PART II continued CHAPTER IV continued
(1) The instrument of government for any secondary school which is an aided school shall, if a direction given by the Secretary of State 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 one under subsection (4) or (5)—
(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 Chapter) 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 Chapter) 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 43—
(a) provide for a secondary school to be maintained by the local education authority as a voluntary school, and
(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 48 directing that the school shall be an aided school, give a direction under this section for the purpose of implementing the proposals.
(5) Where an order under section 54 directs that a secondary school shall be an aided school and the proposals published by the governing body under section 52—
(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 secondary school which is an aided 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 84(2) 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.
(1) Subject to subsection (2) and paragraph 5(2) of Schedule 10 (which makes in relation to new schools provision similar to that made by subsection (2) in relation to existing schools), the instrument of government for a county, voluntary or maintained special school shall make such provision as is appropriate having regard to all the circumstances of the school as at the date on which the instrument is made.
(2) Where proposals falling within section 82(3) have been implemented in relation to a school, then for the purposes of subsection (1) the number of registered pupils at the school shall, until the actual number of registered pupils at the school reaches the maximum number of pupils provided for by the proposals, be deemed to be that maximum number.
(3) Where subsection (2) applies in relation to a school—
(a) the local education authority, or
(b) if the proposals fall within section 82(3)(b), the governing body,
may determine that it shall cease to apply (but without prejudice to its operation in relation to the implementation of any further proposals).
(1) Where the effect of any subsequent change in the circumstances of a county, voluntary or maintained special school is that the provision made by the instrument of government for the school differs in any respect from the provision which a new instrument of government would be required to make, the local education authority shall (subject to subsection (2))—
(a) vary the instrument of government in such manner as is necessary to remove any such difference, or
(b) make a new instrument of government.
(2) For the purposes of subsection (1) any change in the number of registered pupils at a county, controlled or maintained special school occurring after the instrument of government for the school is made, or (as the case may be) varied, may be disregarded until a review under section 82 establishes that the provision made by the instrument differs in any respect from the provision which a new instrument of government for the school would be required to make.
(3) Where section 86(2) has applied in relation to a school but the local education authority or (as the case may be) governing body have subsequently determined that it should cease to apply, subsections (1) and (2) above shall have effect as if a change in the number of registered pupils at the school had occurred at the time when that determination was made.
(4) The instrument of government for a county, voluntary or maintained special school may make provision which would be appropriate in the event of such a change in the circumstances of the school as is anticipated by that provision (including in particular a change in the number of registered pupils at the school).
(5) No provision made by the instrument of government for a county, controlled or maintained special school in anticipation of a change in the number of registered pupils at the school shall have effect before it is established, by a review under section 82, that a new instrument of government would be required to make that provision.
(1) Any governing body of a county, voluntary or maintained special school constituted in pursuance of this Chapter shall be constituted as a body corporate; and Schedule 7 has effect in relation to the incorporation of any such governing body.
(2) Schedule 8 has effect in relation to the membership and proceedings of, and other matters relating to, any such governing body.
(1) Subject to subsection (2), a local education authority may resolve that any two or more schools maintained by them shall be grouped for the purposes of this Chapter.
(2) If the instrument of government of any of the schools names a person as a sponsor of the school, a local education authority may only pass a resolution under subsection (1) if all the schools are secondary schools.
(3) Where any schools are grouped under this section, they shall—
(a) be treated for the purposes of this Chapter as a single school; and
(b) have a single governing body constituted under a single instrument of government.
(4) A group shall be treated for the purposes of this Chapter—
(a) as an aided school, if it contains at least one aided school;
(b) as a special agreement school, if it contains at least one special agreement school and paragraph (a) does not apply;
(c) as a controlled school, if it contains at least one controlled school and neither paragraph (a) nor paragraph (b) applies;
(d) as a maintained special school, if it consists only of maintained special schools; and
(e) as a county school, if none of paragraphs (a) to (d) applies.
(5) In this Part—
“group” means two or more schools grouped under this section; and
“grouped school” means a school which forms a part of a group.
(6) Any reference in any enactment to the governing body or governors of a school shall be construed, in relation to any grouped school, as a reference to the governing body or governors of the group.
(1) Subject to subsection (2), a local education authority shall, before resolving to group any schools under section 89, obtain the consent of the Secretary of State to the proposed grouping.
(2) The Secretary of State’s consent is not required if—
(a) the group will consist only of two primary schools;
(b) both of the schools serve substantially the same area;
(c) neither of the schools is a special school; and
(d) where they are in Wales, there is no significant difference between them in their use of the Welsh language.
