Office of Public Sector Information
PART II continued CHAPTER II continued
(1) Where the Secretary of State is satisfied that the transfer of a voluntary school to a new site is expedient—
(a) because it is not reasonably practicable to make to the existing premises of the school any alterations necessary to secure that they conform to the standards prescribed under section 542, or
(b) in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning,
he may by order authorise the transfer of the school to the new site.
(2) The Secretary of State shall not, however, make any such order in the case of an aided or special agreement school unless he is satisfied that the school’s governing body will be able and willing, with the assistance of any grant made under section 65, to defray the expenses mentioned in section 59(5).
(3) Before making an order under this section the Secretary of State shall consult—
(a) any local education authority who in his opinion will be affected by the making of the order; and
(b) the governing body of any voluntary school which in his opinion will be so affected.
(4) An order under this section may—
(a) impose such conditions on any such local education authority or governing body, and
(b) contain such incidental and consequential provisions,
as the Secretary of State thinks fit.
(1) Where, at or before the time when any proposals are submitted to the Secretary of State under section 41(1), an application is duly made to the Secretary of State with respect to the school to which the proposals relate, he may (subject to the following provisions of this section) by order direct—
(a) that the school shall be a controlled school; or
(b) that the school shall be an aided school.
(2) Where on an application for an order under subsection (1)(b) the Secretary of State is satisfied that the governing body of the school will be able and willing, with the assistance of grants under section 65, to defray the expenses that would fall to be borne by them by virtue of section 59(2) and (3) as the governing body of an aided school, he shall make an order directing that the school shall be an aided school.
(3) Where on an application for an order under subsection (1)(b)—
(a) the Secretary of State is not satisfied that the governing body will be able to defray those expenses without the assistance of both—
(i) grants under section 65, and
(ii) a loan under section 67, and
(b) it appears to him that the area to be served by the school will not be also served by a county or controlled school,
he shall comply with subsection (4) before determining the application.
(4) The Secretary of State—
(a) shall consult such persons or bodies of persons as appear to him to be representative of any religion or religious denomination which, in his opinion having regard to the circumstances of the area, is likely to be concerned, and
(b) unless he is satisfied after that consultation that the holding of a local inquiry is unnecessary, cause such an inquiry to be held.
Proposals published under section 35 or 41 with respect to a school maintained or to be maintained by a local education authority may, if the authority or persons making them think fit—
(a) specify an age below 10 years and six months and an age above 12 years, and
(b) provide that the school is to be a school for providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.
(1) Where—
(a) a county school is organised in two or more departments, and
(b) the local education authority submit to the Secretary of State proposals that the school should be divided into two or more separate schools,
the Secretary of State may by order direct that the school shall be divided into two or more separate county schools.
(2) Any such order shall come into operation on such date as may be specified in the order; and as from that date the local education authority shall maintain as a county school each of the separate schools constituted in pursuance of the order.
(3) An order under this section may contain such incidental, consequential and supplemental provisions as the Secretary of State thinks fit, and may, in particular, include provision for defining the premises of each of the separate schools to be constituted in pursuance of the order.
(4) The constitution of a separate school in pursuance of an order under this section does not amount to the establishment of a new school for the purposes of section 35(1).
(5) In this section “department”, in relation to a school, means a part of the school organised under a separate head teacher.
(1) Where—
(a) a controlled or aided school is organised in two or more separate departments, and
(b) the governing body, after consulting the local education authority, submit to the Secretary of State proposals that the school should be divided into two or more separate schools,
the Secretary of State may by order direct that the school shall be divided into two or more separate voluntary schools.
(2) Where the school is a controlled school, the order shall direct that each of the schools into which it is to be divided shall be a controlled school.
(3) Where the school is an aided school, the order shall direct that each of the schools into which it is to be divided shall be an aided school; except that, if the governing body request the Secretary of State to direct that all or any of those schools shall be controlled schools, the order shall direct accordingly.
(4) An order under this section shall come into operation on such date as may be specified in the order; and as from that date the local education authority shall maintain as a voluntary school each of the separate schools constituted in pursuance of the order.
(5) An order under this section may contain such incidental, consequential and supplemental provisions as the Secretary of State thinks fit, and may, in particular, include provision for defining the premises of each of the separate schools to be constituted in pursuance of the order.
