Education Act 1996 (c. 56)

PART II

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Part II Schools maintained by local education authorities

Chapter I Preliminary

31 County schools and voluntary schools

(1) A primary or secondary school which is maintained by a local education authority is a county school if—

(a) it was established by a local education authority, or

(b) it was not so established but—

(i) it has been maintained as a county school since before the commencement of this Act, or

(ii) it is maintained as a county school in pursuance of proposals under section 35(1)(b), or

(iii) it is maintained as a county school in pursuance of an order under section 50.

(2) A primary or secondary school which is maintained by a local education authority is a voluntary school if it is not within paragraph (a) or (b) of subsection (1).

(3) Nothing in this section applies to—

(a) a nursery school;

(b) a special school; or

32 Categories of voluntary schools: controlled, aided and special agreement schools

(1) There are three categories of voluntary school—

(a) controlled schools,

(b) aided schools, and

(2) A voluntary school is a controlled school if no order such as is mentioned in subsection (3) or (4) is in force in respect of it.

(3) A voluntary school is an aided school if there is in force an order to that effect made under section 48, 51, 54 or 58 of this Act (or under section 15 of the [1944 c. 31.] Education Act 1944, section 2 of the [1946 c. 50.] Education Act 1946 or section 54 of the [1986 c. 61.] Education (No. 2) Act 1986).

(4) A voluntary school is a special agreement school if there is in force an order to that effect made under section 15 of the Education Act 1944 (which provided for the making of such an order where a special agreement had been made in respect of a school).

(5) In this Act “special agreement” means an agreement made under Schedule 3 to the Education Act 1944 or deemed to have been so made by virtue of paragraph 11 of that Schedule (agreement providing for the making of a grant by a local education authority to persons specified in the agreement in consideration of their execution of proposals for the establishment of a school or the alteration of the premises of a school).

(6) Schedule 5 to this Act (which reproduces certain of the provisions of Schedule 3 to that Act) has effect in relation to special agreements.

33 Maintained nursery schools and maintained special schools

(1) In this Act—

“maintained nursery school” means a nursery school which is maintained by a local education authority; and
“maintained special school” means (in accordance with section 337(3)) a special school which is maintained by a local education authority.

(2) Chapter II of Part IV (special educational needs) has effect in relation to the establishment and approval of schools as maintained special schools.

34 Meaning of “maintain” etc

(1) In this Act—

(a) in relation to a school maintained (or proposed to be maintained) by a local education authority, “the local education authority” means that authority; and

(b) in relation to schools falling within subsections (2) to (5), “maintain” shall be read in accordance with those subsections.

(2) In the case of a county school, a maintained nursery school or a maintained special school, the local education authority’s duty to maintain the school includes the duty of defraying all the expenses of maintaining it.

(3) In the case of a controlled school, the local education authority’s duty to maintain the school includes—

(a) the duty of defraying all the expenses of maintaining it, and

(b) the duty under section 60 of providing new premises for the school under and in accordance with that section.

(4) In the case of an aided or special agreement school, the local education authority’s duty to maintain the school includes—

(a) the duty of defraying all the expenses of maintaining it, except any expenses that by virtue of section 59 or a special agreement are payable by the governing body, and

(b) the duty under section 61 of providing new premises for the school under and in accordance with that section.

(5) It is hereby declared that for the purposes of this Act the expenses of maintaining a voluntary school include the payment of rates.

Chapter II Establishment, alteration etc. of county and voluntary schools

County schools: establishment, alteration or change of site

35 County school: proposals for establishment, alteration or new site

(1) Where a local education authority intend—

(a) to establish a new county school,

(b) to maintain as a county school a school which is not for the time being a county school,

(c) to make any significant change in the character, or any significant enlargement of the premises, of a county school, or

(d) to transfer a county school to a new site in the area,

then (subject to subsections (2) and (8)) they shall publish their proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(2) The requirement to publish proposals under subsection (1)(d) does not apply in relation to the transfer of a county school to a new site if—

(a) the school is intended to return to its existing site within three years of the time of the transfer; or

(b) the local education authority are satisfied that it is expedient that the school should be transferred to the new site either—

(i) because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the standards prescribed under section 542, or

(ii) in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning; or

(c) the transfer is authorised by an order made under section 16(1) of the [1944 c. 31.] Education Act 1944 (transfer of county schools etc. to new sites).

(3) Proposals published under this section shall include particulars—

(a) of the time or times at which it is intended to implement the proposals, and

(b) of the number of pupils intended to be admitted to the school in each relevant age group in the first school year in relation to which the proposals have been wholly implemented,

and shall be accompanied by a statement of the effect of section 36.

