Legalize / United Kingdom / Public General Act

Education Act 1993 (repealed)

Type Public General Act

Publication 1993-07-27

Last updated 1996-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) objections have been made under subsection (6) of section 96 of this Act within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).

(6) Where sections 98(1) and 100(3) of this Act 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 100 of this Act, the funding authority may at their request modify the proposals.

(7) Paragraph 20 of Schedule 2 to this Act shall not apply in relation to the proposals.

(8) In this Part of this Act—

(a) references to approval under, or the requirements of, section 98 of this Act include approval under, or the requirements of, this section, and

(b) references to the modification of proposals under section 100(3) of this Act include the modification of proposals under subsection (6)(c) above.

(9) This section does not apply to proposals published under section 272 of this Act (to which this Chapter is applied by subsection (3)); and section 100(3) is not disapplied by this section in the case of proposals treated (by virtue of section 273(6) of this Act) for the purposes of this Part of this Act as if they had been approved under section 98 of this Act.

Proposals for change of character approved before school becomes grant-maintained.

102

(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 12 or 13 of the Education Act 1980, 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 of this Act as if they had been published under section 97 and approved under section 98 of this Act, and

(b) shall be implemented in accordance with any particulars approved under section 14 of that Act.

(3) Subsection (2) above is subject to section 47(1) to (4) of this Act.

Chapter VII: interpretation.

103

(1) References in this Part of this Act to a change in the character of a school include, in particular, changes in character resulting from—

(a) education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys, or

(b) the making or alteration of arrangements for the admission of pupils by reference to ability or aptitude,

but do not include such a change as is mentioned in subsection (2) below.

(2) The change excluded by subsection (1) above is a 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 years where the school provides full-time education for junior pupils of the same age, or

(3) References in this Chapter, 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 98 of this Act, to the proposals are references to the proposals as approved or adopted, subject to any modifications of the proposals under section 100(3) or (4) of this Act.

Chapter VIII — DISCONTINUANCE OF GRANT-MAINTAINED SCHOOLS

Proposals for discontinuance

Proposals by governing body for discontinuance.

104

(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 twenty-eight days after that at which the first resolution was passed.

(2) Before passing such a resolution as is mentioned in subsection (1)(a) above, 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) below.

(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) if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council,

(b) any ten or more local government electors,

(d) any local education authority concerned.

Proposals by funding authority for discontinuance.

105

(1) This section has effect in respect of the area of a local education authority if an order under section 12(1) of this Act 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) above, 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) below.

(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) if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council,

(b) any ten or more local government electors,

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

Approval, adoption or rejection of proposals.

106

(1) Proposals published under section 104 of this Act require the approval of the Secretary of State.

(2) Proposals published under section 105 of this Act 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 (6) 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) above any proposals require the approval of the Secretary of State, he may reject them, approve them without modification or, after consulting the governing body and, in the case of proposals published under section 105 of this Act, the funding authority, approve them with the substitution of a different date for the date of discontinuance proposed.

(4) Where the Secretary of State approves any such proposals he shall give notice in writing of that fact and of the discontinuance date to the governing body and (except where the school is in Wales and the Schools Funding Council for Wales have not begun to exercise their functions) the funding authority.

(5) Where proposals published under section 105 of this Act do not require the approval of the Secretary of State, the funding authority shall determine whether to adopt the proposals.

(6) The funding authority shall—

(a) make any determination under subsection (5) above 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 and, if they adopt the proposals, of the discontinuance date.

Implementation of proposals.

107

(1) Where any proposals are approved under section 106 of this Act, the governing body shall cease to conduct the school on the discontinuance date.

(2) In this section, “the discontinuance date” means—

(a) the date of discontinuance specified in the proposals as approved, or

(b) if—

(i) at the request of the governing body, or

(ii) in the case of proposals published under section 105 of this Act, at the request of the funding authority and after consulting the governing body,

the Secretary of State subsequently fixes another date (whether in substitution for the date specified in the proposals as approved or in substitution for a date previously fixed under this subsection), that date.

(3) The governing body of a grant-maintained school shall not discontinue the school except in pursuance of proposals published under section 104 or 105 of this Act and approved or adopted under section 106 of this Act.

Power to transfer functions under preceding provisions.

108

(1) The Secretary of State may by order provide for this Part of this Act to have effect with the modifications in subsections (2) to (7) below in relation to any proposals published by the governing body of a grant-maintained school under section 104 of this Act 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 (7) 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 (7) 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) Section 106(1) of this Act 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 (7) of section 104 of this Act within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).

(6) Where section 106(1) of this Act does 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 the substitution of a different date for the date of discontinuance proposed,

(c) where the funding authority approve them, they shall give notice in writing of that fact and of the discontinuance date to the governing body, and

(d) the reference in section 107(2)(b) of this Act to the Secretary of State shall be read as a reference to the funding authority.

(7) Paragraph 21(b) of Schedule 2 to this Act shall not apply in relation to the proposals.