(6) The constitution of a separate school in pursuance of an order under this section does not amount to the establishment of a new school for the purposes of section 41(1).
(7) No order shall be made under this section for the division of a school in respect of which a special agreement is in force.
(8) In this section “department”, in relation to a school, means a part of the school organised under a separate head teacher.
(1) Where the governing body of a controlled school propose to apply for an order under section 54 directing that the school should become an aided school, they shall, after consultation with the local education authority—
(a) publish their proposals in such manner as may be required by regulations, and
(b) submit a copy of the published proposals to the Secretary of State.
(2) Proposals published under this section shall be accompanied by a statement which—
(a) explains the effect of section 53; and
(b) specifies the date on which the proposals are intended to be implemented.
(3) A governing body who submit proposals to the Secretary of State under this section shall provide him with such information as he may reasonably require in order to be able to give proper consideration to them.
(1) Objections to any proposals published under section 52 may be submitted to the Secretary of State by any of the following—
(a) any ten or more local government electors for the area of the local education authority by whom the school is maintained;
(b) the governing body of any voluntary school affected by the proposals; and
(c) any local education authority concerned.
(2) Objections may be so submitted within the period of two months beginning with the date on which the proposals are first published.
(3) For the purposes of this section proposals under section 52 shall be taken to have been first published—
(a) on the day on which the requirements of regulations under that section with respect to the publication of the proposals are satisfied; or
(b) where different such requirements are satisfied on different days, on the last of those days.
(4) Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (3) be taken to be satisfied on the first day in respect of which it is satisfied.
(1) On an application duly made to him by the governing body of any controlled school the Secretary of State may by order direct that, as from such date as is specified in the order, the school shall be an aided school.
(2) The Secretary of State shall not make an order under this section unless he is satisfied that the governing body will be able and willing—
(a) with the assistance of grants under section 65, to defray the expenses mentioned in section 59(2) and (3), and
(b) to pay to the local education authority any compensation payable by the governing body under section 56.
(3) Where the Secretary of State proposes, in making an order under this section, to specify under subsection (1) a date which is different from that specified in pursuance of section 52(2)(b), he shall first consult the governing body and the local education authority as to the date which it would be appropriate to specify in the order.
(4) Where, in consequence of an order made under this section, an amount will be payable by a governing body by way of compensation under section 56, the order—
(a) shall specify the amount of the compensation so payable and the date by which it must be paid; and
(b) may impose such conditions in relation to its payment as the Secretary of State thinks fit.
(5) An order under this section may make such provision (including provision modifying any provision made by or under this Act) as the Secretary of State considers appropriate in connection with the transition of the school in question from controlled to aided status.
(6) In particular, an order under this section may make provision—
(a) as to the circumstances in which, and purposes for which, the school is to be treated before the date specified under subsection (1) as if it were an aided school;
(b) as to the time by which the new instrument of government and articles of government (appropriate for an aided school) are to be made for the school, and the consent and consultation required before they are made;
(c) where the local education authority propose to pass a resolution under section 89 to group the school when it becomes an aided school, as to the consent required before that resolution is passed;
(d) as to the appointment and dismissal of staff for the school;
(e) as to the arrangements to be made in relation to the admission of pupils to the school; and
(f) as to functions exercisable by, or in relation to, the governing body or the governors of any category specified in the order.
(1) Where the Secretary of State has made an order under section 54, he may, on the application of the local education authority or the foundation governors of the school, by order vary the order under that section so as to specify—
(a) a different date from that specified under subsection (1) of that section, or
(b) a different amount from that specified under subsection (4) of that section.
(2) The foundation governors of a school shall consult the other governors before applying to the Secretary of State under this section.
(3) Before making an order under this section the Secretary of State shall consult—
(a) the local education authority, where the application is by the foundation governors, and
(b) the foundation governors, where the application is by the local education authority.
(4) Where foundation governors are consulted by the Secretary of State under subsection (3), they shall, before giving him their views, consult the other governors of the school.
(1) Where a controlled school becomes an aided school by virtue of an order under section 54, the governing body shall pay to the local education authority, in accordance with the order, an amount by way of compensation for relevant capital expenditure incurred in respect of the school by the authority or a predecessor of theirs.
