PART 2 continued
(4) If regulations under section 21 provide for any proposals, other than proposals to which section 22(3) or (5) applies, to be determined by a person other than the adjudicator, the regulations must include provision by virtue of section 21(2)(h) enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the other person—
(a) the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the authority,
(b) the bishop of any diocese of the Roman Catholic Church any part of which is comprised in the area of the authority, and
(c) where the proposals relate to the provision of education for persons aged 14 or over, the Learning and Skills Council for England.
(5) If regulations under section 21 provide for any proposals published by a local education authority in relation to a foundation or voluntary school or a foundation special school to be determined by the local education authority, the regulations must include provision by virtue of subsection (2)(h) of that section enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the authority—
(a) the governing body of the school, and
(b) the trustees of the school.
(6) In this section “proposals” means proposals under section 19.
(1) Regulations may make provision in connection with the implementation of—
(a) proposals under section 19 which have been approved in accordance with regulations under section 21, or
(b) proposals under section 19 in respect of which approval in accordance with those regulations is not required, and which the person making the proposals has determined to implement.
(2) Regulations under this section may, in particular—
(a) enable a prescribed person to determine in prescribed cases that proposals are not to be implemented or are to be implemented with modifications,
(b) enable prescribed matters relating to the implementation of proposals to be referred to the adjudicator in prescribed cases, and
(c) make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.
(3) Regulations under this section relating to an alteration falling within subsection (2)(a), (b) or (c) of section 18 may include 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 or trustees),
(c) the transfer of staff, and
(d) any transitional matters.
(4) Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may, in particular, make provision with respect to—
(a) restricting the disposal by a local authority of land 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 section 19, 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 as is mentioned in paragraph (a) or (b), and
(d) conferring on any prescribed body such functions as may be prescribed with respect to any such contravention.
(5) Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may also make provision with respect to—
(a) the division and apportionment of property, rights and liabilities any part of which fall to be transferred by or under the regulations where the property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or for the purposes of one or more schools and for other purposes,
(b) excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer,
(c) identifying and defining the property, rights and liabilities which fall to be transferred,
(d) requiring prescribed persons to enter into agreements and execute instruments,
(e) the resolution of disputes relating to a transfer,
(f) the construction of agreements,
(g) the position of third parties affected by a transfer,
(h) the production or delivery of documents, or the provision of information, by a prescribed person to another prescribed person, and
(i) enabling a certificate issued by a prescribed person to be conclusive evidence as to whether or not any property, rights or liabilities were transferred by virtue of the regulations.
(6) Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.
(7) Regulations under this section may, in particular, make provision corresponding to that made by, or that which may be made by regulations under, any provision of paragraphs 21 to 31 of Schedule 2 (implementation of proposals for establishment or discontinuance).
(8) A school’s change of category in pursuance of proposals published under section 19 is not to be taken as authorising any change in the religious character of the school, or the acquisition or loss of religious character.
(1) This section applies to any foundation or foundation special school having a foundation if either or both of the following conditions is met.
(2) Condition A is that the school was established (whether or not as a foundation or foundation special school) in pursuance of proposals falling to be implemented under Schedule 2.
(3) Condition B is that the school acquired its foundation in pursuance of proposals falling to be implemented under regulations under section 24.
(4) The governing body of any foundation or foundation special school to which this section applies may at any time publish proposals under this section for either or both of the following alterations to the school—
(a) the removal of the foundation, or
(b) the alteration of the instrument of government in such a way that foundation governors will cease to constitute the majority of governors.
(5) A prescribed proportion of the governors of a foundation or foundation special school to which this section applies may in the prescribed manner require the governing body of the school to publish proposals under this section for either or both of the alterations mentioned in subsection (4).
(6) Subsection (5) does not require the governing body of a foundation or foundation special school to publish proposals under this section—
(a) at any time within a prescribed period beginning with the date on which—
(i) proposals for the establishment of the school were implemented under Schedule 2, or
(ii) proposals for the acquisition of a foundation, for a relevant change in the instrument of government or for a change of category to foundation school or foundation special school were implemented under regulations under section 24, or
(b) at any time within a prescribed period beginning with the date on which previous proposals published under this section in pursuance of a requirement under subsection (5) were rejected by the governing body in accordance with regulations under section 26.
(7) In subsection (6)(a)(ii) “relevant change”, in relation to the instrument of government of a school, is to be read in accordance with section 22(2).
(8) In this section “foundation” means a foundation established otherwise than under SSFA 1998.
(1) Regulations may make provision about the publication and determination of proposals under section 25.
