PART II continued CHAPTER II continued
(4) If, while a notice under subsection (1) is in force in respect of a foundation or voluntary school, the governing body inform the local education authority that they are unable or unwilling to carry on the school until the notice expires, the authority—
(a) may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and
(b) shall be entitled to use the school premises free of charge for that purpose.
(5) While the school is being so conducted—
(a) the authority shall keep the school premises in good repair, and
(b) any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.
(6) Despite the provisions of subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.
(7) A notice served under subsection (1) may not be withdrawn without the consent of the local education authority.
(8) If a foundation or voluntary school is discontinued under this section, the duty of the local education authority to maintain the school as a foundation or voluntary school shall cease.
(9) Nothing in section 29 or 33 applies to any such discontinuance of a foundation or voluntary school.
(10) Where—
(a) land occupied by a foundation or voluntary school is held by any trustees for the purposes of the school, and
(b) the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site,
then if the trustees (being entitled to do so) give any notice to the governing body which purports to terminate the school’s occupation of the land, any such notice shall not be effective to terminate its occupation of the land unless the requirements of subsection (11) are complied with in relation to the notice (without prejudice to any other statutory or other requirements falling to be so complied with).
(11) The requirements of this subsection are—
(a) that the period of notice must—
(i) be reasonable having regard to the length of time that would be required to discontinue the school (if the governing body chose to do so), and
(ii) in any event must not be less than two years; and
(b) that a copy of the notice must be given to the Secretary of State and the local education authority at the time when the notice is given to the governing body.
(12) Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school’s occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(b) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school’s occupation of both or all of them.
(13) If a question arises as to whether the termination of a school’s occupation of any land would have the result mentioned in subsection (10)(b) (including a question as to whether subsection (12) applies in any particular circumstances), it shall be determined by the Secretary of State.
(1) Where a local education authority intend—
(a) to establish a new community or foundation special school, or
(b) to make any prescribed alteration to such a school, or
(c) to discontinue such a school,
the authority shall publish their proposals under this section.
(2) Where the governing body of a foundation special school propose—
(a) to make any prescribed alteration to the school, or
(b) to discontinue the school,
the governing body shall publish their proposals under this section.
(3) Proposals under this section shall—
(a) contain such information, and
(b) be published in such manner,
as may be prescribed.
(4) Before publishing any proposals under this section, the relevant body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body shall have regard to any guidance given from time to time by the Secretary of State.
(5) Where any proposals published under this section relate to a school or proposed school in England, the relevant body shall send—
(a) a copy of the proposals, and
(b) such information in connection with those proposals as may be prescribed,
to the school organisation committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.
(6) Where any proposals published under this section relate to a school or proposed school in Wales, the relevant body shall send—
(a) a copy of the proposals, and
(b) such information in connection with those proposals as may be prescribed,
to the Secretary of State.
(7) The relevant body shall also send a copy of any proposals to which subsection (5) or (6) applies to such other bodies or persons as may be prescribed.
(8) Schedule 6 has effect (for both England and Wales) in relation to the procedure for dealing with proposals under this section and their implementation.
(9) In this section “the relevant body” means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).
(1) The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school, give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
(2) A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.
(3) Before giving a direction under subsection (1), the Secretary of State shall consult—
(a) the local education authority;
(b) any other local education authority who would in his opinion be affected by the discontinuance of the school;
(c) in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and
(d) such other persons as the Secretary of State considers appropriate.
(4) On giving a direction under subsection (1) the Secretary of State shall give notice in writing of the direction to the governing body of the school and its head teacher.
(5) Where a local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in section 31 or 33 applies to any such discontinuance of the school under this section.
(1) Except in pursuance of proposals falling to be implemented under paragraph 5 or 10 of Schedule 6—
(a) no maintained school shall be established or discontinued;
(b) no prescribed alteration shall be made to any such school; and
(c) no maintained nursery school shall be discontinued.
(2) No alteration falling within section 28(11)(a)(i) or (ii) shall be made to any maintained school.
(3) Subsection (1) has effect subject to sections 19(4), 30(9) and 32(5).
(4) Regulations may, in relation to proposals published under section 28, 29 or 31, require any of the following, namely—
(a) the body or promoters who published the proposals,
(b) the school organisation committee, and
(c) the adjudicator,
to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.
Schedule 7 (which provides for the Secretary of State to give directions to local education authorities and governing bodies to bring forward proposals for the rationalisation of school places, and for such proposals to be made by him) shall have effect.
