Education Act 1993 (repealed)

• (b) if in the case of a county, voluntary or maintained special school it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

• (2) In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by section 207(1)(b) of this Act to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and the Secretary of State.

• (3) In any case, copies of the report and summary shall be sent by the person who made the report—

• (a) to the Chief Inspector (unless the report was made by a member of the Inspectorate),

• (b) to the head teacher of the school,

• (c) in the case of a county, voluntary or maintained special school, to whichever of the local education authority and the governing body are not the appropriate authority,

• (d) in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority,

• (e) to any person named as a sponsor of the school in the instrument of government, and

• (f) in the case of any school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 8 to this Act, to that person.

• (4) The appropriate authority shall—

• (a) make a copy of any report and summary sent to the authority under subsection (1) or (2) above available for inspection by members of the public at such times and at such place as may be reasonable,

• (b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

• (c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.

Special measures

Special measures by appropriate authority.

210

• (1) Where—

• (a) a report of a section 9 inspection of a school, or

• (b) a report of an inspection of a school made by a member of the Inspectorate which is required by section 207(1)(b) of this Act to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

• (2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this subsection, that is—

• (a) such period as may be prescribed, or

• (b) if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this subsection does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

• (3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

• (a) to the Chief Inspector,

• (b) in the case of a county, voluntary or maintained special school, to whichever of the governing body and the local education authority are not the appropriate authority,

• (c) in the case of a grant-maintained or grant-maintained special school, to the Secretary of State, and

• (d) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

• (4) If in the case of a county, voluntary or maintained special school—

• (a) the statement is prepared in response to a report of an inspection of the school in which the person who made the report expresses the opinion that special measures are required to be taken in relation to the school, and

• (b) that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion,

the appropriate authority shall, before the end of the prescribed period, send a copy of the statement to the Secretary of State.

• (5) The appropriate authority shall also send a copy of the statement—

• (a) in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority,

• (b) to any person named as a sponsor of the school in the instrument of government, and

• (c) in the case of any school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 8 to this Act, to that person.

• (6) The appropriate authority shall—

• (a) make any statement prepared by them under this section available for inspection by members of the public, at such times and at such place as may be reasonable,

• (b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

• (c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

• (7) Where the governing body of a school have prepared a statement under this section, they shall in the report referred to in section 30 of the Education (No. 2) Act 1986 or, as the case may be, in paragraph 8 of Schedule 6 to this Act state the extent to which the proposals set out in the statement (or if there is more than one, the most recent statement) have been carried into effect.

Additional special measures by local education authority.

211

• (1) This section applies in circumstances where—

• (a) in a report of an inspection of a county, voluntary or maintained special school the governing body of which have a delegated budget the person who made the report 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, and

• (c) the local education authority receive a copy of a statement prepared under section 210 of this Act in response to the report or the period prescribed for the purposes of subsection (3) of that section expires.

• (2) The local education authority shall—

• (a) prepare a written statement of any action they propose to take in the light of the report, and the period within which they propose to take such action, or, if they do not propose to take any such action, of their reasons for not doing so, and

• (b) send a copy of the statement prepared under paragraph (a) above, together with their comments on any statement prepared under section 210 of this Act of which they have received a copy, to the Secretary of State and the Chief Inspector and, in the case of an aided or special agreement school, to the person who appoints the foundation governors and (if different) to the appropriate appointing authority.

• (3) It is the duty of the local education authority to prepare the statement within the period allowed by this subsection, that is—

• (a) such period as may be prescribed, or

• (b) if in the case of any report the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this subsection does not relieve the local education authority of any duty to prepare a statement which has not been performed within that period.

Monitoring special measures and further inspections.

212

• (1) This section applies in circumstances where—

• (a) in a report of an inspection of a school 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) a statement has been prepared under section 210 of this Act or the period prescribed for the purposes of subsection (3) of that section has expired, and

• (d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

• (2) Regulations may make provision with a view to securing that any measures taken by the appropriate authority and, in the case of a school which has a delegated budget, the local education authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

• (3) The regulations may, in particular, provide for reports to be made, by such persons and at such intervals as may be prescribed.

• (4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

• (5) In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of subsection (4) above—

• (a) states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

• (b) states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Chapter.

Chapter II — NEW POWERS OVER SCHOOLS REQUIRING SPECIAL MEASURES

Miscellaneous powers and restrictions

Schools to which sections 214 to 217 apply.

