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PART II continued CHAPTER V continued
(3) Subsection (4) applies where the head teacher—
(a) excludes any pupil in circumstances where the pupil would, as a result of the exclusion—
(i) be excluded from the school for a total of more than five school days in any one term, or
(ii) lose an opportunity to take any public examination,
(b) excludes a pupil permanently, or
(c) decides that any exclusion of a pupil should be made permanent.
(4) Where this subsection applies, the head teacher shall (without delay) inform the local education authority and the governing body of the following matters—
(a) the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded), or
(b) his decision that any exclusion of a pupil for a fixed period should be made permanent,
and (in either case) of the reasons for it.
(5) In this section and in sections 66 and 67 “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.
(6) Where regulations under paragraph 4 of Schedule 11 require the governing body of a maintained school to establish a discipline committee, references in this section and sections 66 to 68 to the governing body of such a school shall be construed as references to their discipline committee.
(1) Subsections (2) to (6) apply where the governing body of a maintained school are informed under section 65(4) of any exclusion or decision to which that provision applies.
(2) The governing body shall in any such case—
(a) consider the circumstances in which the pupil was excluded;
(b) consider any representations about the exclusion made to the governing body—
(i) by the relevant person in pursuance of section 65(1)(c) or (2)(b), or
(ii) by the local education authority;
(c) allow each of the following, namely—
(i) the relevant person, and
(ii) an officer of the local education authority nominated by the authority,
to attend a meeting of the governing body and to make oral representations about the exclusion; and
(d) consider any oral representations so made.
(3) In a case where it would be practical for the governing body to give a direction to the head teacher requiring the reinstatement of a pupil, they shall in addition consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated.
(4) If the governing body decide that the pupil should be reinstated, they shall forthwith—
(a) give the appropriate direction to the head teacher, and
(b) inform the relevant person and the local education authority of their decision.
(5) The head teacher shall comply with any direction of the governing body for the reinstatement of a pupil who has been excluded from the school.
(6) If the governing body decide that the pupil should not be reinstated, they shall forthwith—
(a) inform the relevant person, the head teacher and the local education authority of their decision, and
(b) in addition, in the case of a pupil who is permanently excluded, give the relevant person notice in writing referring to that decision and stating the following matters—
(i) the reasons for the decision,
(ii) his right to appeal against the decision,
(iii) the person to whom he should give any notice of appeal,
(iv) that any notice of appeal must contain the grounds of appeal, and
(v) the last date on which an appeal may be made.
(7) Where—
(a) the head teacher of a maintained school excludes a pupil otherwise than as mentioned in section 65(3), and
(b) the governing body receive any representations made in pursuance of section 65(1)(c) or (2)(b) by the relevant person about the exclusion,
they shall consider those representations.
(8) Regulations may provide that, where a governing body of a maintained school are required under this section to take any step, the duty must, subject to such exceptions as may be prescribed, be performed within the prescribed period; but such a provision shall not relieve the governing body of the duty to take any step which has not been taken within that period.
(1) A local education authority shall make arrangements for enabling the relevant person to appeal against any decision of the governing body under section 66 not to reinstate a pupil who has been permanently excluded from a school maintained by the authority.
(2) Schedule 18 has effect in relation to the making and hearing of appeals pursuant to arrangements made under subsection (1); and in subsections (3) and (4) “appeal panel” means an appeal panel constituted in accordance with paragraph 2 of that Schedule.
(3) The decision of an appeal panel on an appeal pursuant to arrangements made under subsection (1) shall be binding on the relevant person, the governing body, the head teacher and the local education authority.
(4) Where on such an appeal the appeal panel determines that the pupil in question should be reinstated, the panel shall either—
(a) direct that he is to be reinstated immediately, or
(b) direct that he is to be reinstated by a date specified in the direction.
(1) This section applies to any functions of—
(a) the head teacher or the governing body of a maintained school,
(b) a local education authority, or
(c) an appeal panel constituted in accordance with paragraph 2 of Schedule 18,
conferred by or under any of sections 64 to 67 and Schedule 18.
(2) In discharging any such function, such a person or body shall have regard to any guidance given from time to time by the Secretary of State.
(1) Subject to section 71, in relation to any community, foundation or voluntary school—
(a) the local education authority and the governing body shall exercise their functions with a view to securing, and
(b) the head teacher shall secure,
that religious education is given in accordance with the provision for such education included in the school’s basic curriculum by virtue of section 352(1)(a) of the [1996 c. 56.] Education Act 1996.
