the categories of person from whom or from amongst whose members nominations for the appointment of any additional governors required by virtue of paragraph 15 of Schedule 9 are to be sought,

(iii)the number of such governors for whose appointment nominations are to be sought in the case of each such category of person,

(iv)where the school is a community special school, whether it has a representative governor by virtue of paragraph 10 of Schedule 9, and

(v)the total number of governors;

(e)where the school has foundation governors—

(i)the name of any foundation body or person who is entitled to appoint such governors and (if there is more than one such person) the basis on which such appointments are made,

(ii)details of any foundation governorship to be held ex officio by the holder of a named office and the name of any person entitled to make any appointment by virtue of paragraph 16 of Schedule 9, and

(iii)the procedure to be adopted for eliminating any excess in the number of foundation governors for the purposes of paragraph 17 of that Schedule;

(f)where the school is a community special school, the names of any body or bodies by whom any representative governor is appointed under paragraph 10 of that Schedule;

(g)where the school is a foundation or voluntary school which has a religious character, a description of the ethos of the school; and

(h)the date when the instrument takes effect.

(2)The manner in which the governing body are to be constituted, as set out in the instrument in accordance with sub-paragraph (1)(d), must conform with the provisions of—

(a)Part II of Schedule 9, and

(b)any regulations made under paragraph 15 of that Schedule,

as they apply to a school of the category to which the school belongs.

(3)Where, for the purposes of any provision of that Part of that Schedule, it is material to determine the number of registered pupils at the school, that number shall be determined as at the date when the instrument is made.

(4)The instrument shall (subject to any other statutory provision) comply with any trust deed relating to the school.

(5)The instrument shall be made in such form as may be prescribed.

Making of instruments of government

2(1)Paragraph 3 shall apply in connection with the making of an instrument of government for a maintained school subject to any relevant modifications.

(2)In sub-paragraph (1) “relevant modifications” means—

(a)where the instrument of government is to be made in pursuance of paragraph 6 for a school which is to become a maintained school on the appointed day in accordance with Schedule 2, modifications prescribed under that paragraph;

(b)where the instrument of government is to be made in pursuance of regulations under section 44 for a new maintained school, modifications prescribed under that section; and

(c)where the instrument of government is to be made in pursuance of regulations under paragraph 5 of Schedule 8 for a school changing its category in accordance with that Schedule, modifications prescribed by regulations under that paragraph.

Procedure for making instrument

3(1)The governing body shall prepare a draft of the instrument and submit it to the local education authority.

(2)Where the school has foundation governors, the governing body shall not submit the draft to the authority unless the following persons have agreed to the contents of the draft, namely—

(a)the foundation governors;

(b)any trustees under a trust deed relating to the school; and

(c)in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority.

(3)On receiving the draft the authority shall consider whether it complies with all applicable statutory provisions, and if—

(a)the authority are content with the draft, or

(b)there is agreement between the authority, the governing body and (if the school has foundation governors) the persons mentioned in sub-paragraph (2) that the draft should be revised to any extent,

the instrument shall be made by order of the authority in the form of the draft or (as the case may be) in the form of the revised draft.

(4)If, in the case of a school which has foundation governors, there is at any time disagreement as to the contents of the draft among the bodies and persons mentioned in sub-paragraph (3)(b), any of those bodies or persons may refer the draft to the Secretary of State; and on such a reference the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the category of school to which the school belongs.

(5)If neither of paragraphs (a) and (b) of sub-paragraph (3) applies in the case of a school which does not have foundation governors, the authority shall—

(a)notify the governing body of the reasons why they are not content with the draft instrument, and

(b)give the governing body a reasonable opportunity to reach agreement with the authority on revising the draft;

and the instrument shall be made by order of the authority either in the form of a revised draft agreed between the authority and the governing body or (in the absence of such agreement) in such form as the authority think fit having regard, in particular, to the category of school to which the school belongs.

(6)When taking any decision as to the name of the school the governing body, the authority and (if the school has foundation governors) the persons mentioned in sub-paragraph (2), shall have regard to any guidance given from time to time by the Secretary of State.

(7)Nothing in this paragraph requires the agreement of, or enables any objection to be made by, any body or person to any part of a draft instrument that reflects any decision taken by the governing body or any other person which the governing body or that person is required or authorised to take by virtue of any statutory provision.

Review of instruments of government

4(1)The governing body or the local education authority may review the instrument at any time after it is made.

(2)The governing body or the authority shall review the instrument on such occasions as may be prescribed; and regulations may require the instrument to be varied at the instance of the governing body in such circumstances as may be prescribed.

(3)Where—

(a)on any review the governing body or the authority decide that the instrument should be varied, or

(b)any regulations under sub-paragraph (2) require the instrument to be varied,

the governing body or (as the case may be) the authority shall notify the other of their proposed variation.

(4)Where the governing body have received a notification under sub-paragraph (3), they shall notify the authority as to whether or not they are content with it.

(5)Where the school has foundation governors, the governing body shall not give the authority—

(a)any notification under sub-paragraph (3), or

(b)any notification under sub-paragraph (4) to the effect that they are content with the authority’s proposed variation,

unless the persons mentioned in paragraph 3(2) have agreed to the proposed variation.

(6)If—

(a)both the governing body and the authority are content with a proposed variation as notified under sub-paragraph (3), or

(b)there is agreement between the authority, the governing body and (if the school has foundation governors) the persons mentioned in paragraph 3(2) that some other variation should be made instead,

the instrument shall be varied accordingly by order of the authority.

(7)If, in the case of a school which has foundation governors, there is at any time disagreement as to the proposed variation among the bodies and persons mentioned in sub-paragraph (6)(b), any of those bodies or persons may refer the proposed variation to the Secretary of State; and on such a reference the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the category of school to which the school belongs.

(8)If neither of paragraphs (a) and (b) of sub-paragraph (6) applies in the case of a school which does not have foundation governors, the authority shall—

(a)notify the governing body of the reasons—

(i)why they are not content with the governing body’s proposed variation, or

(ii)why they wish to proceed with their own proposed variation,

as the case may be, and

(b)give the governing body a reasonable opportunity to reach agreement with the authority on revising the variation;

and the instrument shall be varied by order of the authority either in the manner agreed between the authority and the governing body or (in the absence of such agreement) in such manner as the authority think fit having regard, in particular, to the category of school to which the school belongs.

(9)Where there is no such agreement (and no variation is required by regulations under sub-paragraph (2)), sub-paragraph (8) does not require the authority to vary the instrument if they consider it appropriate not to do so.

(10)The following requirements under paragraph 3, namely—

(a)the requirement under sub-paragraph (3) for the authority to consider compliance with all applicable statutory provisions, and

(b)the requirement under sub-paragraph (6) to have regard, in connection with the name of the school, to guidance given by the Secretary of State,

shall apply in relation to a proposed variation of an instrument of government as they apply in relation to a draft of such an instrument.

(11)Where an instrument of government is varied under this paragraph—

(a)the instrument shall set out the date on which the variation takes effect, and

(b)paragraph 1(3) shall apply in relation to any variation relating to the manner in which the governing body are to be constituted as if it referred to the date when the variation is made rather than the date when the instrument is made.

(12)Nothing in this paragraph requires the agreement of, or enables any objection to be made by, any body or person to any proposed variation that reflects any decision taken by the governing body or any other person which the governing body or that person is required or authorised to take by virtue of any statutory provision.

Other requirements relating to instruments of government

5Regulations may make provision imposing on local education authorities requirements with respect to the provision of—

(a)copies of instruments of government made or varied by them; or

(b)information relating to such instruments.

Duty to secure making of first instrument of government

6(1)A local education authority shall secure that, by the end of such period as may be prescribed, an instrument of government has been made in accordance with this Schedule for each school which is to be, or is, maintained by them as from the appointed day in accordance with section 20(4) or (5).

(2)Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the making of instruments of government in pursuance of sub-paragraph (1), including provision modifying any provision of this Schedule or Schedule 9.

Section 40.

SCHEDULE 13Control of school premises by governing bodies

Community and community special schools: general

1(1)This paragraph applies to a community or community special school.

(2)The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—

(a)any directions given by the local education authority under sub-paragraph (3);

(b)any transfer of control agreement entered into by the governing body under paragraph 2; and

(c)any requirements of an enactment other than this Act or regulations made under it.

(3)The local education authority may give such directions as to the occupation and use of the premises of a community or community special school as they think fit.

(4)In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

Transfer of control agreement in case of community or community special school

2(1)Subject to sub-paragraph (2), the governing body of a community or community special school may enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises.

(2)The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.

(3)A transfer of control agreement shall be taken to include the following terms, namely—

(a)that the governing body shall notify the controlling body of any directions given to the governing body under paragraph 1(3);

(b)that the controlling body, in exercising control of the use of any premises subject to the agreement—

(i)shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a); and

(ii)shall have regard to the desirability of the premises being made available for community use; and

(c)that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

(i)the use of the specified premises at those times shall be under the control of the governing body, and

(ii)accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

(4)Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

(5)In such a case paragraph (c) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(6)Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions as are notified to that body in pursuance of sub-paragraph (3)(a).

(7)In this paragraph—

• “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;

• “transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Foundation and foundation special schools: general

3(1)This paragraph applies to a foundation or foundation special school.

(2)The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—

(a)any transfer of control agreement entered into by the governing body under paragraph 4; and

(b)any requirements of an enactment other than this Act or regulations made under it.

(3)In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

(4)Where the school has a trust deed which provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 4) the use of those premises is or would be under the control of such a person—

(a)this paragraph, and

(b)paragraph 4,

shall have effect in relation to the school with the substitution of references to that person for references to the governing body.

Transfer of control agreement in case of foundation or foundation special school

4(1)Subject to sub-paragraph (2), the governing body of any foundation or foundation special school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—

(a)they may do so even though the school has a trust deed that would, apart from this sub-paragraph, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

(b)they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by any such trust deed as would apply if control were being exercised by the governing body.

(2)The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the Secretary of State’s consent to the agreement in so far as it makes such provision.

(3)A transfer of control agreement shall be taken to include the following terms, namely—

(a)that the controlling body, in exercising control of the use of any premises subject to the agreement, shall have regard to the desirability of the premises being made available for community use; and

(b)that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

(i)the use of the specified premises at those times shall be under the control of the governing body, and

(ii)accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

(4)Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

(5)In such a case paragraph (b) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(6)In this paragraph—

• “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;

• “transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Voluntary schools: general

5(1)This paragraph applies to a voluntary school.

(2)The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—

(a)any directions given by the local education authority—

(i)(in the case of a voluntary controlled school) under sub-paragraph (3), or

(ii)(in the case of a voluntary aided school) under paragraph 7(3);

(b)any transfer of control agreement entered into by the governing body under paragraph 6; and

(c)any requirements of an enactment other than this Act or regulations made under it.

(3)The local education authority may give such directions as to the occupation and use of the premises of a voluntary controlled school as they think fit (subject to paragraph 7(1) and (2)).

(4)Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 6) the use of those premises is or would be under the control of such a person—

(a)this paragraph, and

(b)paragraphs 6 and 7,

shall have effect in relation to the school with the substitution of references to that person for references to the governing body.

Transfer of control agreement in case of voluntary school

6(1)Subject to sub-paragraph (2), the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—

(a)they may do so even though the trust deed for the school would, apart from this sub-paragraph, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

(b)they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would apply if control were being exercised by the governing body.

(2)The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.

(3)A transfer of control agreement shall be taken to include the following terms, namely—

(a)that the governing body shall notify the controlling body of—

(i)any directions given to the governing body under paragraph 5(3) (in the case of a voluntary controlled school) or paragraph 7(3) (in the case of a voluntary aided school); and

(ii)any determination made by the foundation governors under paragraph 7(2) (in the case of a voluntary controlled school);

(b)that the controlling body, in exercising control of the use of any premises subject to the agreement—

(i)shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a); and

(ii)shall have regard to the desirability of the premises being made available for community use; and

(c)that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

(i)the use of the specified premises at those times shall be under the control of the governing body, and

(ii)accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

(4)Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

(5)In such a case paragraph (c) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(6)Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of sub-paragraph (3)(a).

(7)In this paragraph—

• “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;

• “transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Control of use of premises of voluntary school outside school hours

7(1)The governing body may determine the use to which the premises of a voluntary controlled school (or any part of them) are put on Saturdays when not required—

(a)for the purposes of the school, or

(b)for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises (or on the part in question).

(2)The foundation governors may determine the use to which the premises of a voluntary controlled school (or any part of them) are put on Sundays.

(3)If the local education authority—

(a)desire to provide accommodation for any purpose connected with education or with the welfare of the young, and

(b)are satisfied that there is no suitable alternative accommodation in their area for that purpose,

they may direct the governing body of a voluntary aided school to provide accommodation free of charge for that purpose on the school premises (or any part of them) on any weekday when not needed for the purposes of the school.

(4)The local education authority shall not exercise their power under sub-paragraph (3) so as to direct the governing body to provide accommodation on more than three days in any week.

(5)In exercising control of the occupation and use of the premises of a voluntary school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

Saving

8The power of the governing body of a maintained school to control the occupation and use of the premises of the school shall be subject to any arrangements made under or by virtue of—

(a)an agreement made under paragraph 1 or 2 of Schedule 10 to the [1988 c. 40.] Education Reform Act 1988 or a determination made in accordance with paragraph 62 or 63 of Schedule 8 to the [1992 c. 13.] Further and Higher Education Act 1992; or

(b)an agreement made under paragraph 1 or 2 of Schedule 5 to the [1992 c. 13.] Further and Higher Education Act 1992 or a determination made in accordance with paragraph 3 or 4 of that Schedule.

Interpretation

9In this Schedule—

• “community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;

• “school hours” means any time during a school session or during a break between sessions on the same day;

• “school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 41.

Section 48.

