Office of Public Sector Information
(1) In section 12 of the [1980 c. 20.] Education Act 1980 (establishment and alteration of county schools) in subsection (1), after “county school” in paragraph (d) there is inserted “or to transfer a county school to a new site in the area” and, after that subsection, there is inserted—
“(1A) Before publishing the proposals the local education authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the authority shall have regard to any guidance given from time to time by the Secretary of State.
(1B) The Secretary of State shall publish any guidance given by him for the purposes of subsection (1A) above in such manner as he thinks fit.”
(2) In subsection (3) of that section—
(a) “voluntary” is omitted, and
(b) after “affected by the proposals” there is inserted “by the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies)”.
(3) Where—
(a) an order under section 12 of this Act applies to the area of a local education authority, and
(b) the authority publish proposals under section 12 of that Act which affect the provision of relevant education in the area,
the funding authority shall be included among the persons who may submit objections to the proposals.
(1) In section 13 of the [1980 c. 20.] Education Act 1980 (establishment and alteration of voluntary schools) in subsection (1), after “the school” in paragraph (b) there is inserted “or to transfer the school to a new site” and, after subsection (1A), there is inserted—
“(1B) Before publishing any proposals under this section, the persons concerned shall—
(a) in the case of proposals under subsection (1)(a) above, consult the local education authority, and
(b) in the case of proposals under subsection (1)(a) or (b) above, consult such other persons as appear to them to be appropriate;
and in discharging their duty under this subsection, they shall have regard to any guidance given from time to time by the Secretary of State.
(1C) The Secretary of State shall publish any guidance given by him for the purposes of subsection (1B) above in such manner as he thinks fit.”
(2) In subsection (3) of that section—
(a) “voluntary” is omitted, and
(b) after “affected by the proposals” there is inserted “by the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies)”.
(3) After subsection (3) of that section there is inserted—
“(3A) Where the proposals are to transfer a school to a site in a different area, objections under subsection (3) above to the proposals may also be made by any ten or more local government electors for that area.”
(4) In subsection (6) of that section, after “below” there is inserted—
“(a) in the case of any proposals approved by the Secretary of State to transfer a controlled school to a new site, it shall be the duty of the local education authority to implement the proposals (and any associated proposals for a change in the character of the school) so far as they involve the provision of premises or the removal or provision of equipment, and
(b) in any other case”.
(5) At the end of that section there is added—
“(8) Where proposals under this section for the transfer of a school to a site in a different area are approved—
(a) in the case of any voluntary school—
(i) the references in subsection (6) above to the local education authority are to the authority for the new area, and
(ii) upon the transfer the duty to maintain the school shall transfer to that authority, and
(b) in the case of any controlled school, the First Schedule to the Education Act 1946 (provision of premises by maintaining authority) shall apply as if the duty to maintain the school had been transferred to the local education authority for the new area.”
(6) Where—
(a) an order under section 12 of this Act applies to the area of a local education authority, and
(b) any persons publish proposals under section 13 of that Act which affect the provision of relevant education in the area,
the funding authority shall be included among the persons who may submit objections to the proposals.
(1) No person may—
(a) publish proposals under section 48 or 49 of this Act for the establishment of any nursery school, or
(b) publish proposals under section 96 or 97 of this Act, or give notice of proposals under section 183(3) or (4) of this Act, for a school to become a nursery school.
(2) Subject to subsection (1) above, proposals under sections 48, 49, 96, 97 or 183(3) or (4) of this Act may, in particular, be made for the purpose of securing the provision of education for junior pupils who have not attained the age of five years.
(1) Where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools in the area of any local education authority is excessive, then, for the purpose of remedying the excess—
(a) he may by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and
(b) in the case of any voluntary school in the area, he may by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school.
(2) Where the Secretary of State is of the opinion that the provision for primary or secondary education in grant-maintained schools in the area of any local education authority is excessive and an order under section 12(1) of this Act applies to the area, he may by an order under this subsection direct the funding authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools for the purpose of remedying the excess.
