Office of Public Sector Information
PART VI continued
(1) Subsection (2) below applies where a pupil is permanently excluded from any school maintained by a local education authority or any grant-maintained school and, in the financial year in which the exclusion first takes effect—
(a) he is subsequently provided with education at a school maintained by a local education authority, education otherwise than at school provided by such an authority or education at a grant-maintained school, and
(b) the person accountable for that education (referred to below as “the new provider”) is not the same as the person accountable for the education provided for him immediately before his exclusion (referred to below as “the former provider”).
(2) The former provider shall pay to the new provider an amount determined in accordance with regulations as the appropriate amount of funding to be transferred to the new provider in respect of that pupil for that financial year.
(3) Every local education authority shall, where any scheme made by them under section 33 of the [1988 c. 40.] Education Reform Act 1988 (financing county and voluntary schools) does not make the provision required by subsection (4) below, exercise their powers to revise the scheme so that it makes such provision.
(4) The provision required by this subsection, in relation to a local education authority, is—
(a) provision requiring the authority, where a pupil is permanently excluded from a school and the exclusion first takes effect in a financial year in which the school is required to be covered by the scheme, to reduce the school’s budget share for that year by an amount determined in accordance with regulations as the appropriate amount of funding in respect of that pupil for that year to be subtracted from the school’s budget share, and
(b) provision requiring the authority, where a pupil admitted to a school in a financial year in which the school is required to be covered by the scheme has been permanently excluded from a school maintained by them or any other local education authority or any grant-maintained school and the exclusion (as well as the admission) first took effect in that year, to allocate for the purposes of the school in that year an amount determined in accordance with regulations as the appropriate amount of funding in respect of that pupil for that year to be allocated for those purposes.
(5) Expressions used in subsection (4) above and in Chapter III of Part I of the Education Reform Act 1988 have the same meaning in that subsection as in that Chapter.
(6) Subject to subsection (7) below, for the purposes of this section—
(a) the local education authority are accountable for education provided at any school maintained by them or education provided by them otherwise than at school, and
(b) the governing body are accountable for education provided at a grant-maintained school.
(7) Where a pupil is permanently excluded from any school maintained by a local education authority or grant-maintained school and, in the financial year in which the exclusion first takes effect, the following events subsequently occur—
(a) he is first provided with education for which a different local education authority or, in the case of exclusion from a grant-maintained school, any local education authority are accountable (referred to below as “the first new provider”) and which is provided in a pupil referral unit or otherwise than at school, and, at any time afterwards
(b) he is provided with education at a grant-maintained school or for which a local education authority other than the first new provider are accountable,
then, in relation to the education mentioned in paragraph (b) above, the first new provider is to be treated as accountable for the education provided for the pupil immediately before the exclusion first took effect.
(8) Any dispute as to whether any local education authority or governing body of a grant-maintained school are entitled to be paid any amount under this section by any such other person shall be determined by the Secretary of State.
(9) For the purposes of this section the permanent exclusion of a pupil does not take effect until—
(a) any review under the articles of government of the decision to exclude him has been completed, and
(b) either any time for appealing under section 26 of the [1986 c. 61.] Education (No. 2) Act 1986 or those articles has expired without such an appeal being made or such an appeal has been finally concluded.
(10) In this section, “grant-maintained school” includes a grant-maintained special school.
In section 16(7) of the [1992 c. 38.] Education (Schools) Act 1992 (power to require governing body of school or local education authority to provide information) after “grant-maintained school” there is inserted—
“(aa) the proprietor of any city technology college or city college for the technology of the arts”.
(1) Where the governing body of any school providing primary education receive a request which—
(a) is made by the governing body of any school providing secondary education, and
(b) relates to the distribution of information about the school providing secondary education to parents of pupils at the school providing primary education without charge to those parents,
the governing body of that school shall secure that the request is treated no less favourably (whether as to services provided or as to the terms on which they are provided) than any such request made by the governing body of any other school providing secondary education.
(2) In this section, “school” means any maintained school, grant-maintained school or grant-maintained special school.
(1) The Secretary of State may by regulations require—
(a) the governing body of any maintained, grant-maintained or grant-maintained special school which provides secondary education, and
(b) the proprietor of any city technology college or city college for the technology of the arts,
to provide such persons as may be prescribed with such categories of information falling within subsection (2) below as may be prescribed.