(2) In subsection (1) “relevant capital expenditure” means—
(a) expenditure incurred under section 60 (or under paragraph 1 of Schedule 1 to the [1946 c. 50.] Education Act 1946) in providing buildings which form part of the school premises;
(b) expenditure incurred under section 63 (or under section 2 of the [1953 c. 33.] Education (Miscellaneous Provisions) Act 1953) in defraying expenses of establishing the school; or
(c) expenditure incurred under section 64 (or under section 1 of the Education Act 1946) in defraying expenses of enlarging the school.
(3) The amount payable by way of compensation under this section shall be—
(a) such as may be agreed by the governing body and the local education authority, or
(b) failing such agreement, such as the Secretary of State thinks fit, having regard to the current value of the property in question.
(4) The Secretary of State may, for the purpose of assisting him in any determination which he is required to make under subsection (3), appoint such person as he thinks competent to advise him on the valuation of property.
(5) No contribution, grant or loan shall be paid, or other payment made, by the Secretary of State to the governing body of a controlled school in respect of any compensation payable by them under this section.
(1) If at any time the governing body of an aided school are unable or unwilling to carry out all their obligations under section 59, they shall apply to the Secretary of State for an order revoking—
(a) the order made under section 48, 54 or 58 (or under section 15 of the [1944 c. 31.] Education Act 1944 or section 54 of the [1986 c. 61.] Education (No. 2) Act 1986), or
(b) the direction in an order made under section 51 (or under section 2 of the [1946 c. 50.] Education Act 1946),
by virtue of which the school is an aided school.
(2) If at any time the governing body of a special agreement school are unable or unwilling to carry out all their obligations under section 59, they shall apply to the Secretary of State for an order revoking the order made under section 15 of the Education Act 1944 by virtue of which the school is a special agreement school.
(3) For the purposes of this section the governing body of an aided school or a special agreement school shall not be regarded as unable to carry out any of their obligations under section 59 if they are able to carry them out with the benefit of assistance under section 68 of this Act.
(4) Where an application is made to him under this section, the Secretary of State shall by order revoke the order or direction in question, and the school in question shall thereupon become a controlled school in accordance with section 32(2).
(1) Where the Secretary of State is satisfied that the grant made in respect of a school in pursuance of a special agreement has been repaid as mentioned in paragraph 5 of Schedule 5, he shall, on an application made for the purpose by the school’s governing body, by order revoke the order under section 15 of the Education Act 1944 by virtue of which the school is a special agreement school.
(2) Where the Secretary of State—
(a) makes an order under this section, and
(b) is satisfied that the governing body of the school will be able and willing, with the assistance of grants under section 65, to defray the expenses that would fall to be borne by them by virtue of section 59(2) and (3) as the governing body of an aided school,
he shall by order direct that the school shall be an aided school.
(3) Where in any other case the Secretary of State makes an order under this section, the school in question shall thereupon become a controlled school in accordance with section 32(2).
(1) The governing body of a controlled school are (in accordance with section 34(3)) not responsible for any of the expenses of maintaining the school.
(2) In the case of an aided or special agreement 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 equipment for the purposes of the school are payable by the governing body of the school.
(3) In addition, any expenses incurred—
(a) in making to the school buildings of an aided or special agreement 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, or
(b) in effecting repairs to the school buildings, other than repairs falling within subsection (4),
are payable by the governing body of the school.
(4) The governing body of an aided or special agreement 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.
(5) Where an order is made under section 47 authorising the transfer of an aided or special agreement school to a new site, the expenses of providing any school buildings to be provided on the new site are payable by the governing body of the school.
(1) In the case of a controlled 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,
other than any site or buildings that persons other than the authority are under a duty to provide by virtue of proposals required to be implemented under section 45 (or, where a special agreement is in force in respect of the school, under that agreement).
(2) Where a new site is provided for a school under this section, the local education authority shall convey their interest in the site, and in any buildings on the site which are to form part of the school premises, to the trustees of the school to be held on trust for the purposes of the school.
(3) If any doubt or dispute arises as to the persons to whom the authority are required to make the conveyance, it shall be made to such persons as the Secretary of State thinks proper.
(4) Where—
(a) an interest in premises which are to be used for the purposes of a school is conveyed under this section, and
(b) the conveyance 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 or their successors shall pay to the local education authority so much of that sum as the Secretary of State may determine to be just having regard to the value of the interest conveyed.
(5) In subsection (4)(b) the reference to proceeds of the sale of other premises includes a reference to consideration for the creation or disposition of any kind of interest in other premises.