SCHEDULE 14Local education authority schemes: approval, imposition and revision

Approval or imposition of schemes by Secretary of State

1(1)A scheme prepared by a local education authority under section 48(1) shall be submitted to the Secretary of State on or before such date as he may by order direct, whether—

(a)generally; or

(b)in relation to that authority or to any class or description of local education authorities to which that authority belongs.

(2)In preparing such a scheme a local education authority shall take into account any guidance given by the Secretary of State, whether—

(a)generally, or

(b)in relation to that authority or to any class or description of local education authorities to which that authority belongs,

as to the provisions he regards as appropriate for inclusion in the scheme.

(3)Before preparing such a scheme the local education authority shall consult—

(a)where this sub-paragraph applies in relation to any time before the appointed day—

(i)the governing body and the head teacher of every school maintained by the authority as a county, voluntary or maintained special school (within the meaning of the [1996 c. 56.] Education Act 1996), and

(ii)the governing body and the head teacher of every grant-maintained or grant-maintained special school (within the meaning of that Act) in the area of the authority; and

(b)where this sub-paragraph applies in relation to any time on or after the appointed day, the governing body and the head teacher of every school maintained by the authority (within the meaning of this Chapter);

and in paragraph (a)(i) “every school” includes any new school (within the meaning of Part II of the [1996 c. 56.] Education Act 1996).

(4)Such a scheme shall not come into force until it has been approved by the Secretary of State or until such date as he may, in giving his approval, specify; and the Secretary of State may approve such a scheme—

(a)either without modifications or with such modifications as he thinks fit after consulting the authority concerned; and

(b)subject to such conditions as he may specify in giving his approval.

(5)If in the case of any local education authority either—

(a)the authority fail to submit a scheme as required by sub-paragraph (1), or

(b)it appears to the Secretary of State that a scheme submitted by the authority as required by that sub-paragraph does not accord with any guidance given by him for the purposes of this paragraph and cannot be made to do so merely by modifying it,

he may, after consulting the authority and such other persons as he thinks fit, impose a scheme making such provision of a description required to be made by a scheme under section 48 as he considers appropriate.

(6)A scheme imposed by the Secretary of State by virtue of sub-paragraph (5)—

(a)shall be treated as if made under section 48 by the local education authority concerned; and

(b)shall come into force on such date as may be specified in the scheme.

(7)A scheme shall be published in such manner as may be prescribed—

(a)on its coming into force, and

(b)on such subsequent occasions as may be prescribed.

Revision of schemes

2(1)A local education authority may, in accordance with this paragraph, revise the whole or any part of the scheme prepared by them under section 48(1).

(2)Section 48(1) and paragraph 1(2) shall apply in relation to the preparation by the authority of any revision under this paragraph as they apply in relation to the preparation by the authority of a scheme.

(3)As regards any proposed variation of the scheme, the authority—

(a)shall first consult every governing body and head teacher whom they are obliged to consult under paragraph 1(3), and

(b)shall then submit a copy of their proposals to the Secretary of State for his approval.

(4)Where the proposals are so submitted, paragraph 1(4) shall apply to the scheme as revised as it applies to a scheme prepared under section 48.

(5)The Secretary of State may by a direction revise the whole or any part of any scheme as from such date as may be specified in the direction.

(6)Before giving such a direction the Secretary of State shall consult the local education authority and such other persons as he thinks fit.

Section 51.

SCHEDULE 15Suspension of financial delegation

Suspension of financial delegation for mismanagement, etc.

1(1)This paragraph applies where it appears to the local education authority that the governing body of a school which has a delegated budget—

(a)have been guilty of a substantial or persistent failure to comply with any delegation requirement or restriction, or

(b)are not managing in a satisfactory manner the expenditure or appropriation of the sum referred to in section 50(1).

(2)The authority may suspend the governing body’s right to a delegated budget by giving the governing body not less than one month’s notice of the suspension, unless by reason of any gross incompetence or mismanagement on the part of the governing body or other emergency it appears to the authority to be necessary—

(a)to give the governing body a shorter period of notice, or

(b)to give the governing body a notice suspending their right to such a budget with immediate effect.

(3)The notice must specify the grounds for the suspension, giving particulars—

(a)of any alleged failure on the part of the governing body to comply with any delegation requirement or restriction;

(b)of any alleged mismanagement on their part; and

(c)if applicable, of the basis upon which a period of notice of less than one month was given under sub-paragraph (2).

(4)The notice must also inform the governing body of their right to appeal against the suspension under paragraph 3 and of the time within which such an appeal may be brought.

(5)A copy of the notice must be given to the head teacher of the school at the same time as the notice is given to the governing body.

(6)The authority shall send a copy of the notice to the Secretary of State.

(7)In this paragraph “delegation requirement or restriction” means any requirement or restriction applicable, under or by virtue of the scheme or section 50(3), to the management by the governing body of the school’s budget share.

(8)Any notice given under this paragraph must be in writing.

Review of suspension

2(1)The local education authority concerned—

(a)shall review before the beginning of every financial year any suspension under paragraph 1 which is for the time being in force, unless the suspension took effect less than two months before the beginning of that year; and

(b)may review at any time any suspension under paragraph 1 which is for the time being in force, if they consider it appropriate to do so.

(2)For the purposes of any review under sub-paragraph (1), the authority shall give the governing body and the head teacher of the school an opportunity of making representations with respect to the suspension.

(3)If on the review the authority consider it appropriate to do so, they shall revoke the suspension—

(a)(in the case of a review under sub-paragraph (1)(a)) with effect from the beginning of the financial year next following the review; or

(b)(in the case of a review under sub-paragraph (1)(b)) with effect from such time before the beginning of the financial year next following the review as they may determine.

(4)The authority shall give the governing body and the head teacher notice in writing of their decision on the review.

(5)If—

(a)the review was conducted under sub-paragraph (1)(a), and

(b)the authority’s decision is to refuse to revoke the suspension,

the notice must inform the governing body of their right to appeal against the refusal under paragraph 3 and of the time within which such an appeal may be brought.

Appeal against suspension or refusal to revoke it

3(1)A governing body may appeal to the Secretary of State against—

(a)the imposition of any suspension under paragraph 1 of their right to a delegated budget; or

(b)any refusal of a local education authority to revoke any such suspension on a review under paragraph 2(1)(a).

(2)An appeal under this paragraph must be brought within the period of two months beginning with the date on which the governing body receive the authority’s notice under paragraph 1(2) or 2(4), as the case may be.

(3)But if the authority’s notice failed to comply with paragraph 1(4) or 2(5), such an appeal may be brought at any time before the end of the period of two months beginning with the date on which the governing body are informed by the authority in writing of their right of appeal under this paragraph.

(4)On an appeal under this paragraph, the Secretary of State—

(a)may allow or reject the appeal; and

(b)shall have regard, in making his determination, to the gravity of the default on the part of the governing body and the likelihood of its continuing or recurring.

(5)Where the Secretary of State allows an appeal under this paragraph, the suspension of the governing body’s right to a delegated budget shall be revoked from a date determined by the Secretary of State.

Effect of suspension of right to delegated budget

4(1)During any period when a governing body’s right to a delegated budget is suspended under paragraph 1—

(a)the local education authority’s duty under section 50(1) shall not apply in relation to the school; but

(b)the authority may permit the governing body to take such decisions as to the spending of sums to be met from the school’s budget share as the authority consider appropriate.

(2)Where in accordance with sub-paragraph (1)(b) the governing body have decided that a particular sum should be spent, they shall, in spending that sum, comply with such reasonable conditions as the authority think fit to impose.

(3)The governing body may, to such extent as they may specify, delegate their powers in relation to that sum to the head teacher.

Section 54.

SCHEDULE 16Staffing of community, voluntary controlled and community special schools

Introductory

1(1)In this Schedule “the school” means a community, voluntary controlled or community special school.

(2)References in this Schedule to a vacancy in any post include a prospective vacancy in the post, and references to a person’s absence are to his absence, or prospective absence, from the school.

(3)References in this Schedule to staff qualification requirements are to any requirements with respect to—

(a)qualifications,

(b)registration,

(c)health and physical capacity, or

(d)fitness on educational grounds or in any other respect,

of teachers or other persons employed, or otherwise engaged to provide their services, in work that brings them regularly into contact with persons who have not attained the age of 19 which for the time being apply under regulations under section 218 of the [1988 c. 40.] Education Reform Act 1988 (regulations relating to employment of teachers etc.) or section 19 of the [1998 c. 30.] Teaching and Higher Education Act 1998 (induction training).

(4)References in this Schedule to the chief education officer of the local education authority include any officer of the authority nominated by the chief education officer.

Appointment of head teacher and deputy head teacher

2Paragraphs 3 to 7 apply in relation to the filling of a vacancy in the post of head teacher or deputy head teacher of the school.

3The governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned in paragraphs 4 to 7.

4(1)Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant, the governing body shall either—

(a)recommend a person for appointment as acting head teacher, or

(b)exercise their power under sub-paragraph (5).

(2)Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant, the governing body may—

(a)recommend a person for appointment as acting deputy head teacher, or

(b)exercise their power under sub-paragraph (5).

(3)If the governing body recommend a person for appointment as acting head teacher or acting deputy head teacher, the local education authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(4)If the authority decline to appoint a person recommended by the governing body for appointment as acting head teacher, the governing body shall recommend another person for appointment.

(5)Instead of making a recommendation under sub-paragraph (1) or (2) the governing body may for the purpose of filling the vacancy—

(a)engage, or

(b)make arrangements for the engagement of,

a person to provide his services as acting head teacher, or (as the case may be) acting deputy head teacher, otherwise than under a contract of employment with the local education authority.

(6)No person shall be engaged under sub-paragraph (5) unless he meets all the staff qualification requirements applicable in relation to the head teacher or (as the case may be) deputy head teacher at the school.

5The governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

6(1)The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on them by this paragraph.

(2)The selection panel shall—

(a)select for interview such applicants for the post as they think fit and, where the post is that of head teacher, notify the local education authority in writing of the names of the applicants so selected,

(b)interview such of those applicants as attend for the purpose,

(c)where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them, and

(d)if their recommendation is approved by the governing body, recommend the applicant in question to the local education authority for appointment.

(3)Any decision of the selection panel shall be taken by a vote representing an absolute majority of all the members of the panel (whether or not taking part in the vote).

(4)If, within the period of 14 days beginning with the date when they receive a notification under sub-paragraph (2)(a), the authority make written representations to the selection panel that any of the applicants selected by the panel is not a suitable person for the appointment, the panel shall not recommend that person to the governing body for appointment unless the panel have—

(a)considered those representations, and

(b)notified the authority in writing of their response to the representations;

and when making such a recommendation the panel shall supply the governing body with a copy of those representations and of the panel’s response to them.

(5)If the panel do not recommend a person to the governing body, or the governing body do not approve their recommendation, the governing body—

(a)may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

(b)whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (2).

(6)In determining whether a person is suitable for appointment as head teacher the authority shall have regard to any guidance given from time to time by the Secretary of State.

7(1)Where the governing body approve a recommendation of the selection panel, the local education authority shall appoint the person recommended by the panel unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2)If the authority decline to appoint the person recommended by the panel, the governing body—

(a)may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

(b)whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in paragraph 6(2).

8(1)The governing body may, in connection with any absence of the person for the time being holding the post of head teacher or deputy head teacher of the school, take either of the steps mentioned in paragraphs (a) and (b) of sub-paragraph (1) or (as the case may be) (2) of paragraph 4.

(2)For the purposes of this paragraph—

(a)paragraph 4(3) shall apply in relation to any recommendation made by virtue of sub-paragraph (1) above as it applies in relation to any recommendation made by virtue of paragraph 4(1) or (2); and

(b)paragraph 4(5) and (6) shall apply in connection with any such absence as is mentioned in sub-paragraph (1) above as they apply for the purpose of filling any such vacancy as is mentioned in paragraph 4(1) or (2).

Appointment of other teachers

9Subject to paragraph 10, paragraphs 11 to 15 apply in relation to the filling of a vacancy in any teaching post (whether full-time or part-time) at the school, other than the post of head teacher or deputy head teacher.

10(1)Paragraphs 11 to 15 do not apply in relation to any temporary appointment or engagement to fill a vacancy in any such post as is mentioned in paragraph 9—

(a)for a period not exceeding four months, or

(b)where it appears to the governing body that the period for which the person appointed or engaged will act in the post in question will not exceed four months.

(2)Where it appears to the governing body in the case of any post that it would be appropriate for such an appointment as is mentioned in sub-paragraph (1) to be made—

(a)they may recommend a person for appointment to the post on such terms as to the duration of the appointment as they may specify, and

(b)the local education authority shall appoint the person recommended on the terms specified unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(3)Where it appears to the governing body in the case of any post that it would be appropriate for such an engagement as is mentioned in sub-paragraph (1) to be made, the governing body may—

(a)engage, or

(b)make arrangements for the engagement of,

a person to provide his services as a teacher at the school otherwise than under a contract of employment with the local education authority.

(4)Any engagement under sub-paragraph (3) shall be on such terms as to the duration of the engagement as the governing body may specify; but no person shall be engaged under that sub-paragraph unless he meets all the staff qualification requirements applicable in relation to a teacher in the post in which he would be acting as a temporary teacher.

11Before taking any of the steps mentioned below, the governing body shall—

(a)determine a specification for the post in consultation with the head teacher, and

(b)send a copy of the specification to the local education authority.

12(1)The local education authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill it and who at the time of his nomination either—

(a)is an employee of theirs or has been appointed to take up employment with them at a future date, or

(b)is employed by the governing body of a foundation, voluntary aided or foundation special school maintained by them.

(2)No person who is employed at any school maintained by the authority shall be nominated by the authority under sub-paragraph (1) without the consent of the governing body of the school.

13(1)The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the local education authority in accordance with paragraph 11, and shall do so unless either—

(a)they accept for appointment to the post a person nominated by the local education authority under paragraph 12, or

(b)they decide to recommend to the authority for appointment to the post a person who is already employed to work at the school.