(2) The provision that may be made includes provision—
(a) about the information to be included in, or provided in relation to, the proposals;
(b) about consultation on the proposals;
(c) about the manner in which proposals are to be published under section 25;
(d) for the making of objections to or comments on the proposals;
(e) for the withdrawal of proposals in prescribed cases;
(f) for the consideration of the proposals by the governing body;
(g) enabling the governing body to approve or reject the proposals;
(h) enabling the governing body to reject any proposals published in pursuance of a requirement under section 25(5) (“required proposals”) only by a decision made with the support of a prescribed proportion of the governors;
(i) for the approval of required proposals given in the prescribed manner by a prescribed proportion of the governors to be treated as approval by the governing body;
(j) for the approval of proposals either without modifications or in prescribed cases with modifications of a prescribed kind;
(k) as to the manner in which, and time within which, anything authorised or required by the regulations must be done.
(3) Regulations under this section may in prescribed cases—
(a) require the governing body to ensure that matters relating to—
(i) any transfer which may be required by virtue of subsection (2)(b) of section 27, or
(ii) any payment which might be required by virtue of subsection (4) or (5) of that section,
are agreed or determined before the proposals are published, and
(b) enable or require any such matter to be referred to the adjudicator for determination before the proposals are published.
(4) Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.
(1) Regulations may make provision in connection with the implementation of proposals under section 25 which have been approved in accordance with regulations under section 26.
(2) Regulations under this section may, in particular—
(a) make provision for the revision or replacement of the school’s instrument of government and the reconstitution of its governing body;
(b) make provision for the transfer of property, rights and liabilities;
(c) make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.
(3) Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i).
(4) Where—
(a) any land forming part of the school premises (“the excluded land”) is not transferred to the governing body, and
(b) the governing body, a local education authority or a prescribed person has incurred capital expenditure in relation to the excluded land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the excluded land,
regulations under this section may authorise or require the foundation to pay any part of the value of the excluded land to the governing body, the local education authority or a prescribed person.
(5) Where—
(a) any land forming part of the school premises (“the transferred land”) is transferred to the governing body, and
(b) the foundation has incurred capital expenditure in relation to the transferred land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the transferred land,
regulations under this section may authorise or require the governing body to pay any part of the value of the transferred land to the foundation.
(6) Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.
(7) The implementation of proposals under section 25 is not to be taken as authorising any change in the religious character of the school or the loss of religious character.
(8) In this section “foundation” means a foundation established otherwise than under SSFA 1998.
(1) Except in pursuance of proposals falling to be implemented under this Part or Schedule 7 or 7A to the Learning and Skills Act 2000 (c. 21)—
(a) no maintained school may be established or discontinued;
(b) no prescribed alteration may be made to a maintained school.
(2) In subsection (1)(b) “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.
(3) Subsection (1) has effect subject to—
(a) sections 17(5) and 68(4) (which relate to powers of the Secretary of State to require a maintained school to be discontinued), and
(b) section 30(9) of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school).
(4) Except in pursuance of proposals falling to be implemented under section 27, no alteration falling within section 25(4)(a) or (b) may be made to a foundation or foundation special school.
Section 24 of, and Schedule 4 to, SSFA 1998 (which require local education authorities in England to establish a school organisation committee for their area) cease to have effect.
Schedule 3 contains amendments relating to school organisation.
(1) The Secretary of State may by regulations make such transitional provision as he considers appropriate in connection with the commencement of this Part.
(2) Regulations under this section may, in particular, make provision with respect to—
(a) the determination or implementation of proposals made under the previous enactments,
(b) references made to school organisation committees or adjudicators under the previous enactments.
(3) This section does not limit the powers conferred by section 183.
(4) In this section “the previous enactments” means—
(a) sections 28, 28A, 29, 31 and 35 of, and Schedules 6 and 8 to, SSFA 1998 (establishment, alteration, discontinuance or change of category of schools) so far as applying to England, and
(b) sections 66 and 67 of, and Schedules 10 and 11 to, EA 2005.
(1) In this Part, except where the contrary intention appears—
“adjudicator” is to be read in accordance with section 25(3) of SSFA 1998;
“discontinue”, in relation to a maintained school, is to be read in accordance with section 15(8);
“foundation”, in relation to a foundation or voluntary school, has (subject to sections 25(8) and 27(8)) the meaning given by section 21(3) of SSFA 1998;
“local education authority”, in relation to a school maintained (or proposed to be maintained) by a local education authority, means that authority;
“maintain”, in relation to a maintained school, has the same meaning as in SSFA 1998;
“maintained school” means any of the following schools in England—
a community, foundation or voluntary school,
a community or foundation special school, or
a maintained nursery school;
“prescribed” means prescribed by regulations;
“regulations” means regulations made under this Part by the Secretary of State.
(2) For the purposes of this Part, a foundation or voluntary school has a religious character if it is designated by order under section 69(3) of SSFA 1998 as a school having such a character.