PART II continued CHAPTER X continued
(1) For the purposes of sections 138(9) and 139(2) of this Act, “the appropriate agreed syllabus”, in relation to a grant-maintained school or to any pupils at it, is—
(a) the agreed syllabus adopted or deemed to be adopted for the time being by the local education authority for the area in which the school is situated for use in the schools maintained by the authority,
(b) if there is more than one such syllabus, whichever of them the governing body shall determine, or
(c) if the governing body select for the school or those pupils an agreed syllabus which was adopted or deemed to be adopted by a local education authority, other than the authority in whose area the school is, on or after 29th September 1988 and which has not been replaced by a new agreed syllabus, that syllabus.
(2) In relation to a school in Wales, in subsection (1)(c) above “local education authority” means a local education authority in Wales.
(1) Subject to section 145 of this Act, subsections (2) to (4) below apply in relation to a grant-maintained school if—
(a) it was a county school immediately before it became grant-maintained,
(b) it was established in pursuance of proposals published under section 48 of this Act, or
(c) it was established in pursuance of proposals published under section 49 of this Act and neither any trust deed relating to the school nor the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.
(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—
(a) for being a teacher at the school, or
(b) for being employed (otherwise than as a teacher) for the purposes of the school.
(3) No teacher at the school shall be required to give religious education.
(4) No teacher at the school shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—
(a) by reason of the fact that he does or does not give religious education, or
(b) by reason of his religious opinions or of his attending or omitting to attend religious worship.
(1) Subject to section 145 of this Act, subsections (2) and (3) below apply in relation to a grant-maintained school if—
(a) it was a voluntary school immediately before it became grant-maintained, or
(b) it was established in pursuance of proposals published under section 49 of this Act and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.
(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, for being employed (otherwise than as a teacher) for the purposes of the school.
(3) No teacher at the school shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—
(a) by reason of the fact that he gives religious education, or
(b) by reason of his religious opinions or of his attending religious worship.
(4) Without prejudice to subsections (2) and (3) above, in the case of a school which was a voluntary school immediately before it became grant-maintained, any of the provisions of section 30 of the [1944 c. 31.] Education Act 1944 (saving as to position of teachers) which, immediately before the school became grant-maintained, applied in relation to a teacher in the school shall continue to apply in relation to him until he ceases to be employed as a teacher in the school.
(1) Where, in the case of a school in relation to which section 143(2) to (4) of this Act for the time being applies, proposals that the required provision for religious education should be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of this Act—
(a) section 144(2) and (3) of this Act shall apply in relation to the school from the time at which the proposals fall to be implemented, and
(b) subject to subsection (2) below, section 143(2) to (4) of this Act shall cease to apply in relation to the school from that time.
(2) Without prejudice to section 144(2) and (3) of this Act, section 143(2) to (4) of this Act shall continue to apply in relation to any teacher who was employed at the school immediately before the proposals referred to in subsection (1) above fell to be implemented until he ceases to be employed as a teacher at the school.
(3) Where, in the case of any grant-maintained school, proposals that the required provision for religious education should be provision for religious education otherwise than in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of this Act—
(a) section 143(2) to (4) of this Act shall apply in relation to the school from the time at which the proposals fall to be implemented, and
(b) section 144(2) and (3) of this Act shall cease to apply in relation to the school from that time.
(4) In this section, “the required provision for religious education”, in relation to a school, means the provision for religious education for pupils at the school which is required by section 2(1)(a) of the [1988 c. 40.] Education Reform Act 1988 to be included in the school’s basic curriculum.
Where any agreed syllabus for the time being adopted by a local education authority which is in use at a grant-maintained school within the area of the authority (or for any pupils at such a school) falls to be reconsidered under the Fifth Schedule to the [1944 c. 31.] Education Act 1944 (procedure for preparing and bringing into operation agreed syllabus for religious instruction), the conference convened under that Schedule to reconsider the syllabus shall consult the governing body of the grant-maintained school before making any recommendation.
(1) For section 11(3)(b) of the [1988 c. 40.] Education Reform Act 1988 (standing advisory councils on religious education) there is substituted—
“(b) a person appointed by the governing bodies of the grant-maintained schools within the area of the authority to which section 138 or 139 of the Education Act 1993 applies.”