213

Sections 214 to 217 of this Act apply only to county, voluntary and maintained special schools and do not apply to a school at any time unless, at that time—

• (a) there is a report of an inspection of the school 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, 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 not exercised his powers under section 220 of this Act in relation to the school.

Appointment of additional governors.

214

• (1) If at any time—

• (a) this section applies in relation to any county, controlled or maintained special school, and

• (b) the conditions in subsection (2) below are satisfied,

the local education authority may appoint such number of additional governors as they think fit.

• (2) Those conditions are that—

• (a) a copy of a statement prepared—

• (i) in the case of a school not having a delegated budget, under section 210 of this Act, and

• (ii) in any other case, under section 211 of this Act,

has been sent to the Secretary of State,

• (b) the local education authority have received a notice in writing in which the Secretary of State acknowledges receipt of the copy, and

• (c) not less than ten days have elapsed since the date of the notice.

• (3) The Secretary of State may in respect of any particular school determine that subsection (2)(c) above shall have effect as if the reference to ten days were to such shorter period as he may determine.

• (4) In relation to any appointment made by the local education authority by virtue of subsection (1) above to the governing body of a school—

• (a) the instrument of government for the school, or

• (b) if the governing body of the school are constituted in accordance with arrangements under section 12 of the Education (No. 2) Act 1986 (temporary governing bodies for new schools), those arrangements,

shall have effect as if, notwithstanding paragraph (b) of section 3(2), (3), (4) and (5) of that Act (governing bodies for county schools, etc.), the instrument or, as the case may be, arrangements authorised the local education authority to appoint such number of additional governors as they think fit.

• (5) If at any time—

• (a) this section applies in relation to an aided or special agreement school, and

• (b) the conditions in subsection (6) below are satisfied,

the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.

• (6) Those conditions are—

• (a) that a period of ten days has elapsed since—

• (i) in the case of a school not having a delegated budget, the period prescribed for the purposes of section 210(3) of this Act expired, and

• (ii) in any other case, the period allowed under section 211(3) of this Act for preparing a statement under that section expired, or

• (b) that the Secretary of State has received a copy of a statement prepared—

• (i) in the case of a school not having a delegated budget, under section 210 of this Act, and

• (ii) in any other case, under section 211 of this Act,

and has served notice in writing on the appropriate appointing authority stating that the power conferred by subsection (5) above is exercisable.

• (7) The Secretary of State may by notice in writing served on the appropriate appointing authority determine that subsection (6)(a) above shall have effect as if the reference to ten days were to such shorter period as he may determine.

• (8) In the case of any appointment made by virtue of subsection (5) above to the governing body of a school—

• (a) the instrument of government for the school, or

• (b) if the governing body are constituted in accordance with arrangements under section 12 of the Education (No. 2) Act 1986, those arrangements,

shall have effect as if, notwithstanding section 4(3) of that Act (foundation governors for aided and special agreement schools), the instrument or, as the case may be, arrangements authorised the appropriate appointing authority to appoint such number of additional foundation governors as they think fit.

• (9) Where in the case of any aided or special agreement school which is not a Church of England school, Church in Wales school or Roman Catholic Church school there are different powers to appoint foundation governors, references in this section (other than subsection (6) and (7)) to the appropriate appointing authority are to—

• (a) all those persons who have any such power acting jointly, or

• (b) if they are unable to agree, such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.

Suspension of right to delegated budget.

215

• (1) If at any time—

• (a) this section applies in relation to any county, controlled or maintained special school in respect of which financial delegation is required, and

• (b) the conditions in subsection (2) below are satisfied,

the local education authority may by giving the governing body of the school notice of suspension suspend the right to a delegated budget with effect from the receipt by the governing body of the notice; and a copy of the notice shall be given to the head teacher of the school at the same time as the notice is given to the governing body.

• (2) Those conditions are that—

• (a) a copy of a statement prepared under section 211 of this Act has been sent to the Secretary of State,

• (b) the local education authority have received a notice in writing in which the Secretary of State acknowledges receipt of the copy, and

• (c) not less than ten days have elapsed since the date of the notice.

• (3) The Secretary of State may in respect of any particular school determine that subsection (2)(c) above shall have effect as if the reference to ten days were to such shorter period as he may determine.

• (4) A suspension by virtue of this section shall have effect for the purposes of Chapter III of Part I of the Education Reform Act 1988 as if made under section 37 of that Act, but subsection (8)(a) of that section (right to appeal against imposition of suspension) does not apply in relation to a suspension by virtue of this section.