(2)Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill it.

14(1)Where the governing body advertise the vacancy, they shall—

(a)interview such applicants for the post and such of the persons (if any) nominated by the local education authority under paragraph 12 as they think fit, and

(b)where they consider it appropriate to do so, either recommend to the authority for appointment one of the applicants interviewed by them or notify the authority that they accept for appointment any person nominated by the authority under paragraph 12.

(2)If the governing body are unable to agree on a person to recommend or accept for appointment, they may repeat the steps mentioned in sub-paragraph (1)(a) and (b), with or without first re-advertising the vacancy in accordance with paragraph 13(2).

15(1)The local education authority shall appoint the person recommended or accepted for appointment by the governing body unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2)If the authority decline to appoint a person recommended by the governing body, the governing body shall repeat such of the steps mentioned in paragraph 14(1)(a) and (b) as they think fit, with or without first re-advertising the vacancy in accordance with paragraph 13(2).

16(1)The governing body may, in connection with any absence of the person for the time being holding any such post as is mentioned in paragraph 9—

(a)engage, or

(b)make arrangements for the engagement of,

a person to provide his services as a teacher at the school otherwise than under a contract of employment with the local education authority.

(2)No person shall be engaged under sub-paragraph (1) unless he meets all the staff qualification requirements applicable in relation to a teacher in the post in which he would be acting as a temporary teacher.

17The governing body may, in relation to a particular vacancy or absence or a vacancy or absence of a kind specified by them, delegate any of their functions under paragraphs 10 to 16—

(a)to one or more governors,

(b)to the head teacher, or

(c)to one or more governors and the head teacher acting together.

Advice of chief education officer on appointments of teachers

18(1)The chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice—

(a)all proceedings (including interviews) of the governing body, and of any selection panel appointed under paragraph 6, relating to appointments or engagements to which any of the provisions of paragraphs 3 to 8 apply, and

(b)all proceedings (including interviews) of the governing body, and of any persons to whom any functions of the governing body under paragraphs 10 to 16 are delegated, relating to appointments or engagements to which any of the provisions of paragraphs 10 to 16 apply.

(2)The chief education officer shall offer such advice as he considers appropriate with respect to—

(a)the appointment of a head teacher or deputy head teacher or the appointment or engagement of an acting head teacher or acting deputy head teacher, or

(b)any matter arising in connection with any such appointment or engagement.

(3)If requested to do so by the governing body, the chief education officer shall give such advice as he considers appropriate in relation to any appointment or engagement to which any of the provisions of paragraphs 10 to 16 apply.

(4)Any advice given by the chief education officer to—

(a)the governing body,

(b)any selection panel appointed under paragraph 6, or

(c)any persons to whom any functions of the governing body under paragraphs 10 to 16 are delegated,

with respect to any matter which relates to an appointment or engagement and falls to be determined by them shall be considered by them before determining that matter, whether or not the advice was given at their request.

Advice of head teacher on appointments etc. of teachers

19Except in relation to the appointment of a head teacher—

(a)paragraph 18(1) applies in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer, and

(b)paragraph 18(4) applies in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.

Appointment of non-teaching staff

20(1)Where the governing body desire the appointment of a person to work in a non-teaching post at the school, they may recommend a person to the local education authority for appointment to the post.

(2)A recommendation under this paragraph shall be in writing and shall specify—

(a)the duties to be performed by the person appointed (including, where the post is part-time, his hours of work) and such terms (if any) as to the duration of his appointment as are proposed by the governing body;

(b)the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and

(c)where the authority have a discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies and which the governing body consider appropriate in the case of the person recommended for appointment.

(3)Before selecting a person to recommend under this paragraph and determining in relation to such a recommendation any matters mentioned in sub-paragraph (2), the governing body shall consult—

(a)the head teacher (where he would not otherwise be involved in the decision), and

(b)the chief education officer of the authority.

(4)For the purposes of sub-paragraph (2)(c), the authority are to be regarded as having a discretion with respect to the remuneration to be paid to a person appointed to a post if any provisions regulating the rates of remuneration or allowances payable to persons in the authority’s employment either—

(a)do not apply in relation to that appointment, or

(b)leave to the authority any degree of discretion as to rate of remuneration or allowances in the case of that appointment.

21(1)The local education authority shall appoint a person recommended to them under paragraph 20 unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2)Any such appointment shall be on such terms as to give effect, so far as they relate to any matter mentioned in paragraph 20(2), to the governing body’s recommendation in respect of that matter.

Discipline

22(1)The regulation of conduct and discipline in relation to the staff of the school, and any procedures for giving members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.

(2)The governing body shall establish—

(a)disciplinary rules and procedures (including such rules and procedures for dealing with lack of capability on the part of members of the staff), and

(b)procedures such as are mentioned in sub-paragraph (1);

and shall take such steps as appear to the governing body to be appropriate for making them known to members of the staff.

(3)In determining the capability of members of the staff the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(4)If the Secretary of State determines that any prescribed rules and procedures are to apply to the school or to any class or description of school to which the school belongs—

(a)the governing body shall act in accordance with those rules and procedures in determining the capability of members of the staff; and

(b)in the event of any inconsistency, those rules and procedures shall prevail over any rules and procedures established by the governing body under sub-paragraph (2)(a).

(5)Where the implementation of any determination made by the governing body in the exercise of their control over the conduct and discipline of the staff requires any action which—

(a)is not within the functions exercisable by the governing body by virtue of this Act, but

(b)is within the power of the local education authority,

the authority shall take that action at the request of the governing body.

LEA report on performance of head teacher

23(1)Where the authority have any serious concerns about the performance of the head teacher of the school—

(a)they shall make a written report of their concerns to the chairman of the governing body at the same time sending a copy to the head teacher; and

(b)the chairman of the governing body shall notify the authority in writing of the action which he proposes to take in the light of the report.

(2)In determining whether to make a report under this paragraph the authority shall have regard to any guidance given from time to time by the Secretary of State.

Suspension

24(1)Both the governing body and the head teacher shall have power to suspend any person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

(2)The governing body or head teacher shall, when exercising that power, immediately inform the local education authority and the head teacher or (as the case may be) governing body.

(3)A suspension under this paragraph may only be ended by the governing body.

(4)The governing body shall, on ending such a suspension, immediately inform the authority and the head teacher.

(5)In this paragraph “suspend” means suspend without loss of emoluments.

Dismissal, etc.

25(1)Where the governing body determine that any person employed by the local education authority to work at the school should cease to work there, they shall notify the authority in writing of their determination and the reasons for it.

(2)If the person concerned is employed to work solely at the school (and he does not resign), the authority shall, before the end of the period of 14 days beginning with the date on which the notification under sub-paragraph (1) is given, either—

(a)give him such notice terminating his contract of employment with the authority as is required under that contract, or

(b)terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

(3)If the person concerned is not employed to work solely at the school, the authority shall require him to cease to work at the school.

26(1)Where paragraph 25(3) applies, no part of the costs incurred by the local education authority in respect of the emoluments of the person concerned, so far as they relate to any period falling after the expiration of his contractual notice period, shall be met from the school’s budget share.

(2)The reference in sub-paragraph (1) to the person’s contractual notice period is to the period of notice that would have been required under his contract of employment with the authority for termination of that contract if such notice had been given on the date on which the notification under paragraph 25(1) was given.

27(1)The governing body shall—

(a)make arrangements for giving any person in respect of whom they propose to make a determination under paragraph 25(1) an opportunity of making representations as to the action they propose to take (including, if he so wishes, oral representations to such person or persons as the governing body may appoint for the purpose), and

(b)have regard to any representations made by him.

(2)The governing body shall also make arrangements for giving any person in respect of whom they have made a determination under paragraph 25(1) an opportunity of appealing against it before they notify the local education authority of the determination.

(3)Nothing in this paragraph shall, however, apply to a person who—

(a)is due to cease to work at the school by reason of the termination of his contract of employment by effluxion of time; and

(b)has not been continuously employed at the school for a period of two years or more (within the meaning of the [1996 c. 18.] Employment Rights Act 1996).

28(1)The head teacher (except where he is the person concerned) and the chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to a determination under paragraph 25(1).

(2)The governing body shall consider any advice given by a person who is entitled to attend such proceedings under this paragraph before making a determination under paragraph 25(1).

29(1)The local education authority shall not dismiss a person employed by them to work solely at the school except as provided by paragraph 25.

(2)Sub-paragraph (1) does not apply in a case where—

(a)the dismissal of the person in question is required by virtue of regulations under section 218 of the [1988 c. 40.] Education Reform Act 1988 or section 19 of the [1998 c. 30.] Teaching and Higher Education Act 1998, or

(b)the person in question is a teacher who is subject to a conditional registration, suspension or prohibition order made under Schedule 2 to the 1998 Act (disciplinary powers of General Teaching Council).

School meals staff

30The Secretary of State may by regulations make provision as to the appointment, discipline, suspension and dismissal of persons employed or to be employed to work at a community, voluntary controlled or community special school solely in connection with the provision of meals.

Advisory rights for appropriate diocesan authorities

31(1)This paragraph applies to a voluntary controlled school which is a Church of England, Church in Wales or Roman Catholic Church school.

(2)The governing body may agree with the appropriate diocesan authority to accord to the appropriate diocesan officer—

(a)with respect to all teachers at the school, or

(b)with respect to any particular description of such teachers,

the same advisory rights in relation to their appointment, engagement or dismissal as are exercisable by the chief education officer in accordance with paragraphs 18 and 28.

(3)The agreement of the governing body for the purposes of sub-paragraph (2) must be given in writing and may only be withdrawn by notice in writing to the appropriate diocesan authority.

(4)In paragraphs 18 and 28, as they apply to a voluntary controlled school within sub-paragraph (1) above, references to the chief education officer accordingly include the appropriate diocesan officer, so far as necessary for giving effect to any advisory rights exercisable by him under this paragraph.

(5)In this paragraph “the appropriate diocesan officer” means such person as the appropriate diocesan authority may nominate.

Section 55.

SCHEDULE 17Staffing of foundation, voluntary aided and foundation special schools

Introductory

1(1)In this Schedule “the school” means a foundation or voluntary aided or foundation special school.

(2)References in this Schedule to a vacancy in any post include a prospective vacancy in the post, and references to a person’s absence are to his absence, or prospective absence, from the school.

(3)References in this Schedule to staff qualification requirements are to any requirements with respect to—

(a)qualifications,

(b)registration,

(c)health and physical capacity, or

(d)fitness on educational grounds or in any other respect,

of teachers or other persons employed, or otherwise engaged to provide their services, in work that brings them regularly into contact with persons who have not attained the age of 19 which for the time being apply under regulations under section 218 of the [1988 c. 40.] Education Reform Act 1988 (regulations relating to employment of teachers etc.) or section 19 of the [1998 c. 30.] Teaching and Higher Education Act 1998 (induction training).

Advisory rights of chief education officer

2(1)This paragraph applies where—

(a)the governing body of the school have agreed with the local education authority to accord to the authority’s chief education officer advisory rights in relation to the appointment, engagement or dismissal of teachers at the school, or

(b)in default of such agreement, the Secretary of State has determined that it would be appropriate that such advisory rights should be accorded to the chief education officer.

(2)Advisory rights accorded by an agreement or determination under sub-paragraph (1) shall be framed by reference to the rights conferred on the chief education officer by the following paragraphs of this Schedule and may relate to the appointment and engagement or dismissal, or both to the appointment and engagement and to the dismissal, either—

(a)of head teachers and deputy head teachers alone, or

(b)of all teachers at the school.

(3)During any period when an agreement or determination under sub-paragraph (1) is effective, the chief education officer shall be entitled to exercise such of the rights conferred on him under the following paragraphs of this Schedule as are accorded to him by virtue of the agreement or determination.

(4)The chief education officer shall not be entitled to exercise any of the rights so conferred except in accordance with sub-paragraph (3).

(5)The agreement of a governing body for the purposes of sub-paragraph (1)(a) must be given in writing and may only be withdrawn by notice in writing to the local education authority.

(6)A determination by the Secretary of State for the purposes of sub-paragraph (1)(b) may be withdrawn at any time (without prejudice to a further determination for those purposes).

(7)References in this Schedule to the chief education officer of the local education authority include any officer of the authority nominated by the chief education officer.

Appointment of head teacher and deputy head teacher

3Paragraphs 4 to 8 apply in relation to the filling of a vacancy in the post of head teacher or deputy head teacher of the school (but paragraphs 6 to 8 so apply subject to paragraphs 29 and 30).

4The governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned in paragraphs 5 to 8 (or, in a case where paragraph 29 or 30 applies, any of the steps falling to be taken under that paragraph).

5(1)Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 6 to 8 before the date on which it falls vacant, the governing body shall either—

(a)appoint a person as acting head teacher, or

(b)exercise their power under sub-paragraph (4).

(2)Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 6 to 8 before the date on which it falls vacant, the governing body may—

(a)appoint a person as acting deputy head teacher, or

(b)exercise their power under sub-paragraph (4).

(3)A person shall not be appointed under sub-paragraph (1) or (2) unless he meets all the staff qualification requirements which are applicable in relation to his appointment.

(4)Instead of making an appointment under sub-paragraph (1) or (2) the governing body may for the purpose of filling the vacancy—

(a)engage, or

(b)make arrangements for the engagement of,

a person to provide his services as acting head teacher, or (as the case may be) acting deputy head teacher, otherwise than under a contract of employment.

(5)No person shall be engaged under sub-paragraph (4) unless he meets all the staff qualification requirements applicable in relation to the head teacher or (as the case may be) deputy head teacher at the school.

(6)In sub-paragraph (1) the reference to paragraphs 6 to 8 includes a reference to paragraph 29 or 30; and in sub-paragraph (2) the reference to paragraphs 6 to 8 includes a reference to paragraph 30.