(8) References in this Part of this Act to approval under section 106 of this Act include approval under this section.

Withdrawal of grant

Withdrawal of grant where school is unsuitable to continue as grant-maintained school.

109

(1) This section applies where the Secretary of State is satisfied that a grant-maintained school as currently constituted or conducted is unsuitable to continue as a grant-maintained school on either or both of the following grounds—

(a) that the number of registered pupils at the school is too small for sufficient and suitable instruction to be provided for them at reasonable cost, and

(b) that the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any other requirement imposed by or under this Act or any other enactment.

(2) The Secretary of State may give to the governing body a notice in writing stating the grounds on which he considers that the school as currently constituted or conducted is unsuitable to continue as a grant-maintained school together with full particulars of the matters relevant to each such ground.

(3) Where any of those matters are stated in the notice to be in the opinion of the Secretary of State irremediable, the notice shall also state that the funding authority’s duty to maintain the school will cease on a date specified in the notice.

(4) Where subsection (3) above does not apply, the notice shall—

(a) state that the funding authority’s duty to maintain the school will cease unless the matters of which particulars are given in the notice are remedied,

(b) specify the measures necessary in the opinion of the Secretary of State to remedy those matters, and

(c) specify the time, not being less than six months after the date on which the notice is given to the governing body, within which the governing body are required to take those measures.

(5) Where the governing body fail to take the measures required under subsection (4)(b) above by the notice within the time specified in the notice (or allowed by any previous notice under this subsection), the Secretary of State shall, within the period of two months beginning with the date next following the end of that time, either—

(a) give notice in writing to the governing body extending the time within which those measures are required to be taken, or

(b) after consulting the local education authority and, if the school provides education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council, give notice in writing to the governing body that the funding authority’s duty to maintain the school will cease on a specified date.

(6) Where the Secretary of State gives a notice under subsection (2) or (5) above which states that the funding authority’s duty to maintain the school will cease on a specified date—

(a) he shall give a copy of the notice to the funding authority, and

(b) the funding authority shall cease to be under a duty to make maintenance grants to the governing body of the school in respect of any period beginning on or after that date and shall cease on that date to have the power to pay capital or special purpose grant to the governing body.

(7) In relation to a school in Wales before the Schools Funding Council for Wales have begun to exercise their functions, this section and section 110 of this Act shall have effect as if subsection (6)(a) above and section 110(4) and (5) were omitted.

Withdrawal or variation of notice under section 109.

110

(1) The Secretary of State may by giving notice in writing to the governing body—

(a) withdraw a notice under section 109(2) or (5)(b) of this Act,

(b) vary a notice under section 109(2) of this Act in relation to which section 109(3) of this Act applies or a notice under section 109(5)(b) of this Act by substituting another date for the date for the time being specified in the notice as the date on which the funding authority’s duty to maintain the school will cease, or

(c) vary a notice under section 109(2) of this Act, so far as relates to any measures specified in it by virtue of section 109(4)(b) of this Act.

(2) If by virtue of subsection (1)(c) above the Secretary of State varies a notice so as to require different measures to be taken, he shall also substitute for the time specified in the notice by virtue of section 109(4)(c) of this Act a time which is not earlier than that time or, where the time so specified has been extended under section 109(5)(a) of this Act, than that time as so extended.

(3) Any variation under subsection (2) above of the time specified in a notice is without prejudice to any further extension of that time under section 109(5)(a) of this Act.

(4) Where the Secretary of State withdraws a notice by virtue of subsection (1)(a) above, he shall give notice in writing of that fact to the funding authority.

(5) Where the Secretary of State varies a notice by virtue of subsection (1)(b) above, he shall give a copy of the notice as varied to the funding authority.

Winding up and disposal of property

Power to provide by order for winding-up and disposal of property.

111

(1) Where—

(a) proposals for the discontinuance of a grant-maintained school have been approved or adopted under section 106 of this Act, or

(b) the Secretary of State has given notice to the governing body of a grant-maintained school under section 109 of this Act specifying a date on which the funding authority’s duty to maintain the school will cease,

the Secretary of State may by order make provision for the winding up of the governing body and the disposal of the school property.

(2) Subsections (3) to (7) below apply for the purposes of this section and sections 112 to 116 of this Act.

(3) “Governing body in liquidation” means a governing body in respect of which any order has been made under this section.

(4) “School property”, in relation to a grant-maintained school conducted or formerly conducted by a governing body in liquidation, means—

(a) the premises used or formerly used for the purposes of the school,

(b) any interest belonging to the governing body, or held by any trustees on trust for the purposes of the school, in a dwelling house used or held or formerly used or held for occupation by a person employed to work at the school, and

(c) all other equipment and property used or held or formerly used or held for the purposes of the school (including any right to such property), except money and any investments to which section 116 of this Act applies.