(3) An order under subsection (1) or (2) above shall—
(a) require the proposals to be published or, as the case may be, notice of the proposals to be served not later than such date as may be specified in the order, and
(b) require the proposals to apply such principles in giving effect to the direction as may be specified in the order.
(4) An order under subsection (1)(a) or (2) above may not require the proposals to relate to any named school.
(1) The powers conferred by subsection (2) below are exercisable where—
(a) an order under section 12(1)(b) of this Act applies to the area of a local education authority, and
(b) the Secretary of State is of the opinion that the schools providing relevant education which are available for the area are not sufficient for the purposes of section 8 of the [1944 c. 31.] Education Act 1944 and that additional provision for relevant education should be made in maintained schools in the area.
(2) The Secretary of State may—
(a) by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and
(b) in the case of any voluntary school in the area, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,
in the case of any such order with a view to securing that provision is made for such additional number of pupils in the area as may be specified in the order.
(3) An order under subsection (2) above shall—
(a) require the proposals to be published or, as the case may be, notice of the proposals to be served not later than such date as may be specified in the order, and
(b) require the proposals to apply such principles in giving effect to the direction as may be specified in the order.
(4) An order under subsection (2)(a) above may not require the proposals to relate to any named school.
(5) Paragraph 7 of Schedule 2 to this Act does not apply in relation to the implementation of any proposals under section 12 of the [1980 c. 20.] Education Act 1980 where the Secretary of State has made an order under subsection (2) above.
(1) Where—
(a) the Secretary of State has in relation to the area of any local education authority made an order under section 232(1) or (2) of this Act directing the local education authority, the funding authority or the governing body of a voluntary school to make proposals for the establishment, alteration or discontinuance of schools or, as the case may be, for the alteration of their school, and
(b) the time allowed under the order, and under any other order under that section relating to that area, for the publication of the proposals or, as the case may be, the service of notice of the proposals has expired,
he may make in such manner as may be prescribed any such proposals as might have been made in accordance with the order or orders relating to that area by the person or persons to whom the directions were given.
(2) Proposals made under this section shall—
(a) include particulars of the proposed time or times of implementation of the proposals, and
(b) except where they are proposals to cease to maintain or discontinue any school or relate to a special school—
(i) include particulars of the number of pupils proposed to be admitted to the school to which the proposals relate in each relevant age group in the first school year in relation to which the proposals have been wholly implemented, and
(ii) if, in the case of a grant-maintained school, pupils are proposed to be admitted for nursery education, give the prescribed information.
(3) For the purposes of subsection (2)(b) above admission to a maintained school for nursery education shall be disregarded; and section 155(4) to (6) of this Act applies for the purposes of that subsection as it applies for the purposes of Part II of this Act.
(4) Proposals made under this section shall be accompanied by a statement which—
(a) describes any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs, and
(b) explains the effect of subsection (5) below.
(5) Within the period of one month beginning with the date on which the proposals are made, objections to the proposals may be made by any of the following—
(a) if the proposals affect the provision of education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies, the appropriate further education funding council,
(b) any ten or more local government electors for the area,
(c) the governing body of any school affected by the proposals and, in the case of a voluntary school, the person or persons who are named in the school’s instrument of government as being entitled to appoint foundation governors (within the meaning of the [1944 c. 31.] Education Act 1944), and
(d) any local education authority concerned.
(6) Where—
(a) an order under section 12 of this Act applies to the area of a local education authority, and
(b) the Secretary of State makes proposals under this section which affect the provision of relevant education in the area,
the funding authority shall be included among the persons who may submit objections to the proposals.
(7) The reference in subsection (5) above to the date on which the proposals are made is to the date on which the prescribed requirements in respect of the proposals are satisfied.
(1) This section applies where in relation to the area of any local education authority the Secretary of State has made proposals under section 234 of this Act, otherwise than in pursuance of section 236(1) of this Act, which he has not withdrawn.
(2) If objections have been made under section 234(5) of this Act within the period allowed under that subsection, then, unless all objections so made have been withdrawn in writing within that period, the Secretary of State shall cause a local inquiry to be held to consider his proposals, any proposals he refers to the inquiry and any objections.