(2) At the end of section 11 of the [1988 c. 40.] Education Reform Act 1988 there is added—
“(11) The council shall send to the head teacher of any grant-maintained school to which section 138 of the Education Act 1993 applies and which is in the area of the authority a copy of advice which they give to the authority upon matters connected with religious worship.
(12) The council shall send a copy of advice which they give to the authority on the religious education to be given in accordance with an agreed syllabus to the head teacher of any grant-maintained school which is in the area of the authority and which—
(a) is required, by virtue of section 138 or 140 of the Education Act 1993 (religious education in certain grant-maintained schools), to provide religious education in accordance with an agreed syllabus, or
(b) was a controlled school immediately before it became grant-maintained.”
In section 12 of the [1988 c. 40.] Education Reform Act 1988 (determination by advisory councils of the cases in which the requirement for Christian collective worship is not to apply)—
(a) in subsection (1)—
(i) for “the head teacher of any county school” there is substituted—
“(a) the head teacher of any county school; or
(b) the head teacher of any grant-maintained school to which section 138 of the Education Act 1993 applies and which is in the area of the local education authority which constituted the council”, and
(ii) after “this Act” there is inserted “or, as the case may be, section 138(2) of the Education Act 1993”,
(b) in subsection (4) after “section 7” there is inserted “of this Act or, as the case may be, section 138 of the Education Act 1993”,
(c) in subsection (9) after “county school” there is inserted “or of any grant-maintained school to which subsection (1) above applies”, and
(d) after subsection (10) there is inserted—
“(11) Where an application is made under subsection (1)(a) above in respect of a school which becomes a grant-maintained school before the application is determined, it shall, unless withdrawn by the head teacher, continue to be considered as if made under subsection (1)(b) above.”
(1) The governing body of a grant-maintained school shall not fix as the number of pupils in any relevant age group it is intended to admit to the school in any school year a number which is less than the approved admission number for that age group.
(2) Subject to subsections (3) and (4) below and sections 150 and 151 of this Act, the approved admission number for any relevant age group is the number specified in the proposals published under section 32, 48 or 49 of this Act (as the case may be) as the number of pupils intended to be admitted to the school in that age group in the first school year beginning on or after the date of implementation of the proposals.
(3) Where proposals for a significant change in the character, or significant enlargement of the premises, of a grant-maintained school or for the transfer of such a school to a new site have been approved or adopted under section 98 of this Act, the approved admission number for any relevant age group for any school year for which the proposals have been wholly or partly implemented is—
(a) the number specified in the proposals as the number of pupils proposed to be admitted to the school in that age group in the first school year in relation to which the proposals have been fully implemented, or
(b) if for any school year for which the proposals have been partly implemented the Secretary of State directs the substitution of a different number, that number.
(4) The approved admission number in relation to any relevant age group may be varied in the case of any such school with the approval of the Secretary of State.
(5) For the purposes of this section and sections 150 and 151 of this Act admission to any school for nursery education shall be disregarded.
(1) This section applies in relation to any grant-maintained school unless the funding authority have the function under section 151 of this Act in relation to that school.
(2) The Secretary of State may by order increase the approved admission number for any relevant age group to such number as may be specified in the order for any school year specified in the order beginning after the date of the order.
(3) No direction may be given under subsection (2) above which would have the effect of requiring such an increase in the number of pupils to be admitted to the school as would—
(a) constitute a significant change in the character of the school, or
(b) involve any alteration of the premises of the school.
(1) If an order under section 12(1) of this Act applies to the area of a local education authority, the funding authority may give a direction under subsection (2) below to the governing body of a grant-maintained school in the area.
(2) A direction under this subsection—
(a) may increase the approved admission number for any relevant age group to such number as may be specified in the direction for any school year specified in the direction beginning after the date of the direction, and
(b) if any alteration would be required to the premises of the school in consequence of any increase in any approved admission number made by the direction, shall give particulars of the alteration.
(3) No direction may be given under subsection (2) above which would have the effect of requiring such an increase in the number of pupils to be admitted to the school as would constitute a significant change in the character of the school or involve a significant enlargement of the premises of the school.
(4) Before deciding to give a direction under subsection (2) above the funding authority shall consult the governing body about the proposed content of the direction.
(5) Before giving a direction under subsection (2) above the funding authority shall serve a draft of the proposed direction on the governing body.