(2) Schedule 19 has effect for determining the provision for religious education which is required by section 352(1)(a) of that Act to be included in the basic curriculum of schools within each of the following categories, namely—
(a) community schools and foundation and voluntary schools which do not have a religious character,
(b) foundation and voluntary controlled schools which have a religious character, and
(c) voluntary aided schools which have a religious character.
(3) For the purposes of this Part a foundation or voluntary school has a religious character if it is designated as a school having such a character by an order made by the Secretary of State.
(4) An order under subsection (3) shall state, in relation to each school designated by the order, the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 (or, as the case may be, each such religion or religious denomination).
(5) The procedure to be followed in connection with—
(a) the designation of a school in an order under subsection (3), and
(b) the inclusion in such an order, in relation to a school, of the statement required by subsection (4),
shall be specified in regulations.
(1) Subject to section 71, each pupil in attendance at a community, foundation or voluntary school shall on each school day take part in an act of collective worship.
(2) Subject to section 71, in relation to any community, foundation or voluntary school—
(a) the local education authority and the governing body shall exercise their functions with a view to securing, and
(b) the head teacher shall secure,
that subsection (1) is complied with.
(3) Schedule 20 makes further provision with respect to the collective worship required by this section, including provision relating to—
(a) the arrangements which are to be made in connection with such worship, and
(b) the nature of such worship.
(1) If the parent of a pupil at a community, foundation or voluntary school requests that he may be wholly or partly excused—
(a) from receiving religious education given in the school in accordance with the school’s basic curriculum,
(b) from attendance at religious worship in the school, or
(c) both from receiving such education and from such attendance,
the pupil shall be so excused until the request is withdrawn.
(2) In subsection (1)—
(a) the reference to religious education given in accordance with the school’s basic curriculum is to such education given in accordance with the provision included in the school’s basic curriculum by virtue of section 352(1)(a) of the [1996 c. 56.] Education Act 1996, and
(b) the reference to religious worship in the school includes religious worship which by virtue of paragraph 2(6) of Schedule 20 takes place otherwise than on the school premises.
(3) Where in accordance with subsection (1) a pupil has been wholly or partly excused from receiving religious education or from attendance at religious worship and the local education authority are satisfied—
(a) that the parent of the pupil desires him to receive religious education of a kind which is not provided in the school during the periods of time during which he is so excused,
(b) that the pupil cannot with reasonable convenience be sent to another community, foundation or voluntary school where religious education of the kind desired by the parent is provided, and
(c) that arrangements have been made for him to receive religious education of that kind during school hours elsewhere,
the pupil may be withdrawn from the school during such periods of time as are reasonably necessary for the purpose of enabling him to receive religious education in accordance with the arrangements.
(4) A pupil may not be withdrawn from school under subsection (3) unless the local education authority are satisfied that the arrangements there mentioned are such as will not interfere with the attendance of the pupil at school on any day except at the beginning or end of a school session (or, if there is only one, the school session) on that day.
(5) Where the parent of a pupil who is a boarder at a community, foundation or voluntary school requests that the pupil be permitted—
(a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or
(b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which his parent belongs,
the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.
(6) Arrangements under subsection (5) may provide for making facilities for such education or worship available on the school premises, but any expenditure entailed by the arrangements shall not be met from the school’s budget share or otherwise by the local education authority.
(7) Regulations shall make provision for securing that, so far as practicable, every pupil attending a community or foundation special school—
(a) receives religious education and attends religious worship, or
(b) is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.
(1) Regulations may make provision for—
(a) the staffing and conduct of a new school in advance of the school opening date;
(b) the determination of matters in connection with a new school in advance of that date;
(c) the taking of decisions by a temporary governing body, or (where power to do so is delegated to him) by the head teacher, as to expenditure in connection with a new school at a time when it does not have a delegated budget;
(d) such other matters relating to new schools as the Secretary of State considers appropriate.
(2) Regulations under subsection (1) may, in connection with any matters falling within that subsection, apply any provision of the Education Acts with or without modification.
(3) In this section “new school” means a school or proposed school—
(a) for which there is a temporary governing body constituted under section 44, or
(b) for which there is no such body but for which such a body—
(i) are required to be so constituted by virtue of subsection (1) of that section, or
(ii) may be so constituted in accordance with such anticipatory arrangements as are mentioned in subsection (5)(a) of that section.
(1) Subsections (5) to (7) below (“the staff transfer provisions”) apply where on the appointed day—
(a) a special agreement school becomes a voluntary aided school, or
(b) a grant-maintained school becomes a community or voluntary controlled school, or
(c) a grant-maintained special school becomes a community special school,
in accordance with Schedule 2.
