Office of Public Sector Information
PART III continued CHAPTER VI continued
(3) A governing body to whom any payments in respect of capital grant are made shall comply with such requirements determined by the Secretary of State as he may from time to time impose.
(4) Requirements imposed under subsection (1) or (3)—
(a) may be imposed on or at any time after the making of any payment by reference to which they are imposed, and
(b) may at any time be waived or removed or, subject to subsection (5), varied by the Secretary of State.
(5) The power of the Secretary of State to vary such a requirement—
(a) does not apply to a requirement of the kind mentioned in subsection (2)(a), and
(b) is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grants in question.
(6) The requirements—
(a) which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grant, or
(b) which may be imposed by the Secretary of State on a governing body to whom payments in respect of capital grant are made,
may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.
(7) That amount is—
(a) the amount of the payments made in respect of the grant, or
(b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
(8) No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—
(a) the grant is made in respect of the provision, alteration or repair of premises for a school, and
(b) any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.
(1) The times at which, and the manner in which, payments are made in respect of—
(a) maintenance grant for a grant-maintained school in respect of any financial year,
(b) special purpose grants, and
(c) capital grants,
shall be such as may be determined from time to time by the Secretary of State.
(2) Payments in respect of maintenance grant for a school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of the school, by reference to an estimate of the amount which will be so payable made by the Secretary of State.
(3) Where in respect of any financial year an over-payment of maintenance grant is made to the governing body of a school, a sum equal to the amount of that over-payment shall be recoverable from the governing body by the Secretary of State.
(4) Where a sum is payable by the governing body of a school to the Secretary of State—
(a) in respect of an over-payment of maintenance grant in respect of a financial year, or
(b) by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 253(6) or otherwise),
the Secretary of State may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by him to the governing body.
(5) In this section references to an over-payment of maintenance grant in respect of a financial year are to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in question in respect of the year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.
(1) The appropriate authority may make loans to the governing bodies of grant-maintained schools in respect of expenditure of any class or description specified in regulations (“loan regulations”) incurred or to be incurred by the governing bodies for or in connection with such purposes as may be so specified.
(2) Any loan under this section shall be made on such terms as loan regulations may require, being terms specified in or determined in accordance with the regulations.
(3) Where any sum is payable by the governing body of a grant-maintained school to the appropriate authority in respect of the principal of, or interest on, any loan under this section, the appropriate authority may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by them to the governing body.
(4) In this section “the appropriate authority”—
(a) in relation to Wales before the Schools Funding Council for Wales begin to exercise their functions, means the Secretary of State, and
(b) in any other case, means the funding authority.
(5) The funding authority shall exercise any power conferred on them by this section in such manner (if any) as may be specified in or determined in accordance with loan regulations.
(1) Where the Secretary of State so determines, this section applies to a local education authority in respect of any financial year for which the determination is made; and the determination may apply this section in respect of all grant-maintained schools in the area of the authority or in respect of such grant-maintained schools in that area as may be ascertained by or in accordance with the determination.
(2) The Secretary of State shall, in respect of each financial year for which he makes a determination under subsection (1) in respect of a local education authority, give notice in writing to the authority of the terms of the determination.
(3) The Secretary of State may, in the case of a local education authority to which this section applies in respect of any financial year, recover from the authority sums in respect of the maintenance grant payable for that year to the governing bodies of any grant-maintained schools in respect of which the determination applies.
(4) Subject to subsection (5), sums recoverable by virtue of this section in respect of a school for any financial year—
(a) shall be of such amounts, and
(b) shall fall due on such date or dates,
as may be determined by the Secretary of State.
(5) The amount of any sum so recoverable shall be determined by reference to any amount—
(a) which has previously been determined under section 257 as the total amount recoverable in respect of the school and financial year in question, or
(b) (where no amount has previously been determined as mentioned in paragraph (a)) which is estimated by the Secretary of State as the amount which will initially be determined under section 257 as the total amount recoverable in respect of the school and financial year in question,
and which the Secretary of State considers it appropriate to adopt for the time being as a basis for determining the amounts of sums so recoverable.
(6) The Secretary of State may recover sums due to him under this section in either or both of the following ways—
(a) by requiring the local education authority to pay the whole or any part of any such sum at such time or times as he thinks fit, and
(b) by deducting, at such time or times as he thinks fit, the whole or any part of any such sum from any grant payable by him to the authority under any enactment (whenever passed) or from any amount payable by him to the authority under Part III of Schedule 8 to the [1988 c. 41.] Local Government Finance Act 1988 (redistributed non-domestic rates).