(2) Information falls within this subsection if it is—
(a) published under section 50 of the [1992 c. 13.] Further and Higher Education Act 1992 (information with respect to institutions within the further education sector), and
(b) made available to governing bodies and proprietors for distribution.
(3) Information provided under subsection (1) above shall be provided in such form and manner as may be prescribed.
Schedule 16 to this Act (introduction of lay members into certain committees hearing appeals against admission decisions) shall have effect.
(1) This section applies—
(a) in the case of an appeal committee constituted in accordance with Part I of Schedule 2 to the [1980 c. 20.] Education Act 1980, to the local education authority or governing body of an aided or special agreement school required by section 7 of that Act or section 26 of the [1986 c. 61.] Education (No. 2) Act 1986 to make arrangements for enabling appeals to be made to that committee, and
(b) in the case of an appeal committee constituted for the purposes of paragraph 5(1) of Schedule 6 to this Act, to the governing body of a grant-maintained school required by the articles of government for the school to make arrangements for appeals to that committee.
(2) The Secretary of State may by regulations require any local education authority or governing body to which this section applies—
(a) to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal committee required to be constituted for the purposes of arrangements made by that authority or body to apply to the authority or body for appointment as such members, and
(b) in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority or body in response to an advertisement placed in pursuance of paragraph (a) above.
(1) This section applies—
(a) in the case of an appeal committee constituted in accordance with Part I of Schedule 2 to the [1980 c. 20.] Education Act 1980, to the local education authority or governing body of an aided or special agreement school required by section 7 of that Act or section 26 of the [1986 c. 61.] Education (No. 2) Act 1986 to make arrangements for enabling appeals to be made to that committee, and
(b) in the case of an appeal committee constituted for the purposes of paragraph 5(1) of Schedule 6 to this Act, to the governing body of a grant-maintained school required by the articles of government for the school to make arrangements for appeals to that committee.
(2) It shall be the duty of any local education authority or governing body to which this section applies to indemnify the members of any appeal committee required to be constituted for the purposes of arrangements made by that authority or body against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that committee.
In section 25(5) of the [1974 c. 7.] Local Government Act 1974 (certain appeal committees to be subject to investigation by Local Commissioner)—
(a) for “paragraph 1” there is substituted “paragraphs 1 and 2”, and
(b) at the end there is added “or for the purposes of paragraph 5 of Schedule 6 to the Education Act 1993”.
In section 6 of the [1980 c. 20.] Education Act 1980 (under subsection (6) of which governors of an aided or special agreement school may require the local education authority to enter into admission arrangements which override the duty to comply with any expressed parental preference) there is inserted at the end—
“(7) If one of the parties to arrangements under subsection (6) above proposes that the arrangements should be modified or replaced by substitute arrangements but the other party does not agree, the party making the proposal may refer the matter to the Secretary of State.
(8) On a reference under subsection (7) above, the Secretary of State may—
(a) direct that the arrangements shall remain as they are;
(b) direct that they shall be modified or replaced as proposed; or
(c) direct that they shall be modified in such other manner, or replaced by such other substitute arrangements, as may be specified in the direction.
(9) Where the Secretary of State directs as mentioned in subsection (8)(b) or (c) above, the modification or, as the case may be, the substitute arrangements shall have effect, from such date as may be specified in the direction, as if agreed between the parties.”
(1) After section 4 of the [1986 c. 61.] Education (No. 2) Act 1986 (governing bodies for aided etc. schools) there is inserted—
(1) The instrument of government for any aided secondary school shall, if a direction under this section so requires—
(a) name as a sponsor of the school a person specified in the direction, and
(b) provide for the governing body of the school to include such number of governors appointed by the sponsor, not exceeding four, as is so specified.
(2) A direction under this section in respect of a school, other than a direction under subsection (4) or (5) below—
(a) may only be given at the request, or with the consent, of the governing body, and
(b) may make provision (including the modification of any provision made by or under this Act) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.
(3) A direction under this section varying or revoking a previous direction—
(a) may only be made after consulting the governing body, and
(b) may make provision (including the modification of any provision made by or under this Act) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.