(5) References to a grant-maintained school formerly conducted by a governing body in liquidation apply in circumstances where the school has been discontinued before the dissolution date and refer to the school as conducted immediately before discontinuance (and “formerly” in subsection (4)(a) to (c) above applies in the same circumstances and refers to the time immediately before the discontinuance of the school concerned).

(6) “Dissolution date”, in relation to a governing body in liquidation or the grant-maintained school conducted or formerly conducted by such a body, means the date appointed in relation to that body by virtue of section 112(5) of this Act.

(7) “Section 105 loan liabilities”, in relation to a governing body in liquidation, means any liabilities in respect of any loans made under section 105 of the Education Act 1944 (loans by Secretary of State towards initial capital expenditure of aided and special agreement schools) which were transferred to the governing body under section 38 of this Act.

Winding up.

112

(1) An order under section 111 of this Act may set out a proposed timetable for the winding up of the governing body and, in particular, for—

(a) securing that all property belonging to the governing body or held by any trustees on trust for the purposes of the school is brought into the custody or control of that body or those trustees (as the case may require),

(b) discharging any liabilities of the governing body,

(d) the preparation and audit of the governing body’s final accounts.

(2) The provision referred to in subsection (1)(c) above is provision authorised to be made—

(a) by section 114 of this Act (for or in connection with the transfer of the school property), or

(b) by section 115 of this Act (in respect of the discharge of the liabilities of the governing body).

(3) An order under section 111 of this Act may make provision as to the exercise of the governing body’s functions in relation to the school including, in particular—

(a) provision requiring the governing body in the exercise of those functions to comply with any directions given by the Secretary of State,

(b) provision authorising any of those functions to be exercised by a member of the governing body specified in the order, and

(c) provision for the application of the seal of the governing body to be authenticated by the signature of a person specified in the order.

(4) An order under section 111 of this Act—

(a) may make provision for conferring or imposing functions on the governing body in relation to the winding up and the management and disposal of the school property, and

(b) may require the governing body to give to persons employed by them notice terminating their contracts of employment as from a date specified in the order.

(5) Subject to subsection (6) below, an order under section 111 of this Act may appoint a date on which the governing body are to be dissolved.

(6) The Secretary of State shall not appoint a dissolution date unless he is satisfied that—

(a) all liabilities of the governing body (other than any section 105 loan liabilities which fall to be transferred or terminated under section 115 of this Act) have been discharged,

(b) all costs of the winding up have been met,

(c) any provision authorised by any of sections 114 to 116 of this Act which is possible and expedient in the circumstances of the case has been made, and

(d) anything required to be done by the governing body for the purposes of or in connection with any such provision has been done.

Grants to governing body in liquidation.

113

(1) The funding authority may make grants to a governing body in liquidation for the purpose of—

(a) discharging any liabilities of that governing body (other than section 105 loan liabilities), and

(b) meeting any costs incurred by that governing body for the purposes of the winding up in pursuance of an order under section 111 of this Act.

(2) The funding authority may impose on a governing body to whom such a payment is made such requirements as they may from time to time determine (whether before, at or after the time when the payment in question is made).

Disposal of school property.

114

(1) Subject to the provisions of any order under section 111 of this Act, any school property held by the governing body in liquidation immediately before the dissolution date, other than property held by them on trust for the purposes of the school, shall—

(a) in the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status, vest on that date in the local education authority, and

(b) in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, vest on that date in the funding authority.

(2) Such an order may on such date as may be specified in the order as the transfer date vest the school property or any part of it in any person specified in the order and, where the order does so, it may provide for any property so vested to be held beneficially or on such trusts as may be specified in the order.

(3) Where any school property is vested in any person other than the funding authority under subsection (1) above or is vested in pursuance of an order under section 111 of this Act, such an order may require the person in whom any property is so vested to pay in respect of the property to the Secretary of State or to such other person as may be so specified such consideration (not exceeding the maximum) as may be so specified.

(4) Subsection (3) above does not apply to property held on trust for the purposes of the school otherwise than by the governing body; but where an order under section 111 of this Act vests property so held otherwise than by the governing body in any person the order shall require that person to pay to the trustees the maximum consideration in respect of the property.

(5) The maximum consideration that may be specified in such an order in respect of any school property is—

(a) so far as the property consists of premises (including any interest in a dwelling-house such as is mentioned in section 111(4)(b) of this Act), such an amount as the Secretary of State determines to be the market value of the premises as at, or as at a date no earlier than six months before, the dissolution date or, as the case may be, the transfer date, and

(b) so far as it consists of other property, such an amount as the Secretary of State determines to be a fair consideration for the transfer of that property.

(6) Where such an order requires any person in whom any premises are vested to pay any consideration in respect of the premises, the order shall specify the amount determined by the Secretary of State under subsection (5)(a) above; and any dispute as to that amount may be referred to the Lands Tribunal by—

(a) the person in whom the premises are vested,

(b) the person from whom they are transferred, or

and shall then be determined by the Tribunal.

