(1) After section 23 of SSFA 1998 insert—
(1) This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.
(2) Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.
(3) Condition B is that the school—
(a) acquired its foundation, or
(b) became a school whose instrument of government provides for the majority of governors to be foundation governors,
in pursuance of proposals falling to be implemented under regulations under section 24 of that Act.
(4) Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 24 of that Act and has an instrument of government providing for the majority of governors to be foundation governors.
(5) No institution may act as the foundation of a school to which this section applies unless—
(a) it is a body corporate of a prescribed description,
(b) it is a charity (whether by virtue of section 23(3) or otherwise), and
(c) it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.
(6) The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.
(7) Where any members of the foundation are to be local authorities or persons appointed by local authorities, the proportion of voting rights exercisable by such members must not exceed 20 per cent. of the total voting rights exercisable by members.
(8) Where any of the charity trustees in relation to the foundation are to be appointed by local authorities—
(a) the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and
(b) the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.
(9) Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.
(10) In this section and section 23B—
“charity” has the same meaning as in the Charities Act 1993;
“charity trustee”, in relation to a school to which this section applies, means any individual who is for the purposes of the Charities Act 1993 a charity trustee in relation to the school’s foundation;
“foundation” means a foundation established otherwise than under this Act;
“institution” has the same meaning as in the Charities Act 1993;
“purpose” includes object.
(1) Regulations may make provision enabling the Secretary of State in prescribed cases by direction—
(a) to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;
(b) to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).
(2) Regulations under subsection (1) may make provision as to the effect of a direction given by the Secretary of State under the regulations, and may in particular provide for any such direction to have the same effect as an order of the Charity Commission for England and Wales under section 18 of the Charities Act 1993 for the removal or appointment of a charity trustee.
(3) Nothing in this section affects the powers of the Charity Commission for England and Wales under any enactment.”
(2) In relation to any time before the commencement of section 1A(1) of the Charities Act 1993 (c. 10) (which provides for the establishment of the Charity Commission for England and Wales as a body corporate), any reference in section 23B of SSFA 1998 (as inserted by subsection (1) of this section) to the Charity Commission for England and Wales is to be read as a reference to the Charity Commissioners for England and Wales.
After section 23 of EA 2002 insert—
(1) A school is for the purposes of this section a “qualifying school” if—
(a) it is a foundation or foundation special school in England,
(b) it has a foundation established otherwise than under the School Standards and Framework Act 1998, and
(c) the instrument of government for the school provides that the majority of governors are to be foundation governors.
(2) The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.
(3) The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.
(4) Regulations may make provision as to—
(a) the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,
(b) eligibility for election or appointment,
(c) the duration of membership, and
(d) meetings and proceedings of a parent council.
(5) Regulations—
(a) must require the majority of members of a parent council to be parent members, and
(b) may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.
(6) Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.
(7) The governing body of a qualifying school must, in exercising their functions under this section with respect to the school’s parent council, have regard to any guidance given from time to time by the Secretary of State.
(8) The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.
(9) In this section “parent member”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.”
(1) Part 2 of Schedule 3 to SSFA 1998 (funding of voluntary aided schools) is amended as follows.
(2) In paragraph 3, as it applies in relation to England, omit sub-paragraph (3) (the definition of “capital expenditure” for the purposes of the Schedule).
(3) After paragraph 9 insert—
9A (1) This paragraph applies for the purposes of this Schedule as it applies in relation to England.
(2) Subject to sub-paragraphs (3) and (4), references in this Schedule to capital expenditure, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, are references to—
(a) expenditure of the body or, as the case may be, the promoters which falls to be capitalised in accordance with proper accounting practices, or
(b) expenditure which would fall to be so capitalised were it to be incurred by the body or, as the case may be, the promoters.
(3) The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to—
(a) any appropriate body, or any prescribed class or description of appropriate body;
(b) any promoters, or any prescribed class or description of promoters.
(4) The Secretary of State may by direction provide that, in the case of a particular voluntary aided school—
(a) expenditure of a particular appropriate body which is expenditure of a particular class or description;
(b) expenditure of particular promoters which is expenditure of a particular class or description,
is to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to that body, or as the case may be, those promoters.
(5) Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.
(6) In this paragraph an “appropriate body”, in the case of a voluntary aided school, means—
(a) the governing body of the school, or
(b) a relevant body in relation to the school (within the meaning of paragraph 5).
9B (1) For the purposes of paragraph 9A, “proper accounting practices”, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, means those accounting practices—
(a) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the appropriate body, or as the case may be, the promoters, or
(b) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local education authority.