(1) The total amount recoverable by virtue of section 256 in respect of a school for any financial year shall be such as may be determined (and from time to time revised) in accordance with regulations made by the Secretary of State (“recoupment regulations”).
(2) Subject to any provision made by such regulations by virtue of subsection (3), recoupment regulations shall provide for the total amount so recoverable to be determined by reference to any amount determined under grant regulations as the amount of the maintenance grant payable in respect of the school and the financial year in question (as from time to time revised).
(3) Recoupment regulations may provide for reducing any amount which would otherwise fall to be determined under the regulations as the total amount recoverable from any local education authority by virtue of section 256 for a financial year by reference to any excess amounts recovered under that section in respect of any previous financial year.
(4) For the purposes of subsection (3) an excess amount is recovered under section 256 in respect of a financial year if the aggregate amount of the sums recovered under that section for that year from the local education authority—
(a) in respect of any school in respect of which sums are recoverable from the authority under that section, or
(b) (where there is more than one such school) in respect of both or all of those schools,
exceeds the total amount recoverable in accordance with recoupment regulations in respect of that school or (as the case may be) in respect of both or all of those schools for that year.
(1) For the purposes of sections 492 and 493 (recoupment for provision for education of pupils belonging to, or having connection with, area of another authority), the provision for education made in any financial year in respect of a registered pupil at a grant-maintained school which is not made by the local education authority shall, if sums are recoverable under section 256 in respect of the school and that year from the authority, be taken to have been made by them.
(2) The reference in subsection (1) to provision for education includes a reference to provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.
(3) The governing body of a grant-maintained school shall, if sums are recoverable under section 256 in respect of the school from a local education authority, provide the authority with such information relating to the registered pupils at the school as the authority may require for the purpose of claiming any amount in respect of such a pupil from another authority by virtue of regulations under section 492 or 493.
(1) Subject to subsection (2), where the governing body of a grant-maintained school intend to make a significant change in the character, or a significant enlargement of the premises, of the school or to transfer the school to a new site they shall—
(a) publish proposals for that purpose in such manner as may be prescribed, and
(b) submit to the Secretary of State a copy of the published proposals.
(2) No proposals shall be published under this section for the purpose of making a significant change in the religious character of a school unless the trustees under any trust deed relating to the school have given their consent in writing to the change in question; and the requirement to publish proposals under subsection (1) does not apply in relation to a transfer of a school to a new site if it is intended to return to the existing site within three years of the time of the transfer.
(3) Before publishing any proposals under this section, the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the governing body shall have regard to any guidance given to them from time to time by the Secretary of State.
(4) Proposals published under this section shall include particulars—
(a) of the proposed time or times of implementation of the proposals, and
(b) of the number of pupils proposed 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, if pupils are proposed to be admitted for nursery education, shall give the prescribed information.
(5) Proposals published under this section shall be accompanied by a statement which—
(a) describes any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs, and
(b) explains the effect of subsection (6).
(6) Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the Secretary of State by any of the following—
(a) any ten or more local government electors for the 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 local education authority concerned.
(7) Where the proposals are to transfer a school to a site in a different area, objections under subsection (6) to the proposals may also be submitted by any ten or more local government electors for that area.
(8) No decision taken at a meeting of the governing body of a grant-maintained school that would result in the publication of proposals under this section shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.
(1) This section has effect in respect of the area of a local education authority if an order under section 27(1) applies to the area.
(2) Where the funding authority are of the opinion that—
(a) a significant change should be made in the character of a grant-maintained school,
(b) a significant enlargement of the premises of such a school should be made, or
(c) such a school should be transferred to a new site in the area or in another area to which an order under section 27(1) applies,
they may publish proposals for that purpose in such manner as may be prescribed and submit a copy of the published proposals to the Secretary of State.
(3) No proposals shall be published under this section for the purpose of making a significant change in the religious character of a school; and subsection (2) does not apply in relation to a transfer of a school to a new site if it is intended to return to the existing site within three years of the time of the transfer.
(4) Before publishing any proposals under this section the funding authority shall consult—
(a) such persons as appear to them to be appropriate, and
(b) (in the case of a Church of England, Church in Wales or Roman Catholic Church school having any foundation governor who is appointed by the appropriate diocesan authority) that authority;
and in discharging their duty under paragraph (a) the funding authority shall have regard to any guidance given to them from time to time by the Secretary of State.