(4) For the purposes of subsection (3)(b) pupils intended to be admitted to the school for nursery education shall be disregarded, and pupils—

(a) already admitted to the school for nursery education, and

(b) intended to be transferred to a reception class at the school,

shall be treated as intended to be admitted to the school on their transfer.

(5) Before publishing any proposals under this section a 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.

(6) Before publishing any proposals under subsection (1)(c) which (if implemented) would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the local education authority shall consult the appropriate further education funding council.

(7) Before formulating any proposals under subsection (1)(c) or (d) in respect of a school which is (within the meaning of Part III) eligible for grant-maintained status, the local education authority shall consult the school’s governing body.

(8) No proposals shall be published under this section in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved under section 194.

36 Objections to proposals under section 35

(1) Objections to any proposals published by a local education authority under section 35 may be submitted to the authority by any of the following—

(a) any ten or more local government electors for the authority’s area,

(b) the governing body of any school affected by the proposals,

(c) 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), and

(d) any other local education authority concerned.

(2) Objections may be so submitted within the period of two months after the first publication of the proposals.

(3) Where—

(a) an order under section 27 (allocation of responsibility for providing sufficient school places) applies to the area of a local education authority, and

(b) the authority publish proposals under section 35 which affect the provision of relevant education in that area,

the funding authority shall be included among the persons who may submit objections under subsection (1) to the proposals.

(4) Within one month after the end of the period mentioned in subsection (2), the local education authority by whom the proposals were published shall transmit to the Secretary of State copies of all objections made (and not withdrawn in writing) within that period, together with the authority’s observations on them.

(5) For the purposes of this section proposals under section 35 shall be taken to have been first published—

(a) on the day on which the requirements of regulations with respect to the publication of the proposals are satisfied; or

(b) where different such requirements are satisfied on different days, on the last of those days.

(6) Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (5) be taken to be satisfied on the first day in respect of which it is satisfied.

37 Approval or rejection by Secretary of State of proposals under section 35

(1) Proposals published by a local education authority under section 35 require the approval of the Secretary of State if subsection (2), (3) or (4) applies.

(2) This subsection applies if the proposals are for the maintenance as a county school of a school which is for the time being a voluntary school.

(3) This subsection applies if either—

(a) the Secretary of State, within two months after the submission to him of the published proposals, gives notice to the local education authority that the proposals require his approval, or

(b) objections have been made under section 36 and any of them have not been withdrawn in writing within the period specified in subsection (2) of that section.

(4) This subsection applies if either—

(a) the proposals are first published after proposals for acquisition of grant-maintained status for the school have been published under section 193 but before those proposals are determined or withdrawn, or

(b) after the proposals have first been published but before they are determined or withdrawn, proposals for acquisition of grant-maintained status for the school are published under section 193;

and references in this subsection to proposals being first published shall be construed in accordance with section 36(5) and (6).

(5) Where any proposals require the approval of the Secretary of State under this section, he may (subject to subsections (6) to (8))—

(a) reject them,

(b) approve them without modification, or

(6) In a case where subsection (2) applies, the Secretary of State shall not approve the proposals unless he has, in accordance with Schedule 6, approved an agreement under that Schedule between the local education authority and the school’s governing body for the transfer to the authority of all necessary interests in the school premises.

(7) In a case where subsection (4) applies, the Secretary of State—

(a) shall consider both sets of proposals together, but

(b) shall not determine the proposals published under section 35 until he has made his determination with respect to the proposals published under section 193.

(8) If the Secretary of State approves the proposals published under section 193, he shall approve the proposals published under section 35 if—

(a) they are proposals under subsection (1)(c) or (d) of that section, and

(b) the governing body incorporated under section 195 give their consent,

but otherwise he shall reject the proposals published under section 35.

(9) Any proposals under section 35(1)(c) or (d) which are approved under subsection (8) shall be treated for the purposes of Part III (grant-maintained schools) as if they had been—

(a) published under section 259 (change of character etc. of grant-maintained school), and

(b) approved under section 261,

and section 262 (approval of school premises) shall apply accordingly.

38 Determination by LEA whether to implement proposals under section 35

(1) Where any proposals published by a local education authority under section 35 do not require the approval of the Secretary of State under section 37, the authority shall determine whether the proposals should be implemented.

(2) The determination must be made not later than four months after the submission of the proposals to the Secretary of State under section 35.

(3) A local education authority shall notify the Secretary of State of any determination made by them under this section.

39 Approval of school premises

(1) Where a local education authority publish proposals under section 35, they shall submit to the Secretary of State for his approval such particulars with respect to the premises or proposed premises of the school as he may require.

