Office of Public Sector Information
PART II continued CHAPTER V continued
(1) Subject to subsection (2) below, where the members of the existing governing body of a school to which section 71 of this Act applies include a person—
(a) who holds office as a governor of an elected category, and
(b) whose term of office is due to come to an end before the date of implementation of the proposals or at any time within the period of six months beginning with that date,
the governing body may by notice in writing to that person terminate his term of office on a date specified in the notice.
(2) The governing body may only terminate a person’s term of office under subsection (1) above if—
(a) his term of office is due to come to an end after the proposed date of publication of the proposals, or
(b) it would not in their view be reasonably practicable, in the time available between the date on which his term of office is due to come to an end and the proposed date of publication of the proposals, to fill the vacancy by the procedure applicable under the [1986 c. 61.] Education (No. 2) Act 1986.
(3) Without prejudice to section 8(2) of that Act (instrument of government for county, controlled or maintained special school to provide for four year term of office for governors other than ex officio governors), the term of office of a person elected or appointed in accordance with the requirements of that Act and any requirements of the instrument of government of the school to fill a vacancy arising by virtue of subsection (1) above shall be four years.
(4) Where any such election or appointment as is referred to in section 71(2) of this Act is held or made on or after the date of publication of the proposals, the existing governing body shall publish at such time and in such manner as may be prescribed notice of the election or appointment.
(1) Where proposals are required to be published under section 32 of this Act in respect of a county school, the existing governing body shall select the persons who are to be the initial first governors.
(2) Where proposals are required to be published under section 32 of this Act in respect of a voluntary school, the person or persons 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) to the existing governing body shall select the persons who are to be the initial foundation governors.
(3) The duties under subsections (1) and (2) above are to be complied with, if possible, before the date of publication of the proposals and otherwise as soon as possible after that date.
(4) Any person selected under subsection (1) or (2) above shall, if possible, be named in the proposals as published as a proposed initial first or, as the case may be, foundation governor.
(5) In the case of any person so selected who is not named in the proposals as published, the existing governing body shall—
(a) give the Secretary of State notice in writing of the relevant particulars in respect of the person selected before such date as may be specified in directions given by the Secretary of State, and
(b) publish at such time and in such manner as may be prescribed notice of his selection.
(6) Where the Secretary of State is notified of any particulars under subsection (5) above, he shall modify the proposals by including in them the particulars notified to him.
(7) The existing governing body shall secure that any selection required by subsection (2) above is carried out in accordance with that subsection.
(8) Where any selection falls in accordance with subsection (2) above to be made by two or more persons, it shall be made by those persons acting jointly; and if they fail to agree on the selection, it shall be made by the Secretary of State or in accordance with directions given by him.
(9) Before selecting, or giving any direction as to the selection of, an initial foundation governor in a case where religious education in accordance with the tenets of a particular religion or religious denomination is given to pupils at the school in pursuance of section 27 or 28 of the [1944 c. 31.] Education Act 1944 (religious education at voluntary schools), the Secretary of State shall consult the persons appearing to him to be the appropriate authority of the religion or denomination concerned.
(1) This section applies where proposals published under section 32 of this Act are pending in respect of a school.
(2) If a person named in the proposals as a proposed governor of an elected category who was elected under section 71 of this Act or this section—
(a) dies,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
then, subject to subsection (3), below the authority responsible for election arrangements under the [1986 c. 61.] Education (No. 2) Act 1986 in relation to the school shall secure that a person is elected or appointed by the procedure applicable under that Act to hold office on the proposed governing body in his place.
(3) Where in a case to which subsection (2) above applies the Secretary of State is satisfied that it would not be reasonably practicable to hold an election or make an appointment in accordance with that subsection in the time available, he shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.
(4) If at any time a person named in the proposals as a proposed governor of an elected category who was so named by virtue of being an eligible governor of that category—
(a) ceases to hold office on the existing governing body,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body who is at that time an eligible governor of that category who is neither named in the proposals nor prospectively disqualified as mentioned in paragraph (b) above.
(5) Where in a case to which subsection (4)(a) above applies—
(a) there is no such eligible governor at the time in question, and
(b) the Secretary of State is satisfied that it would not be reasonably practicable in the time available before he determines the proposals to fill the vacancy on the existing governing body by the procedure applicable under the [1986 c. 61.] Education (No. 2) Act 1986,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.
(6) Where in a case to which subsection (4)(b) or (c) above applies there is no such eligible governor at the time in question, subsection (2) above shall apply as if the former proposed governor had been elected under section 71 of this Act.
(7) If a person named in the proposals as a proposed governor of an elected category who was nominated by the existing governing body under this section—
(a) dies,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.
(8) References in this section to a person named in the proposals include any person required to be so named.