(2) In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.
(3) In this paragraph an “appropriate body”, in the case of a voluntary aided school, has the same meaning as in paragraph 9A.”
Schedule 4 contains amendments of—
(a) Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary or foundation special schools and disposals on discontinuance), and
(b) section 77 of that Act (control of disposals or changes of use of school playing fields in relation to England),
and amendments which are consequential to those amendments.
(1) In section 58 of SSFA 1998 (appointment and dismissal of certain teachers at schools with a religious character), omit subsection (4) (which prevents the head teacher of a foundation or voluntary controlled school being a reserved teacher).
(2) In section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character)—
(a) in subsection (4), after “(whether foundation or voluntary controlled)” insert “in a case where the head teacher is not to be a reserved teacher”, and
(b) in subsection (6), after “voluntary aided school” insert “in Wales”.
(1) In section 21 of EA 2002 (general responsibility for conduct of school) after subsection (4) insert—
“(5) The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—
(a) promote the well-being of pupils at the school, and
(b) in the case of a school in England, promote community cohesion.
(6) The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people’s plan.
(7) In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.
(8) In this section “well-being”—
(a) in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and
(b) in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.
(9) In this section “relevant children and young people’s plan” means—
(a) in relation to a school in England—
(i) any plan published by the local education authority under section 17 of the Children Act 2004 (children and young people’s plans: England), or
(ii) in a case where the local education authority are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section, and
(b) in relation to a school in Wales—
(i) any plan published by the local education authority under section 26 of the Children Act 2004 (children and young people’s plans: Wales), or
(ii) in a case where the local education authority are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section.”
(2) In section 28 of that Act (limit on power to provide community facilities etc.), after subsection (4) insert—
“(4A) In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people’s plan.
(4B) In subsection (4A) “relevant children and young people’s plan” has the meaning given by section 21(9).
(4C) In exercising the power under section 27(1), the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils in circumstances where subsection (4)(a)(iii) does not apply.”
(1) No admission arrangements for a community, foundation or voluntary school may make provision for selection by ability unless—
(a) they make provision for one of the permitted forms of such selection mentioned in section 99(2) of SSFA 1998, or
(b) the school is a grammar school.
(2) For the purposes of subsection (1) a school’s admission arrangements make provision for selection by ability if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability.
(3) In this section—
“ability” means either general ability or ability in any particular subject or subjects;
“admission arrangements” has the meaning given by section 88(2) of SSFA 1998;
“grammar school” has the meaning given by section 104(7) of SSFA 1998;
“relevant age group” has the meaning given by section 142(1) of SSFA 1998.
(4) In section 99 of SSFA 1998—
(a) omit subsection (1) (which is re-enacted as subsection (1) of this section), and
(b) in subsection (2) after “are” insert “for the purposes of section 39(1) of the Education and Inspections Act 2006”.
(1) Section 84 of SSFA 1998 (code of practice) is amended in accordance with subsections (2) to (7).
(2) In subsection (1)—
(a) for “a code of practice containing such practical guidance” substitute “a code for school admissions containing such provision”, and
(b) after paragraph (b) insert—
“(ba) admission forums,”.
(3) In subsection (2), for the words from “include” to “other matters” substitute “impose requirements, and may include guidelines setting out aims, objectives and other matters,”.
(4) In subsection (3), for “to have regard to” substitute “to act in accordance with”.
(5) In subsection (5), omit “of practice” (in each place where it occurs).
(6) In subsection (6), after the definitions of “admission arrangements” and “the admission authority” insert—
““admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;”.
(7) In the heading, and in the italic cross-heading immediately before section 84, for “of practice” substitute “for school admissions”.
(8) In section 85 of SSFA 1998 (making and approval of code of practice)—
(a) in subsection (1) omit “of practice”, and
(b) for the heading substitute “Making and approval of code for school admissions”.
(9) In relation to a code for school admissions issued under section 84(1) of SSFA 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.
(1) Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) is amended as follows.
(2) In section 85A (admission forums), in subsection (1)—
(a) omit the “and” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert “, and
(c) in the case of an admission forum for the area of a local education authority in England, exercising any other functions that may be imposed on the forum by or under this Chapter.”
(3) After subsection (1) of that section insert—
“(1A) An admission forum for the area of a local education authority in England may prepare and publish reports on such matters connected with the admission of pupils to maintained schools in that area as may be prescribed.