(3) Any proposals referred to a local inquiry under this section require the approval of the Secretary of State (if they would not require such approval apart from this subsection).
(4) Where the Secretary of State has a duty to cause a local inquiry to be held under this section, he shall refer to the inquiry any proposals—
(a) made by him in relation to the area of the local education authority (and not withdrawn) but in respect of which he is not required under this section to cause a local inquiry to be held,
(b) made by the local education authority, or made in relation to the area by the funding authority, in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), or
(c) made by the governing body of any voluntary school in the area in exercise of their powers to make proposals for the alteration of their school (and not withdrawn),
which are not determined before he causes the inquiry to be held and appear to him to be related to the proposals made under section 234 of this Act in respect of which he is required under this section to cause the inquiry to be held.
(5) Subsection (4) above does not require the Secretary of State to refer any proposals to the inquiry if, before he causes the inquiry to be held, he forms the opinion that the proposals ought to be implemented unless, before the proceedings on the inquiry are concluded or (if earlier) the proposals are determined, he subsequently forms a different opinion.
(6) It shall not be open to the inquiry to question the principles specified in the order under section 232 or 233 of this Act.
(7) Section 250(2) to (5) of the [1972 c. 70.] Local Government Act 1972 (giving evidence at and defraying costs of inquiries) applies to inquiries held under this section.
(8) References in this section to the determination of any proposals are to any determination whether or not to approve, adopt or implement the proposals under section 12 or 13 of the [1980 c. 20.] Education Act 1980, Part II of this Act or section 184 of this Act.
(1) Where the Secretary of State has made proposals under section 234 of this Act in respect of which he is required to cause a local inquiry to be held, he may when he has considered the report of the person appointed to hold the inquiry do one or more of the following—
(a) adopt, with or without modifications, or determine not to adopt the proposals or any other proposals made by him under that section which he referred to the inquiry,
(b) approve, with or without modifications, or reject any other proposals which he referred to the inquiry, and
(c) make any such further proposals under section 234 of this Act as might have been made in accordance with the order or orders relating to the area of the local education authority concerned by the person or persons to whom the directions were given.
(2) Where the Secretary of State has made proposals under section 234 of this Act in respect of which he is not required to cause a local inquiry to be held and which he is not required to refer to such an inquiry, he may, after considering any objections made (and not withdrawn) under subsection (5) of that section within the period allowed under that subsection, adopt, with or without modifications, or determine not to adopt, the proposals.
(3) Proposals adopted by the Secretary of State under this section shall have effect—
(a) if they relate to a maintained school, as if they had been—
(i) made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or
(ii) in the case of a voluntary school, made by the governing body under their powers to make proposals for the alteration of their school,
and approved by the Secretary of State under section 12 or 13 of the Education Act 1980 or, as the case may be, section 184 of this Act, and
(b) if they relate to a grant-maintained school, as if they had been made by the funding authority under those powers and approved by the Secretary of State under Part II of this Act or, as the case may be, section 184 of this Act;
and the provisions of the Education Act 1980, or Part II or section 185 of this Act, relating to the approval of particulars of premises or proposed premises of schools shall have effect accordingly.
(1) An order under section 232 or 233 of this Act may not require any significant change to be made in the religious character of a voluntary school.
(2) Where the governing body of a voluntary school make any proposals in pursuance of an order under section 232 or 233 of this Act—
(a) the person or persons who are named in the school’s instrument of government as being entitled to appoint foundation governors (within the meaning of the [1944 c. 31.] Education Act 1944) shall be included among the persons who may submit objections to the proposals, and
(b) the local education authority shall re-imburse any expenditure reasonably incurred by the governing body in making the proposals.
(3) Proposals made in pursuance of an order under section 232 of this Act may not be withdrawn without the consent of the Secretary of State and such consent may be given on such conditions (if any) as the Secretary of State considers appropriate.
(4) Where—
(a) proposals made by the governing body of a voluntary school in pursuance of an order under section 232 or 233 of this Act are approved, or
(b) proposals adopted by the Secretary of State under section 236 of this Act have effect as mentioned in subsection (3)(a)(ii) of that section,
then, notwithstanding anything in section 13(5) of the [1980 c. 20.] Education Act 1980, the local education authority shall defray the cost of implementing the proposals.