(1) Schedule 8 makes provision for and in connection with—
(a) enabling a maintained school within one of the categories set out in section 20(1) to become a school within another of those categories, and
(b) in certain circumstances, requiring proposals to be published for a voluntary aided school to become a school within another of those categories;
and a maintained school may not so change its category otherwise than in accordance with that Schedule.
(2) Except in relation to a change of category from voluntary aided to voluntary controlled school for which proposals are required to be published by virtue of paragraph 3 of Schedule 8, that Schedule does not apply at any time before the end of such period as may be prescribed.
(1) Each maintained school shall have a governing body, which shall be a body corporate constituted in accordance with Schedule 9.
(2) Schedule 10 has effect in relation to the general powers of the governing body and other matters relating to it as a body corporate.
(3) Schedule 11 has effect in relation to the membership and proceedings of the governing body and other matters including the appointment of a clerk to, or to any committee of, the governing body.
(1) For every maintained school there shall be an instrument (known as the instrument of government) which determines the constitution of the governing body and other matters relating to the school.
(2) Schedule 12 has effect with respect to the contents and making of instruments of government and the review and variation of such instruments.
(3) The governing body of a maintained school shall not conduct the school under a name other than the one for the time being set out in the school’s instrument of government.
(1) Subject to any other statutory provision, the conduct of a maintained school shall be under the direction of the school’s governing body.
(2) The governing body shall conduct the school with a view to promoting high standards of educational achievement at the school.
(3) Regulations may—
(a) set out terms of reference for governing bodies of maintained schools;
(b) define the respective roles and responsibilities of governing bodies and head teachers of such schools, whether generally or with respect to particular matters, including the curriculum for such schools;
(c) confer functions on governing bodies and head teachers of such schools.
(4) The governing body of a maintained school shall, in discharging their functions, comply with—
(a) the instrument of government; and
(b) (subject to any other statutory provision) any trust deed relating to the school.
(1) The governing body of a maintained school shall in accordance with regulations—
(a) establish procedures for dealing with all complaints relating to the school other than those falling to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of any other statutory provision; and
(b) publicise the procedures so established.
(2) The governing body of a maintained school may require pupils in attendance at the school to attend at any place outside the school premises for the purpose of receiving any instruction or training included in the secular curriculum for the school.
(3) The governing body and head teacher of—
(a) a community or voluntary controlled school, or
(b) a community special school,
shall comply with any direction given to them by the local education authority concerning the health or safety of persons on the school’s premises or taking part in any school activities elsewhere.
Schedule 13 has effect in relation to the control by the governing body of a maintained school of the occupation and use of the school premises.
(1) In the case of a community, voluntary controlled or community special school—
(a) the local education authority shall determine the dates when the school terms and holidays are to begin and end; and
(b) the governing body shall determine the times of the school sessions.
(2) In the case of a foundation, voluntary aided or foundation special school the governing body shall determine—
(a) the dates and times when the school terms and holidays are to begin and end, and
(b) the times of the school sessions.
(3) Regulations may make provision—
(a) as to the procedure to be followed where the governing body of a school within subsection (1) propose to make any change in the times of the school sessions;
(b) as to the implementation of any such proposal;
(c) for enabling the local education authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school;
(d) that for all or any prescribed purposes of the regulations references to parents are to be read as excluding those who are not individuals.
(4) In this section “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.
(1) Once in every school year the governing body of a maintained school shall prepare a report (a “governors' report”) dealing with such matters, and otherwise complying with such requirements, as may be specified in regulations.
(2) Such regulations may—
(a) impose requirements on the governing body of a maintained school with respect to—
(i) the giving of copies of a governors' report to such persons as may be prescribed, and
(ii) making such copies available for inspection at the school;
(b) make provision for—
(i) enabling the governing body to determine the language or languages in which a governors' report is to be produced and the form or forms in which it is to be produced;
(ii) requiring them to comply with any direction given by the local education authority with respect to any additional language to be used or with respect to any additional form in which the report is to be produced.
(3) The governing body of a maintained school shall provide the local education authority with such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time) for the purposes of the exercise of any of their functions.
(4) The head teacher of a maintained school shall provide the governing body or (as the case may be) the local education authority with such reports in connection with the discharge of his functions as the governing body or the authority may require (either on a regular basis or from time to time) for the purposes of the exercise of any of their functions.