(2) Subject to subsection (3), the staff transfer provisions apply in the circumstances mentioned in subsection (1) to any person who immediately before the appointed day—
(a) is employed by the local education authority to work solely at an existing school within subsection (1)(a), or
(b) is employed by the local education authority to work at such an existing school and is designated for the purposes of this subsection by an order made by the Secretary of State, or
(c) is employed by the governing body of an existing school within subsection (1)(b) or (c).
(3) The staff transfer provisions do not apply—
(a) to any person employed as mentioned in subsection (2) whose contract of employment terminates on the day immediately preceding the appointed day; or
(b) to any person employed as mentioned in subsection (2)(a) or (b) who before that day—
(i) has been appointed or assigned by the local education authority to work solely at another school as from that day, or
(ii) has been withdrawn from work at the school with effect from that day.
(4) A person who before the appointed day has been appointed or assigned by—
(a) the local education authority, or
(b) the governing body of an existing school within subsection (1)(b) or (c),
to work at a school, or (as the case may be) at the existing school, as from that day shall be treated for the purposes of this section as if he had been employed by the authority or governing body immediately before that day to do such work at the school as he would have been required to do on or after that day under his contract of employment with the authority or that body.
(5) The contract of employment between a person to whom the staff transfer provisions apply and his former employer shall have effect from the appointed day as if originally made between him and his new employer.
(6) Without prejudice to subsection (5)—
(a) all the former employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred to the new employer on the appointed day, and
(b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the new employer.
(7) Subsections (5) and (6) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.
(8) In this section—
“existing school” means a school which becomes a school of a different category on the appointed day as mentioned in subsection (1), and “new school” means the school of a different category which an existing school then becomes;
“the former employer” and “the new employer”—
where the staff transfer provisions apply by virtue of subsection (2)(a) or (b), means the local education authority and the governing body of the new school respectively, and
where the staff transfer provisions apply by virtue of subsection (2)(c), means the governing body of the existing school and the local education authority respectively;
and references to a special agreement, grant-maintained or grant-maintained special school are references to such a school within the meaning of the [1996 c. 56.] Education Act 1996.
(9) A person employed by a local education authority in connection with the provision of meals shall not be regarded for the purposes of subsection (2)(a) as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school.
(10) An order under this section may designate a person either individually or as a member of a class or description of employees.
Schedule 21 (which makes provision for transfers of land and certain rights and liabilities on the appointed day in respect of schools which become community, foundation, voluntary or community special schools on that day) shall have effect.
(1) Where a building is to be provided for a foundation or voluntary school and the building—
(a) is to form part of the school premises, and
(b) is to be constructed partly on land held by the governing body and partly on land held on trust for the purposes of the school by persons other than the governing body,
the governing body shall transfer to those persons the land held by the governing body on which the building is to be constructed.
(2) Paragraph 1 of Schedule 22 does not apply to any transfer required by subsection (1).
Schedule 22 (which makes provision as to the disposal of land held for the purposes of foundation, voluntary or foundation special schools and as to the property of maintained schools on their discontinuance) shall have effect.
(1) Except with the consent of the Secretary of State, a body to whom this subsection applies shall not dispose of any playing fields—
(a) which are, immediately before the date of the disposal, used by a maintained school for the purposes of the school, or
(b) which are not then so used but have been so used at any time within the period of 10 years ending with that date.
(2) Subsection (1) applies—
(a) to a local authority; and
(b) in any case where the consent of the Secretary of State is not required to any such disposal by virtue of either of paragraphs 1 and 2 of Schedule 22—
(i) to the governing body of a maintained school, and
(ii) to a foundation body.
(3) Except with the consent of the Secretary of State, a local authority shall not take any action (other than the making of a disposal falling within subsection (1)) which is intended or likely to result in a change of use of any playing fields—
(a) which are, immediately before the date when the action is taken, used by a maintained school for the purposes of the school, or
(b) which are not then so used but have been so used at any time within the period of 10 years ending with that date,
whereby the playing fields will be used for purposes which do not consist of or include their use as playing fields by such a school for the purposes of the school.
(4) Subsection (3) does not, however, apply where the land in question will, on a change of use falling within that subsection, become used in connection with the provision by a local authority of educational facilities for a maintained school or any recreational facilities.
(5) For the purposes of this section the Secretary of State’s consent may be given in relation to a particular disposal or change of use or generally in relation to disposals or changes of use of a particular description, and in either case may be given subject to conditions.
