Office of Public Sector Information
PART III continued CHAPTER IX continued
(1) The instrument of government for the governing body of a group shall provide for the Secretary of State to have power, where any of subsections (2) to (4) apply, to replace all or any of the core governors, other than any externally appointed core governor appointed in respect of a particular school.
(2) This subsection applies where the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any requirement imposed by or under any enactment.
(3) This subsection applies where—
(a) there is a report of an inspection of any of the schools in which the person who made it expressed the opinion that special measures were required to be taken in relation to the school,
(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,
(c) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school under Part I of the [1996 c. 57.] School Inspections Act 1996, he did not express the opinion in the report that special measures were not required to be taken in relation to the school, and
(d) the Secretary of State has received a statement prepared under section 17 of that Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;
and expressions used in this subsection and in that Act have the same meaning as in that Act.
(4) This subsection applies where in the opinion of the Secretary of State any action taken or proposed by the governing body, or any failure of the governing body to act, is prejudicial to the provision of education by any of the schools.
(5) The instrument of government shall enable the Secretary of State to make such provision as he thinks fit for filling vacancies for core governors other than externally appointed governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.
(6) Any provision made by the instrument of government in pursuance of Schedule 25 shall not apply for the purposes of the appointment by virtue of this section of any core governor.
(1) The instrument of government for the governing body of a group shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of any of the schools in the group.
(2) The instrument shall enable the governing body, during any period when any additional governors appointed by the Secretary of State by virtue of subsection (1) are in office, to appoint a number of additional core governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.
(3) Section 285(3) and Schedule 25 do not apply to additional core governors.
In the case of a group of grant-maintained schools conducted by a single governing body, that body shall have in relation to each of the schools the powers conferred by section 231 on the governing body of a grant-maintained school.
(1) For each financial year the governing body of a group shall apply for the purposes of each school in the group the share of maintenance grant which is attributable to that school.
(2) For the purposes of subsection (1), in each financial year the share of maintenance grant which is attributable to each school in a group is the amount which in the case of that school is the prescribed percentage of the maintenance grant payable in respect of the school.
(3) The governing body of a group shall not apply otherwise than for the purposes of schools in the group any payments made to them in respect of maintenance grant.
(4) This section is subject to—
(a) any requirements imposed under section 247(1) or, as the case may be, 253(1), and
(b) any requirements as to the application of maintenance grant contained in the articles of government for any of the schools.
(5) In relation to groups of grant-maintained schools, this section has effect in place of section 244(3) or, as the case may be, 250(2).
(1) Regulations may make provision—
(a) for two or more schools, each of which is eligible for grant-maintained status and satisfies the prescribed requirements, to become grant-maintained schools conducted by a single governing body,
(b) for two or more grant-maintained schools, each of which is not a member of a group and satisfies the prescribed requirements, to become a new group conducted by a single governing body,
(c) for a school which is eligible for grant-maintained status, or is a grant-maintained school, and satisfies the prescribed requirements to become a member of an existing group,
(d) for the schools in two or more existing groups, where each of the schools satisfies the prescribed requirements, to become one group, and
(e) for a school in a group, where the school satisfies the prescribed requirements, to leave the group but continue to be a grant-maintained school (whether as a member of a group or not).
(2) Regulations shall require in the case of each school which is not a grant-maintained school but is to acquire grant-maintained status as a member of a group—
(a) a resolution of the existing governing body to hold a ballot of parents on the question of whether grant-maintained status as a member of a group should be sought for the school,
(b) a ballot of parents at the school,
(c) the publication by the existing governing body (together with the existing governing bodies of any other schools which are to acquire grant-maintained status as members of the same group) of proposals for the schools to acquire grant-maintained status and be conducted by a single governing body, and
(d) the approval of such proposals, as originally published or as modified by the Secretary of State (whether before or after they are approved).