6The governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

7(1)The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on them by this paragraph.

(2)The selection panel shall—

(a)select for interview such applicants for the post as they think fit and, where the post is that of head teacher, notify the local education authority in writing of the names of the applicants so selected,

(b)interview such of those applicants as attend for the purpose, and

(c)where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them.

(3)Any decision of the selection panel shall be taken by a vote representing an absolute majority of all the members of the panel (whether or not taking part in the vote).

(4)If, within the period of 14 days beginning with the date when they receive a notification under sub-paragraph (2)(a), the authority make written representations to the selection panel that any of the applicants selected by the panel is not a suitable person for the appointment, the panel shall not recommend that person to the governing body for appointment unless the panel have—

(a)considered those representations, and

(b)notified the authority in writing of their response to the representations;

and when making such a recommendation the panel shall supply the governing body with a copy of those representations and of the panel’s response to them.

(5)If the panel do not recommend a person to the governing body, or the governing body do not approve their recommendation, the governing body—

(a)may, if they think fit, re-advertise the vacancy in the manner required by paragraph 6, and

(b)whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (2).

(6)Where the chief education officer has no advisory rights under paragraph 2 with respect to the appointment of head teachers and deputy head teachers, the selection panel’s notification under sub-paragraph (2)(a) shall be accompanied by such information relating to each of the persons selected for interview as will enable the authority to determine his suitability for the appointment.

(7)In determining whether a person is suitable for appointment as head teacher the authority shall have regard to any guidance given from time to time by the Secretary of State.

8Where the governing body approve a recommendation of the selection panel, the governing body shall appoint the person recommended by the panel unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

9(1)The governing body may, in connection with any absence of the person for the time being holding the post of head teacher or deputy head teacher of the school, take either of the steps mentioned in paragraphs (a) and (b) of sub-paragraph (1) or (as the case may be) (2) of paragraph 5.

(2)For the purposes of this paragraph—

(a)paragraph 5(3) shall apply in relation to any appointment made by virtue of sub-paragraph (1) above as it applies in relation to any appointment made by virtue of paragraph 5(1) or (2); and

(b)paragraph 5(4) and (5) shall apply in connection with any such absence as is mentioned in sub-paragraph (1) above as they apply for the purpose of filling any such vacancy as is mentioned in paragraph 5(1) or (2).

Appointment of other teachers

10Subject to paragraph 11, paragraphs 12 to 15 apply in relation to the filling of a vacancy in any teaching post (whether full-time or part-time) at the school, other than the post of head teacher or deputy head teacher.

11(1)Paragraphs 12 to 15 do not apply in relation to any temporary appointment or engagement to fill a vacancy in any such post as is mentioned in paragraph 10—

(a)for a period not exceeding four months, or

(b)where it appears to the governing body that the period for which the person appointed or engaged will act in the post in question will not exceed four months.

(2)Where it appears to the governing body in the case of any post that it would be appropriate for such an appointment as is mentioned in sub-paragraph (1) to be made, they may appoint a person to the post on such terms as to the duration of the appointment as they think fit.

(3)A person shall not be appointed under sub-paragraph (2) unless he meets all the staff qualification requirements which are applicable in relation to his appointment.

(4)Where it appears to the governing body in the case of any post that it would be appropriate for such an engagement as is mentioned in sub-paragraph (1) to be made, the governing body may—

(a)engage, or

(b)make arrangements for the engagement of,

a person to provide his services as a teacher at the school otherwise than under a contract of employment.

(5)Any engagement under sub-paragraph (4) shall be on such terms as to the duration of the engagement as the governing body may specify; but no person shall be engaged under that sub-paragraph unless he meets all the staff qualification requirements applicable in relation to a teacher in the post in which he would be acting as a temporary teacher.

12Before taking any of the steps mentioned below, the governing body shall—

(a)determine a specification for the post in consultation with the head teacher, and

(b)send a copy of the specification to the local education authority.

13(1)The local education authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill it and who at the time of his nomination either—

(a)is an employee of theirs or has been appointed to take up employment with them at a future date, or

(b)is employed by the governing body of a foundation, voluntary aided or foundation special school maintained by them.

(2)No person who is employed at any school maintained by the authority shall be nominated by the authority under sub-paragraph (1) without the consent of the governing body of the school.

14(1)The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the local education authority in accordance with paragraph 12, and shall do so unless they appoint to the post either—

(a)a person nominated by the local education authority under paragraph 13, or

(b)a person who is already employed to work at the school.

(2)Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill it.

15(1)Where the governing body advertise the vacancy, they shall—

(a)interview such applicants for the post and such of the persons (if any) nominated by the local education authority under paragraph 13 as they think fit, and

(b)where they consider it appropriate to do so, appoint to the post either one of the applicants interviewed by them or a person so nominated by the authority;

and the person so appointed shall be employed by the governing body under a contract of employment.

(2)If the governing body are unable to agree on a person to appoint to the post, they may repeat the steps mentioned in sub-paragraph (1)(a) and (b), with or without first re-advertising the vacancy in accordance with paragraph 14(2).

(3)A person shall not be appointed under this paragraph unless he meets all the staff qualification requirements which are applicable in relation to his appointment.

16(1)The governing body may, in connection with any absence of the person for the time being holding any such post as is mentioned in paragraph 10—

(a)engage, or

(b)make arrangements for the engagement of,

a person to provide his services as a teacher at the school otherwise than under a contract of employment.

(2)No person shall be engaged under sub-paragraph (1) unless he meets all the staff qualification requirements applicable in relation to a teacher in the post in which he would be acting as a temporary teacher.

17The governing body may, in relation to a particular vacancy or absence or a vacancy or absence of a kind specified by them, delegate any of their functions under paragraphs 11 to 16—

(a)to one or more governors,

(b)to the head teacher, or

(c)to one or more governors and the head teacher acting together.

Advice of chief education officer on appointments of teachers

18(1)The chief education officer shall be entitled to attend, for the purpose of giving advice—

(a)all proceedings (including interviews) of the governing body, and of any selection panel appointed under paragraph 7, relating to appointments or engagements to which any of the provisions of paragraphs 4 to 9 or 29 and 30 apply, and

(b)all proceedings (including interviews) of the governing body, and of any persons to whom any functions of the governing body under paragraphs 11 to 16 are delegated, relating to appointments or engagements to which any of the provisions of paragraphs 11 to 16 apply.

(2)The chief education officer shall be entitled to offer such advice as he considers appropriate with respect to—

(a)the appointment of a head teacher or deputy head teacher or the appointment or engagement of an acting head teacher or an acting deputy head teacher, or

(b)any matter arising in connection with any such appointment or engagement.

(3)Any advice given by the chief education officer to—

(a)the governing body,

(b)any selection panel appointed under paragraph 7, or

(c)any persons to whom any functions of the governing body under paragraphs 11 to 16 are delegated,

with respect to any matter which relates to an appointment or engagement and falls to be determined by them shall be considered by them before determining that matter, whether or not the advice was given at their request.

(4)This paragraph has effect subject to paragraph 2(3) and (4).

Advice of head teacher on appointments etc. of teachers

19(1)Except in relation to the appointment of a head teacher—

(a)paragraph 18(1) applies in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer, and

(b)paragraph 18(3) applies in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.

(2)Paragraph 18 shall have effect for the purposes of sub-paragraph (1) above as if sub-paragraph (4) of that paragraph were omitted.

Appointment of non-teaching staff

20(1)Except in a case where the governing body and the authority agree that the appointment of a person to work in a non-teaching post at the school should be made by the authority—

(a)any such appointment shall be made by the governing body; and

(b)the person appointed shall be employed by the governing body under a contract of employment on such terms as they think fit.

(2)Before making an appointment under this paragraph the governing body shall consult the head teacher (where he would not otherwise be involved in the decision to make the appointment).

(3)No person shall be appointed to work in a non-teaching post at the school, whether—

(a)by the governing body, or

(b)by the authority,

unless he meets all the staff qualification requirements which are applicable in relation to his appointment.

Conduct and discipline of staff

21(1)The regulation of conduct and discipline in relation to the staff of the school, and any procedures for giving members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.

(2)The governing body shall establish—

(a)disciplinary rules and procedures (including such rules and procedures for dealing with lack of capability on the part of members of the staff), and

(b)procedures such as are mentioned in sub-paragraph (1);

and shall take such steps as appear to the governing body to be appropriate for making them known to members of the staff.

(3)In determining the capability of members of the staff the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(4)If the Secretary of State determines that any prescribed rules and procedures are to apply to the school or to any class or description of school to which the school belongs—

(a)the governing body shall act in accordance with those rules and procedures in determining the capability of members of the staff; and

(b)in the event of any inconsistency, those rules and procedures shall prevail over any rules and procedures established by the governing body under sub-paragraph (2)(a).

LEA report on performance of head teacher

22(1)Where the authority have any serious concerns about the performance of the head teacher of the school—

(a)they shall make a written report of their concerns to the chairman of the governing body at the same time sending a copy to the head teacher; and

(b)the chairman of the governing body shall notify the authority in writing of the action which he proposes to take in the light of the report.

(2)In determining whether to make a report under this paragraph the authority shall have regard to any guidance given from time to time by the Secretary of State.

Suspension

23(1)Both the governing body and the head teacher shall have power to suspend any person employed to work at the school (whether or not he is employed by the governing body) where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

(2)The governing body or head teacher shall, when exercising that power, immediately inform the head teacher or (as the case may be) governing body.

(3)A suspension under this paragraph may only be ended by the governing body.

(4)The governing body shall, on ending such a suspension, immediately inform the head teacher.

(5)In this paragraph “suspend” means suspend without loss of emoluments.

Dismissal

24(1)Before making a decision that a person employed to work at the school should have his contract of employment with the governing body terminated or should not have that contract renewed, the governing body shall—

(a)make arrangements for giving that person an opportunity of making representations as to the action they propose to take (including, if he so wishes, oral representations to such person or persons as the governing body may appoint for the purpose), and

(b)have regard to any representations made by him.

(2)The governing body shall also make arrangements for giving any person in respect of whom they have made such a decision an opportunity of appealing against the decision before they give effect to it.

(3)Where their decision is that a person should have his contract of employment terminated, then, subject to any such appeal, the governing body shall give effect to their decision by—

(a)giving the person in question such notice terminating his contract of employment as is required under that contract;

(b)terminating that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

(4)Nothing in this paragraph shall be read as referring to a person who—

(a)is due to cease to work at the school by reason of the termination of his contract of employment by effluxion of time; and

(b)has not been continuously employed at the school for a period of two years or more (within the meaning of the [1996 c. 18.] Employment Rights Act 1996).

25(1)The head teacher (except where he is the person concerned) and the chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to such a decision as is mentioned in paragraph 24(1).

(2)The governing body shall consider any advice given by a person who is entitled to attend such proceedings under this paragraph before making any such decision.

(3)Sub-paragraph (1), so far as relating to the chief education officer, has effect subject to paragraph 2(3) and (4).

26The governing body are not required to comply with paragraph 24 in relation to the making of such a decision as is mentioned in sub-paragraph (1) of that paragraph in a case where—

(a)the termination or non-renewal of the contract of employment of the person in question is required by virtue of regulations under section 218 of the [1988 c. 40.] Education Reform Act 1988 or section 19 of the [1998 c. 30.] Teaching and Higher Education Act 1998, or

(b)the person in question is a teacher who is subject to a conditional registration, suspension or prohibition order made under Schedule 2 to the 1998 Act (disciplinary powers of General Teaching Council).

Staff employed by LEA

27(1)Nothing in paragraph 24 applies in relation to a person employed by the authority to work at the school.

(2)Paragraphs 25 to 29 of Schedule 16 apply in relation to the dismissal or withdrawal from the school of any member of the staff who is employed by the authority as they apply in relation to the dismissal or withdrawal from a school to which that Schedule applies of a person who is employed to work at the school.

(3)Any regulations in force under paragraph 30 of that Schedule shall apply to any person who is, or is to be, employed by the authority to work at the school solely in connection with the provision of meals as if it were a school to which that Schedule applies.

Advisory rights for appropriate diocesan authorities

28(1)This paragraph applies to a voluntary aided or foundation school which is a Church of England, Church in Wales or Roman Catholic Church school.

(2)If the school is a voluntary aided school, the appropriate diocesan officer shall have the same advisory rights in relation to the appointment, engagement or dismissal of teachers at the school as are for the time being exercisable by the chief education officer in accordance with paragraph 2(3).

(3)If the school is a foundation school, the governing body may agree with the appropriate diocesan authority to accord to the appropriate diocesan officer—

(a)with respect to all teachers at the school, or

(b)with respect to any particular description of such teachers,

the same advisory rights in relation to their appointment, engagement or dismissal as are exercisable by the chief education officer in accordance with paragraph 2(3).

(4)The agreement of the governing body for the purposes of sub-paragraph (3) must be given in writing and may only be withdrawn by notice in writing to the appropriate diocesan authority.

(5)In paragraphs 18 and 25, as they apply to a school within sub-paragraph (2) or (3) above, references to the chief education officer accordingly include the appropriate diocesan officer, so far as necessary for giving effect to any advisory rights exercisable by him under this paragraph.

(6)In this paragraph “the appropriate diocesan officer” means such person as the appropriate diocesan authority may nominate.

Appointment of head teachers for schools of Roman Catholic religious orders

29(1)This paragraph applies to a voluntary aided school if the trustees under a trust deed relating to the school are also the trustees of a Roman Catholic religious order.

(2)Subject to sub-paragraph (6), sub-paragraphs (3) to (5) shall have effect in relation to the filling of a vacancy in the post of head teacher of the school, in place of paragraphs 6 to 8.

(3)The governing body shall notify the Major Superior of the vacancy in writing.