(6) A governing body on which a draft is served under subsection (5) above may, within the period of fifteen days beginning with the day on which it was served, refer the matter to the Secretary of State and, if they do so, shall inform the funding authority.
(7) On a reference under subsection (6) above the Secretary of State may—
(a) require the funding authority not to give any direction in terms of the draft, or
(b) authorise the funding authority to give a direction in such terms, or those terms as required to be modified by the Secretary of State,
and any direction given by the funding authority shall be in the terms authorised under paragraph (b) above.
(8) Where the funding authority give a direction under this section—
(a) if any particulars are specified in pursuance of subsection (2)(b) above, the governing body shall secure the alteration of the school premises in accordance with the particulars, and
(b) the funding authority shall make a grant to them of an amount equal to the reasonable expenses incurred or to be incurred in doing so.
Any notification to the governing body of a school for the purposes of any provision of this Part of this Act may be given, and withdrawn, in such manner as the governing body may require.
(1) The governing body of a grant-maintained school shall publish, at such times and in such manner as may be required by regulations made by the Secretary of State, such information in respect of the school as may be so required.
(2) The governing body shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of his functions in relation to education.
(3) The governing body shall make such reports and returns, and give such information, to the funding authority as they may require for the purpose of the exercise of their functions.
(4) The governing body shall make such reports and returns, and give such information, to any local education authority by whom any functions are exercisable—
(a) in relation to the school, or
(b) in relation to registered pupils at the school,
as the authority may require for the purpose of the exercise of those functions.
(5) The governing body shall make such reports and returns, and give such information, in relation to registered pupils at the school aged five or under as any local education authority may require for the purpose of exercising their functions under section 19(1)(a) of the [1989 c. 41.] Children Act 1989 (review of provision for day care).
(1) The accounts of the governing body of any grant-maintained school shall be open to the inspection of the Comptroller and Auditor General.
(2) The Comptroller and Auditor General shall, in each session of Parliament, report to the House of Commons—
(a) whether he has carried out under section 6 of the [1983 c. 44.] National Audit Act 1983 any examinations in respect of grant-maintained schools, and if he has,
(b) the results of such examinations.
(3) The first report under subsection (2) above shall cover a period beginning with the commencement of this section and each subsequent report shall cover a period beginning at the end of the period covered by the preceding report.
(4) In determining whether to carry out any examination under that section in respect of grant-maintained schools and, if he determines to do so, the nature of the examination, the Comptroller and Auditor General shall have regard to any relevant published report of any study promoted or undertaken by the Audit Commission for Local Authorities and the National Health Service in England and Wales under section 220 of the [1988 c. 40.] Education Reform Act 1988.
(1) In this Part of this Act—
“premises” includes any interest in or easement, right or charge in, to or over premises,
“reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age, and
“registered”, in relation to parents or pupils, or their names or addresses, means shown in the register kept under section 80 of the [1944 c. 31.] Education Act 1944.
(2) The following provisions apply for the purposes of this Part of this Act.
(3) References to the character of a school are to the kind of school it is determined by any matter relating to—
(a) the provision of education at the school, or
(b) the arrangements for admission of pupils to the school,
the alteration of which would amount to a change in the character of the school.
(4) References to a relevant age group are to an age group in which pupils are or will normally be admitted to the school in question.
(5) Children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class.
(6) The transfer to a reception class of pupils who have been admitted to a school for nursery education shall be treated as admission to the school.
(7) References, in relation to proposals under this Part of this Act, to the date of publication of the proposals are—
(a) to the date on which the requirements of this Part of this Act, or of regulations made by virtue of this Part of this Act, with respect to the publication of the proposals (or of any notice relating to the proposals) are satisfied, or
(b) where different requirements are satisfied on different dates, to the last of those dates,
and references to the time at which such proposals are published shall be construed accordingly.
(8) References in section 38 of this Act to liabilities incurred by a local authority shall not be read as including liabilities of such an authority to make payments to or in respect of any person in pursuance of any duty imposed on the authority under any statutory provision.
(9) A person employed by a local education authority is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school.
(10) Subject to section 39(2) of this Act, a person employed by such an authority is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.
(11) Nothing in this Part of this Act or in any order made under it relating to the trusts subject to which any land or other property or rights transferred under this Part are to be held by the transferee shall be taken as prejudicing any modification of those trusts after that transfer under any provision of this Part or otherwise.