(3) Regulations shall require in the case of each grant-maintained school which is not a member of a group but is to become a member of a new group—
(a) a resolution for the purpose of the existing governing body,
(b) the publication by the existing governing body (together with the governing bodies of any other schools which are to become members of the group) of proposals for the schools to become a new group conducted by a single governing body, and
(c) the approval of such proposals, as originally published or as modified by the Secretary of State (whether before or after they are approved).
(4) Regulations made by virtue of subsection (2) or (3) shall not enable the Secretary of State to modify any proposals after approving them so as to exclude any school to which they relate; and where under such regulations the Secretary of State modifies any proposals so as to exclude any school to which they relate—
(a) he may not approve them without the consent of the existing governing bodies of the schools to which the proposals as modified relate, and
(b) if he approves them, the regulations shall have effect as if the proposals as published had related only to those schools.
(5) Where proposals for the purposes of subsection (1)(a) or (b) are approved, regulations shall provide—
(a) for the determination of the persons who are to be the initial members of the governing body,
(b) for their incorporation, and
(c) for sections 282 to 286, Schedule 25 and the instrument of government to have effect in relation to any person who becomes a member of the governing body—
(i) before the date of implementation of the proposals, or
(ii) before the date on which the first instrument under section 220(1) for the governing body comes into effect,
with such modifications as may be prescribed.
(6) Where proposals for the purposes of subsection (1)(a) in relation to any schools, or proposals for the purposes of subsection (1)(c) in relation to a school which is eligible for grant-maintained status, are approved, regulations shall provide in relation to each of the schools—
(a) for the local education authority to cease to be under a duty to maintain the school,
(b) for any special agreement relating to the school to cease to have effect, and
(c) for the functions, during the period beginning with the approval of the proposals and ending with their implementation, of the governing body incorporated under the regulations.
(7) Where proposals for the purposes of subsection (1)(b) are approved, regulations shall provide for the functions, during the period beginning with the approval of the proposals and ending with their implementation, of the governing body incorporated under the regulations.
(8) In relation to—
(a) any schools seeking to acquire grant-maintained status as a group or grant-maintained schools seeking to become a new group,
(b) any school seeking to become a member of an existing group, and
(c) schools in a group,
regulations may provide for any relevant provision of this Act to apply with such modifications as may be prescribed.
(9) For the purposes of subsection (8) “relevant provision of this Act” means—
(a) any provision of this Part other than—
(ii) section 198, 199, 291, 292, 294, 307 or 308, or
(ii) a provision of this Chapter, or
(b) any provision of this Act not contained in this Part which reproduces a provision of Part II of the [1993 c. 35.] Education Act 1993 (other than Chapter IX of that Part of that Act).
(10) Regulations may make provision for the governing body of a group to be reconstituted where any change occurs in the membership of the group.
(11) The Secretary of State may instead of, or in addition to, prescribing requirements for the purposes of subsection (1) issue guidance as to the requirements he would expect to be satisfied for any application—
(a) for any maintained schools, or grant-maintained schools, to become a new group,
(b) to join or leave a group, or
(c) for the merger of groups,
to be approved.
(12) In subsection (11) “maintained school” means any county school or voluntary school and any maintained special school not established in a hospital.
(13) This section does not apply to nursery schools.
Proposals published under section 211, 212, 259 or 260 may, if the authority, persons or body making them think fit—
(a) specify an age below 10 years and six months and an age above 12 years, and
(b) provide that the school to which the proposals relate is to be a school for providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.
(1) No proposals may be published—
(a) under section 211 or 212 for the establishment of any nursery school, or
(b) under section 259 or 260 for a school to become a nursery school;
and nothing in Chapter II applies to a nursery school.
(2) Subject to subsection (1) above, proposals under section 211, 212, 259 or 260 may, in particular, be made for the purpose of securing the provision of education for junior pupils who have not attained the age of five.
It shall be the duty of the governing body of any grant-maintained school which provides—
(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,
to secure that, except in such circumstances as may be prescribed, it is not provided at any time in a room where pupils are at that time being taught.