(7) Where—

(a) by virtue of subsection (3) or (4) above such an order requires any person in whom any premises are vested to pay any consideration in respect of the premises, and

(b) on a reference under subsection (6) above the Lands Tribunal determine a different amount from that determined by the Secretary of State,

he shall consider whether the amount of the consideration specified in the order requires alteration in the light of the determination of the Tribunal and, if it does, he shall vary the order accordingly.

(8) Where—

(a) any school property has been vested in the funding authority, or a local education authority, under subsection (1) above and, in the case of property vested in the local education authority, no order under section 111 of this Act required them to pay any consideration in respect of the property, and

(b) the funding authority or local education authority subsequently dispose of the property so vested, or any part of it,

the Secretary of State may require the authority concerned to pay to him or to such person as he may specify the whole or any part of the proceeds of the disposal.

(9) Nothing in subsection (1) above or in any provision included in an order under section 111 of this Act by virtue of this section shall affect any interest or right of a person in, to or over any school property, being an interest or right which is held by that person otherwise than for the purposes of the school.

Disposal of school property: supplementary.

115

(1) Where by virtue of an order under section 111 of this Act the premises used or formerly used for the purposes of the school, or any part of those premises, are vested in persons proposing to establish a new independent school on the premises—

(a) such an order may require those persons to discharge any liabilities of the governing body in liquidation in respect of redundancy payments, and

(b) where the order does so, those liabilities shall be taken into account in determining the amount of consideration (if any) which those persons are required to pay by virtue of section 114(3) of this Act.

(2) Subsection (1) above does not apply to any property held on trust for the purposes of the school otherwise than by the governing body.

(3) Where the premises used or formerly used for the purposes of the school, or any part of those premises, are to be used for the purposes of a new or existing grant-maintained school, an order under section 111 of this Act may provide for the transfer to the governing body of the new or existing school of such rights or liabilities of the governing body in liquidation as were acquired or incurred in connection with the premises which are to be so used.

(4) If—

(a) the school was an aided or special agreement school immediately before it became grant-maintained,

(b) proposals have been approved under section 13 of the Education Act 1980 (establishment and alteration of voluntary schools) for the maintenance as a voluntary school of a school which is proposed to be established on the school premises, and

any section 105 loan liabilities of the governing body in liquidation shall on the dissolution date be transferred to and become liabilities of the temporary governing body of the new school (subject to any variation of the terms applicable in relation to the loans in question immediately before that date that may be agreed between the Secretary of State and that governing body).

(5) If—

(a) subsection (4)(a) and (b) above apply, but

(b) no direction that the proposed school shall be an aided school has been given before the dissolution date,

any section 105 loan liabilities of the governing body shall be terminated on that date.

(6) If—

(a) any liabilities of the governing body have been terminated by virtue of subsection (5) above, and

(b) a new voluntary school is established in pursuance of any proposals approved under section 13 of the Education Act 1980 on the school premises,

the amount of those liabilities shall be treated for the purposes of section 14 of the Education Act 1944 (restrictions on discontinuance of voluntary schools by governors) as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the premises of the new school.

Surplus money and investments.

116

(1) Subject to the following provisions of this section—

(a) any money held by or for a governing body in liquidation (whether in cash or to their account at or on deposit with any bank or other institution), and

(b) any investments to which this section applies held by or for such a governing body,

shall, after discharge of the liabilities and costs mentioned in subsection (2) below, be paid or (as the case may be) transferred by the governing body to the Secretary of State.

(2) The liabilities and costs referred to in subsection (1) above are—

(a) all the liabilities of the governing body in liquidation (other than any not required to be discharged before the dissolution date is appointed), and

(b) all costs of the winding up.

(3) Where the Secretary of State is satisfied as to the whole or any part of any such money or as to any such investments—

(a) that the money or that part of it was derived or (as the case may be) those investments were acquired otherwise than from grants paid by him or the funding authority under this Part of this Act, and

(b) that it ought to be paid, or the investments ought to be transferred, to a local education authority or to some other person,

he may require the governing body to pay the money or (as the case may be) an amount equal to the part in question, or to transfer those investments, to such local education authority or other person as he may specify, either beneficially or to be held on trust for such purposes as he may specify.

(4) Where the premises of the school are to be used for the purposes of a new or existing grant-maintained school, the Secretary of State may require the governing body in liquidation, after discharge of the liabilities mentioned in subsection (2) above—

(a) to pay any money held by or for them, and

(b) to transfer any investments to which this section applies held by or for them,

to the governing body of the new or existing grant-maintained school, either beneficially or to be held on trust for such purposes as he may specify.

(5) Without prejudice to the powers of the Secretary of State under subsections (3) and (4) above, any payment of money or transfer of investments under this section shall be free of any trusts on which the money or investments are held by the governing body before the payment or transfer is made.

(6) This section applies to any investment within the meaning of the Financial Services Act 1986 which falls within—

(a) any of paragraphs 1 to 6 of Schedule 1 to that Act (investments and investment business), or

(b) paragraph 11 of that Schedule, so far as referring to investments falling within any of paragraphs 1 to 6.