• (5) Expressions used in this section and that Chapter have the same meaning as in that Chapter.

Grouping and de-grouping.

216

• (1) If at any time—

• (a) this section applies in relation to any county, voluntary or maintained special school, and

• (b) the local education authority have received a copy of the report referred to in section 213(a) of this Act,

they may not pass a resolution under section 9 of the Education (No. 2) Act 1986 (grouping of schools under single governing body) for two or more schools to be grouped if any of the schools is a school to which this section applies.

• (2) If at any time—

• (a) this section applies in relation to any county, voluntary or maintained special school, and

• (b) the Secretary of State has received a copy of the report referred to in section 213(a) of this Act,

he may by order under section 9(6) of the Education (No. 2) Act 1986 bring to an end any grouping under that section of schools which include a school to which this section applies, whether or not the grouping is one in respect of which his consent was at any time required under section 10 of that Act.

Prohibition on ballot under Part II.

217

• (1) If at any time—

• (a) this section applies in relation to any county or voluntary school, and

• (b) the governing body have received a copy of the report referred to in section 213(a) of this Act,

then, notwithstanding anything in sections 25 or 26 of this Act, the governing body of the school may not secure that any ballot is held under Chapter II of Part II of this Act.

• (2) If at any time—

• (a) this section applies in relation to a maintained special school, and

• (b) the governing body have received a copy of the report referred to in section 213(a) of this Act,

regulations under section 186 of this Act shall not apply in relation to the school.

Education associations

Power to establish education associations.

218

• (1) Where—

• (a) the powers conferred by section 220 of this Act are exercisable by the Secretary of State in relation to a school, and

• (b) he is of the opinion that the school should be conducted by a body corporate established under this section and that no suitable body corporate have been so established,

he may by order provide for the establishment of a body corporate under the name given in the order.

• (2) Bodies corporate established under this section shall be known as “education associations”.

• (3) An education association shall consist of not less than five members appointed by the Secretary of State, one of whom shall be so appointed as chairman.

• (4) Before making an order under this section in the case of a voluntary school, the Secretary of State shall consult—

• (a) if it is a Church of England school, Church in Wales school or Roman Catholic Church school, the appropriate diocesan authority, and

• (b) in any other case, the person who appoints the foundation governors.

• (5) An education association—

• (a) must include at least one member who appears to the Secretary of State to have experience of, and to have shown capacity in, the provision of primary or secondary education or to have held, and shown capacity in, any position carrying responsibility for the provision of such education,

• (b) if the association conduct any school which was a voluntary school, must include at least one member who appears to the Secretary of State to have experience of, and to have shown capacity in, the provision of education in voluntary schools, and

• (c) if the association conduct a special school, must include at least one member who appears to the Secretary of State to have experience of, and to have shown capacity in, providing for children with special educational needs,

but one person may satisfy the requirement in paragraph (a) above as well as that in paragraph (b) or (c) above.

• (6) Schedule 12 to this Act has effect in respect of education associations.

• (7) Subject to the following provisions of this Chapter—

• (a) references in any enactment to the governing body of any school, or to the foundation governors of any school, are to be read, in relation to a school conducted by an education association, as references to that association, and

• (b) references in any enactment to the governors of any school are to be read, in relation to a school conducted by an education association, as references to the members of the association.

• (8) Where an education association conduct more than one school, then, subject to the following provisions of this Chapter, any provision of an enactment which applies to schools shall apply separately in relation to each of the schools.

Supervision of education associations by the Secretary of State.

219

• (1) An education association shall, in exercising their functions, comply with any directions given by the Secretary of State.

• (2) Before giving a direction under this section, the Secretary of State shall consult the education association or (as the case may be) each education association to which the direction applies unless, for reasons of urgency, it is not in his opinion reasonably practicable for him to do so.

• (3) The Secretary of State shall publish any directions given by him under this section in such manner as he thinks fit.

Transfer of responsibility for conducting school to an education association.

220

• (1) The powers conferred by this section are exercisable by the Secretary of State in relation to any county school or voluntary school at any time if, at that time—

• (a) there is a report of an inspection of the school 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) 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

• (d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

• (2) Where—

• (a) the powers conferred by this section are exercisable by the Secretary of State in relation to a school,

• (b) he is of the opinion that the school should be conducted by an education association, and

• (c) if the school is a voluntary school, he has consulted the person who appoints the school’s foundation governors and such other persons as he thinks appropriate,

he may by order provide for the school to be conducted by an education association named in the order as from such date as may be specified in the order (referred to in this Part of this Act as the “transfer date”).