(9) The existing governing body shall—
(a) give the Secretary of State notice in writing of the occurrence of any event within subsection (2), (4) or (7) above,
(b) make any nomination required for the purposes of this section, and
(c) give the Secretary of State notice in writing of the relevant particulars in respect of any person nominated by them under this section.
(1) Where proposals published under section 32 of this Act are pending in respect of a county school and a person selected under section 73(1) of this Act to be a first governor—
(a) dies,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.
(2) Where proposals published under section 32 of this Act are pending in respect of a voluntary school and a person selected under section 73(2) of this Act to be a foundation governor—
(a) dies,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the person or persons named in the school’s instrument of government as being entitled to appoint the foundation governors (within the meaning of the [1944 c. 31.] Education Act 1944) to the existing governing body.
(3) Subsections (8) and (9) of section 73 of this Act apply for the purposes of subsection (2) above as they apply for the purposes of that section, but as if references to selection were to nomination.
(4) The existing governing body shall—
(a) give the Secretary of State notice in writing of the occurrence of any event within subsection (1) or (2) above,
(b) make or secure the making of any nomination required for the purposes of this section, and
(c) give the Secretary of State written notification of the relevant particulars in respect of any person nominated under this section.
(1) Section 15(2) to (6) of the [1986 c. 61.] Education (No. 2) [1986 c. 61.] Act 1986 shall apply in relation to the election of a person under section 71 or 74 of this Act to hold office as an initial parent governor or an initial teacher governor as it applies in relation to the election of a parent governor or teacher governor to the existing governing body.
(2) Where the authority responsible for election arrangements under the Education (No. 2) Act 1986 in relation to a school to which section 71 of this Act applies is the local education authority, the existing governing body shall give notice in writing to the authority of the proposed date of publication of the proposals for acquisition of grant-maintained status for the school.
(3) Where the authority responsible for election arrangements under the [1986 c. 61.] Education (No. 2) Act 1986 in relation to a school to which section 71 or 74 of this Act applies is the local education authority, the existing governing body shall notify the authority in writing—
(a) of any election or appointment which appears to them to be required under section 71 or 74 of this Act in relation to the proposed governing body, and
(b) if the number of eligible governors of any category on the existing governing body is for the time being less than the proposed number of initial governors of that category, of any vacancy on the existing governing body for a governor of that category.
(4) Where an election or appointment required for determining a proposed initial governor of any category is held or made at a time when proposals published under section 32 of this Act are pending in respect of the school, the existing governing body shall give the Secretary of State notice in writing of the relevant particulars in respect of the person elected or appointed.
(5) Where the Secretary of State is notified of any particulars under subsection (4) above, he shall modify the proposals by including in them the particulars notified to him (in substitution, where appropriate, for any particulars they supersede).
(6) For the purposes of subsection (4) above, an election or appointment is required for determining a proposed initial governor of any category if—
(a) it is required under section 71 or 74 of this Act, or
(b) it is required for filling a vacancy on the existing governing body for a governor of that category and the number of eligible governors of that category on the existing governing body is for the time being less than the proposed number of initial governors of that category.
(1) In relation to any governing body to be incorporated under Chapter II in pursuance of proposals for acquisition of grant-maintained status which give the name of a sponsor of the school, regulations shall make provision—
(a) for the determination of the persons who are to be the initial sponsor governors, and
(b) for the persons so determined to be named in the proposals, whether as published or as modified in pursuance of the regulations.
(2) The regulations may in particular make provision corresponding to any of the provisions of sections 71 to 76 of this Act.
(1) This section applies in relation to any governing body to be incorporated under Chapter IV.
(2) Regulations shall make provision for the appointment of the persons who are to be the initial governors and, in particular, shall require each appointing authority—
(a) to obtain the Secretary of State’s consent before making any appointment, and
(b) to notify the Secretary of State before the incorporation date of the appointments to all the initial governorships for which the authority is the appointing authority.
(3) In subsection (2) above, the “appointing authority” in relation to any appointment, means the person entitled to make the appointment.
(1) The proceedings of the governing body of a grant-maintained school shall not be invalidated by any defect in any procedure required under this Chapter in relation to the determination of any person to hold office as an initial governor.
(2) This section does not prejudice the generality of paragraph 11 of Schedule 5 to this Act.
(1) This section applies for the purposes of this Chapter.
(2) References to the authority responsible for election arrangements under the [1986 c. 61.] Education (No. 2) Act 1986 in relation to a school are references to the authority or body by whom all necessary arrangements for any election of parent governors or teacher governors to the governing body of the school fall to be made under section 15(2) of that Act (which imposes responsibility for those arrangements on the local education authority in relation to county, controlled and maintained special schools and on the governing body of the school concerned in relation to aided and special agreement schools).