(4)The governing body shall—

(a)interview such persons who are members of the order as are proposed as candidates for appointment to the post by the Major Superior; and

(b)appoint to the post one of the persons so interviewed by them unless, by virtue of sub-paragraph (5) or otherwise, they have good reason for not making any such appointment.

(5)No person shall be appointed under sub-paragraph (4)(b) if he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(6)If no appointment is made by the governing body under sub-paragraph (4)(b), paragraphs 6 to 8 shall have effect in relation to the filling of the vacancy.

(7)In this paragraph—

• “the Major Superior” means the Major Superior of the order;

• “the order” means the order mentioned in sub-paragraph (1);

• “Roman Catholic religious order” means a Roman Catholic religious institute or society of apostolic life.

Selection procedures involving whole governing body

30(1)If the governing body of a voluntary aided school so determine (and paragraph 29 does not apply), sub-paragraphs (2) to (6) below shall apply in relation to the filling of a vacancy in the post of head teacher or deputy head teacher of the school, in place of paragraphs 7 and 8.

(2)No selection panel need be appointed by the governing body under paragraph 7(1), but the following provisions, namely—

(a)paragraph 7(2)(a) and (b),

(b)paragraph 7(3), and

(c)paragraph 7(6),

shall apply to the governing body or (as the case may be) to any decision of that body taken by virtue of this paragraph as it applies to a selection panel or (as the case may be) to any decision of such a panel taken under paragraph 7.

(3)If, within the period of 14 days beginning with the date when they receive a notification under paragraph 7(2)(a) (as it applies in accordance with sub-paragraph (2) above) the local education authority make written representations to the governing body that any of the applicants selected by them is not a suitable person for appointment to the post of head teacher, the governing body shall not appoint that person unless they have—

(a)considered those representations, and

(b)notified the authority of their response to the representations.

(4)The governing body shall not appoint any person if he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(5)If the governing body do not appoint any person interviewed by them, the governing body—

(a)may, if they think fit, re-advertise the vacancy in the manner required by paragraph 6, and

(b)whether or not they re-advertise the vacancy, may repeat the steps mentioned in paragraph 7(2)(a) and (b) (as they apply in accordance with sub-paragraph (2) above).

(6)Paragraph 7(7) shall apply for the purposes of this paragraph.

Section 67.

SCHEDULE 18Appeals against exclusion of pupils

Time limits and notices waiving right to appeal

1(1)No appeal under section 67(1) against a decision not to reinstate a pupil may be made after the 15th school day after the day on which the relevant person is given notice in writing under section 66(6)(b).

(2)Any notice in writing given by the relevant person to the local education authority which states that he does not intend to appeal against a decision not to reinstate the pupil shall be final.

Constitution of appeal panels

2(1)An appeal pursuant to arrangements made by a local education authority under section 67(1) shall be to an appeal panel constituted in accordance with this paragraph.

(2)An appeal panel shall consist of three or five members appointed by the authority from—

(a)persons who are eligible to be lay members; and

(b)persons who have experience in education, are acquainted with educational conditions in the area of the authority or are parents of registered pupils at a school.

(3)Of the members of an appeal panel—

(a)at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b)at least one must be a person falling within sub-paragraph (2)(b).

(4)For the purposes of this paragraph a person is eligible to be a lay member if he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).

(5)Sufficient persons may be appointed by the authority under this paragraph to enable two or more appeal panels to sit at the same time.

(6)No person shall be a member of an appeal panel if he is disqualified by virtue of sub-paragraph (7).

(7)The following persons are disqualified for membership of an appeal panel—

(a)any member of the authority or of the governing body of the school in question;

(b)any person employed by the authority or the governing body, other than a person employed as a teacher;

(c)any person who has, or at any time has had, any connection with—

(i)the authority or the school, or with any person within paragraph (b), or

(ii)the pupil in question or the incident leading to his exclusion,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, the school or the pupil in question.

(8)A person employed by the authority as a teacher shall not be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (7)(c).

(9)Where, at any time after an appeal panel consisting of five members have begun to consider an appeal, any of the members—

(a)dies, or

(b)becomes unable through illness to continue as a member,

the panel may continue with their consideration and determination of the appeal so long as the number of the remaining members is not less than three and the requirements of sub-paragraph (3) are satisfied.

Allowances for members

3(1)For the purpose of the payment of financial loss allowance under section 173(4) of the [1972 c. 70.] Local Government Act 1972, that provision shall apply, with any necessary modifications, to any member of an appeal panel constituted in accordance with paragraph 2 as it applies to any member of a parish or community council; and such an appeal panel shall be included in the bodies to which section 174 of that Act (travelling and subsistence allowances) applies.

(2)In section 174(1) of that Act, in its application to a panel in accordance with sub-paragraph (1), the reference to payments at rates determined by the body in question shall be read as a reference to payments at rates determined by the local education authority.

Duty to advertise for lay members

4Regulations may require any local education authority who are required by section 67(1) to make arrangements under that provision—

(a)to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal panel required to be constituted for the purposes of such arrangements to apply to the authority for appointment as such members, and

(b)in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority in response to an advertisement placed in pursuance of sub-paragraph (a) above.

Indemnity

5Any local education authority required to make arrangements under section 67(1) shall indemnify the members of any appeal panel required to be constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that panel.

Procedure on an appeal

6In the following provisions of this Schedule “appeal” means an appeal under section 67(1).

7An appeal shall be by notice in writing setting out the grounds on which it is made.

8(1)The appeal panel shall meet to consider an appeal on such date as the local education authority may determine.

(2)Subject to sub-paragraph (3), the date so determined must not be later than the closing date for appeals, namely the 15th school day after the day on which the appeal is lodged.

(3)If the relevant person requests the local education authority to do so, they may in exceptional circumstances determine under sub-paragraph (1) a date later than the closing date for appeals.

9(1)For the purpose of fixing the time (in accordance with paragraph 8) at which the hearing of an appeal is to take place, the local education authority shall take reasonable steps to ascertain any times falling on or before the closing date for appeals when—

(a)the relevant person, or

(b)any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 10,

would be unable to attend.

(2)Where in accordance with sub-paragraph (1) the authority have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

10(1)The appeal panel shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

(2)The panel shall also allow—

(a)the head teacher to make written representations and to appear and make oral representations,

(b)the local education authority and the governing body to make written representations,

(c)an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations, and

(d)the governing body to be represented.

11Appeals shall be heard in private except when the local education authority direct otherwise; but—

(a)if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel; and

(b)one member of the Council on Tribunals may attend, as an observer, any meeting of an appeal panel at which an appeal is considered.

12Two or more appeals may be combined and dealt with in the same proceedings if the appeal panel consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

13In the event of a disagreement between the members of an appeal panel, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the panel shall have a second or casting vote.

14The decision of an appeal panel and the grounds on which it is made shall—

(a)be communicated by the panel in writing to the relevant person, the local education authority, the governing body and the head teacher, and

(b)be so communicated by the end of the second school day after the conclusion of the hearing of the appeal.

15(1)Subject to paragraphs 7 to 14, all matters relating to the procedure on appeals shall be determined by the local education authority.

(2)The local education authority shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.

Notices

16(1)Where in accordance with section 66(6)(b) notice in writing is required to be given to a person, the notice may be given either—

(a)by delivering it to the person’s last-known address, or

(b)by properly addressing, pre-paying and sending by first class post to the person’s last-known address a letter containing the notice.

(2)For the purposes of calculating the period referred to in paragraph 1(1), a notice shall be taken to have been given—

(a)where first class post is used, on the second school day after the date of posting, or

(b)where the notice is delivered, on the date of delivery,

unless (in either case) the contrary is shown.

Meaning of “the relevant person”

17In this Schedule “the relevant person” means—

(a)in relation to a pupil under the age of 18, a parent of his;

(b)in relation to a pupil who has attained that age, the pupil himself.

Power of Secretary of State to make amendments

18The Secretary of State may by order make such amendments of this Schedule as he considers expedient.

Section 69.

SCHEDULE 19Required provision for religious education

Introductory

1(1)In this Schedule “the required provision for religious education”, in relation to a school, means the provision for pupils at the school which is required by section 352(1)(a) of the [1996 c. 56.] Education Act 1996 to be included in the school’s basic curriculum.

(2)In this Schedule “agreed syllabus” has the meaning given by section 375(2) of that Act.

Community schools and foundation and voluntary schools without a religious character

2(1)This paragraph applies to—

(a)any community school; and

(b)any foundation or voluntary school which does not have a religious character.

(2)Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.

(3)If the school is a secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 71 to receive religious education elsewhere and the local education authority are satisfied—

(a)that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and

(b)that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall to be met from the school’s budget share or otherwise by the authority,

the authority shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.

(4)If immediately before the appointed day the school was a grant-maintained school (within the meaning of the [1996 c. 56.] Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until—

(a)the end of such period as the Secretary of State may by order prescribe, or

(b)such earlier date as the governing body may determine,

the required provision for religious education in the case of the school or (as the case may be) those pupils is provision for religious education in accordance with that syllabus.

(5)No agreed syllabus shall provide for religious education to be given to pupils at a school to which this paragraph applies by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies).

Foundation and voluntary controlled schools with a religious character

3(1)This paragraph applies to any foundation or voluntary controlled school which has a religious character.

(2)Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education—

(a)in accordance with any arrangements made under sub-paragraph (3), or

(b)subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.

(3)Where the parents of any pupils at the school request that they may receive religious education—

(a)in accordance with any provisions of the trust deed relating to the school, or

(b)where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4),

the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.

(4)If immediately before the appointed day the school was a grant-maintained school (within the meaning of the [1996 c. 56.] Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until—

(a)the end of such period as the Secretary of State may by order prescribe, or

(b)such earlier date as the governing body may determine,

that syllabus shall be treated for the purposes of sub-paragraph (2)(b) as an agreed syllabus adopted for the school or (as the case may be) those pupils.

Voluntary aided schools with a religious character

4(1)This paragraph applies to any voluntary aided school which has a religious character.

(2)The required provision for religious education in the case of pupils at the school is provision for religious education—

(a)in accordance with any provisions of the trust deed relating to the school, or

(b)where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or

(c)in accordance with any arrangements made under sub-paragraph (3).

(3)Where the parents of any pupils at the school—

(a)desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority, and

(b)cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,

the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.

(4)Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 352(1)(a) of the [1996 c. 56.] Education Act 1996.

(5)Any arrangements under sub-paragraph (3) shall be made by the governing body, unless the local education authority are satisfied that the governing body are unwilling to make them, in which case they shall be made by the authority.

(6)Subject to sub-paragraph (3), the religious education given to pupils at the school shall be under the control of the governing body.

Section 70.

SCHEDULE 20Collective worship

Introductory

1In this Schedule “the required collective worship”, in relation to a school, means the collective worship in that school which is required by section 70.

General provisions as to collective worship

2(1)This paragraph applies to any community, foundation or voluntary school.

(2)The arrangements for the required collective worship may, in respect of each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups.

(3)For the purposes of sub-paragraph (2) a “school group” is any group in which pupils are taught or take part in other school activities.

(4)Subject to sub-paragraph (6), the arrangements for the required collective worship shall be made—

(a)if the school is a community school or a foundation school which does not have a religious character, by the head teacher after consulting the governing body;

(b)if the school is a foundation school which has a religious character or a voluntary school, by the governing body after consulting the head teacher.

(5)Subject to sub-paragraph (6), the required collective worship shall take place on the school premises.

(6)If the governing body of a community, foundation or voluntary school are of the opinion that it is desirable that any act of collective worship in the school required by section 70 should, on a special occasion, take place elsewhere than on the school premises, they may, after consultation with the head teacher, make such arrangements for that purpose as they think appropriate.

(7)The powers of a governing body under sub-paragraph (6) shall not be exercised so as to derogate from the rule that the required collective worship must normally take place on the school premises.

Nature of collective worship in community schools and foundation schools without a religious character

3(1)This paragraph applies to—

(a)any community school; and

(b)any foundation school which does not have a religious character.

(2)Subject to paragraph 4, the required collective worship shall be wholly or mainly of a broadly Christian character.

(3)For the purposes of sub-paragraph (2), collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.

(4)Not every act of collective worship in the school required by section 70 need comply with sub-paragraph (2) provided that, taking any school term as a whole, most such acts which take place in the school do comply with that sub-paragraph.

(5)Subject to sub-paragraphs (2) and (4)—

(a)the extent to which (if at all) any acts of collective worship required by section 70 which do not comply with sub-paragraph (2) take place in the school,

(b)the extent to which any act of collective worship in the school which complies with sub-paragraph (2) reflects the broad traditions of Christian belief, and

(c)the ways in which those traditions are reflected in any such act of collective worship,

shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with sub-paragraph (6).

(6)Those considerations are—

(a)any circumstances relating to the family backgrounds of the pupils which are relevant for determining the character of the collective worship which is appropriate in their case, and

(b)their ages and aptitudes.

(7)In this paragraph references to acts of collective worship in the school include such acts which by virtue of paragraph 2(6) take place otherwise than on the school premises.

Disapplication of requirement under paragraph 3(2)

4(1)This paragraph applies where a standing advisory council on religious education have determined (under section 394 of the [1996 c. 56.] Education Act 1996) that it is not appropriate for the requirement imposed by paragraph 3(2) to apply in the case of any school to which paragraph 3 applies or in the case of any class or description of pupils at any such school.

(2)While the determination has effect—

(a)paragraph 3 shall not apply in relation to the school or (as the case may be) the pupils in question, and

(b)the collective worship required by section 70 in the case of the school or pupils shall not be distinctive of any particular Christian or other religious denomination;

but paragraph (b) shall not be taken as preventing that worship from being distinctive of any particular faith.

Nature of collective worship in foundation schools with a religious character and voluntary schools

5In the case of a foundation school which has a religious character or a voluntary school, the required collective worship shall be—

(a)in accordance with any provisions of the trust deed relating to the school, or

(b)where—

(i)provision for that purpose is not made by such a deed, and

(ii)the school has a religious character,

in accordance with the tenets and practices of the religion or religious denomination specified in relation to the school under section 69(4).