(3) Where—
(a) two primary schools have been grouped in circumstances in which, by virtue of subsection (2), the Secretary of State’s consent to the grouping was not required, and
(b) a change of circumstances occurs such that a proposal to group those schools made after that change would require his consent,
the local education authority shall obtain his consent to their continuing to be grouped.
(4) The Secretary of State may give his consent to any grouping (or continued grouping) of schools subject to such conditions as to the duration of the grouping as he sees fit to impose.
(5) Where the Secretary of State’s consent is required to the grouping or continued grouping of any schools, sections 79 to 81, 84 and 85 and paragraph 2(2) of Schedule 8 (representation of local business community on governing body) shall apply in relation to the group subject to such modifications (if any) as he may direct.
(6) Any dispute as to whether, for the purposes of this section—
(a) two primary schools are to be regarded as serving substantially the same area, or
(b) there is any significant difference between two primary schools in their use of the Welsh language,
shall be determined by the Secretary of State.
(1) A local education authority shall not pass a resolution under section 89 applying to a voluntary school without first obtaining the consent of the school’s governing body.
(2) A local education authority shall not pass a resolution under section 89 applying to a county or maintained special school without first consulting the school’s governing body.
(1) Before making an order under section 76 embodying the first instrument of government for a group, the local education authority shall consult the governing body and head teacher of each school within the group.
(2) Before making such an order in respect of a group which contains one or more voluntary schools, the local education authority shall also—
(a) secure the agreement of the governing body of each of those schools to the terms of the proposed order,
(b) secure the agreement of the foundation governors of each of those schools to any provision which will be of particular concern to the foundation governors of the group, and
(c) have regard to the way in which those schools have been conducted.
(3) Where an order such as is mentioned in subsection (1) has been made, section 77 shall apply in relation to any subsequent order embodying or varying the instrument of government for the group, or any proposal for the making of such an order, as if the group—
(a) (where it contains one or more voluntary schools) were a single voluntary school; or
(b) (in any other case) were a single county school.
(4) Any agreement required by subsection (2) shall be treated for the purposes of section 77(5) as having been required by section 77(2).
The instrument of government for a group—
(a) may provide for the local education authority to have power to determine, in relation to every election of parent or teacher governors, the school or schools within the group—
(i) the parents of registered pupils at which are entitled to stand and vote at the election, or
(ii) the teachers at which are entitled to stand and vote at the election,
as the case may be; and
(b) where it so provides, shall require the authority to ensure that the position after any such election will be that there is no school within the group which will not have had an opportunity to participate in accordance with paragraph (a) in the election of at least one of the parent or (as the case may be) teacher governors of the group.
(1) Where subsection (2) applies in relation to a school which is grouped with one or more other schools under section 89, the local education authority shall review the grouping of those schools and consider whether or not it should be brought to an end.
(2) This subsection applies in relation to a school if—
(a) proposals relating to it are made under—
(i) section 35 (establishment, alteration etc. of county schools),
(ii) section 41 (establishment, alteration etc. of voluntary schools),
(iii) section 52 (controlled schools becoming aided schools),
(iv) section 167 (discontinuance of county, voluntary and nursery schools), or
(v) section 339 (establishment etc. of special schools); or
(b) it is proposed that the Secretary of State should make an order relating to it under section 46 (establishment of new voluntary schools in substitution for old ones) or section 47 (transfer of voluntary schools to new sites); or
(c) the Secretary of State makes an order relating to it—
(i) under section 50 or section 51 (division of county or voluntary school), or
(ii) under section 57 or 58(1) (revocation of orders by virtue of which schools are aided or special agreement schools); or
(d) it is transferred to a new site in circumstances falling within section 35(2)(b).
(3) Where on a review under this section a local education authority consider that any grouping of schools should be continued, and the Secretary of State’s consent to the grouping, or to the continued grouping, of the schools was at any time required by section 90, the authority shall—
(a) report to the Secretary of State on the results of their review; and
(b) provide him with such information as he may reasonably require with a view to enabling him to consider whether or not the grouping should be brought to an end.
(1) The Secretary of State may by order bring to an end any grouping under section 89 in respect of which his consent was at any time required by section 90.
(2) Any grouping under section 89 may, if the group does not contain a voluntary school, be brought to an end by resolution of the local education authority.
(3) Any such grouping may, if the group contains a voluntary school but not one whose instrument of government names any person as a sponsor of the school, be brought to an end—
(a) by resolution of the local education authority made with the agreement of the governing body, or
(b) by one year’s notice given either by the authority to the governing body or by the governing body to the authority.