• (3) On making an order under this section the Secretary of State shall give notice in writing of the order to the governing body and head teacher of the school, to the local education authority and (except in the case of a school in Wales before the Schools Funding Council for Wales begin to exercise their functions) the funding authority.

• (4) On the transfer date—

• (a) the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and

• (b) any special agreement relating to the school shall cease to have effect.

Effect of order under section 220.

221

• (1) This section applies in relation to a school where an order under section 220 of this Act has been made.

• (2) A school conducted by an education association may not cease to be so conducted unless—

• (a) it becomes a grant-maintained school, or

• (b) the school is discontinued.

• (3) The following subsections have effect subject to the following provisions of this Chapter.

• (4) Subject to subsection (7) below, references in any enactment to grant-maintained schools include schools conducted by education associations.

• (5) References in any enactment to schools the governing bodies of which are incorporated under Chapter II of Part II of this Act (however expressed) include schools conducted by education associations.

• (6) Subject to subsection (7) below, references in any enactment—

• (a) to any school becoming grant-maintained (whether the reference is to its acquiring grant-maintained status or is expressed in any other form), or

• (b) to the date of implementation of the proposals under which it becomes grant-maintained,

are in the case of schools conducted by education associations references to the school beginning to be conducted by the association or, as the case may be, to the transfer date.

• (7) References in any enactment to schools the governing bodies of which are incorporated under Chapter IV of Part II of this Act (however expressed) do not include schools conducted by education associations.

Functions of education associations.

222

• (1) Where an order under section 220 of this Act provides for an education association to conduct a school, the association may as from the transfer date conduct the school; and their power under this subsection is to conduct a school of the same description as the school immediately before that date.

• (2) An education association shall conduct any school for which they are the governing body so as to secure, so far as it is practicable to do so, the elimination of any deficiencies in the conduct of the school identified in any report made by a registered inspector or member of the Inspectorate.

• (3) A school conducted by an education association shall not be regarded as of a different description, where changes have been made in the character or premises of the school since the transfer date, to that immediately before that date if the changes—

• (a) did not require authorisation under Chapter VII of Part II of this Act, or

• (b) were authorised under that Chapter.

• (4) Subject to any provision made by the articles of government for the school, an education association may provide education at any school conducted by them which is neither primary nor secondary education if—

• (a) it is part-time education suitable to the requirements of persons of any age over compulsory school age, or full-time education suitable to the requirements of persons who have attained the age of nineteen years,

• (b) it is part-time education suitable to the requirements of junior pupils who have not attained the age of five years and the school provides full-time education for junior pupils of the same age, or

• (c) they do so as agents for a local education authority under arrangements made with the authority for the purpose.

Conduct of school.

223

• (1) Each school conducted by an education association shall be conducted in accordance with an instrument to be known as the articles of government.

• (2) Subject to any express provision of the articles of government, the school shall be conducted in accordance with any trust deed relating to it.

• (3) The initial articles of government for such a school shall be such as are prescribed and, subject to subsection (4) below, shall have effect as from the transfer date.

• (4) Such of the articles as may be prescribed shall have effect as from such date prior to the transfer date as may be prescribed.

• (5) The education association may, with the consent of the Secretary of State—

• (a) make new articles of government in place of the existing articles for the school, or

• (b) modify the existing articles for the school.

• (6) The Secretary of State may by a direction under this section, in the case of schools conducted by education associations, any class of such schools specified in the direction or any particular school conducted by an education association so specified, require each education association conducting any school to which the direction applies to modify its articles of government in any manner so specified.

• (7) Before giving a direction under this section, the Secretary of State shall consult each education association conducting any school to which the direction applies.

School conducted by education association acquiring grant-maintained status.

224

• (1) Where the Secretary of State—

• (a) has received a copy of a report under section 227(2) of this Act in respect of a school conducted by an education association, and

• (b) is of the opinion that the school should become a grant-maintained school,

he may give notice in writing of his opinion to the head teacher of the school, the education association, the local education authority and (except in the case of a school in Wales before the Schools Funding Council for Wales have begun to exercise their functions) the funding authority.