(4) Where proposals approved under section 13 of the Education Act 1980 (establishment and alteration of voluntary schools)—
(a) provide for a secondary school to be maintained by the local education authority as a voluntary school,
(b) name a person as a sponsor of the school, and
(c) provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,
the Secretary of State shall, if he makes an order under section 15 of the Education Act 1944 (classification of schools) directing that the school be an aided school, give a direction under this section for the purpose of implementing the proposals.
(5) Where an order under section 54 of this Act directs that a secondary school be an aided school and the proposals published by the governing body under that section—
(a) name a person as a sponsor of the school, and
(b) provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,
the Secretary of State shall give a direction under this section for the purpose of implementing the proposals.
(6) Where the instrument of government for any aided secondary school names two or more persons as sponsors of the school—
(a) the number of governors appointed under the instrument by virtue of this section may not exceed four, and
(b) the instrument may not provide for any of those governors to be appointed by two or more sponsors acting jointly.
(7) Where in pursuance of this section the instrument of government for a school names a person as a sponsor of the school, section 4(3)(a) of this Act shall have effect as if it required the instrument to provide for such number of foundation governors as will lead to their outnumbering the other governors by two.
(8) In this section “direction” means a direction contained in an order made by the Secretary of State; but section 63(1) of this Act shall not apply to the power of the Secretary of State to make orders under this section.”
(2) At the end of section 8(2) of that Act (term of office) there is added “or in the case of governors appointed by a person named in the instrument as a sponsor of the school, for such term (not being less than five nor more than seven years) as may be specified in the instrument.”
(3) In section 9 of that Act (grouping)—
(a) after subsection (1) there is inserted—
“(1A) A local education authority may not make such a resolution if the instrument of government of any of the schools names a person as a sponsor of the school unless all the schools are secondary schools”, and
(b) in subsection (7)(b) after “such school” there is inserted “but the instrument of government does not name any person as a sponsor of the school”.
(1) This section applies where—
(a) the governing body of a county school (referred to in this section as the “school proposed for grant-maintained status”) have published proposals for acquisition of grant-maintained status which have not been withdrawn or determined,
(b) the local education authority have published proposals for the purpose mentioned in section 12(1)(d) of the [1980 c. 20.] Education Act 1980 (alteration, etc. of county school) in respect of one or more schools in the area, and
(c) the governing body of the school proposed for grant-maintained status intend to make a significant change in the character, or significant enlargement of the premises, of the school, being a change or enlargement to be made for the purpose of ensuring consistency in the provision made in the area of the local education authority if the proposals made by the authority are implemented.
(2) The governing body of the school proposed for grant-maintained status may publish in such manner as may be required by regulations proposals for a significant change in the character, or significant enlargement of the premises, of the school for the purpose mentioned in subsection (1)(c) above.
(3) Chapter VII of Part II of this Act shall apply in relation to proposals published under this section as it applies in relation to proposals published under section 96 of this Act but—
(a) as if the governing body of the school proposed for grant-maintained status were the governing body of a grant-maintained school, and
(b) with the modifications in subsections (4) and (5) below.
(4) The particulars of the proposals shall not give as the time or any of the times of implementation of the proposals a time earlier than the date of implementation of the proposals for acquisition of grant-maintained status.
(5) The statement accompanying the proposals shall (in addition to the matters referred to in section 96(5) of this Act)—
(a) state that the proposals are published in connection with the proposed acquisition of grant-maintained status,
(b) state the circumstances in which the governing body are authorised under this section to publish such proposals, and
(c) describe the proposals published by the local education authority in connection with which the proposals under this section are published.
(6) Expressions used in this section or section 273 of this Act and in Part II of this Act have the same meaning as in that Part.
(1) Before formulating in respect of any school which is eligible for grant-maintained status any proposals for a purpose mentioned in section 12(1)(c) (ceasing to maintain schools) or (d) of the [1980 c. 20.] Education Act 1980, the local education authority shall consult the governing body of the school.
(2) No proposals shall be published under section 12 or 13 of that Act in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved; and where the procedure for acquisition of grant-maintained status is pending (within the meaning of Chapter III of Part II of this Act) in respect of any voluntary school, no notice of the governing body’s intention to discontinue the school may be served under section 14 of the [1944 c. 31.] Education Act 1944.