(2) The particulars shall be so submitted at such time, and in such form and manner, as the Secretary of State may direct.

(3) Schedule 6 has effect in relation to agreements for the transfer of premises in pursuance of proposals for a voluntary school to become a county school, and the approval of such agreements by the Secretary of State.

40 Implementation of proposals under section 35, etc

(1) Subject to subsection (3), a local education authority shall implement any proposals of theirs—

(a) which have been approved by the Secretary of State under section 37, or

(b) which they have determined under section 38 to implement.

(2) Where any particulars have been submitted under section 39 in connection with the proposals, the proposals shall be implemented in accordance with the particulars as approved by the Secretary of State.

(3) The Secretary of State may, at the request of a local education authority, modify any proposals which the authority are required to implement by virtue of this section.

(4) Subject to subsection (5), neither a local education authority nor any other person shall do or undertake to do anything for which proposals are required to be published and submitted under section 35 until the requirements of that section and section 39 have been complied with and any approval necessary under section 37 or 39 has been given.

(5) The Secretary of State may in any case allow such steps to be taken pending compliance with any such requirements and the giving of any such approval as he considers reasonable in the circumstances.

Voluntary schools: establishment, alteration or change of site

41 Voluntary school: proposals for establishment, alteration or new site

(1) Where any persons propose—

(a) that a school which they or persons whom they represent propose to establish should be maintained by a local education authority as a voluntary school, or

(b) that a school established by them or by persons whom they represent which is not a voluntary school should be so maintained as a voluntary school,

then (subject to subsection (9)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(2) Where the governing body of a school which is maintained by a local education authority as a voluntary school intend—

(a) to make a significant change in the character, or a significant enlargement of the premises, of the school, or

(b) to transfer the school to a new site,

then (subject to subsections (3) and (9)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(3) The requirement to publish proposals under subsection (2)(b) does not apply in relation to the transfer of a voluntary school to a new site if—

(a) the transfer is authorised by an order made under section 47(1) of this Act (or under section 16(1) of the [1944 c. 31.] Education Act 1944); or

(b) the school is intended to return to its existing site within three years of the time of the transfer.

(4) No proposals under subsection (1) shall be approved by the Secretary of State under section 43 if the school or proposed school is to provide—

(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 years;

and the reference in subsection (2)(a) to a change in the character of a school does not include a change in character resulting only from persons beginning or ceasing to be provided with education falling within paragraph (a) or (b) above.

(5) Proposals published under this section shall include particulars—

(a) of the time or times at which it is intended to implement the proposals, and

(b) of the number of pupils intended to be admitted to the school in each relevant age group in the first school year in relation to which the proposals have been wholly implemented;

and shall be accompanied by a statement of the effect of section 42.

(6) For the purposes of subsection (5)(b) pupils intended to be admitted to the school for nursery education shall be disregarded, and pupils—

(a) already admitted to the school for nursery education, and

(b) intended to be transferred to a reception class at the school,

shall be treated as intended to be admitted to the school on their transfer.

(7) Before publishing any proposals under this section, the persons concerned shall—

(a) in the case of proposals under subsection (1), consult the local education authority, and

(b) in the case of proposals under either subsection (1) or subsection (2), 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.

(8) Before publishing any proposals under subsection (2)(a) which (if implemented) would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall consult the appropriate further education funding council.

(9) No proposals shall be published under this section in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved under section 194.

42 Objections to proposals under section 41

(1) Objections to any proposals published under section 41 may be submitted to the Secretary of State by any of the following—

(a) any ten or more local government electors for the area of the local education authority referred to in subsection (1) or (as the case may be) subsection (2) of that section,

(b) the governing body of any school affected by the proposals,

(d) any local education authority concerned.

(2) Objections may be so submitted within the period of two months after the first publication of the proposals.

(3) Where the proposals are to transfer a school to a site in a different area, objections under subsection (1) to the proposals may also be so submitted by any ten or more local government electors for that area.

(4) Where—

(a) an order under section 27 applies to the area of a local education authority, and

(b) any persons publish proposals under section 41 which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections under subsection (1) above to the proposals.

(5) For the purposes of this section proposals under section 41 shall be taken to have been first published—

(a) on the day on which the requirements of regulations with respect to the publication of the proposals are satisfied; or

(b) where different such requirements are satisfied on different days, on the last of those days.

43 Approval or rejection by Secretary of State of proposals under section 41

(1) Proposals published under section 41 require the approval of the Secretary of State.

(2) The Secretary of State may (subject to subsections (3) to (6))—

(a) reject such proposals,

(b) approve them without modification, or

(c) after consultation with the persons making the proposals and the local education authority by whom the school is, or is to be, maintained, approve them with such modifications as he thinks desirable.