(5) Where a requirement under subsection (4) is imposed on the head teacher by the authority—
(a) the authority shall notify the governing body of that requirement; and
(b) the head teacher shall give the governing body a copy of any report made by him in complying with it.
(1) Once in every school year the governing body of a maintained school shall hold a meeting (an “annual parents' meeting”) which is open to—
(a) all parents of registered pupils at the school;
(b) the head teacher; and
(c) such other persons as the governing body may invite.
(2) The purpose of the meeting shall be to provide an opportunity for discussion of—
(a) the governors' report;
(b) the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school;
(c) the aims and values of the school;
(d) how the spiritual, moral, cultural, mental and physical development of pupils is to be promoted at the school;
(e) how pupils are to be prepared for the opportunities, responsibilities and experiences of adult life and citizenship;
(f) the standards of educational achievement of pupils; and
(g) how the governing body are to promote the good behaviour, discipline and well-being of pupils.
(3) A governing body may, however, refrain from holding an annual parents' meeting in a particular school year if—
(a) the school is a community or foundation special school which is established in a hospital and the governing body are of the opinion that it would be impracticable to hold such a meeting in that year; or
(b) the school is a maintained school other than one within paragraph (a), the governing body are of the opinion that it would be impracticable to hold such a meeting in that year, and at least 50 per cent. of the registered pupils at the school are boarders at the time when they form that opinion.
(4) Regulations may make provision—
(a) for the proceedings at an annual parents' meeting to be under the control of the governing body;
(b) as to the procedure to be followed at any such meeting, including provision restricting the right to vote on any question put to the meeting to parents of registered pupils at the school;
(c) imposing requirements on the governing body, the head teacher and the local education authority in relation to resolutions which have been passed at any such meeting, including requirements framed by reference to any opinion formed by the governing body;
(d) for enabling the governing body or (as the case may be) the local education authority to determine, for any purposes of the regulations, whether any person is to be treated as the parent of a registered pupil at the school.
(1) Where proposals for the establishment of a maintained school fall to be implemented under paragraph 5 or 10 of Schedule 6, the local education authority shall make arrangements providing for the constitution of a temporary governing body for the school.
(2) Once constituted in accordance with arrangements made under subsection (1) the temporary governing body shall continue in existence until such time as the governing body are constituted for the school under an instrument of government.
(3) The local education authority shall secure that the governing body are so constituted—
(a) as soon as is reasonably practicable after the time when the requirement for there to be an instrument of government for the school takes effect in accordance with subsection (4), and
(b) in any event not later than the last day of the term in which the school first admits pupils.
(4) The requirement for there to be an instrument of government for a school (imposed by section 37) shall take effect in relation to a school falling within subsection (1) above as from the school opening date; and for the purposes of this Part proposals for the establishment of a maintained school shall be taken to be implemented on that date.
(5) Regulations may make provision with respect to—
(a) the making and termination of arrangements for the constitution of temporary governing bodies, including such arrangements made in anticipation of proposals falling to be implemented as mentioned in subsection (1);
(b) the constitution, meetings and proceedings of temporary governing bodies, the payment of allowances to temporary governors, and the appointment of clerks to such bodies;
(c) the transition from a temporary governing body to a governing body constituted under an instrument of government; and
(d) such other matters relating to temporary governing bodies as the Secretary of State considers appropriate.
(6) Regulations under subsection (5) may, in connection with any matters falling within that subsection—
(a) modify any provision made by or under any of Schedules 9 to 12;
(b) apply any such provision with or without modifications;
(c) make provision corresponding or similar to any such provision.
(7) Subject to subsection (8), the temporary governing body of a school shall be treated for the purposes of the Education Acts as if they were the governing body during the period—
(a) beginning with the school opening date, and
(b) ending with the time when the governing body are constituted for the school under an instrument of government;
and for the purposes of sections 495 to 498 of the [1996 c. 56.] Education Act 1996 (general default powers of the Secretary of State) the temporary governing body of a school shall also be so treated at any time falling before the school opening date.
(8) Despite subsection (7), nothing in any of the following provisions, namely—
(a) section 36,
(b) section 37(1) or (2), or
(c) (subject to any regulations made by virtue of subsection (5)) any of Schedules 9 to 12,
applies to any temporary governing body.
(9) In this Part “school opening date”, in relation to a new maintained school, means the date when the school first admits pupils.
(1) For the purposes of the financing of maintained schools by local education authorities, every such school shall have, for each financial year, a budget share which is allocated to it by the authority which maintains it.