(6) Any sum paid under subsection (4) 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.
(7) The Secretary of State shall not make a determination under subsection (4) 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) unless he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.
(1) In the case of an aided or special agreement school, the local education authority shall provide any new site—
(a) which is to be provided in addition to or instead of the school’s existing site (or part of its existing site), and
(b) which is not a site that persons other than the authority are under a duty to provide by virtue of proposals required to be implemented under section 45 or under a special agreement.
(2) Where a new site is provided for a school under this section, the local education authority shall convey their interest in the site, and in any buildings on the site which are to form part of the school premises, to the trustees of the school to be held on trust for the purposes of the school.
(3) If any doubt or dispute arises as to the persons to whom the authority are required to make the conveyance, it shall be made to such persons as the Secretary of State thinks proper.
(4) Where—
(a) a new site is provided for a school under this section, 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.
(5) Where—
(a) a new site is provided for a school under this section, 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 section 59 with respect to the school buildings.
(6) Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under subsection (4) or (5) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.
(1) In sections 60(1) and (2) and 61 “site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
(2) Where, after premises have been conveyed to the trustees of a school under section 60 or 61, a person acquires the premises or part of them from the trustees (whether compulsorily or otherwise), the Secretary of State may require the trustees or their successors to pay to the local education authority by whom the premises were conveyed so much of the compensation or purchase money paid in respect of the acquisition as he thinks just having regard—
(a) to the value of the premises conveyed by the authority, and
(b) to any sums received by the authority in respect of the premises under section 60 or 61.
(3) In subsection (2) “premises” includes any interest in premises.
(4) Subsection (2) does not apply in the case of an institution which is, or has at any time been, within the further education sector.
(1) Where—
(a) proposals for the establishment of a school are submitted to the Secretary of State under section 41(1),
(b) no application is made under section 48 for an order directing that the school shall be an aided school, and
(c) the persons submitting the proposals and the local education authority satisfy the Secretary of State that subsection (3) below applies,
the Secretary of State may by order direct that the whole or a specified part of the promoters' expenses of establishment shall be defrayed by the local education authority.
(2) In subsection (1) “the promoters' expenses of establishment” means so much of the cost incurred in establishing the school as would, but for the order, fall to be defrayed by the persons who establish it.
(3) This subsection applies if the establishment of the school is required for the purpose of providing accommodation for pupils for whom, or for a substantial proportion of whom, accommodation would have been provided in some other school—
(a) which is or was a voluntary school, or
(b) which is or was a grant-maintained school, having been a voluntary school immediately before it became grant-maintained,
if that other school had not been discontinued or had not otherwise ceased to be available for the purpose.
(1) Where the Secretary of State—
(a) is satisfied, on an application made to him by the governing body of a controlled school and the local education authority—
(i) that there should be a significant enlargement of the school premises, and
(ii) that subsection (2) or subsection (3) applies, and
(b) approves proposals for the enlargement under section 43,
he may by order direct that the cost of implementing the proposals shall be defrayed by the local education authority.
(2) This subsection applies if the enlargement is wholly or mainly required for the purpose of providing accommodation for pupils for whom accommodation would have been provided in another voluntary school if that other school had not been discontinued or had not otherwise ceased to be available for the purpose.
(3) This subsection applies if the enlargement is desirable for either or both of the following reasons—
(a) for the better provision of primary or secondary education at the premises to be enlarged;
(b) for securing that enough suitable primary or secondary schools are available for the area of the authority.
(1) The Secretary of State may—
(a) in the case of any aided school or special agreement school, or
(b) where proposals have been approved under section 43 for a school or proposed school to be maintained as a voluntary school and the Secretary of State has made an order under section 48 directing that the school is to be an aided school,
make grants to the governing body in respect of qualifying expenditure incurred by them.
(2) In subsection (1) “qualifying expenditure” means expenditure in respect of the provision, alteration or repair of premises or equipment for the school or proposed school.
(3) The amount of any grant paid under this section to the governing body 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 grant under this section 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 section to make grants in respect of expenditure on—
(a) such alterations to school buildings as are referred to in section 59(3)(a), or
(b) the repair of school buildings,
give priority to paying grant 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) A governing body to whom any payment is made in respect of grant under this section 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.
(8) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, 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 section, or
(b) so much of the value of any premises or equipment in respect of which grant was paid under this section as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
Education Act 1996