(1) Section 12 of the [1994 c. 30.] Education Act 1994 confers power on the governing body of a grant-maintained school—
(a) to provide courses of initial training for school teachers, or
(b) to join in a partnership or association with other eligible institutions, or (whether alone or jointly with other eligible institutions) to establish a body, for the purpose of providing such courses.
(2) In subsection (1) “eligible institution” has the meaning given by section 4(2) of that Act.
(1) Where—
(a) a local education authority are under a duty, or have power, to provide any benefits or services for pupils, and
(b) the duty is to be performed, or the power may be exercised, both in relation to pupils at schools maintained by a local education authority and in relation to pupils at grant-maintained schools,
the authority shall in performing the duty, or exercising the power, treat pupils at grant-maintained schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than pupils at schools maintained by a local education authority.
(2) Where—
(a) a local education authority are under a duty, or have power, to provide any benefits or services for persons, other than pupils, receiving education at a school, and
(b) the duty is to be performed, or the power may be exercised, both in relation to such persons at schools maintained by a local education authority and in relation to such persons at grant-maintained schools,
the authority shall in performing the duty, or in exercising the power, treat such persons at grant-maintained schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than such persons at schools maintained by a local education authority.
(1) Where grant under section 216(2) or capital grant is paid to the governing body of a grant-maintained school established in pursuance of proposals published under section 212 in respect of the provision of a site for the school or of school buildings, a requirement shall be imposed under section 216 or, as the case may be, Chapter VI for the purpose of securing that the site or buildings in question are held on trust by trustees of the school.
(2) Where buildings are to be provided for any grant-maintained school which are—
(a) to form part of the school premises, and
(b) to be constructed partly on land held by the governing body and partly on land held on trust for the purposes of the school by persons other than the governing body,
the governing body shall transfer to those persons the land held by the governing body on which the buildings are to be constructed; and section 231(7) does not apply to a transfer required by this subsection.
(3) In this section “site” does not include playing fields.
(1) Where—
(a) the funding authority pay capital grant in respect of a transfer of a grant-maintained school to a new site authorised under Chapter VII, and
(b) the governing body or any trustees of the school possess, or are or may become entitled to, a sum representing the proceeds of disposal of other premises which have been used for the purposes of the school,
the governing body or (as the case may be) the trustees or their successors shall pay to the Secretary of State the whole of that sum, if it is equal to or less than the amount of the capital grant, and otherwise so much of it as is required to repay that amount.
(2) Any sum paid under subsection (1) shall, in a case where any interest in the new site has vested in any trustees of the school, be treated for the purposes of section 14 of the [1841 c. 38.] Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.
(3) Where trustees of a grant-maintained school are required to pay any sum to the Secretary of State under subsection (1) in a case where any interest in the new site is or is to be held by the governing body, then—
(a) if the interest or, as the case may be, all the interests held by any persons for the purposes of the school in the previous site were freehold interests held by the trustees, the governing body shall transfer their interest in the new site to the trustees, and
(b) if in any other case the trustees held any interest in the previous site, the governing body shall, if directed to do so by the Secretary of State, transfer to the trustees their interest in the whole of the new site or such part of it as may be specified in the direction.
(4) Where trustees of a grant-maintained school are required to pay any sum to the Secretary of State under subsection (1) in a case in which they may also be required to pay any sum to a local education authority under section 62(2) in respect of the disposal of the same premises, section 62(2) shall have effect as if—
(a) in relation to that disposal, the reference to the purchase money paid in respect of the acquisition of the premises were a reference to so much of the amount of that purchase money as remains after deducting the amount of the payment under subsection (1) above, and
(b) any premises transferred to the trustees in pursuance of subsection (3) above were premises conveyed by the authority as mentioned in section 62(2).
(5) In subsection (3)(a) “site” does not include playing fields.
(1) This section applies where the governing body of a grant-maintained school apply to the Secretary of State for his consent to the disposal of—
(a) any premises transferred to the governing body under section 201(1)(a), or
(b) any premises acquired wholly or partly with the proceeds of the disposal of any premises so transferred or of any premises so acquired.