(7) References in subsection (6) above to any paragraphs of Schedule 1 to the Financial Services Act 1986 include references to those paragraphs as amended by any order under section 2 of that Act (power to extend or restrict scope of Act) which amends those paragraphs for the purposes of all the provisions of that Act.

Chapter IX — GROUPS OF GRANT-MAINTAINED SCHOOLS

Nature of group.

117

(1) Subject to the provisions of this Chapter, two or more grant-maintained schools may be conducted as a group by a single governing body.

(2) In the case of such a group—

(a) there shall be an instrument (to be known as the instrument of government) providing for the constitution of the governing body, and

(b) for each school in the group there shall be an instrument (to be known as the articles of government) in accordance with which the school is to be conducted.

(3) The instrument and articles of government—

(a) shall comply with any requirements imposed by or under this Chapter, and

(b) may make any provision authorised by or under this Chapter to be made and such other provision as may be necessary or desirable.

(4) Subject to any express provision of the instrument or articles of government, each school in such a group shall be conducted in accordance with any trust deed relating to it.

(5) Schedules 5 and 6 to this Act shall have effect in relation to groups of grant-maintained schools with such modifications as may be prescribed.

(6) Subject to any provision made by or under this Chapter, where there is a group of grant-maintained schools any provision of an enactment which applies to such schools shall apply separately in relation to each of the schools.

(7) References in this Chapter to a group are to a group of grant-maintained schools conducted, or to be conducted, by a single governing body.

Instruments and articles of government for group.

118

(1) The initial instrument of government for the governing body of a group and the initial articles of government for each school in the group shall be such as are prescribed.

(2) The initial instrument of government shall have effect as from the date on which the governing body are incorporated.

(3) The initial articles of government shall have effect as from the date of implementation of the proposals in pursuance of which the school became a member of the group.

(4) Section 57 of this Act shall apply in relation to the governing body of a group as it applies in relation to the governing body of a grant-maintained school.

(5) Section 58 of this Act shall apply in relation to a school in a group as it applies in relation to other grant-maintained schools.

Parent governors.

119

(1) The instrument of government for the governing body of a group shall provide for the governing body to include parent governors.

(2) The number of parent governors shall not be—

(a) less than three, or

(b) subject to paragraph (a) above, more than the number of schools in the group.

(3) Subject to subsection (6) below, the parent governors shall be elected by persons who are registered parents of registered pupils at schools in the group, but, if any of the schools in the group is established in a hospital, the instrument may provide for any of the parent governors to be appointed by the other members of the governing body.

(4) To qualify for such election a person must himself when he is elected be a registered parent of a registered pupil at one of the schools in the group and, to qualify for such appointment, a person must when he is appointed be such a parent or, if that is not reasonably practicable, a parent of one or more children of compulsory school age.

(5) The instrument shall provide for each parent governor to hold office for a term of four years.

(6) The instrument shall provide that if—

(a) one or more vacancies for parent governors are required to be filled by election, and

(b) the number of parents standing for election as parent governors is less than the number of vacancies,

the required number of parent governors shall be made up by persons appointed by the other members of the governing body.

(7) The instrument shall require governors, in appointing a person under a provision made by virtue of subsection (6) above—

(a) to appoint a person who is the registered parent of a registered pupil at one of the schools in the group, where it is reasonably practicable to do so, and

(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age.

Teacher governors.

120

(1) The instrument of government for the governing body of a group shall provide for the governing body to include either one or two teacher governors.

(2) Each teacher governor shall be elected by persons who are teachers at schools in the group.

(3) To qualify for such election, a person must himself when he is elected be a teacher at one of the schools in the group.

(4) The instrument shall provide for each teacher governor to hold office for a term of four years.

Head teacher governors.

121

The instrument of government for the governing body of a group shall provide for the head teacher of each school in the group to be an ex officio governor, unless he chooses not to be.

Core governors.

122

(1) The instrument of government for the governing body of a group shall provide for the governing body to include core governors.

(2) Schedule 8 to this Act (which makes provision in relation to core governors for groups) shall have effect.

(3) The instrument shall provide for core governors to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

Power of the Secretary of State to replace core governors.

123

(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) below 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 Chapter I of Part V of this Act, 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 210 of this 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 Part have the same meaning as in that Part.

(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 8 to this Act shall not apply for the purposes of the appointment by virtue of this section of any core governor.

Additional governors.

124

(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) above 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 122(3) of this Act and Schedule 8 to this Act do not apply to additional core governors.

Powers.

125

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 68 of this Act on the governing body of a grant-maintained school.

Application of maintenance grants in the case of groups.

126

(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) above, 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 84(1) or, as the case may be, 90(1) of this Act, 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 81(3) or, as the case may be, 87(2) of this Act.

School acquiring grant-maintained status as a member of a group, etc.