(3) This subsection applies in any case where either—
(a) after proposals for acquisition of grant-maintained status have been published in respect of any school which is eligible for grant-maintained status but before those proposals are withdrawn or determined proposals under section 12 or 13 of that Act in respect of the school are first published for the purposes of that section or proposals in respect of the school are published under section 272 of this Act, or
(b) after proposals under section 12 or 13 of that Act in respect of any such school have first been published for the purposes of that section but before those proposals are withdrawn or determined the governing body of the school publish proposals for acquisition of grant-maintained status for the school.
(4) In any case where subsection (3) above applies—
(a) any proposals under section 12 of that Act shall require the approval of the Secretary of State where they would not do so apart from this subsection, and
(b) the Secretary of State shall consider the proposals under section 12 or 13 of that Act or section 272 of this Act and the proposals for acquisition of grant-maintained status together but shall not determine the proposals under section 12 or 13 of that Act or section 272 of this Act until he has made his determination with respect to the proposals for acquisition of grant-maintained status.
(5) If in any case where subsection (3) above applies the Secretary of State approves the proposals for acquisition of grant-maintained status—
(a) where there are proposals under section 12 of that Act, he may approve them if they were made under subsection (1)(d) of that section and the governing body incorporated under section 34 of this Act give their consent, but shall otherwise reject them,
(b) where there are proposals under section 13 of that Act, he may approve them if they were made for the purpose referred to in section 272(1)(c) of this Act, but shall otherwise reject them, and
(c) where there are proposals under section 272 of this Act, he may approve them.
(6) If in any case where subsection (5) above applies proposals under section 12 or 13 of that Act are approved, the proposals shall be treated for the purposes of Part II of this Act as if they had been published under section 96, and approved under section 98, of this Act; and section 99 of this Act shall apply accordingly.
(7) If subsection (3) above applies in a case where—
(a) there are proposals under section 272 of this Act, and
(b) the Secretary of State rejects the proposals for acquisition of grant-maintained status,
the Secretary of State shall reject the proposals under section 272 of this Act.
(1) For section 34(4) of the [1988 c. 40.] Education Reform Act 1988 (duty to consult before preparing a scheme) there is substituted—
“(4) Before preparing such a scheme a local education authority shall consult—
(a) the governing body and the head teacher of every county, voluntary or special school maintained by the authority,
(b) the governing body of every grant-maintained school in the area of the authority, and
(c) the governing body of every grant-maintained special school which—
(i) is established under section 183 of the Education Act 1993 in the authority’s area, or
(ii) before becoming a grant-maintained special school was a special school maintained by the authority,
but the Secretary of State may, by notice in writing to the authority, dispense with the duty imposed under paragraphs (b) and (c) above in respect of such schools, or class or description of schools, as are specified in the notice.”
(2) For section 35 of that Act (replacement and variation of schemes) there is substituted—
(1) Subject to the following provisions of this section, a local education authority may revise the whole or any part of any scheme made by them under section 33 of this Act.
(2) Section 34(2) and (3) of this Act shall apply where the local education authority are preparing any revision under this section as they apply where they are preparing a scheme under section 33 of this Act.
(3) Where the local education authority propose to make a significant variation of the scheme—
(a) they shall first consult every governing body and head teacher whom they are obliged to consult under section 34(4) of this Act, and
(b) they shall then submit a copy of their proposals to the Secretary of State for his approval,
and where the proposals are so submitted section 34(5) of this Act shall apply to the scheme as revised as it applies to a scheme prepared under section 33.
(4) A revision which does not make a significant variation of the scheme is referred to in this section as a “minor revision”; and the Secretary of State may by order specify what descriptions of variation are to be regarded as significant for the purposes of this section.
(5) Where a local education authority propose to revise a scheme and the revision is in their opinion a minor revision, the authority shall give the Secretary of State notice in writing of their proposal, giving brief particulars of the nature of the revision proposed to be made.
(6) In any such case the authority shall, if so required by the Secretary of State before the end of the period of two months beginning with the date on which he receives notice under subsection (5) above of the authority’s proposal, send to him a copy of the scheme as proposed to be revised; and it shall be for the Secretary of State to determine whether or not any revision is a minor revision.