(4) Any order under section 76 embodying an instrument of government for two or more schools which are grouped under section 89 shall be taken to have been revoked—
(a) in the case of a group which was established for a specified period, at the end of that period, or
(b) at the time when the grouping is brought to an end in accordance with subsection (1), (2) or (3).
(1) Where—
(a) the Secretary of State has approved under section 37 or section 340 proposals of a kind mentioned in subsection (2), or
(b) a local education authority have determined under section 38 to implement any proposals made by them under section 35,
the local education authority shall (unless they have already exercised their power to do so under subsection (3)) make an arrangement for the constitution of a temporary governing body for the school in question pending the constitution of its governing body under an instrument of government.
(2) The proposals referred to in subsection (1) are any proposals made by a local education authority—
(a) to establish a new county school;
(b) to maintain as a county school a school which is neither a county school nor a voluntary school; or
(c) to establish a new school which is specially organised to make special educational provision for pupils with special educational needs.
(3) Where any such proposals have been duly published under section 35 or (as the case may be) notice of them has been duly served under section 339, the local education authority may make an arrangement such as is mentioned in subsection (1) in anticipation of the Secretary of State’s approval of the proposals or (as the case may be) the determination by the authority that they should be implemented.
(4) An arrangement made under subsection (3) shall come to an end if—
(a) the proposals are withdrawn, or
(b) the Secretary of State rejects them under section 37 or (as the case may be) section 340, or
(c) (in the case of proposals made under section 35), the local education authority determine under section 38 not to implement them.
(5) An arrangement made under this section shall, unless it has been brought to an end under subsection (4), come to an end when the requirement for there to be an instrument of government for the school takes effect under section 99.
(1) Where the Secretary of State has approved under section 43 any proposals that a school—
(a) which was established by those making the proposals, or by the persons whom they represent, and is not a voluntary school, or
(b) which is proposed to be so established,
should be maintained by a local education authority as a voluntary school, the local education authority shall (unless they have already exercised their power to do so under subsection (2)) make an arrangement for the constitution of a temporary governing body for the school pending the constitution of its governing body under an instrument of government.
(2) Where any such proposals have been duly published under section 41, the local education authority may make an arrangement such as is mentioned in subsection (1) in anticipation of the Secretary of State’s approval of the proposals.
(3) If the proposals so published are for the school in question to be maintained as a controlled school, the authority shall consult the persons making the proposals—
(a) as to whether the power given to the authority by subsection (2) should be exercised, and
(b) if the authority propose to exercise it, as to the date on which the arrangement should be made.
(4) If the proposals so published are for the school in question to be maintained as an aided school, the authority and the persons making the proposals shall consider—
(a) whether the power given to the authority by subsection (2) should be exercised, and
(b) where they agree that it should, on what date the arrangement should be made.
(5) Where, in a case within subsection (4), the authority and the persons making the proposals fail to agree on the question mentioned in paragraph (a) or on that mentioned in paragraph (b), either of them may refer the matter to the Secretary of State.
(6) On a reference under subsection (5), the Secretary of State shall give such direction as he thinks fit.
(7) An arrangement made under subsection (2) shall come to an end if—
(a) the proposals are withdrawn, or
(b) the Secretary of State rejects them under section 43.
(8) An arrangement made under this section, other than one which has been brought to an end under subsection (7), shall come to an end when the requirement for there to be an instrument of government for the school takes effect under section 99.
Schedule 9 has effect in relation to the constitution, membership and proceedings of, and other matters relating to, temporary governing bodies.
(1) The requirement for there to be an instrument of government for a school (imposed by section 76) shall take effect in relation to a new school from the date on which the relevant proposals are implemented.
(2) Where a question arises as to which date is to be taken for the purposes of this section to be the date on which the relevant proposals are implemented, it shall be determined by the Secretary of State.
(3) Schedule 10 has effect in relation to the transition from a temporary governing body to a governing body constituted under an instrument of government.
(1) This section applies for the purposes of grouping a new school under section 89 with effect from the relevant time.
(2) Any provision of sections 89 to 91 which operates by reference to the existence or absence of any particular circumstances in the case of a school, or to the status of a school, shall be treated (so far as necessary for the purposes mentioned in subsection (1) above) as so operating by reference to the position as it will be at the relevant time.
(3) In addition section 91 shall have effect for those purposes as if any reference to a school’s governing body were a reference to its temporary governing body.
(4) In this section “the relevant time”, in relation to a new school, means the time when the requirement for there to be an instrument of government for the school takes effect under section 99.
(1) In this Part “scheme” means a scheme made by a local education authority under section 103 (including one that is to be treated as so made by virtue of section 104(6)) as from time to time revised under sections 111 to 114.