127

(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) above 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) above 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 119 to 123 of this Act, Schedule 8 to this Act 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 57(1) of this Act for the governing body comes into effect,

with such modifications as may be prescribed.

(6) Where proposals for the purposes of subsection (1)(a) above in relation to any schools, or proposals for the purposes of subsection (1)(c) above 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) above 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

regulations may provide for any provision of this Part of this Act, other than this Chapter, to apply with such modifications as may be prescribed.

(9) Regulations may make provision for the governing body of a group to be reconstituted where any change occurs in the membership of the group.

(10) The Secretary of State may instead of, or in addition to, prescribing requirements for the purposes of subsection (1) above 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

to be approved.

(11) This section does not apply to nursery schools.

Chapter X — GENERAL AND MISCELLANEOUS

Further education

Provision of further education in grant-maintained schools.

128

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 nineteen years,

to secure that it is not provided at any time in a room where pupils are at that time being taught except in such circumstances as may be prescribed.

Provision of benefits and services by local education authority

Provision of benefits and services for pupils by local education authority.

129

(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.

Transfer and disposal of premises

Transfer of premises to trustees.

130

(1) Where grant under section 53(2) of this Act or capital grant is paid to the governing body of a grant-maintained school established in pursuance of proposals published under section 49 of this Act in respect of the provision of a site for the school or of school buildings, a requirement shall be imposed under section 53 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 to—

(a) form part of the school premises, and

(b) 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 68(7) of this Act does not apply to a transfer required by this subsection.

(3) In this section “site” does not include playing fields.

Disposal of premises on transfer of school to new site.

131

(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) above 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 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) above 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) above in a case in which they may also be required to pay any sum to a local education authority under paragraph 8 of the First Schedule to the Education Act 1946 in respect of the disposal of the same premises, that paragraph 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 that paragraph.

(5) In subsection (3)(a) above “site” does not include playing fields.

Disposal of premises transferred under section 38.

132

(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 38(1)(a) of this Act, 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) below, 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) above, 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) above, and

(b) the reference in subsection (2)(b) above 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 131 of this Act.

Disposal of premises held by trustees.

133

(1) This section applies where any premises—

(a) transferred to the governing body of a grant-maintained school under section 38(1)(a) of this Act, 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.

Disposal of premises provided, etc. by the funding authority.

134

(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) above 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 130 of this Act or in pursuance of section 131(3) of this Act) 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.

Interpretation of sections 130 to 134.

135

(1) For the purposes of sections 131 and 132 of this Act, 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 130 to 134 of this Act “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 131 to 134 of this Act—

(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) above—

(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 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) above, expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.

Modification of instruments

Variation of trust deeds etc. by order.

136

(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 any scheme under section 69 of this Act, 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 100 of this Act.

(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.

Modification of instruments relating to land held for purposes of voluntary schools.

137

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.

Religious education, worship etc.: classes of grant-maintained school

Former county schools and certain schools established as grant-maintained schools.

138

(1) Subject to section 141 of this Act, this section applies 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 48 of this Act, or

(c) it was established in pursuance of proposals published under section 49 of this Act and neither any trust deed relating to the school nor the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.

(2) Subject to the following provisions of this section, in the case of a school to which this section applies the collective worship required in the school by section 6 of the Education Reform Act 1988 (collective worship) shall be wholly or mainly of a broadly Christian character.

(3) For the purposes of subsection (2) above, collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.

(4) Every act of collective worship required by section 6 of that Act in the case of a school to which this section applies need not comply with subsection (2) above provided that, taking any school term as a whole, most such acts which take place in the school do comply with that subsection.

(5) Subject to subsections (2) and (4) above—

(a) the extent to which (if at all) any acts of collective worship required by section 6 of that Act which do not comply with subsection (2) above take place in such a school,

(b) the extent to which any act of collective worship in such a school which complies with subsection (2) above reflects the broad traditions of Christian belief, and

shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with subsection (6) below.

(6) Those considerations are—

(a) any circumstances relating to the family backgrounds of the pupils concerned which are relevant for determining the character of the collective worship which is appropriate in their case, and

(b) their ages and aptitudes.

(7) Where under section 12 of the Education Reform Act 1988 (determination by standing advisory councils of the cases in which the requirement for Christian worship is not to apply) a standing advisory council on religious education determine that it is not appropriate for subsection (2) above to apply in the case of a school to which this section applies, or in the case of any class or description of pupils at such a school (or where they had so determined in the case of a school or pupils at a school before it became grant-maintained) then, so long as that determination has effect—

(a) that subsection shall not apply in relation to that school or (as the case may be) in relation to those pupils, and

(b) the collective worship required by section 6 of that Act (collective worship) in the case of that school or those pupils shall not be distinctive of any particular Christian or other religious denomination (but this shall not be taken as preventing that worship from being distinctive of any particular faith).

(8) The arrangements for collective worship in a school to which this section applies required by section 6 of that Act shall be made by the head teacher after consultation with the governing body.