Section 74.

SCHEDULE 21Transfers of land on appointed day

Part IGeneral provisions

Introductory

1In this Schedule any reference to a grant-maintained or grant-maintained special school is a reference to such a school within the meaning of the [1996 c. 56.] Education Act 1996.

Effect of transfers under this Schedule

2(1)Where any land is transferred to and vests in any body in accordance with this Schedule, any rights or liabilities—

(a)enjoyed or incurred by the transferor in connection with the land, and

(b)subsisting immediately before the appointed day,

shall also be transferred to, and by virtue of this Act vest in, that body.

(2)Any reference in this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts.

(3)This Schedule is subject to section 198 of the [1988 c. 40.] Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this sub-paragraph to the transfer date are to the appointed day.

Part IIRules relating to transfers

Application of Part II

3(1)This Part of this Schedule applies to schools which, in accordance with Schedule 2, become community, foundation, voluntary or community special schools on the appointed day.

(2)This Part has effect subject to Part III of this Schedule.

Transfers for purposes of community schools

4(1)This paragraph applies where a grant-maintained school (an “existing school”) becomes a community school.

(2)In such a case—

(a)any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the local education authority;

(b)any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and

(c)any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.

(3)In this paragraph “publicly funded land” means land which—

(a)immediately before the appointed day is held by the governing body for the purposes of the existing school, and

(b)was acquired from a local authority under a transfer under section 201(1)(a) of the [1996 c. 56.] Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).

(4)In this paragraph “transfer agreement” means an agreement—

(a)made for the purposes of sub-paragraph (2) between the local education authority and the governing body or (as the case may be) trustees mentioned in that sub-paragraph, and

(b)providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Transfers for purposes of foundation schools

5(1)This paragraph applies where—

(a)a grant-maintained school (an “existing school”) becomes a foundation school; and

(b)as from the appointed day the school (as a foundation school) is a member of the group for which a foundation body acts.

(2)In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.

Transfers for purposes of voluntary schools

6(1)This paragraph applies where—

(a)a grant-maintained school (an “existing school”) becomes a voluntary school; and

(b)as from the appointed day the school (as a voluntary school) is a member of the group for which a foundation body acts.

(2)In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.

Transfers for purposes of community special schools

7(1)This paragraph applies where a grant-maintained special school (an “existing school”) becomes a community special school.

(2)In such a case—

(a)any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the local education authority;

(b)any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and

(c)any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.

(3)In this paragraph “publicly funded land” means land which—

(a)immediately before the appointed day is held by the governing body for the purposes of the existing school, and

(b)was acquired from a local authority under a transfer under section 201(1)(a) of the [1996 c. 56.] Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).

(4)In this paragraph “transfer agreement” means an agreement—

(a)made for the purposes of sub-paragraph (2) between the local education authority and the governing body or (as the case may be) the trustees mentioned in that sub-paragraph, and

(b)providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Outstanding transfers to existing school

8Where immediately before the appointed day—

(a)any land vested in a local authority is by virtue of any statutory provision required to be transferred to the governing body or any trustees of an existing school within the meaning of any of paragraphs 4 to 7, but

(b)the land has not yet been so transferred,

that paragraph shall apply to the school as if it had been so transferred by that time.

Transfer of rights to use land

9(1)Where paragraph 4, 5, 6 or 7 applies to an existing school and any land held by a person or body other than the governing body of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—

(a)enjoyed or incurred by the governing body in connection with the use of the land, and

(b)subsisting immediately before the appointed day,

shall on that day be transferred to, and by virtue of this Act vest in, the local education authority (in a case to which paragraph 4 or 7 applies) or the foundation body (in a case to which paragraph 5 or 6 applies).

(2)Where paragraph 4 or 7 applies to an existing school and any land held by a person or body other than any trustees who hold any land for the purposes of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—

(a)enjoyed or incurred by any such trustees in connection with the use of the land, and

(b)subsisting immediately before the appointed day,

shall on that day be transferred to, and vest in, the local education authority in accordance with a transfer agreement.

(3)Nothing in this paragraph applies in relation to land to which paragraph 4, 5, 6 or 7 applies.

(4)In this paragraph—

• “existing school” has the meaning given by paragraph 4, 5, 6 or 7, as the case may be;

• “transfer agreement” means an agreement—

  (a)

  made for the purposes of sub-paragraph (2) between the local education authority and the trustees mentioned in that sub-paragraph, and

  (b)

  providing for the rights or liabilities in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Part IIIProperty excluded from transfers

10(1)Nothing in Part II of this Schedule has the effect of transferring to, or vesting in, any body—

(a)any land, rights or liabilities excluded under sub-paragraph (2) or (3),

(b)any rights or liabilities under a contract of employment,

(c)any liability of a governing body in respect of the principal of, or any interest on, any loan,

(d)any liability in tort, or

(e)any rights or liabilities which are determined in accordance with regulations to be rights or liabilities falling within this paragraph.

(2)If before the appointed day—

(a)the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of Part II of this Schedule, and

(b)the Secretary of State has given his written approval of the agreement,

the land (and any rights or liabilities relating to it) shall be so excluded.

(3)If in default of agreement under sub-paragraph (2)—

(a)the prospective transferee or transferor have applied to the Secretary of State to exclude any land from the operation of Part II of this Schedule, and

(b)the Secretary of State has by order directed its exclusion,

the land (and any rights or liabilities relating to it) shall be so excluded.

(4)An agreement under sub-paragraph (2) may provide for the land to be used or held for the purposes of the school (as a school of a new category) on such terms as may be specified in or determined in accordance with the agreement; and directions under sub-paragraph (3)—

(a)may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and

(b)shall have effect as if contained in such an agreement.

(5)In this paragraph—

• “new category” means one of the categories set out in section 20(1);

• “the prospective transferee”, in relation to any land, means the body to whom, apart from sub-paragraph (2) or (3), the land would fall to be transferred under Part II of this Schedule; and

• “the prospective transferor” shall be construed accordingly.

Section 76.

SCHEDULE 22Disposals of land in case of certain schools and disposals on discontinuance

Part IFoundation, voluntary and foundation special schools: disposals of land

Disposal of land by governing body of foundation, voluntary or foundation special school

1(1)This paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school of—

(a)any land acquired under a transfer under section 201(1)(a) of the [1996 c. 56.] Education Act 1996, or acquired under paragraph 2 of Schedule 3 or paragraph 16 of Schedule 6 or paragraph 5(4)(c) of this Schedule or under any regulations made under paragraph 5 of Schedule 8;

(b)any land acquired from a foundation body;

(c)any land acquired from the Funding Agency for Schools;

(d)any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the [1996 c. 56.] Education Act 1996);

(e)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature; or

(f)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (e).

(2)The governing body shall not make any such disposal without the written consent of the Secretary of State.

(3)Where the governing body apply to the Secretary of State for his consent to any such disposal, he may do one or more of the following, namely—

(a)require the land or any part of the land to be transferred to such local authority as he may specify, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate; and

(b)give the governing body, when the land or any part of the land is disposed of—

(i)a direction to pay, either to him or to such local authority as he may specify, the whole or any part of the proceeds of disposal; and

(ii)a direction as to the use to which the whole or any part of the proceeds of disposal should be put.

(4)More than one direction may be given under sub-paragraph (3)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.

(5)Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a)prepared a statement in writing—

(i)containing details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(ii)indicating that the expenditure was being treated by them as expenditure of a capital nature; and

(b)sent a copy of the statement to the governing body either before, or no later than 12 months after, the expenditure was incurred.

Disposal of land by foundation body

2(1)This paragraph applies to any disposal by a foundation body of—

(a)any land acquired under paragraph 2, 4 or 9 of Schedule 3, paragraph 16 or 20 of Schedule 6 or paragraph 5 or 6 of Schedule 21 or under any regulations made under paragraph 5 of Schedule 8;

(b)any land acquired from the governing body of a maintained school;

(c)any land acquired from another foundation body;

(d)any land acquired, or enhanced in value, wholly or partly by means of any grant provided by the Secretary of State on or after the appointed day;

(e)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature; or

(f)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (e).

(2)The foundation body shall not make any such disposal without the written consent of the Secretary of State.

(3)Where the foundation body apply to the Secretary of State for his consent to any such disposal, he may do either or both of the following, namely—

(a)make any such requirement as is mentioned in paragraph 1(3)(a); and

(b)give any such direction to the foundation body as he could give to a governing body under paragraph 1(3)(b).

(4)More than one direction may be given under sub-paragraph (3)(b) to make a payment in relation to the proceeds of disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.

(5)Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a)prepared a statement in writing—

(i)containing details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(ii)indicating that the expenditure was being treated by them as expenditure of a capital nature; and

(b)sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred.

Disposal of land by trustees of foundation, voluntary or foundation special school

3(1)This paragraph applies to any disposal by the trustees of a foundation, voluntary or foundation special school of—

(a)any land acquired under section 60, 61 or 70 of the [1996 c. 56.] Education Act 1996, under paragraph 2, 4 or 9 of Schedule 3 or paragraph 16 or 20 of Schedule 6 or under any regulations made under paragraph 5 of Schedule 8;

(b)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature;

(c)any land acquired by the governing body of the school—

(i)under a transfer under section 201(1)(a) of the [1996 c. 56.] Education Act 1996, or

(ii)wholly or partly with the proceeds of disposal of any land so acquired,

and transferred by the governing body to be held on trust by the trustees;

(d)any land acquired from the Funding Agency for Schools;

(e)any land acquired, or enhanced in value, wholly or partly by means of—

(i)any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the [1996 c. 56.] Education Act 1996), or

(ii)any grant paid under section 216(2) of that Act;

(f)any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (d) or (e); or

(g)any land acquired, or enhanced in value, wholly or partly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the [1996 c. 56.] Education Act 1996).

(2)If a voluntary aided school was, immediately before the appointed day, a controlled school within the meaning of the [1996 c. 56.] Education Act 1996, this paragraph also applies to any disposal by the trustees of the school of any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of that Act.

(3)Where paragraph (a), (b) or (c) of sub-paragraph (1) or sub-paragraph (2) applies, the trustees shall notify the local education authority that that provision applies to them and they or their successors shall pay to the authority so much of the proceeds of disposal as may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.

(4)In making any determination under sub-paragraph (3), the trustees and the authority, or the Secretary of State, as the case may be, shall have regard in particular to—

(a)the value, as at the date of the determination, of the land acquired from the authority;

(b)any enhancement in value of the land attributable to expenditure by the local education authority, the trustees or the governing body of the school on school buildings on the land; and

(c)any payments already made by the trustees to the authority—

(i)in respect of the current school site; or

(ii)under section 60(4) of the [1996 c. 56.] Education Act 1996 or under paragraph 2(6) of Schedule 3 or paragraph 16(5) of Schedule 6 to this Act.

(5)More than one determination may be made under sub-paragraph (3) in relation to a disposal of land within sub-paragraph (1) or (2) where it is just to do so, in particular where the disposal involves the creation of a lease.

(6)Sub-paragraph (1)(b) shall not apply in the case of any expenditure unless the authority—

(a)prepared a statement in writing—

(i)containing details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(ii)indicating that the expenditure was being treated by them as expenditure of a capital nature; and

(b)sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.

(7)Sub-paragraph (3) does not apply in the case of land acquired under section 60 or 61 of the [1996 c. 56.] Education Act 1996 or under paragraph 2 or 4 of Schedule 3 to this Act by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the [1996 c. 56.] Education Act 1996).

(8)Where paragraph (d), (e) or (f) of sub-paragraph (1) applies, the trustees shall notify the local education authority that that paragraph applies to them and they and their successors shall (subject to sub-paragraph (9)) undertake to the authority to use the proceeds of disposal—

(a)for the purposes of the school, or

(b)for the purposes—

(i)of any other existing foundation, voluntary or foundation special school, or

(ii)of any other proposed foundation, voluntary or foundation special school, whether or not proposals have yet been published under section 28 or 31 in respect of that proposed school.

(9)Where it appears to the Secretary of State that the trustees have not given a suitable undertaking under sub-paragraph (8), the Secretary of State may direct the trustees to pay to the authority either the whole or any part of the proceeds of disposal as he determines to be just.

(10)More than one direction may be given under sub-paragraph (9) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.

(11)Where paragraph (g) of sub-paragraph (1) applies, the governing body of the school shall repay the grant referred to in that paragraph to the local education authority by whom the school is maintained, unless the governing body and the authority otherwise agree.

(12)Where the trustees of a foundation, voluntary or foundation special school wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools—

(a)the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and

(b)the value of the land as at the date of any determination under sub-paragraph (3) or of any direction under sub-paragraph (9) shall be treated as proceeds of the disposal of the land.

Land required by local education authority for new school

4(1)This paragraph applies where, on an application made by a local education authority, the Secretary of State is satisfied—

(a)that any relevant land—

(i)held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the governing body or the trustees of the school, or

(ii)held by a foundation body for the purposes of the group of schools for which it acts,

is not required for the purposes of the school or (as the case may be) those schools; and

(b)that that land is required by the authority as the site for a new maintained school or as the site to which a maintained school is to be transferred.

(2)In such a case the Secretary of State may by order require the relevant land to be transferred to the authority by the body or trustees holding the land, subject to the payment by the authority of such sum by way of consideration (if any) as he determines to be appropriate.

(3)In this paragraph “relevant land” means land which was acquired by the governing body of the school, or (as the case may be) one of the schools, mentioned in sub-paragraph (1)(a) under a transfer under section 201(1)(a) of the [1996 c. 56.] Education Act 1996.