(5) Notwithstanding anything in section 23 of this Act, a county or voluntary school is not eligible for grant-maintained status—
(a) if the local education authority have made any proposals in pursuance of an order under section 232 of this Act to cease to maintain the school which have not been withdrawn and no determination whether or not to approve or implement the proposals has been made under section 12 of the Education Act 1980 or section 236 of this Act, or
(b) if the Secretary of State has made any proposals under section 234 of this Act for the local education authority to cease to maintain the school which have not been withdrawn and no determination whether or not to adopt the proposals has been made under section 236 of this Act.
(6) Section 273(4) and (5) of this Act does not apply in relation to any proposals under section 12(1)(d) or 13(1)(b) of the Education Act 1980 made in pursuance of an order under section 232 of this Act.
(7) In sections 232 to 236 of this Act, “powers to make proposals for the alteration of their school”, in relation to the governing body of a voluntary school, means their powers to publish proposals under section 13(1)(b) of the Education Act 1980.
(8) In sections 232 to 236 of this Act—
(a) “powers to make proposals for the establishment, alteration or discontinuance of schools” means—
(i) in relation to the local education authority, all or any of the powers to publish proposals under section 12 of the Education Act 1980,
(ii) in relation to the funding authority, all or any of the powers to publish proposals under sections 48, 97 or 105 of this Act, and
(iii) in relation to either authority, the power to serve notice of proposals under section 183 of this Act,
(b) references to maintained schools include maintained special schools established in hospitals, and
(c) references to grant-maintained schools include grant-maintained special schools.
(1) A governing body constituted in pursuance of Part I of the [1986 c. 61.] Education (No. 2) Act 1986 (county, voluntary and maintained special schools) on or after the appointed day shall be constituted as a body corporate.
(2) A governing body so constituted before that day shall, as constituted on that day, become on that day a body corporate.
(3) On the incorporation of a governing body by virtue of subsection (2) above, any property, rights or liabilities attributable to the governing body immediately before incorporation shall be transferred to, and by virtue of this section vest in, the body corporate.
(4) For the purposes of subsection (3) above, property, rights or liabilities are attributable to a governing body if—
(a) in the case of any land or other property, it was held by or on behalf of any persons as members or former members of the governing body, and
(b) in the case of rights or liabilities, they were acquired or incurred by or on behalf of any such persons,
and are so held or, as the case may be, they subsist immediately before the incorporation of the governing body.
(5) A governing body incorporated by virtue of this section shall be known as “The governing body of ...” with the addition of the name of the school.
(6) The application of the seal of any such governing body must be authenticated by the signature—
(a) of the chairman of the governing body, or
(b) of some other member authorised either generally or specially by the governing body to act for that purpose,
together with the signature of any other member.
(7) Every document purporting to be an instrument made or issued by or on behalf of any such governing body and—
(a) to be duly executed under the seal of the governing body, or
(b) to be signed or executed by a person authorised by the governing body to act in that behalf,
shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
(8) References in subsections (1) and (2) above to a governing body do not include a temporary governing body constituted under arrangements made under that Act.
(9) Schedule 13 to this Act (provisions supplementary to this section and section 239 of this Act) shall have effect.
(10) In this and that section and that Schedule, “appointed day” means the day appointed under section 308(3) of this Act for the commencement of this section.
(1) A governing body incorporated by virtue of section 238 of this Act may do anything (including in particular the things referred to in the following subsections) which appears to them to be necessary or expedient for the purpose of or in connection with the exercise of any of the functions conferred on them under or in pursuance of any enactment.
(2) A governing body so incorporated may—
(a) acquire and dispose of land and other property,
(b) enter into contracts, other than contracts of employment,
(c) invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,
(d) accept gifts of money, land and other property and apply it, or hold and administer it on trust, for any of those purposes, and
(e) do anything incidental to the conduct of the school.
(3) Subsections (1) and (2) above have effect subject to—
(a) any provisions of the instrument of government or articles of government for the school, and
(b) if the school has a delegated budget (defined in section 33(6)(b) of the [1988 c. 40.] Education Reform Act 1988), any provisions of the scheme under that section which covers the school.