(5) Proposals published under this section shall include particulars—
(a) of the proposed time or times of implementation of the proposals, and
(b) of the number of pupils proposed 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, if pupils are proposed to be admitted for nursery education, shall give the prescribed information.
(6) Proposals published under this section shall be accompanied by a statement which—
(a) describes any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs, and
(b) explains the effect of subsection (7).
(7) Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the funding authority by any of the following—
(a) any ten or more local government electors for the area,
(b) the governing body of the school to which the proposals relate,
(c) the governing body of any other school affected by the proposals,
(d) 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
(e) any local education authority concerned.
(8) Where the proposals are to transfer a school to a site in a different area, objections under subsection (7) to the proposals may also be submitted by any ten or more local government electors for that area.
(9) Not later than one month after the end of that period, the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them.
(1) Proposals published under section 259 require the approval of the Secretary of State.
(2) Proposals published under section 260 require the approval of the Secretary of State if—
(a) he gives notice to that effect to the funding authority within two months after the submission to him of the published proposals, or
(b) objections have been made under subsection (7) of that section within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).
(3) Where under subsection (1) or (2) any proposals require the approval of the Secretary of State, he may—
(a) reject them,
(b) approve them without modification, or
(c) after consulting the governing body (and, in the case of proposals published under section 260, the funding authority) approve them with such modifications as he thinks desirable.
(4) Where proposals published under section 260 do not require the approval of the Secretary of State, the funding authority shall determine whether to adopt the proposals.
(5) The funding authority shall—
(a) make any determination under subsection (4) not later than four months after the publication of the proposals, and
(b) give notice in writing to the Secretary of State and the governing body of their determination.
(1) Where the governing body of a grant-maintained school publish proposals under section 259, they shall, if the funding authority so direct, submit to the authority, at such time and in such form and manner as the authority may direct, the particulars mentioned in subsection (3); and particulars so submitted require the approval of the funding authority under this section.
(2) Where the funding authority publish proposals under section 260, they shall, if in their opinion the circumstances so require, prepare the particulars mentioned in subsection (3); and particulars so prepared require adoption by the funding authority under this section.
(3) The particulars are—
(a) particulars of the provision made or to be made in respect of the means of access to and within the premises or proposed premises of the school, and
(b) such other particulars in respect of the premises or proposed premises of the school as the funding authority may require or, in the case of proposals published under section 260, as may be required.
(4) The particulars prepared or submitted under subsection (3)(a) shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—
(a) Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or
(b) (if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the [1990 c. 8.] Town and Country Planning Act 1990) that document.
(1) Where any proposals are approved or adopted under section 261, it shall be the duty of the governing body of the school to which the proposals relate to implement them.
(2) Proposals required to be implemented under this section shall be implemented in accordance with any particulars approved or adopted under section 262.
(3) The Secretary of State may, at the request of a governing body, modify any proposals published under section 259 which the governing body are required to implement under this section.
(4) The Secretary of State may—
(a) at the request of a governing body, or
(b) at the request of the funding authority and after consulting the governing body,
modify any proposals published under section 260 which the governing body are required to implement under this section.
(5) Neither the governing body of a grant-maintained school nor any other person shall make any significant change in the character, or significant enlargement of the premises, of the school or transfer the school to a new site, or undertake to do any of those things, unless proposals have been published under section 259 or 260 and any requirements of section 261 have been complied with.
(6) Subsection (5) does not—
(a) prevent the Secretary of State allowing such steps to be taken by the governing body of a grant-maintained school, pending compliance with those requirements and the giving or making of the approval or adoption, as the Secretary of State considers reasonable in the circumstances, or
(b) apply to any transfer of a school to a new site falling within section 259(2) or 260(3).
(1) The Secretary of State may by order provide for this Part to have effect with the modifications in subsections (2) to (7) in relation to any proposals published by the governing body of a grant-maintained school under section 259 after the coming into force of the order.
(2) The governing body shall submit a copy of the proposals to the funding authority as well as to the Secretary of State.
(3) Any objections under subsection (6) of that section to the proposals shall be submitted to the funding authority instead of to the Secretary of State.
(4) If any objection is made under subsection (6) of that section within the period allowed under that subsection and not withdrawn in writing within that period, then, not later than one month after the end of that period—
(a) the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them, and
(b) may themselves submit to the Secretary of State an objection to the proposals.
(5) Sections 261(1) and 263(3) shall not apply to the proposals unless—
(a) the Secretary of State gives notice to the funding authority within two months after the submission to him of the published proposals that the proposals require his approval, or
(b) objections have been made under subsection (6) of section 259 within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).