(6) This section has effect despite anything in section 123 or 127 of the [1972 c. 70.] Local Government Act 1972 (general power to dispose of land) or in any other enactment; and any consent which a local authority are required to obtain by virtue of this section shall be in addition to any consent required by virtue of either of those sections.
(7) In this section—
“local authority” includes a parish council;
“playing fields” means land in the open air which is provided for the purposes of physical education or recreation, other than any prescribed description of such land.
(8) For the purposes of this section any reference to a maintained school includes, in relation to any time falling before the appointed day, a reference to the school as—
(a) a county, voluntary or maintained special school, or
(b) a grant-maintained or grant-maintained special school,
within the meaning of the [1996 c. 56.] Education Act 1996.
(9) Nothing in this section applies in relation to Wales.
For the purposes of Part III of the [1988 c. 41.] Local Government Finance Act 1988 (non-domestic rating) the occupier of any hereditament so far as consisting of the premises of a maintained school shall be taken to be—
(a) the local education authority, where it is a community, voluntary controlled or community special school; or
(b) the governing body, where it is a foundation, voluntary aided or foundation special school.
(1) Subject to subsection (2), stamp duty shall not be chargeable in respect of any transfer to a local authority under any of the following provisions, namely—
(a) paragraph 4 or 7 of Schedule 21 or any corresponding provision of regulations under paragraph 10 of Schedule 2,
(b) paragraph 4(2), 5(4), 6(2)(b), 7(2) or 8(2)(b) of Schedule 22, or
(c) any regulations under paragraph 5 of Schedule 8.
(2) No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsection (1) shall be treated as duly stamped unless—
(a) it is stamped with the duty to which it would be liable but for that subsection, or
(b) it has, in accordance with section 12 of the [1891 c. 39.] Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
(3) In subsection (1) any reference to a transfer under any provision or regulations mentioned in that subsection shall be read as a reference to a transfer under that provision or those regulations taken with section 198 of, and Schedule 10 to, the [1988 c. 40.] Education Reform Act 1988 if those provisions of that Act apply to the transfer by virtue of any provision of this Act or that Act.
(1) The governing body of any maintained school shall be responsible for determining whether or not to provide—
(a) part-time education suitable to the requirements of persons of any age over compulsory school age; or
(b) full-time education suitable to the requirements of persons who have attained the age of 19;
but the governing body of a community or foundation special school shall not determine to provide, or to cease to provide, such education without the consent of the local education authority.
(2) It shall be the duty of the governing body of any such school which provides such education to secure that, except in such circumstances as may be prescribed, such education is not provided at any time in a room where pupils are at that time being taught.
(3) This section shall not apply to part-time education provided under a partnership arrangement to which section 60A of the [1992 c. 13.] Further and Higher Education Act 1992 (as inserted by section 125(4) of this Act) applies.
(1) The Secretary of State may by order make such modifications in any enactment relating to employment, and in particular in any enactment—
(a) conferring powers or imposing duties on employers,
(b) conferring rights on employees, or
(c) otherwise regulating the relations between employers and employees,
as he considers necessary or expedient in consequence of the operation of sections 54 and 57(1) to (3), Schedule 16 and paragraph 27 of Schedule 17.
(2) Before making any order under this section the Secretary of State shall consult—
(a) such associations of local authorities,
(b) such bodies representing the interests of governors of foundation or voluntary schools, and
(c) such organisations representing staff in maintained schools,
as appear to him to be concerned.
(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to—
(a) a school which is or is to become a foundation, voluntary or foundation special school, or
(b) property held on trust for the purposes of such a school,
as appear to him to be necessary or expedient in connection with the operation of any provision of this Act or anything done under or for the purposes of any such provision.
(2) Before making an order under this section the Secretary of State shall consult—
(a) the governing body of the school in question;
(b) any trustees holding property on trust for the purposes of the school;
(c) in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority; and
(d) such other persons as he considers appropriate.
(3) Any modification made by an order under this section may be made so as to have permanent effect or to have effect for such period as is specified in the order.
(1) Where any provision of a trust deed or other instrument made before 1st July 1981 would, apart from this subsection, have the effect that the persons who are for the time being governors of a foundation or voluntary school were by virtue of their office trustees of any property held for the purposes of, or in connection with, the school, that provision shall instead have effect as if the only governors of the school were—
(a) the foundation governors,
(b) those appointed by the local education authority, and
(c) any co-opted governor nominated by a minor authority.
(2) Subsection (1) is without prejudice to any power to amend any such provision as is mentioned in that subsection.
School Standards and Framework Act 1998