Part IIMaintained schools: disposals on discontinuance

Discontinuance of foundation, voluntary and foundation special schools: land

5(1)This paragraph applies where—

(a)proposals to discontinue a foundation, voluntary or foundation special school under section 29(1) or (2), section 31(1) or (2) or paragraph 5 of Schedule 7—

(i)have been approved or adopted under paragraph 3 or 8 of Schedule 6 or paragraph 8, 9 or 14 of Schedule 7, or

(ii)have been determined to be implemented under paragraph 4 or 9 of Schedule 6, or

(b)the Secretary of State has given a direction—

(i)under section 19(1) requiring a maintained school to be discontinued, or

(ii)under section 32(1) requiring a foundation special school to be discontinued.

(2)The governing body of the school shall apply to the Secretary of State for him to exercise his powers under sub-paragraph (4) below in relation to any land falling within paragraphs (a) to (f) of paragraph 1(1) which is held by them for the purposes of the school.

(3)Where the school is a member of the group for which a foundation body acts, the body shall apply to the Secretary of State for him to exercise his powers under sub-paragraph (4) below in relation to any land falling within paragraphs (a) to (f) of paragraph 2(1) which is held by it for the purposes of the schools comprising the group.

(4)On an application under sub-paragraph (2) or (3), the Secretary of State may do one or more of the following, namely—

(a)make any such requirement as is mentioned in paragraph 1(3)(a);

(b)direct the governing body or the foundation body, as the case may be, to pay, either to him or to such local authority as he may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (2) or (3), as the case may be; and

(c)in a case where the discontinuance of the school is connected with proposals under section 28 or 31 or paragraph 5 of Schedule 7 to establish, or to make a prescribed alteration to, any other school or schools, require the land or any part of the land to be transferred to the governing body of such maintained school or the temporary governing body of such new school as he may specify.

(5)Where the governing body or foundation body fail to make an application as required by sub-paragraph (2) or (3), as the case may be, the Secretary of State may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph (4).

(6)Where the trustees of the school—

(a)dispose of any land falling within paragraph 3(1) or (2), or

(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph 3 shall apply to them.

Discontinuance of foundation or voluntary school by notice given by its governing body: land and premises

6(1)This paragraph applies where the governing body of a foundation or voluntary school apply for the Secretary of State’s consent to serve a notice under section 30(1).

(2)If the Secretary of State gives such consent, he may impose any requirements in relation to the governing body or, where the school is a member of the group for which a foundation body acts, the foundation body that he thinks just—

(a)in respect of the repayment of all or part of any expenditure incurred by him as mentioned in section 30(2);

(b)in respect of the transfer to the local education authority of any premises used for the purposes of the school which he is satisfied the authority will need for any purpose connected with education;

(c)(where any premises are to be so transferred) in respect of the payment by the authority of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

(d)(where any premises used for the purposes of the school are not to be so transferred) in respect of the payment by the governing body or the foundation body, as the case may be, to the authority of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

(3)In sub-paragraph (2) “at public expense” means at the expense of—

(a)the Funding Agency for Schools, or

(b)any local education authority or an authority within section 30(2)(d).

(4)Where the trustees of the school—

(a)dispose of any land falling within paragraph 3(1) or (2), or

(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph 3 shall apply to them.

Disposal of property held by governing body of maintained school on their dissolution

7(1)This paragraph applies in connection with the dissolution of the governing body of a maintained school by virtue of paragraph 4 of Schedule 10.

(2)Where a governing body are so dissolved—

(a)all land or other property of the governing body which is used or held for the purposes of the school, and

(b)all rights and liabilities (including rights and liabilities in relation to staff) of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school,

shall on the date of dissolution be transferred to, and by virtue of this Act vest in—

(i)the local education authority, or

(ii)one or more of the following, namely the governing body of a maintained school and the temporary governing body of a new school, if the Secretary of State so directs before the date of dissolution.

(3)Sub-paragraph (2) does not apply to—

(a)any land or other property for which provision has been made for transfer or payment under paragraph 5(4) or 6(2),

(b)any property of whatever nature which is held by the governing body on trust for the purposes of the school, or

(c)unless the Secretary of State otherwise directs by order made before the date of dissolution, any liabilities of the governing body in respect of any loan made to the governing body.

(4)Subject to sub-paragraph (5), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property on trust for purposes connected with the provision of education in maintained schools.

(5)Sub-paragraph (4) does not apply to any land or other property so held by the governing body of a foundation, voluntary or foundation special school where any other persons also hold any property on trust for the purposes of the school; and any such land or other property shall on the date of dissolution be transferred to, and by virtue of this Act vest in, those persons.

(6)If any doubt or dispute arises as to the persons to whom any land or other property within sub-paragraph (5) falls to be transferred under that sub-paragraph, it shall be treated as falling to be so transferred to such persons as the Secretary of State thinks proper.

Notice by trustees terminating foundation or voluntary school’s occupation of existing site

8(1)This paragraph applies where trustees have given a notice falling within section 30(10) which is effective to terminate a foundation or voluntary school’s occupation of any land (“the relevant premises”).

(2)If any expenditure has been incurred on the relevant premises as mentioned in section 30(2)(a) to (d), the Secretary of State may impose any requirements that he thinks just—

(a)in respect of the repayment by the trustees of all or part of any such expenditure which was incurred by him;

(b)in respect of the transfer by the trustees to the local education authority of the whole or part of the relevant premises where he is satisfied the authority will need them for any purpose connected with education;

(c)(to the extent that the relevant premises are to be so transferred) in respect of the payment by the authority to the trustees of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

(d)(to the extent that the relevant premises are not to be so transferred) in respect of the payment by the trustees to the authority of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

(3)In sub-paragraph (2) “at public expense” means at the expense of—

(a)the Funding Agency for Schools, or

(b)any local education authority or an authority within section 30(2)(d).

Part IIIGeneral

9(1)Where a transfer under paragraph 1(3)(a), 2(3)(a), 4(2), 5(4)(a) or (c), 6(2)(b) or 8(2)(b) of this Schedule relates to registered land, it shall be the duty of the transferor—

(a)to execute any such instrument under the Land Registration Acts 1925 to 1986,

(b)to deliver any such certificate under those Acts, and

(c)to do such other things under those Acts,

as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.

(2)Paragraphs 6 to 8 of Schedule 10 to the [1988 c. 40.] Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers under paragraph 7 of this Schedule as they apply in relation to transfers to which that Schedule applies.

10(1)In this Schedule—

(a)“the trustees”, in relation to a school, means any person (other than the governing body) holding property on trust for the purposes of the school;

(b)“disposal” includes—

(i)a compulsory disposal; and

(ii)in the case of any premises held under a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 (“the 1954 Act”) applies, the termination of that tenancy under that Part of that Act;

(c)references to “proceeds of disposal”, in relation to a disposal of land, are references to—

(i)any consideration for the disposal, including rent;

(ii)any compensation for the disposal, including any compensation paid by the landlord on the quitting of any premises within paragraph (b)(ii) by the governing body, foundation body or trustees (whether or not the compensation is required to be paid by section 37 of the 1954 Act (compensation where order for new tenancy precluded on certain grounds)); and

(iii)interest which has accrued in respect of any such consideration or compensation;

(d)“new school” has the meaning given by section 72(3).

(2)In paragraphs (b)(ii) and (c)(ii) of sub-paragraph (1) expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.

(3)In paragraphs 1(1), 3(1) and 4(3) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day—

(a)to any land being acquired in a particular way, or

(b)to any grant being provided in a particular way,

are references to the land being acquired in that way by, or (as the case may be) to the grant being provided in that way to, the governing body or trustees of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the [1996 c. 56.] Education Act 1996.

(4)In paragraphs 1(1) and 3(1) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day, to any expenditure being incurred for the purposes of the school are references to such expenditure being incurred for the purposes of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the [1996 c. 56.] Education Act 1996.

(5)In paragraph 1(1) references, in relation to the governing body of a foundation, voluntary or foundation special school, to any land being acquired in a particular way include references to the land being acquired in that way by the temporary governing body for the school.

Section 93.

SCHEDULE 23Determination, variation and review of standard numbers

Part IDetermination of standard numbers

Standard numbers for admission to maintained schools

1(1)This paragraph applies to any maintained school which immediately before the appointed day was a county, voluntary or grant-maintained school (within the meaning of the [1996 c. 56.] Education Act 1996).

(2)Subject to paragraph 2(1), the standard number applying to a school for any relevant age group in any school year beginning on or after the appointed day shall be—

(a)in the case of a school which immediately before that day was a county or voluntary school, the standard number applying to the school under sections 417 to 420 of the [1996 c. 56.] Education Act 1996 for that age group in the last school year beginning before that day, or

(b)in the case of a school which immediately before that day was a grant-maintained school, the approved admission number applying to the school under sections 426 to 428 of that Act for that age group in the school year mentioned in paragraph (a).

Standard numbers on establishment or alteration of school

2(1)If proposals under section 28 or paragraph 5 of Schedule 7 have fallen to be implemented in relation to a maintained school—

(a)any number stated in the proposals as the number of pupils which it is intended to admit to the school in any relevant age group shall constitute the standard number applying to the school for that age group in any school year in relation to which the proposals have been implemented; and

(b)in the case of any such proposals which provide for their implementation in stages, any number stated in the proposals as the number of pupils which it is intended to admit to the school in any relevant age group at any particular stage of implementation of the proposals shall constitute the standard number applying to the school for that age group in any school year in relation to which that stage of the proposals has been implemented.

(2)Any standard number applying under sub-paragraph (1) is without prejudice to the application under that sub-paragraph of a new standard number if further proposals under section 28 or paragraph 5 of Schedule 7 fall to be implemented.

(3)References in this paragraph to proposals under section 28 or paragraph 5 of Schedule 7 are to the proposals with any modifications made—

(a)where the school is in England, by the school organisation committee or the adjudicator under paragraph 3 or 5 of Schedule 6 or paragraph 8 or 9 of Schedule 7, or

(b)where the school is in Wales, by the Secretary of State under paragraph 8 or 10 of Schedule 6 or paragraph 14 of Schedule 7.

Part IIVariation of standard numbers: England

Application of Part II

3This Part of this Schedule applies to schools in England.

Variation of standard numbers

4(1)The Secretary of State may by order applying to maintained schools of any class or description vary any standard number that would otherwise apply by virtue of paragraph 1 or 2.

(2)Subject to sub-paragraphs (3) to (5), the school organisation committee or the adjudicator may make a decision varying any standard number that would otherwise apply to an individual school by virtue of paragraph 1 or 2 or by virtue of any order made under sub-paragraph (1).

(3)A decision under sub-paragraph (2) increasing a standard number may be made on the application of the admission authority for the school or on an application made by the governing body or local education authority in accordance with section 93(7).

(4)A decision under sub-paragraph (2) reducing a standard number may only be made on the application of the admission authority for the school.

(5)A decision under sub-paragraph (2) is subject to the procedure provided for in paragraphs 5 and 6.

Procedure for application to vary standard number

5(1)Where the local education authority or the governing body intend to apply for a variation under paragraph 4(2) of any standard number applying to a school under paragraph 1, 2 or 4 for any age group in any year—

(a)they shall publish their proposals relating to the variation in such manner, and containing such information, as may be prescribed, and

(b)they shall send—

(i)their application,

(ii)a copy of the published proposals, and

(iii)such information in connection with those proposals as may be prescribed,

to the school organisation committee.

(2)Before making such an application, the local education authority or the governing body shall consult the governing body or the local education authority, as the case may be.

(3)Sub-paragraph (2) shall not apply in relation to any application made by the local education authority or the governing body in accordance with section 93(7).

(4)Any person may make objections to any proposals published under sub-paragraph (1).

(5)Objections under sub-paragraph (4) shall be sent to the school organisation committee within such period as may be prescribed.

(6)Where any proposals published under this paragraph relate to a school which is situated in an area other than that of the local education authority who maintain the school, the provisions of this paragraph and paragraph 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

Decision on application to vary standard number

6(1)Subject to the following provisions of this paragraph, on an application for a decision under paragraph 4(2), the school organisation committee may—

(a)make a decision under that provision varying the standard number to the number proposed;

(b)where the application is for an increase in the standard number, make a decision under that provision increasing the standard number to such number (less than the number proposed) as they think desirable;

(c)where the application is for a reduction of the standard number, make a decision under that provision reducing the standard number to such number (greater than the number proposed) as they think desirable; or

(d)decide not to vary the standard number.

(2)Before making any decision in accordance with paragraph (b) or (c) of sub-paragraph (1), the committee shall consult the local education authority and the governing body of the school.

(3)When making any decision in accordance with sub-paragraph (1), the committee shall have regard to—

(a)any guidance given from time to time by the Secretary of State,

(b)the school organisation plan for the area in which the school is situated, and

(c)where the application is for the reduction of a standard number at a primary school, any limit imposed under section 1 which applies to that school and to any other school which is likely to be affected if any reduction of that number were to be made.

(4)Subject to sub-paragraph (5), the committee shall not make a decision reducing a standard number unless they are satisfied that the reduction is necessary, having regard to the school’s capacity to accommodate pupils.

(5)Where—

(a)an application is for a reduction of any standard number applicable to admissions to an infant class (as defined by section 4); and

(b)the committee are satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the relevant standard number would cause prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section,

the committee shall make a decision under paragraph 4(2) reducing the standard number by the smallest number which they consider sufficient to avoid such prejudice arising.

(6)Where the school organisation committee make a decision in accordance with paragraph (a), (b) or (c) of sub-paragraph (1), then subject to sub-paragraph (2) the committee may decide that the standard number shall be varied with effect from a date other than that specified in the application.

(7)If—

(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on the question whether to vary the standard number under sub-paragraph (1), and

(b)the body by whom the application was made request the committee to refer the application to the adjudicator,

they shall refer the application to the adjudicator.

(8)If the committee—

(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under sub-paragraph (1) by a unanimous decision, but

(b)have failed to reach such a decision on that matter,

they shall refer the application to the adjudicator.