(2) Sections 46 and 47 have effect for determining the amount of a school’s budget share for a financial year.
(3) In this Chapter—
(a) references to schools maintained by a local education authority do not include schools which are not maintained schools as defined by section 20(7);
(b) references, in a context referring to a local education authority, to a maintained school or to a school maintained by such an authority shall be read as including a new school—
(i) which on implementation of proposals under section 28 or 31 or paragraph 5 of Schedule 7 will be a community, foundation or voluntary school or a community or foundation special school maintained by the authority, and
(ii) which has a temporary governing body; and
(c) references to the governing body of a maintained school or of a school maintained by a local education authority shall accordingly be read as including the temporary governing body of a new school falling within paragraph (b).
(4) In this Chapter “new school” (without more) has the meaning given by section 72(3).
(1) For the purposes of this Part a local education authority’s “local schools budget” for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection (which may include expenditure incurred otherwise than in respect of schools).
(2) For the purposes of this Part a local education authority’s “individual schools budget” for a financial year is the amount remaining after deducting from the authority’s local schools budget for that year such planned expenditure by the authority in respect of the year as they may determine should be so deducted in accordance with regulations.
(3) Regulations under subsection (2) may—
(a) prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority’s local schools budget; and
(b) provide, in relation to any prescribed class or description of expenditure specified in the regulations, that such expenditure may only be so deducted subject to either or both of the following, namely—
(i) such limit or limits (however framed) as may be specified by the regulations; and
(ii) such other conditions as may be so specified.
(1) For the purposes of this Part a maintained school’s budget share for a financial year is such amount as the local education authority may determine, in accordance with regulations, to allocate to the school out of the authority’s individual schools budget for that year.
(2) Regulations under this section may, in particular, make provision—
(a) as to the time when schools' budget shares are to be initially determined by local education authorities;
(b) specifying—
(i) factors or criteria which such authorities are to take into account, or
(ii) requirements as to other matters with which such authorities are to comply,
in determining such shares, whether generally or in such cases as are specified in the regulations;
(c) requiring adjustments to be made to such shares by such authorities in respect of—
(i) pupils permanently excluded from schools maintained by them, or
(ii) pupils admitted to schools maintained by them who have been permanently excluded from other maintained schools;
(d) as to the treatment of new schools, including provision authorising the determination of nil amounts as the budget shares of such schools;
(e) authorising or requiring such authorities to take account of matters arising during the course of a financial year—
(i) by redetermining budget shares for that year, or
(ii) by making adjustments to such shares for the following year,
in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;
(f) requiring consultation to be carried out by such authorities in relation to the factors or criteria which are to be taken into account in determining such shares and as to the time and manner of such consultation;
(g) enabling the Secretary of State, where it appears to him to be expedient to do so, to authorise such authorities to determine (or redetermine) budget shares, to such extent as he may specify, in accordance with arrangements approved by him (in place of those provided for by the regulations).
(3) Regulations made in pursuance of subsection (2)(c) may provide for the adjustments to be made on such basis as may be prescribed, which may involve the deduction from one school’s budget share of an amount which is greater or less than that allocated to another school’s budget share in respect of the excluded pupil.
(1) Each local education authority shall prepare a scheme dealing with such matters connected with the financing of the schools maintained by the authority as are required to be dealt with in the scheme by or by virtue of—
(a) regulations made by the Secretary of State; or
(b) any provision of this Part.
(2) Regulations under subsection (1) may, in particular, require a scheme to deal with—
(a) the carrying forward from one financial year to another of surpluses and deficits arising in relation to schools' budget shares;
(b) amounts which may be charged against schools' budget shares;
(c) amounts received by schools which may be retained by their governing bodies and the purposes for which such amounts may be used;
(d) the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the management of their delegated budgets, including conditions prescribing financial controls and procedures;
(e) terms on which services and facilities are provided by the authority for schools maintained by them.
(3) Where there is any inconsistency between a scheme prepared by a local education authority under subsection (1) and any other rules or regulations made by the authority which relate to the funding or financial management of schools which they maintain, the terms of the scheme shall prevail.
(4) Schedule 14 (which provides for the approval or imposition of schemes by the Secretary of State and for the revision of schemes) shall have effect.
(5) In this Part any reference to “the scheme”, in relation to a maintained school, is a reference to the scheme prepared (or by virtue of paragraph 1(6) of Schedule 14 treated as prepared) by the local education authority under this section, as from time to time revised under paragraph 2 of that Schedule.