(3) References, in relation to a vacancy for a governor of an elected category on the existing governing body of a school in respect of which proposals are required to be or have been published under section 32 of this Act and in sections 71(7) and 74(2) of this Act, to the procedure applicable under the [1986 c. 61.] Education (No. 2) Act 1986 are references—
(a) except where any provision made by virtue of section 5 of that Act (appointment of parent governors by governing body) applies, to the holding of an election under that Act, and
(b) where any such provision applies, to the making of an appointment in accordance with that provision.
(4) A person named in proposals for acquisition of grant-maintained status in respect of a school as a proposed initial governor of any category shall be treated as becoming prospectively disqualified for holding office as such a governor on the proposed governing body if an event occurs in relation to him which, if—
(a) it had occurred on or after the incorporation date, and
(b) the instrument prescribed under section 56 of this Act for the governing bodies of schools of the kind in question had then been in force,
would have caused him to become disqualified for holding such office.
(1) Subject to the provisions of this Part of this Act, the funding authority shall make annual grants (to be known as maintenance grants) to the governing body of each grant-maintained school, each such grant being made in respect of expenditure for the purposes of the school incurred or to be incurred by the governing body in the financial year to which the grant relates.
(2) The amount of the maintenance grant payable in respect of a school for a financial year shall be such as may be determined (and from time to time revised) in accordance with regulations (referred to in this Chapter as “grant regulations”); and grant regulations may provide for determinations (and revisions) to be made by reference to amounts determined or redetermined for the purposes of this section by the Secretary of State.
(3) Subject to—
(a) any provision made by virtue of section 69(6) of this Act,
(b) any requirements imposed by the funding authority under section 84(1) of this Act, and
(c) any requirements as to the application of maintenance grant contained in the articles of government of the school,
the governing body of a grant-maintained school shall apply any payments made to them in respect of maintenance grant solely for the purposes of the school.
(4) In this Chapter “the purposes of the school” do not include purposes wholly referable to the provision of—
(a) part-time education suitable to the requirements of persons of any age over compulsory school age, or
(b) full-time education suitable to the requirements of persons who have attained the age of nineteen years.
(1) Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (to be known as special purpose grants) in respect of expenditure, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies—
(a) for or in connection with educational purposes of any class or description so specified,
(b) in making any provision (whether of educational services or facilities or otherwise) of any class or description so specified which appears to the funding authority to be required for meeting any special needs of the population of the area served by the schools in question, or
(c) in respect of expenses of any class or description so specified, being expenses which it appears to the funding authority the governing bodies of such schools cannot reasonably be expected to meet from maintenance grant.
(2) Grant regulations may provide for special purpose grants to be payable—
(a) on a regular basis in respect of expenditure of a recurrent kind, or
(b) by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
(1) Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (to be known as capital grants) in respect of expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies.
(2) The descriptions of expenditure which are to be regarded for the purposes of capital grant as expenditure of a capital nature shall be such as may be determined by or in accordance with the regulations.
(3) Where the governing body of a grant-maintained school include sponsor governors, the funding authority shall, if directed to do so by the Secretary of State, pay capital grant of such amount as may be specified in the directions in respect of such expenditure falling within subsection (1) above as is incurred, or to be incurred, by the governing body for such purposes as may be specified in the directions.
(4) Before giving a direction under subsection (3) above, the Secretary of State shall consult the funding authority.
(5) A direction under subsection (3) above may not be given after the end of the period of twelve months beginning—
(a) in the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status which include sponsor governors on the incorporation date, with that date,
(b) in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which include sponsor governors on the date of implementation of the proposals, with that date, and
(c) in any other case, with the date when the instrument of government naming a person as the sponsor of the school came into effect.
(1) A governing body to whom any payments in respect of maintenance grant, capital grant or special purpose grant are made shall comply with such requirements of a kind mentioned in subsection (2) below as the funding authority may from time to time impose.
(2) The kinds of requirements which may be imposed under subsection (1) above are—
(a) requirements specified in grant regulations as requirements which may be imposed by the funding authority on governing bodies to whom such payments are made, and
(b) requirements determined in accordance with grant regulations by the funding authority.
(3) Requirements imposed under subsection (1) above—
(a) may be imposed on or at any time after the making of any payment by reference to which they are imposed, and
(b) subject to subsection (4) below, may at any time be varied by the funding authority.
(4) The power of the funding authority to vary such a requirement—
(a) does not apply to a requirement of the kind mentioned in subsection (2)(a) above, or a requirement required to be imposed by the regulations (by virtue of subsection (9) below) or by directions under section 9 of this Act, unless the Secretary of State has consented to the variation, and
(b) is subject, in the case of a requirement of the kind mentioned in subsection (2)(b) above, to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grant in question.
(5) Requirements imposed under subsection (1) above may at any time be waived or removed by the funding authority with the consent of the Secretary of State.