(9)Where any application is referred to the adjudicator under sub-paragraph (7) or (8)—

(a)he shall consider the application afresh; and

(b)sub-paragraphs (1) to (6) shall apply to him in connection with his decision on the application as they apply to the committee.

(10)Regulations may make provision for enabling the school organisation committee or the adjudicator—

(a)to review any decision of theirs made in accordance with sub-paragraph (1), and

(b)(if appropriate) to revoke or vary any such decision,

in such circumstances as may be prescribed.

(11)For the purposes of sub-paragraph (4) a school’s capacity to accommodate pupils shall be calculated having regard to any guidance given from time to time by the Secretary of State.

Part IIIVariation of standard numbers: Wales

Application of Part III

7This Part of this Schedule applies to schools in Wales.

Variation of standard numbers

8(1)The Secretary of State may by order applying to maintained schools of any class or description vary any standard number that would otherwise apply by virtue of paragraph 1 or 2.

(2)Subject to sub-paragraphs (3) to (5), the Secretary of State may make a decision varying any standard number that would otherwise apply to an individual school by virtue of paragraph 1 or 2 or by virtue of any order made under sub-paragraph (1).

(3)A decision under sub-paragraph (2) increasing a standard number may be made on the application of the admission authority for the school or on an application made by the governing body or local education authority in accordance with section 93(7).

(4)A decision under sub-paragraph (2) reducing a standard number may only be made on the application of the admission authority for the school.

(5)A decision under sub-paragraph (2) is subject to the procedure provided for in paragraphs 9 and 10.

Procedure for application to vary standard number

9(1)Where the local education authority or the governing body intend to apply for a variation under paragraph 8(2) of any standard number applying to a school under paragraph 1, 2 or 8 for any age group in any year—

(a)they shall publish their proposals relating to the variation in such manner, and containing such information, as may be prescribed, and

(b)they shall send—

(i)their application,

(ii)a copy of the published proposals, and

(iii)such information in connection with those proposals as may be prescribed,

to the Secretary of State.

(2)Before making such an application, the local education authority or the governing body shall consult the governing body or the local education authority, as the case may be.

(3)In making such an application, the local education authority or the governing body shall have regard to any guidance given from time to time by the Secretary of State (including any such guidance as to the manner in which a school’s capacity to accommodate pupils should be calculated).

(4)Sub-paragraph (2) shall not apply in relation to any application made by the local education authority or the governing body in accordance with section 93(7).

(5)Any person may make objections to any proposals published under sub-paragraph (1).

(6)Objections under sub-paragraph (5) shall be sent to the Secretary of State within such period as may be prescribed.

(7)Where any proposals published under this paragraph relate to a school which is situated in an area other than that of the local education authority who maintain the school, the provisions of this paragraph and paragraph 10 shall have effect in relation to the proposals with such modifications as may be prescribed.

Decision on application to vary standard number

10(1)Subject to the following provisions of this paragraph, on an application for a decision under paragraph 8(2), the Secretary of State may—

(a)make a decision under that provision varying the standard number to the number proposed;

(b)where the application is for an increase in the standard number, make a decision under that provision increasing the standard number to such number (less than the number proposed) as he thinks desirable;

(c)where the application is for a reduction of the standard number, make a decision under that provision reducing the standard number to such number (greater than the number proposed) as he thinks desirable; or

(d)decide not to vary the standard number.

(2)Before making any decision in accordance with paragraph (b) or (c) of sub-paragraph (1), the Secretary of State shall consult the local education authority and the governing body of the school.

(3)When making any decision in accordance with sub-paragraph (1), the Secretary of State shall have regard to—

(a)the school organisation plan for the area in which the school is situated, and

(b)where the application is for the reduction of a standard number at a primary school, any limit imposed under section 1 which applies to that school and to any other school which is likely to be affected if any reduction of that number were to be made.

(4)Subject to sub-paragraph (5), the Secretary of State shall not make a decision reducing a standard number unless he is satisfied that the reduction is necessary, having regard to the school’s capacity to accommodate pupils.

(5)Where—

(a)an application is for a reduction of any standard number applicable to admissions to an infant class (as defined by section 4); and

(b)the Secretary of State is satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the relevant standard number would cause prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section,

the Secretary of State shall make a decision under paragraph 8(2) reducing the standard number by the smallest number which he considers sufficient to avoid such prejudice arising.

(6)Where the Secretary of State makes a decision in accordance with paragraph (a), (b) or (c) of sub-paragraph (1), then subject to sub-paragraph (2) he may decide that the standard number shall be varied with effect from a date other than that specified in the application.

(7)Regulations may make provision for enabling the Secretary of State—

(a)to review any decision of his made in accordance with sub-paragraph (1), and

(b)(if appropriate) to revoke or vary any such decision,

in such circumstances as may be prescribed.

Part IVReview of standard numbers

11(1)The admission authority for a maintained school shall keep under review any standard numbers applying to the school under paragraph 1, 2, 4 or 8, as the case may be, having regard to—

(a)the school’s capacity to accommodate pupils, and

(b)in the case of any standard number applicable to admissions to an infant class (as defined by section 4), the need to secure that the admission to the school in any school year of a number of children in any relevant age group equal to the relevant standard number would not cause prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.

(2)The admission authority for a maintained school containing any infant class (as defined by section 4) shall in particular carry out a review under sub-paragraph (1) as soon as reasonably practicable following the coming into force of regulations under section 1 by virtue of which any limit on class sizes is to apply, or be varied, in relation to any such class at the school.

(3)Where, as a result of a review under sub-paragraph (1), the authority consider that any standard number at the school should be varied in order to enable the objective referred to in sub-paragraph (1)(b) to be achieved, they shall make an application for a decision under paragraph 4(2) or 8(2) (as the case may be) varying the standard number.

(4)For the purposes of sub-paragraph (1) a school’s capacity to accommodate pupils shall be calculated having regard to any guidance given from time to time by the Secretary of State.

Section 94.

SCHEDULE 24Admission appeals

Part IConstitution of appeal panels

Appeal arrangements made by local education authorities

1(1)An appeal pursuant to arrangements made by a local education authority under section 94(1) shall be to an appeal panel constituted in accordance with this paragraph.

(2)An appeal panel shall consist of three or five members appointed by the authority from—

(a)persons who are eligible to be lay members; and

(b)persons who have experience in education, are acquainted with educational conditions in the area of the authority or are parents of registered pupils at a school.

(3)Of the members of an appeal panel—

(a)at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b)at least one must be a person falling within sub-paragraph (2)(b).

(4)For the purposes of this paragraph a person is eligible to be a lay member if he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).

(5)Sufficient persons may be appointed by the authority under this paragraph to enable two or more appeal panels to sit at the same time.

(6)No person shall be a member of an appeal panel if he is disqualified by virtue of sub-paragraph (7).

(7)The following persons are disqualified for membership of an appeal panel—

(a)any member of the authority or of the governing body of the school in question;

(b)any person employed by the authority or the governing body, other than a person employed as a teacher;

(c)any person who has, or at any time has had, any connection with the authority or the school, or with any person within paragraph (b), of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority or the school.

(8)A person employed as a teacher by the authority shall not be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (7)(c).

(9)A person shall not be a member of an appeal panel for the consideration of an appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(10)A person who is a teacher at a school shall not be a member of an appeal panel for the consideration of an appeal involving a question whether a child is to be admitted to that school.

(11)Where, at any time after an appeal panel consisting of five members have begun to consider an appeal, any of the members—

(a)dies, or

(b)becomes unable through illness to continue as a member,

the panel may continue with their consideration and determination of the appeal so long as the number of the remaining members is not less than three and the requirements of sub-paragraph (3) are satisfied.

Appeal arrangements made by governing bodies

2(1)An appeal pursuant to arrangements made by the governing body of a foundation or voluntary aided school under section 94(2) shall be to an appeal panel constituted in accordance with this paragraph.

(2)An appeal panel shall consist of three or five members appointed by the governing body from—

(a)persons who are eligible to be lay members; and

(b)persons who have experience in education, are acquainted with educational conditions in the area of the school or are parents of registered pupils at a school.

(3)Of the members of an appeal panel—

(a)at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b)at least one must be a person falling within sub-paragraph (2)(b).

(4)For the purposes of this paragraph a person is eligible to be a lay member if he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).

(5)Sufficient persons may be appointed by the governing body under this paragraph to enable two or more appeal panels to sit at the same time.

(6)No person shall be a member of an appeal panel if he is disqualified by virtue of sub-paragraph (7).

(7)The following persons are disqualified for membership of an appeal panel—

(a)any member of the local education authority by whom the school is maintained or of the governing body;

(b)any person employed by the authority or the governing body, other than a person employed as a teacher;

(c)any person who has, or at any time has had, any connection with the authority or the school, or with any person within paragraph (b), of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority or the school.

(8)A person employed as a teacher by the authority shall not be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (7)(c).

(9)A person who is a teacher at a school shall not be a member of an appeal panel for the consideration of an appeal involving a question whether a child is to be admitted to that school.

(10)Where, at any time after an appeal panel consisting of five members have begun to consider an appeal, any of the members—

(a)dies, or

(b)becomes unable through illness to continue as a member,

the panel may continue with their consideration and determination of the appeal so long as the number of the remaining members is not less than three and the requirements of sub-paragraph (3) are satisfied.

3(1)Where (by virtue of section 94(3)) joint arrangements are made under section 94(2) by the governing bodies of two or more schools, paragraph 2 shall apply as if—

(a)(except in sub-paragraph (7)) any reference to the governing body were a reference to the governing bodies of both or all the schools; and

(b)in sub-paragraph (7), any reference to the governing body of the school in question or to that school were a reference to any of those governing bodies or to any of those schools (as the case may be).

(2)An appeal pursuant to such joint arrangements shall be to an appeal panel constituted in accordance with paragraph 2 as it so applies.

Joint arrangements by local education authorities and governing bodies

4(1)Where (by virtue of section 94(4)) joint arrangements are made by a local education authority and the governing body or bodies of one or more schools, paragraph 1 shall apply in relation to those arrangements as it applies in relation to arrangements made by a local education authority under section 94(1), but as if in sub-paragraph (7) any reference to the governing body of the school in question or to that school were a reference to the governing body of any school to which the arrangements relate or to any such school (as the case may be).

(2)An appeal pursuant to such joint arrangements shall be to an appeal panel constituted in accordance with paragraph 1 as it so applies.

Allowances for members

5(1)For the purpose of the payment of financial loss allowance under section 173(4) of the [1972 c. 70.] Local Government Act 1972, that provision shall apply, with any necessary modifications, to any member of an appeal panel constituted in accordance with paragraph 1 or 2 (or in accordance with either of those paragraphs as it applies by virtue of paragraph 3 or 4) as it applies to any member of a parish or community council; and such an appeal panel shall be included in the bodies to which section 174 of that Act (travelling and subsistence allowances) applies.

(2)In section 174(1) of that Act, in its application to a panel in accordance with sub-paragraph (1), the reference to payments at rates determined by the body in question shall be read as a reference to payments at rates determined—

(a)by the authority, if the panel is constituted in accordance with paragraph 1 (or in accordance with that paragraph as it applies by virtue of paragraph 4); and

(b)otherwise by the governing body or bodies of the school or schools in question.

Duty to advertise for lay members

6The Secretary of State may by regulations require any local education authority or governing body who are required by section 94(1) or (2) to make arrangements under that provision—

(a)to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal panel required to be constituted for the purposes of such arrangements to apply to the authority or body for appointment as such members, and

(b)in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority or body in response to an advertisement placed in pursuance of sub-paragraph (a) above.

Indemnity

7(1)Any local education authority or governing body required to make arrangements under section 94(1) or (2) shall indemnify the members of any appeal panel required to be constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that panel.

(2)Where any such panel is constituted in accordance with—

(a)paragraph 1 as it applies by virtue of paragraph 4, or

(b)paragraph 2 as it applies by virtue of paragraph 3,

any liability arising under sub-paragraph (1) above shall be a joint and several liability of the bodies by whom the joint arrangements are made unless otherwise previously agreed in writing between those bodies.

Part IIProcedure

8In this Part of this Schedule “appeal” means an appeal pursuant to any arrangements made under section 94.

9An appeal shall be by notice in writing setting out the grounds on which it is made.

10An appeal panel shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.

11The matters to be taken into account by an appeal panel in considering an appeal shall include—

(a)any preference expressed by the appellant in respect of the child as mentioned in section 86, and

(b)the arrangements for the admission of pupils published by the local education authority or the governing body under section 92.

12Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section, an appeal panel shall determine that a place is to be offered to the child only if they are satisfied—

(a)that the decision was not one which a reasonable admission authority would make in the circumstances of the case; or

(b)that the child would have been offered a place if the admission arrangements (as published under section 92) had been properly implemented.

13(1)Appeals shall be heard in private except when the body or bodies by whom the arrangements under section 94 are made direct otherwise; but—

(a)if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel constituted in accordance with paragraph 1;

(b)if the panel so direct, one member of the governing body of the school in question may attend, as an observer, any hearing of an appeal by an appeal panel constituted in accordance with paragraph 1 or 2 (or in accordance with paragraph 2 as it applies by virtue of paragraph 3); and

(c)one member of the Council on Tribunals may attend, as an observer, any meeting of any appeal panel at which an appeal is considered.

(2)For the purposes of sub-paragraph (1), an appeal to an appeal panel constituted in accordance with paragraph 1 as it applies by virtue of paragraph 4 shall be treated—

(a)as an appeal to an appeal panel constituted in accordance with paragraph 1 if it relates to a community or voluntary controlled school; and

(b)as an appeal to an appeal panel constituted in accordance with paragraph 2 if it relates to a foundation or voluntary aided school.

14In the event of a disagreement between the members of an appeal panel, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the panel shall have a second or casting vote.

15(1)The decision of an appeal panel and the grounds on which it is made shall be communicated by the panel in writing to—

(a)the appellant and the local education authority, and