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Section 14(4).

SCHEDULE 3 Arrangements in Respect of Ballot of Parents Regarding Acquisition of Self-Governing Status

1 The school board shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed (in this Schedule referred to as “the prescribed body”).

2 The arrangements, and the exercise by the school board of any functions in relation to the ballot, shall accord with such guidance as the Secretary of State may from time to time publish for the purposes of this Schedule.

3 The ballot shall be a secret postal ballot of all parents of pupils for the time being in attendance at the school and any question as to whether a person is such a parent shall be determined by the school board; but on being requested to do so by the school board the education authority shall, for the purposes of the ballot, provide the board with a copy of the current list maintained by the authority, in respect of the school, under paragraph 6 of Schedule 1 to the 1988 Act (list of names of parents of pupils in attendance).

4 It shall be the duty of the school board to secure that the prescribed body take such steps as are reasonably practicable to ensure that each person who is eligible to vote in the ballot is—

(a) without prejudice to sub-paragraph (b) below, given such information about the consequence for the school of acquisition of self-governing status as may reasonably be expected to enable him to form a proper judgment as to whether such status should be sought for the school;

(b) given such information, including (without prejudice to the generality of this sub-paragraph) information—

(i) about the ballot and about the procedure for the acquisition of self-governing status; and

(ii) in the case of a ballot held by virtue of section 15 of this Act, an explanation (which in the case of a ballot required by a notice under subsection (1) of that section shall repeat the reasons given in the notice by the Secretary of State for declaring the earlier ballot void) as to why a fresh ballot is to be held,

as may be prescribed;

(c) informed that he is entitled to vote in the ballot; and

(d) given an opportunity to do so by being provided timeously with a ballot paper which sets out the question as to whether such status should be sought for the school and invites him to vote “yes” or “no” to that question.

5 Before the ballot the school board shall make available, for inspection (at all reasonable times and free of charge), to every person employed to work at the school a document containing the information given under paragraph 4(a) and (b) above.

6 Subject to section 14 of this Act, and to the foregoing provisions of this Schedule, the arrangements shall be such as the school board think fit.

Section 19(3).

SCHEDULE 4 Interim Board of Management

1 (1) An interim board of management of a self-governing school shall be constituted, under section 19(2) of this Act, in accordance with the following provisions of this paragraph.

(2) The members of the school board who are—

(a) parent members shall become parent members of the interim board of management;

(b) staff members shall become staff members of the interim board of management;

(c) co-opted members shall become members of the interim board of management, being deemed appointed members thereof.

2 A person who is a member of a board of management by virtue of paragraph 1 above shall hold office until the interim board of management is succeeded by the first board of management to which members are elected, regardless of whether any period which, but for the operation of section 19(4) of this Act, would have remained of his term of office as a member of the school board, expires before the date of the relevant election.

3 An interim board of management shall cease to exist on the fulfilment of their duty under section 3(3) of this Act and shall thereupon be succeeded as board of management by the parent members and staff members to whose election that duty related, together with the person who is for the time being the head teacher of the school.

Section 20.

SCHEDULE 5 Transition of Eligible Schools to Self-Governing Status

1 Where under section 19(1)(b) of this Act the Secretary of State approves proposals for acquisition of self-governing status in respect of any school he may, by an order or orders made at any time on or after such approval and before the incorporation date in relation to the school, make such provision as he considers appropriate in connection with the school’s transition to self-governing status and the impending transfer of responsibility for the conduct of the school to the board of management.

2 The provision that may be made by an order under paragraph 1 above includes in particular provision—

(a) for the exercise by the school board in relation to the school, in such circumstances and in such manner and subject to such conditions as may be specified in the order, of any power so specified corresponding to any of the powers that would by virtue of section 7 of this Act be exercisable by the board of management of the school on that board’s incorporation, including in particular power—

(i) to appoint members of staff to take up employment on or after the incorporation date;

(ii) to enter into contracts for the purpose of, or in connection with, the conduct of the school on or after that date; and

(iii) to determine the arrangements for admission of pupils to the school that are to apply in the first school year beginning on or after that date;

(b) excluding or modifying any powers of the education authority in relation to any matter to which any power exercisable by the school board in accordance with any provision made by virtue of sub-paragraph (a) above applies;

(c) for—

(i) requiring the school board to be consulted before the education authority exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified; or

(ii) requiring or enabling the school board to participate in the exercise in relation to the school of any such function or in the taking in relation to the school of any such action,

in such circumstances and in such manner as may be so specified;

(d) with respect to the proceedings of the school board and the authentication of their actions (including the making or issue of any instrument by them or on their behalf); and

(e) that without prejudice to the generality of section 10(1)(a) of the 1988 Act (information and reports) and even in so far as that section might not otherwise compel compliance, the education authority shall provide the school board with such information as the board may reasonably request under that section in respect of—

(i) the administration of the school;

(ii) the fabric of the school;

(iii) the staff employed at the school;

(iv) the pupils in attendance at the school; and

(v) other children and young persons who would be expected to be pupils in attendance at the school within two years after the incorporation date and of whose existence the authority are aware.

3 (1) The Secretary of State may make grants to the school board in respect of expenditure incurred or to be incurred by them in pursuance of any provision made by an order under paragraph 1 above.

(2) The Secretary of State may impose on a school board to whom any such payment is made such requirements as he may from time to time determine (whether before, at or after the time when the payment in question is made).

4 The duty of an education authority to maintain a school in respect of which proposals for acquisition of self-governing status have been approved shall not apply in relation to any expenses incurred by the school board by virtue of this Schedule.

5 At any time on or after the date on which he approves any such proposals the Secretary of State may consult the school board with respect to the provisions he proposes to include in the scheme of government for the school.

6 On and after the incorporation date in relation to a school any appointment made, contract entered into or other thing done by the school board in pursuance of any provision made by an order under paragraph 1 above, so far as subsisting or in force immediately before that date, shall be treated as having been made, entered into or done by the board of management.