(9) The provision for religious education for pupils at the school which is required by section 2(1)(a) of that Act (basic curriculum for schools) shall be provision for religious education in accordance with the appropriate agreed syllabus.

(10) That syllabus shall not provide for religious education to be given to pupils at the school by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in the syllabus for the study of such catechisms or formularies).

(11) If, in the case of a secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 9 of that Act (religious education - exceptions etc.) to receive religious education elsewhere, the governing body are satisfied—

(a) that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and

(b) that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall upon the governing body,

the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.

(12) References in this section to acts of collective worship in a school to which this section applies include references to any such act which under section 6 of that Act takes place otherwise than on the school premises.

Former controlled schools.

139

(1) Subject to section 141 of this Act, this section applies in relation to a grant-maintained school which was a controlled school immediately before it became grant-maintained.

(2) The provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education—

(a) in accordance with any arrangements made under subsection (3) below, or

(b) subject to any such arrangements, in accordance with the appropriate agreed syllabus.

(3) Where the parents of any pupils at the school have requested (whether before or after the school became grant-maintained) that the pupils may receive religious education—

(a) in accordance with any provisions of the trust deed relating to the school, or

(b) where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a grant-maintained school,

the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.

Former aided or special agreement schools and certain schools established as grant-maintained schools.

140

(1) Subject to section 141 of this Act, this section applies in relation to a grant-maintained school if—

(a) it was an aided or special agreement school immediately before it became grant-maintained, or

(b) it was established in pursuance of proposals published under section 49 of this Act and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.

(2) The provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education—

(a) in accordance with any provisions of any trust deed relating to the school or, where provision for that purpose is not made by such a deed—

(i) in the case of a former aided or special agreement school, in accordance with the practice observed in the school before it became a grant-maintained school, or

(ii) in the case of a school established in pursuance of proposals published under section 49 of this Act, in accordance with the statement required by paragraph 8 of Schedule 3 to this Act, or

(b) in accordance with any arrangements made under subsection (3) below.

(3) Where the parents of any pupils at the school—

(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority for the area in which the school is situated for use in schools maintained by the authority, and

(b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,

the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.

(4) Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 2(1)(a) of the Education Reform Act 1988.

(5) The head teacher of a school to which this section applies shall give notice in writing to the council constituted under section 11 of that Act (standing advisory councils on religious education) by the local education authority in whose area the school is of any agreed syllabus which is in use at the school in accordance with subsection (3) above.

Changes in religious education and worship.

141

(1) Subsection (2) below applies where, in the case of a school in relation to which section 138 or 139 of this Act 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 98 of this Act.

(2) From the time at which the proposals fall to be implemented—

(a) the required provision for religious education shall (subject to subsection (3) below) be provision for religious education either in accordance with the tenets of that religion or religious denomination or in accordance with any arrangements made under section 140(3) of this Act (as applied by paragraph (b) below),

(b) section 140(3) to (5) of this Act shall apply in relation to the school, and

(c) any provisions of section 138 or 139 of this Act which apply in relation to the school shall cease to apply in relation to it.

(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 98 of this Act—

(a) section 138 of this Act shall apply in relation to the school from the time at which the proposals fall to be implemented, and

(b) any provisions of section 139 or 140 of this Act which apply in relation to the school shall cease to apply in relation to it 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 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum.

Meaning of “the appropriate agreed syllabus” in sections 138 and 139.

142

(1) For the purposes of sections 138(9) and 139(2) of this Act, “the appropriate agreed syllabus”, in relation to a grant-maintained school or to any pupils at it, is—

(a) the agreed syllabus adopted or deemed to be adopted for the time being by the local education authority for the area in which the school is situated for use in the schools maintained by the authority,

(b) if there is more than one such syllabus, whichever of them the governing body shall determine, or

(c) if the governing body select for the school or those pupils an agreed syllabus which was adopted or deemed to be adopted by a local education authority, other than the authority in whose area the school is, on or after 29th September 1988 and which has not been replaced by a new agreed syllabus, that syllabus.

(2) In relation to a school in Wales, in subsection (1)(c) above “local education authority” means a local education authority in Wales.

Religious education, worship etc.: religious opinions etc. of staff

Former county schools and certain schools established as grant-maintained schools.

143

(1) Subject to section 145 of this Act, subsections (2) to (4) below 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 48 of this Act, or

(c) it was established in pursuance of proposals published under section 49 of this Act and neither any trust deed relating to the school nor the statement required by paragraph 8 of Schedule 3 to this Act 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.

Former voluntary schools and certain schools established as grant-maintained schools.

144

(1) Subject to section 145 of this Act, subsections (2) and (3) below 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 49 of this Act and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to this Act 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) above, in the case of a school which was a voluntary school immediately before it became grant-maintained, any of the provisions of section 30 of the Education Act 1944 (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.

Changes in religious character of schools.