(6) Where sections 261(1) and 263(3) do not apply to the proposals—
(a) the proposals shall require the approval of the funding authority,
(b) the funding authority may reject them, approve them without modification or, after consulting the governing body, approve them with such modifications as they think desirable, and
(c) where the governing body are required to implement the proposals under section 263, the funding authority may at their request modify the proposals.
(7) Paragraph 20 of Schedule 4 shall not apply in relation to the proposals.
(8) In this Part—
(a) references to approval under, or the requirements of, section 261 include approval under, or the requirements of, this section, and
(b) references to the modification of proposals under section 263(3) include the modification of proposals under subsection (6)(c).
(9) This section does not apply to proposals published under section 198 (to which this Chapter is applied by subsection (3) of that section); and section 263(3) is not disapplied by this section in the case of proposals treated for the purposes of this Part (by virtue of section 37(9) or 43(6)) as if they had been approved under section 261.
(1) This section applies where—
(a) proposals for a change in the character or an enlargement of the premises of a county or voluntary school, or for the transfer of a county or voluntary school to a new site, have been approved under section 35 or 41, and
(b) the school becomes a grant-maintained school before the proposals are implemented.
(2) The proposals—
(a) shall be treated for the purposes of this Part as if they had been published under section 260 and approved under section 261, and
(b) shall be implemented in accordance with any particulars approved under section 39 or (as the case may be) 44.
(3) Subsection (2) is subject to section 210.
(1) References in this Part to a change in the character of a school do not include any change resulting only from persons beginning or ceasing to be provided with—
(a) part-time education suitable to the requirements of persons of any age over compulsory school age,
(b) part-time education suitable to the requirements of junior pupils who have not attained the age of five where the school provides full-time education for junior pupils of the same age, or
(c) full-time education suitable to the requirements of persons who have attained the age of 19.
(2) Where proposals for a significant change in the character, or significant enlargement of the premises, of a school or for the transfer of a school to a new site have been approved or adopted under section 261, references in this Chapter to the proposals are references to the proposals as approved or adopted, subject to any modifications of the proposals under section 263(3) or (4).
(1) The governing body of a grant-maintained school may publish proposals under this section for the discontinuance of the school if they—
(a) decide by a resolution passed at a meeting of that body to publish such proposals, and
(b) confirm that decision by a resolution passed at a subsequent meeting of the governing body held not less than 28 days after that at which the first resolution was passed.
(2) Before passing such a resolution as is mentioned in subsection (1)(a), the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the governing body shall have regard to any guidance given to them from time to time by the Secretary of State.
(3) The governing body shall, as soon as practicable after the passing of the second resolution, give notice in writing of the second resolution to the local education authority.
(4) The governing body may, within the period of six months beginning with the date of the second resolution, publish proposals for the discontinuance of the school in such manner as may be prescribed and, where they do so, shall submit to the Secretary of State a copy of the published proposals.
(5) The published proposals shall specify the proposed date of discontinuance of the school.
(6) The published proposals shall be accompanied by a statement—
(a) indicating whether or not there are any proposals for the premises of the school to be used by any new or existing school, and
(b) explaining the effect of subsection (7).
(7) Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the Secretary of State by any of the following—
(a) any ten or more local government electors,
(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 local education authority concerned.
(1) This section has effect in respect of the area of a local education authority if an order under section 27(1) applies to the area.
(2) The funding authority may publish, in such manner as may be prescribed, proposals for the discontinuance of any grant-maintained school and, where they do so, shall submit to the Secretary of State a copy of the published proposals.
(3) The published proposals shall specify the proposed date of discontinuance of the school.
(4) Before publishing any proposals under this section the funding authority shall consult—
(a) such persons as appear to them to be appropriate, and
(b) (in the case of a Church of England, Church in Wales or Roman Catholic Church school having any foundation governor who is appointed by the appropriate diocesan authority) that authority;
and in discharging their duty under paragraph (a) the funding authority shall have regard to any guidance given to them from time to time by the Secretary of State.
(5) The published proposals shall be accompanied by a statement—
(a) indicating whether or not there are any proposals for the premises of the school to be used by any new or existing school, and
(b) explaining the effect of subsection (6).
(6) Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the funding authority by any of the following—
(a) any ten or more local government electors,
(b) the governing body of the school to which the proposals relate,
(c) the governing body of any school affected by the proposals,
(d) the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies), and
(e) any local education authority concerned.
(7) Not later than one month after the end of that period, the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them.
Education Act 1996