(6) The requirements—
(a) which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grant, or
(b) which may be imposed by the funding authority on a governing body to whom payments in respect of capital grant are made,
may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.
(7) That amount is—
(a) the amount of the payments made in respect of the grant, or
(b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
(8) No such requirement as is referred to in subsection (6) above may be imposed where any payment is made in respect of capital grant if—
(a) the grant is made in respect of the provision, alteration or repair of premises for a school, and
(b) any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.
(9) Grant regulations may require the funding authority to impose any such requirements as may be imposed under the preceding provisions of this section.
(1) The times at which, and the manner in which, payments are made in respect of—
(a) maintenance grant for a grant-maintained school in respect of any financial year,
(b) special purpose grant, and
(c) capital grant,
shall be such as may be determined from time to time by the funding authority.
(2) Payments in respect of maintenance grant for a school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of the school, by reference to an estimate of the amount which will be so payable made by the funding authority.
(3) Where in respect of any financial year an over-payment of maintenance grant is made to the governing body of a school, a sum equal to the amount of that over-payment shall be recoverable from the governing body by the funding authority.
(4) Where a sum is payable by the governing body of a school to the funding authority—
(a) in respect of an over-payment of maintenance grant in respect of a financial year, or
(b) by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 84(6) of this Act or otherwise),
the funding authority may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by them to the governing body.
(5) In this section, references to an over-payment of maintenance grant in respect of a financial year are to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in question in respect of the year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.
(6) The funding authority shall exercise any power conferred on them by sections 53 and 81 to 84 of this Act, paragraph 6 of Schedule 4 to this Act or this section in such manner (if any) as may be specified in or determined in accordance with grant regulations.
Before the Schools Funding Council for Wales begin to exercise their functions, sections 87 to 91 of this Act shall have effect in relation to grant-maintained schools in Wales in place of sections 81(1) and (3), 82(1), 83(1), 84 and 85 of this Act.
(1) Subject to the provisions of this Part of this Act, the Secretary of State shall make annual grants (to be known as maintenance grants) to the governing body of each grant-maintained school, each such grant being made in respect of expenditure for the purposes of the school incurred or to be incurred by the governing body in the financial year to which the grant relates.
(2) Subject to—
(a) any provision made by virtue of section 69(6) of this Act,
(b) any requirements imposed by the Secretary of State under section 90(1) or (3) of this Act, and
(c) any requirements as to the application of maintenance grant contained in the articles of government of the school,
the governing body of a grant-maintained school shall apply any payments made to them in respect of maintenance grant solely for the purposes of the school.
Grant regulations may provide for the payment by the Secretary of State to the governing bodies of grant-maintained schools of grants (to be known as special purpose grants) in respect of expenditure incurred or to be incurred by them of any class or description specified in the regulations—
(a) for or in connection with educational purposes of any class or description so specified,
(b) in making any provision (whether of educational services or facilities or otherwise) of any class or description so specified which appears to the Secretary of State to be required for meeting any special needs of the population of the area served by the school, or
(c) in respect of expenses of any class or description so specified, being expenses which it appears to the Secretary of State the governing bodies of such schools cannot reasonably be expected to meet from maintenance grant.
Grant regulations may provide for the payment by the Secretary of State to the governing bodies of grant-maintained schools of grants (to be known as capital grants) in respect of expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies.
(1) A governing body to whom any payments in respect of maintenance grant or special purpose grants are made shall comply with such requirements of a kind mentioned in subsection (2) below as the Secretary of State may from time to time impose.
(2) The kinds of requirements which may be imposed under subsection (1) above are—
(a) requirements specified in grant regulations as requirements which may be imposed by the Secretary of State on governing bodies to whom such payments are made, and
(b) requirements determined in accordance with grant regulations by the Secretary of State.
(3) A governing body to whom any payments in respect of capital grant are made shall comply with such requirements determined by the Secretary of State as he may from time to time impose.
(4) Requirements imposed under subsection (1) or (3) above—
(a) may be imposed on or at any time after the making of any payment by reference to which they are imposed, and
(b) may at any time be waived or removed or, subject to subsection (5) below, varied by the Secretary of State.
(5) The power of the Secretary of State to vary such a requirement—
(a) does not apply to a requirement of the kind mentioned in subsection (2)(a) above, and
(b) is subject, in the case of a requirement of the kind mentioned in subsection (2)(b) above, to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grants in question.
(6) The requirements—
(a) which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grant, or
(b) which may be imposed by the Secretary of State on a governing body to whom payments in respect of capital grant are made,
may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.
(7) That amount is—
(a) the amount of the payments made in respect of the grant, or
(b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
(8) No such requirement as is referred to in subsection (6) above may be imposed where any payment is made in respect of capital grant if—
(a) the grant is made in respect of the provision, alteration or repair of premises for a school, and
(b) any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.
Education Act 1993