(3) This subsection applies if either—

(b) after the proposals have first been published but before they are determined or withdrawn, proposals for acquisition of grant-maintained status for the school are published under section 193;

and references in this subsection to proposals being first published shall be construed in accordance with section 42(5) and (6).

(4) In a case where subsection (3) applies, the Secretary of State—

(a) shall consider both sets of proposals together, but

(b) shall not determine the proposals published under section 41 until he has made his determination with respect to the proposals published under section 193.

(5) If the Secretary of State approves the proposals published under section 193, he—

(a) shall approve the proposals published under section 41 if they were made for the purpose of ensuring consistency in the provision of education made in the area of the local education authority, but

(b) shall otherwise reject the proposals published under that section.

(6) Any proposals under section 41 which are approved under subsection (5) shall be treated for the purposes of Part III as if they had been—

(a) published under section 259 (change of character etc. of grant-maintained school), and

(b) approved under section 261,

and section 262 (approval of school premises) shall apply accordingly.

(7) Where the proposals published under section 41 are to transfer the school to a site in a different area, subsection (2)(c) above requires consultation with the local education authority by whom the school is maintained as well as with the authority by whom it is to be maintained.

44 Approval of school premises

(1) Where any proposals are published under section 41, the persons making the proposals shall submit to the Secretary of State for his approval such particulars in respect of the premises or proposed premises of the school as he may require.

(2) The particulars shall be so submitted at such time, and in such form and manner, as the Secretary of State may direct.

(3) Before submitting any particulars under this section, the persons making the proposals shall consult the local education authority by whom the school is, or is to be, maintained.

(4) Where the proposals published under section 41 are to transfer the school to a site in a different area, subsection (3) requires consultation with the local education authority by whom the school is to be maintained.

45 Implementation of proposals under section 41, etc

(1) Subject to subsections (2) and (4), where any proposals are approved under section 43, they shall be implemented—

(a) in the case of proposals published under section 41(1), by the persons making them or the persons whom they represent (as the case may require) and by the local education authority referred to in that subsection, or

(b) in the case of proposals published under section 41(2), by the school’s governing body.

(2) Subject to subsection (4), it shall be the duty of the local education authority—

(a) in the case of any proposals so approved for the transfer of a controlled school to a new site, 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, to implement so much of any proposals so approved as relates to the provision of—

(i) playing fields, or

(ii) buildings which are to form part of the school premises but are not to be school buildings.

(3) Where any particulars have been submitted under section 44 in connection with the proposals, the proposals shall be implemented in accordance with the particulars as approved by the Secretary of State.

(4) The Secretary of State may modify any proposals required to be implemented by virtue of this section, but shall do so—

(a) in the case of proposals published under section 41(1), only at the request of the local education authority referred to in that subsection, and

(b) in the case of proposals published under section 41(2), only at the request of the governing body of the school.

(5) Subject to subsection (6), no person shall do or undertake to do anything for which proposals are required to be published and submitted under section 41 until the requirements of that section and section 44 have been complied with and any approval necessary under section 43 or 44 has been given.

(6) The Secretary of State may in any case allow such steps to be taken pending compliance with any such requirements and the giving of any such approval as he considers reasonable in the circumstances.

(7) Where proposals for the transfer of a school to a site in a different area are approved under section 43, then—

(a) in the case of any voluntary school—

(i) the reference in subsection (2) above to the local education authority is to be read as referring 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, section 60 (together with section 62) shall apply as if the duty to maintain the school had been transferred to the local education authority for the new area.

46 Establishment of a new voluntary school in substitution for an old one

(1) This section applies where—

(a) proposals for the establishment of any school or schools are submitted to the Secretary of State under section 41(1); and

(b) in connection with those proposals it is claimed that the school or schools should be maintained by the local education authority as a voluntary school or voluntary schools in substitution for any other voluntary school or schools (whether maintained by that or another local education authority) which is or are to be discontinued.

(2) If the Secretary of State—

(a) approves the proposals under section 43, and

(b) is satisfied that the new school or schools will be maintained as mentioned in subsection (1)(b) above,

he may by order direct that the new school or schools shall be established in substitution for the school or schools which is or are to be discontinued.

(3) Where an order is made under this section, section 173 shall not apply with respect to the discontinuance of that school or those schools.

(4) Before making an order under this section, the Secretary of State shall consult—

(a) any local education authority who in his opinion will be affected by the making of the order; and

(b) the governing body of any voluntary school which in his opinion will be so affected.

(5) An order under this section may—

(a) impose such conditions on any such local education authority or governing body, and

(b) contain such incidental and consequential provisions,

as the Secretary of State thinks fit.