145

(1) Where, in the case of a school in relation to which section 143(2) to (4) of this Act 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 98 of this Act—

(a) section 144(2) and (3) of this Act shall apply in relation to the school from the time at which the proposals fall to be implemented, and

(b) subject to subsection (2) below, section 143(2) to (4) of this Act shall cease to apply in relation to the school from that time.

(2) Without prejudice to section 144(2) and (3) of this Act, section 143(2) to (4) of this Act 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 98 of this Act—

(a) section 143(2) to (4) of this Act shall apply in relation to the school from the time at which the proposals fall to be implemented, and

(b) section 144(2) and (3) of this Act 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 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum.

Religious education, worship etc.: general

Reconsideration of agreed syllabus: consultation with grant-maintained schools.

146

Where any agreed syllabus for the time being adopted by a local education authority which is in use at a grant-maintained school within the area of the authority (or for any pupils at such a school) falls to be reconsidered under the Fifth Schedule to the Education Act 1944 (procedure for preparing and bringing into operation agreed syllabus for religious instruction), the conference convened under that Schedule to reconsider the syllabus shall consult the governing body of the grant-maintained school before making any recommendation.

Standing advisory councils on religious education.

147

(1) For section 11(3)(b) of the Education Reform Act 1988 (standing advisory councils on religious education) there is substituted—

(b) a person appointed by the governing bodies of the grant-maintained schools within the area of the authority to which section 138 or 139 of the Education Act 1993 applies.

(2) At the end of section 11 of the Education Reform Act 1988 there is added—

(11) The council shall send to the head teacher of any grant-maintained school to which section 138 of the Education Act 1993 applies and which is in the area of the authority a copy of advice which they give to the authority upon matters connected with religious worship. (12) The council shall send a copy of advice which they give to the authority on the religious education to be given in accordance with an agreed syllabus to the head teacher of any grant-maintained school which is in the area of the authority and which— (a) is required, by virtue of section 138 or 140 of the Education Act 1993 (religious education in certain grant-maintained schools), to provide religious education in accordance with an agreed syllabus, or (b) was a controlled school immediately before it became grant-maintained.

Cases where no requirement for Christian collective worship.

148

In section 12 of the Education Reform Act 1988 (determination by advisory councils of the cases in which the requirement for Christian collective worship is not to apply)—

(a) in subsection (1)—

(i) for “the head teacher of any county school” there is substituted—

(a) the head teacher of any county school; or (b) the head teacher of any grant-maintained school to which section 138 of the Education Act 1993 applies and which is in the area of the local education authority which constituted the council

, and

(ii) after “this Act” there is inserted “ or, as the case may be, section 138(2) of the Education Act 1993 ”,

(b) in subsection (4) after “section 7” there is inserted “ of this Act or, as the case may be, section 138 of the Education Act 1993 ”,

(c) in subsection (9) after “county school” there is inserted “ or of any grant-maintained school to which subsection (1) above applies ”, and

(d) after subsection (10) there is inserted—

(11) Where an application is made under subsection (1)(a) above in respect of a school which becomes a grant-maintained school before the application is determined, it shall, unless withdrawn by the head teacher, continue to be considered as if made under subsection (1)(b) above.

Approved admission number

Minimum number for admission.

149

(1) The governing body of a grant-maintained school shall not fix as the number of pupils in any relevant age group it is intended to admit to the school in any school year a number which is less than the approved admission number for that age group.

(2) Subject to subsections (3) and (4) below and sections 150 and 151 of this Act, the approved admission number for any relevant age group is the number specified in the proposals published under section 32, 48 or 49 of this Act (as the case may be) as the number of pupils intended to be admitted to the school in that age group in the first school year beginning on or after the date of implementation of the proposals.

(3) Where proposals for a significant change in the character, or significant enlargement of the premises, of a grant-maintained school or for the transfer of such a school to a new site have been approved or adopted under section 98 of this Act, the approved admission number for any relevant age group for any school year for which the proposals have been wholly or partly implemented is—

(a) the number specified in the proposals as the number of pupils proposed to be admitted to the school in that age group in the first school year in relation to which the proposals have been fully implemented, or

(b) if for any school year for which the proposals have been partly implemented the Secretary of State directs the substitution of a different number, that number.

(4) The approved admission number in relation to any relevant age group may be varied in the case of any such school with the approval of the Secretary of State.

(5) For the purposes of this section and sections 150 and 151 of this Act admission to any school for nursery education shall be disregarded.

Alteration of minimum number by Secretary of State.

150

(1) This section applies in relation to any grant-maintained school unless the funding authority have the function under section 151 of this Act in relation to that school.

(2) The Secretary of State may by order increase the approved admission number for any relevant age group to such number as may be specified in the order for any school year specified in the order beginning after the date of the order.

(3) No direction may be given under subsection (2) above which would have the effect of requiring such an increase in the number of pupils to be admitted to the school as would—

(a) constitute a significant change in the character of the school, or

(b) involve any alteration of the premises of the school.

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