(2) In this Part “the local education authority”, in relation to a scheme, means the local education authority who made (or are to be treated as having made) the scheme.
(3) For the purposes of this Part—
(a) a local education authority’s “general schools budget” for a financial year is the amount appropriated by the authority for meeting expenditure in the year in respect of all schools required to be covered in the year by any scheme made by the authority (other than non-qualifying expenditure);
(b) a local education authority’s “aggregated budget” for a financial year under a scheme is the part (determined as mentioned in section 105) of the authority’s general schools budget for the year which is available for allocation to individual schools under the scheme; and
(c) a school’s “budget share” for a financial year under a scheme is the share of the local education authority’s aggregated budget for the year which is to be appropriated for the school under the scheme.
(4) In subsection (3)(a) “non-qualifying expenditure” means expenditure in respect of 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 19.
(5) In relation to any scheme any reference in subsection (3) to an amount is a reference to an amount determined (and from time to time revised) in accordance with the scheme.
(6) In this Part references to a school’s budget share for a financial year include references to that share as from time to time revised in accordance with the scheme under which it is determined.
For the purposes of this Part a school is required to be covered by a scheme in any financial year if either—
(a) immediately before the beginning of that year it is maintained by the local education authority as a county or voluntary school, or
(b) at any time during that year it becomes so maintained (whether by virtue of being newly established as a county or voluntary school or by virtue of becoming a county or voluntary school where it was not, immediately before it became so, a school of either description).
(1) Each local education authority shall have a scheme prepared in accordance with this Chapter and submitted for the approval of the Secretary of State in accordance with section 104.
(2) The scheme shall provide for—
(a) the determination, in respect of each financial year of the local education authority, of the budget share of each school required to be covered by the scheme in the year, and
(b) the delegation by the authority of the management of a school’s budget share for a financial year to the school’s governing body, where such delegation is required or permitted by or under the scheme.
(1) A scheme prepared by a local education authority under section 103 shall be submitted to the Secretary of State on or before such date as he may by order direct, either—
(a) generally; or
(b) in relation to any local education authority, or any class or description of such authorities, specified in the order.
(2) In preparing a scheme under that section a local education authority shall take into account any guidance given by the Secretary of State, whether—
(a) generally, or
(b) in relation to that authority or to any class or description of local education authorities to which that authority belongs,
as to the provisions he regards as appropriate for inclusion in the scheme.
(3) Before preparing such a scheme the 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 339 in the authority’s area, or
(ii) before becoming a grant-maintained 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 by paragraphs (b) and (c) above in respect of such schools, or such class or description of schools, as are specified in the notice.
(4) Such a scheme shall not come into force until it has been approved by the Secretary of State or until such date as he may, in giving his approval, specify; and the Secretary of State may approve such a scheme—
(a) either without modifications or with such modifications as he thinks fit after consulting the authority concerned; and
(b) subject to such conditions as he may specify in giving his approval.
(5) If in the case of any local education authority either—
(a) the authority fail to submit a scheme as required by subsection (1), or
(b) it appears to the Secretary of State that a scheme submitted by the authority as required by that subsection does not accord with any guidance given by him for the purposes of this section and cannot be made to do so merely by modifying it,
he may, after consulting the authority and such other persons as he thinks fit, impose a scheme making such provision of a description required to be made by a scheme under section 103 in relation to the financing by the authority of county and voluntary schools as he considers appropriate.
(6) A scheme imposed by the Secretary of State by virtue of subsection (5)—
(a) shall be treated as if made under 103 by the local education authority concerned; and
(b) shall come into force on such date as may be specified by the scheme.
(1) The part of a local education authority’s general schools budget for a financial year which is available for allocation to individual schools under a scheme (and as such constitutes the authority’s “aggregated budget” for the year under the scheme) is the amount remaining after deducting from the amount of the authority’s general schools budget for the year—
(a) the amount of any expenditure of the authority in the year on excepted heads or items of expenditure; and
(b) any other amounts which fall in accordance with the scheme to be deducted in determining the authority’s aggregated budget for the year.
(2) In subsection (1) “amount” means an amount determined (and from time to time revised) in accordance with the scheme.
(3) In subsection (1) “excepted heads or items of expenditure” means the following heads or items of expenditure (so far as taken into account in determining the authority’s general schools budget for the year)—
(a) all expenditure treated by the authority as expenditure of a capital nature;
(b) all expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan raised to meet expenditure falling within paragraph (a);
(c) expenditure falling to be taken into account in determining central government grants of any prescribed description; and
(d) such other items of expenditure as may be prescribed.