(1B) For the purposes of the preparation of a report under subsection (1A), an admission forum may request any of the following bodies to provide the forum with any information held by them which falls within a prescribed description and is specified by the forum in its request—
(a) the local education authority which established the forum;
(b) any local education authority in England for an area which adjoins the area of the authority mentioned in paragraph (a);
(c) the governing body of any maintained school in the area for which the forum is established.
(1C) A body mentioned in any of paragraphs (a) to (c) of subsection (1B) must comply with a request made by an admission forum in pursuance of that subsection.”
(4) In subsection (3) of that section—
(a) omit the “and” at the end of paragraph (b), and
(b) after that paragraph insert—
“(ba) as to the preparation and publication of reports under subsection (1A), and”.
(5) After subsection (3) of that section insert—
“(3A) Regulations under subsection (3)(c) may, in relation to England, modify any provision of this Chapter in its application to a joint admission forum.”
(6) After subsection (5) of that section insert—
“(5A) Regulations may make provision with respect to the expenses of an admission forum for the area of a local education authority in England.
(5B) Except as provided by regulations under subsection (5A), the expenses of an admission forum for the area of a local education authority in England are to be defrayed by the local education authority by whom the forum was established.”
(7) In section 89 (procedure for determining admission arrangements) for subsection (10) substitute—
“(10) In this section, “the appropriate bodies”, in relation to an admission authority, means—
(a) the bodies or persons whom they were required to consult under subsection (2), or would but for subsection (2A) have been required to consult, and
(b) in the case of an admission authority for a maintained school in England, the admission forum for the area of the local education authority in which the school is situated.”
(8) In section 90 (reference of objections to adjudicator or Secretary of State)—
(a) in subsection (1) for paragraph (b) substitute—
“(b) an appropriate body wishes to make an objection about those arrangements, and”, and
(b) after subsection (10) insert—
“(11) In this section, “appropriate body” means, in relation to the admission arrangements determined by an admission authority—
(a) any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, and
(b) in the case of admission arrangements determined by an admission authority for a maintained school in England, the admission forum for the area of the local education authority in which the school is situated.”
In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—
“(1A) A local education authority in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1).”
(1) In section 88 of SSFA 1998 (admission authorities and admission arrangements), after subsection (1) insert—
“(1A) Where the admission authority for a community or voluntary controlled school is the local education authority, it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.
(1B) Subsection (1A) does not affect—
(a) any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),
(b) any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or
(c) the application of section 101(2A) or section 109(2).”
(2) In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a local education authority and the governing body of a maintained school” substitute “the admission authority for a maintained school”.
(3) In section 89C of SSFA 1998 (co-ordinated schemes for admission arrangements)—
(a) in subsection (3) for “by virtue of this section” substitute “by virtue of section 89B”, and
(b) after subsection (3) insert—
“(3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the local education authority although they are not the admission authority, the governing body of the school must implement the decision.”
(4) In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal arrangements) in paragraph (b) for the words from the beginning to “the authority” substitute “in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority”.
After section 88 of SSFA 1998 insert—
(1) No admission arrangements for a maintained school may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.
(2) If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.
(3) Where the admission arrangements for a maintained school make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant’s aptitude in accordance with the arrangements.
(4) In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).”
In section 89 of SSFA 1998 (procedure for determining admission arrangements) in subsection (2)—
(a) omit the “and” at the end of paragraph (c), and
(b) after paragraph (d) insert “and
(e) in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed.”
(1) In section 89 of SSFA 1998 (procedure for determining admission arrangements) after subsection (1) insert—
“(1ZA) This section has effect subject to sections 89D and 90A (restrictions on alteration of admission arrangements in England).”
(2) After section 89C of SSFA 1998 insert—
(1) Subsection (2) applies in relation to a maintained school in England where—
(a) proposals for the establishment of, or the making of a prescribed alteration to, the school have been published under Part 2 of the Education and Inspections Act 2006 or under section 113A of, or Schedule 7 to, the Learning and Skills Act 2000,
(b) in the case of proposals for the making of a prescribed alteration to the school, the proposals are for an increase in the number of pupils that may be admitted to the school or for an enlargement of the premises,
(c) the proposals fall to be implemented (with or without modifications), and
(d) prescribed conditions are satisfied.
(2) Regulations may provide that, where this subsection applies in relation to a maintained school—
(a) the admission arrangements for the initial period (as defined by subsection (7)) and each of a prescribed number of school years following that period are to be the arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified), and
(b) those arrangements may not be varied by the admission authority for the school except—
(i) to comply with any duty imposed on them by regulations under section 89(1A), or
(ii) in accordance with regulations under subsection (5).