(2) Subject to subsection (3), the Secretary of State may—
(a) require the premises or any part of the premises to be transferred to such local authority as the Secretary of State may specify, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate, or
(b) where he does not impose a requirement under paragraph (a), require the governing body, when the premises are disposed of, to pay to such local authority as the Secretary of State may specify the whole or any part of the proceeds of disposal.
(3) Where the occasion of the disposal is a transfer of the school to a new site in respect of which the funding authority have paid capital grant—
(a) no requirement shall be imposed under subsection (2)(a), and
(b) the reference in subsection (2)(b) to the proceeds of disposal shall be read as a reference to such part (if any) of those proceeds as remains after repayment of the amount of that capital grant in accordance with section 297.
(1) This section applies where any premises—
(a) transferred to the governing body of a grant-maintained school under section 201(1)(a), or
(b) acquired by such a governing body wholly or partly with the proceeds of the disposal of any premises so transferred or of any premises so acquired,
have been transferred by them to be held on trust by the trustees of the school.
(2) If at any time the trustees dispose of the premises the Secretary of State may require them to pay to such local authority as he may specify the whole or any part of the proceeds of the disposal.
(1) Where the governing body of a grant-maintained school apply to the Secretary of State for his consent to the disposal of—
(a) any premises provided by the funding authority, or
(b) any premises acquired wholly or partly with the proceeds of the disposal of any premises so provided or of any premises so acquired,
the Secretary of State may require the governing body, when the premises are disposed of, to pay to him or to the funding authority the whole or any part of the proceeds of disposal.
(2) Where—
(a) any premises falling within subsection (1)(a) or (b) are transferred by the governing body to be held on trust by the trustees of the school, or
(b) any premises in respect of which capital grant was paid are transferred by the governing body (otherwise than in pursuance of a requirement imposed in accordance with section 296 or in pursuance of section 297(3)) to be held on trust by the trustees of the school,
then, if at any time the trustees dispose of the premises, the Secretary of State may require them to pay to him or to the funding authority the whole or any part of the proceeds of the disposal.
(1) For the purposes of sections 297 and 298, the funding authority are to be regarded as paying capital grant in respect of the transfer of a school to a new site if they pay capital grant in respect of the acquisition of the new site or the provision on that site of the school buildings or of any other buildings forming part of the new school premises.
(2) In sections 296 to 300 “trustees of the school” means any person (other than the governing body) holding property on trust for the purposes of the school.
(3) For the purposes of sections 297 to 300—
(a) a governing body or trustees are to be regarded as disposing of any premises if those premises are acquired from them, whether compulsorily or otherwise, and
(b) “proceeds of disposal”, in relation to a disposal of premises by a governing body or trustees, means the compensation or purchase money paid in respect of the acquisition from them of those premises.
(4) In subsection (3)—
(a) references to the acquisition of premises from a governing body or trustees include, in the case of any premises held under a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 (“the 1954 Act”) applies, the termination of that tenancy under that Part of that Act, and
(b) the reference to the purchase money paid in respect of such an acquisition includes any compensation paid by the landlord on the quitting of any such premises by the governing body or trustees (whether or not the compensation is required to be paid by section 37 of that Act (compensation where order for new tenancy precluded on certain grounds)).
(5) In subsection (4) expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.
(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body of the school and the trustees (if any), appear to him to be requisite—
(a) in consequence of the approval of proposals for acquisition of grant-maintained status for the school,
(b) for removing any inconsistency between the provisions of that trust deed or other instrument and any provisions included or proposed to be included in any instrument or articles of government made for the school under Chapter V, or in any scheme under section 232, which it appears to him to be expedient to remove in the interests of the school, or
(c) in consequence of any proposals as to a change in the character or an enlargement of the premises of the school or a transfer of the school to a new site which fall to be implemented under section 263.