(7) The Secretary of State may by a direction revise the whole or any part of a scheme made under section 33 of this Act, as from such date as may be specified in the direction.
(8) Before giving such a direction the Secretary of State shall consult the local education authority concerned and such other persons as he thinks fit.”
(3) In section 40(2) of that Act (initial implementation), after “the scheme” there is inserted “as first made under section 33 of this Act”.
(4) In section 51(2)(a)(i) (interpretation), after “Act” there is inserted “as from time to time revised under section 35 of this Act”.
(5) In the case of a scheme made before the commencement of this section, subsection (3) above shall not have effect so as to alter the date which, immediately before commencement, is the date by reference to which the beginning of the initial period of the scheme is determined to an earlier date.
(1) In section 42 of the [1988 c. 40.] Education Reform Act 1988 (publication of schemes and financial statements etc.)—
(a) in subsection (4), paragraphs (f) to (i) are omitted,
(b) subsection (5)(b) is omitted,
(c) in subsection (6) after “with respect to” there is inserted—
“(aa) the planned financial provision in that year specified in the statement prepared by the authority under subsection (3) above”, and
(d) for subsection (8) there is substituted—
“(8) The authority shall furnish—
(a) the governing body of each school required to be covered by the scheme in any financial year, and
(b) the governing bodies of such grant-maintained schools in the authority’s area and grant-maintained special schools mentioned in section 34(4)(c) of this Act as may be prescribed,
with a copy of each statement prepared by the authority under this section in relation to that year or, in such circumstances as may be prescribed, with such part or parts of it as may be prescribed.”
(2) After that section there is inserted—
(1) This section applies where in the case of any local education authority the authority’s financial provision for county and voluntary schools is subject to regulation by a scheme.
(2) Any such local education authority shall, if directed to do so by the Secretary of State, require the Audit Commission for Local Authorities and the National Health Service in England and Wales to make arrangements in accordance with section 29(1)(d) of the Local Government Finance Act 1982 for certifying such statement or statements prepared by the authority under section 42 of this Act as may be specified in the directions; and any statement under that section shall be treated for the purposes of section 29(1)(d) of that Act as a return by the authority.
(3) The arrangements made by the Audit Commission in pursuance of subsection (2) above shall include arrangements for sending a copy of any such statement or statements as so certified to the Secretary of State.
(4) Directions given under subsection (2) above may relate to any local education authority or to local education authorities generally or to any class or description of such authorities.”
(3) In Schedule 4 to that Act (financing of new schools) in paragraph 2, sub-paragraphs (3)(b) and (c) and (4)(b) and (c) are omitted.
For section 43 of the [1988 c. 40.] Education Reform Act 1988 (application of schemes to special schools) there is substituted—
(1) The Secretary of State may by regulations require or authorise schemes to cover special schools maintained by local education authorities.
(2) Sections 39(1) and (10) and 40 of this Act shall not apply to schools required to be covered by a scheme by virtue of regulations under subsection (1) above.
(3) Regulations under subsection (1) above may require or authorise schemes to include provision for requiring the delegation by the local education authority concerned to the governing body of the school of the management of the school’s budget share for the year—
(a) in the case of all schools required to be covered by a scheme in any financial year by virtue of the regulations; or
(b) in the case of such schools required to be covered by a scheme in any financial year by virtue of the regulations as the Secretary of State may direct.
(4) The Secretary of State may by regulations—
(a) make in any provisions of this Chapter such amendments as appear to him to be required in consequence of any provision made in regulations under subsection (1) above; and
(b) provide that any scheme shall have effect with such modifications as appear to him to be appropriate in consequence of any provision so made.”
(1) Subsections (2) and (3) below apply to determine for the purposes of any enactment whether a person is of compulsory school age.
(2) A person begins to be of compulsory school age when he attains the age of five years.
(3) A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year if—
(a) he attains the age of sixteen years after that day but before the beginning of the school year next following,
(b) he attains that age on that day, or
(c) subject to paragraph (a) above, if that day is the school leaving date next following his attaining that age.
(4) The Secretary of State may by order determine the day in any calendar year which is to be the school leaving date for that year.
Education Act 1993