(4) The governing body so incorporated of an aided school may enter into contracts for the employment of teachers and other staff, subject to any provisions of the articles of government for the school other than any provisions for the time being excluded by section 45(2) of that Act (aided schools having delegated budgets) from applying to the school.
(1) In section 2 of the Education Reform Act 1988 (the National Curriculum) in subsection (2)(c) (arrangements for assessing pupils at or near the end of each key stage) for “at or near the end” there is substituted “in respect”.
(2) After section 3(5) of that Act (power of head teacher to determine key stage for a particular pupil) there is inserted—
“(5A) If at any time, in the case of a pupil of compulsory school age, subsection (3) above does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if—
(a) in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attained a particular age were a reference to the school year in which that pupil attained that age, and
(b) in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attained the age of fifteen and ending when he ceases to be of compulsory school age.”
(3) At the end of section 3(6) of that Act (interpretation) there is added— “and
“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the next school year.”
(4) In section 4 of that Act (duty to establish National Curriculum by order) for subsection (5) there is substituted—
“(5) An order under subsection (2)(c) above—
(a) may confer or impose such functions on the governing body and the head teacher and (in the case of maintained schools) on the local education authority as appear to the Secretary of State to be required, and
(b) may specify any such assessment arrangements as may for the time being be made by a person specified in the order.
(6) Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.
(7) The duties that may be imposed by virtue of subsection (5)(a) above include, in relation to persons exercising power in pursuance of provision made by virtue of subsection (6) above, the duty to permit them—
(a) to enter the premises of the school,
(b) to observe the implementation of the arrangements, and
(c) to inspect, and take copies of, documents and other articles.
(8) An order under subsection (2)(c) above may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provisions conferring or imposing functions as mentioned in subsection (5)(a) above) as appear to the Secretary of State to be expedient; and any provision made under such an order shall, on being published by Her Majesty’s Stationery Office, have effect for the purposes of this Chapter as if made by the order.”
(5) In section 117 of that Act (obligation to enter pupils for prescribed examinations), at the end of subsection (2) (exceptions) there is added “but this subsection does not apply to an examination which is part of the assessment arrangements for key stage four and applies in the case of that pupil; and in this subsection, in relation to that pupil, “assessment arrangements” has the meaning given by section 2(2)(c) of this Act and “key stage four” means the period referred to in section 3(3)(d) of this Act”.
(1) In section 2(1) of the [1988 c. 40.] Education Reform Act 1988 (content of curriculum), after “school” in paragraph (a) there is inserted—
“(aa) in the case of a secondary school, provision for sex education for all registered pupils at the school;
(ab) in the case of a special school, provision for sex education for all registered pupils at the school who are provided with secondary education”.
(2) In section 114(1) of the [1944 c. 31.] Education Act 1944 (interpretation), after the definition of “Senior pupil” there is inserted—
““Sex education” includes education about—
(a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and
(b) any other sexually transmitted disease”.
(3) After section 17 of the Education Reform Act 1988 there is inserted—
If the parent of any pupil in attendance at any maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.”
(4) The Secretary of State shall so exercise the power conferred by section 4 of that Act to revise the National Curriculum as to secure that the subject of science does not include—
(a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus,
(b) any other sexually transmitted disease, or
(c) aspects of human sexual behaviour, other than biological aspects,
and sections 20, 21 and 232(4) of that Act (procedure for making orders), and section 242 of this Act, shall not apply to any order made only for the purposes of this subsection.
(5) The governing body of every maintained or grant-maintained school and, in relation to pupils who are provided with secondary education, the governing body of every maintained special school shall—
(a) make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and
(b) make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.
(6) In relation to any county, or controlled, secondary school, and in relation to any pupils who are provided with secondary education in a maintained special school, section 18 of the [1986 c. 61.] Education (No. 2) Act 1986 (policy for curriculum in county etc. schools), shall have effect with the omission of subsections (2) and (6)(c)(i) and of the references to the matters mentioned in subsection (2) of that section.
Education Act 1993