(2) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to an independent school where proposals have been approved for the establishment of a grant-maintained school in its place as, after consultation with the promoters and the trustees (if any), appear to him to be requisite—
(a) in consequence of the approval of the proposals, or
(b) for removing any inconsistency between the provisions of that trust deed or other instrument and any provisions included or proposed to be included in any instrument or articles of government made for the grant-maintained school under Chapter V which it appears to him to be expedient to remove in the interests of the school.
(3) Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.
Any provision of an instrument relating to any land held for the purposes of a voluntary school which—
(a) confers on any person an option to acquire an interest in that land, or
(b) provides (in whatever terms) for the determination or forfeiture of any such interest,
in the event of the school’s ceasing to be a voluntary school or (as the case may be) ceasing to be maintained by a specified local education authority shall, if the school becomes a grant-maintained school, have effect as if the event referred to were the school’s ceasing to be a school which is either a grant-maintained school or a voluntary school.
(1) Subject to section 306, subsections (2) to (4) apply in relation to a grant-maintained school if—
(a) it was a county school immediately before it became grant-maintained,
(b) it was established in pursuance of proposals published under section 211, or
(c) it was established in pursuance of proposals published under section 212 and neither any trust deed relating to the school nor the statement required by paragraph 8 of Schedule 20 makes provision as to the religious education for pupils at the school.
(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—
(a) for being a teacher at the school, or
(b) for being employed (otherwise than as a teacher) for the purposes of the school.
(3) No teacher at the school shall be required to give religious education.
(4) No teacher at the school shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—
(a) by reason of the fact that he does or does not give religious education, or
(b) by reason of his religious opinions or of his attending or omitting to attend religious worship.
(1) Subject to section 306, subsections (2) and (3) apply in relation to a grant-maintained school if—
(a) it was a voluntary school immediately before it became grant-maintained, or
(b) it was established in pursuance of proposals published under section 212 and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 20 makes provision as to the religious education for pupils at the school.
(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, for being employed (otherwise than as a teacher) for the purposes of the school.
(3) No teacher at the school shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—
(a) by reason of the fact that he gives religious education, or
(b) by reason of his religious opinions or of his attending religious worship.
(4) Without prejudice to subsections (2) and (3), in the case of a school which was a voluntary school immediately before it became grant-maintained, any of the provisions of section 146 (saving as to position of teachers) which, immediately before the school became grant-maintained, applied in relation to a teacher in the school shall continue to apply in relation to him until he ceases to be employed as a teacher in the school.
(1) Where, in the case of a school in relation to which section 304(2) to (4) for the time being applies, proposals that the required provision for religious education should be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 261—
(a) section 305(2) and (3) shall apply in relation to the school from the time at which the proposals fall to be implemented, and
(b) subject to subsection (2), section 304(2) to (4) shall cease to apply in relation to the school from that time.
(2) Without prejudice to section 305(2) and (3), section 304(2) to (4) shall continue to apply in relation to any teacher who was employed at the school immediately before the proposals referred to in subsection (1) above fell to be implemented until he ceases to be employed as a teacher at the school.
(3) Where, in the case of any grant-maintained school, proposals that the required provision for religious education should be provision for religious education otherwise than in accordance with the tenets of a particular religion or religious denomination are approved under section 261—
(a) section 304(2) to (4) shall apply in relation to the school from the time at which the proposals fall to be implemented, and
(b) section 305(2) and (3) shall cease to apply in relation to the school from that time.
(4) In this section “the required provision for religious education”, in relation to a school, means the provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum.
(1) The head teacher of any grant-maintained school may not—
(a) so exercise the power to exclude a pupil from the school for one or more fixed periods that the pupil is so excluded for more than 15 school days in any one term, or
(b) exclude a pupil from the school for an indefinite period;
but this subsection is without prejudice to the power to exclude a pupil from the school permanently.
(2) Subsection (1) has effect, in the case of a school having articles of government, despite anything in the articles.
Education Act 1996