• (2) An education association which receive a notice under subsection (1) above in respect of a school shall, within the period of three months beginning with the receipt of the notice, publish proposals under section 32 of this Act.

• (3) In relation to proposals published under section 32 of this Act by virtue of this section and the incorporation of a governing body in pursuance of such proposals, Chapters II and V of Part II of this Act shall have effect—

• (a) as if the school to which the proposals relate had continued, after the transfer date, to be a county or, as the case may be, voluntary school, and

• (b) with such other modifications as may be prescribed.

Discontinuance of school conducted by education association.

225

• (1) Where the Secretary of State is of the opinion that a school conducted by an education association should be discontinued, he shall give notice in writing of his opinion and of the discontinuance date to—

• (a) the education association,

• (b) the local education authority,

• (c) the funding authority (except in the case of a school in Wales before the Schools Funding Council for Wales have begun to exercise their functions), and

• (d) 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.

• (2) The education association shall cease to conduct the school—

• (a) on the date specified in the notice, or

• (b) if at the request of the education association the Secretary of State subsequently fixes another date (whether in substitution for the date specified in the notice or in substitution for a date previously fixed under this subsection), on that date.

• (3) Where the Secretary of State has given notice under this section, he may by order make provision for the disposal of the school property and the discharge of any liabilities of the education association in respect of the school.

• (4) An order under subsection (3) above may make any such provision (except provision for the dissolution of the education association) as is made by, or may be made by an order under, sections 111 to 116 of this Act where proposals for the discontinuance of a grant-maintained school have been approved under section 106 of this Act.

Winding-up of education association.

226

• (1) Where subsection (2) below applies to the school or, as the case may be, each of the schools conducted or formerly conducted by an education association, the Secretary of State may by order provide for the dissolution of the association and the transfer to him of the property, rights and liabilities of the association.

• (2) This section applies where—

• (a) the Secretary of State has approved proposals for the school to become a grant-maintained school, or

• (b) the Secretary of State has given notice under section 225 of this Act of his opinion that the school should be discontinued.

Reports showing school no longer requires special measures.

227

• (1) Where, on the completion of any inspection of a school conducted by an education association under section 2(2)(b), 3(1), 6(2)(b) or 7(1) of the Education (Schools) Act 1992 by a member of the Inspectorate, he is of the opinion that special measures are not required to be taken in relation to the school, he shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

• (2) The member of the Inspectorate shall send a copy of the report, together with a summary of it, to the head teacher of the school, the education association and the Secretary of State.

• (3) The education association shall—

• (a) make any copy report and summary sent to them under subsection (2) above available for inspection by members of the public at such times and at such place as may be reasonable,

• (b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

• (c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.

• (4) Section 9 of that Act does not apply to schools conducted by education associations.

Regulations for the purposes of Chapter II.

228

• (1) Regulations may provide for any enactments relating to grant-maintained schools (or schools including grant-maintained schools), including enactments relating to the acquisition of grant-maintained status, to have effect in relation to—

• (a) the transfer to an education association under section 220 of this Act of responsibility for the conduct of any school and the subsequent conduct of the school by the association,

• (b) the discontinuance under section 225 of this Act of any school conducted by an education association, and

• (c) the transfer to a governing body incorporated in pursuance of proposals published by virtue of section 224 of this Act of responsibility for the conduct of any school conducted by an education association,

with such modifications as seem to the Secretary of State to be necessary or desirable.

• (2) Subsection (1) above does not apply in relation to schools which are or were maintained special schools; but regulations may provide for sections 220 to 227 of this Act to have effect in relation to any such schools as they have effect in relation to county schools but with such modifications as seem to the Secretary of State to be necessary or desirable.

• (3) Regulations may make such provision as the Secretary of State considers necessary or desirable in relation to—

• (a) the transfer to an education association under section 220 of this Act of responsibility for the conduct of any maintained special school and the subsequent conduct of the school by the association, and

• (b) where a former maintained special school is being conducted by an education association, the discontinuance of the school under section 225 of this Act.

• (4) In relation to any former maintained special school being conducted by an education association—

• (a) section 186 of this Act shall apply as it applies to any maintained special school, but as if the reference in subsection (1) to the school ceasing to be maintained by the local education authority were to its ceasing to be conducted by an education association, and

• (b) section 224 of this Act shall apply—

• (i) as if the reference in subsection (1) to a grant-maintained school were to a grant-maintained special school,

• (ii) as if the reference in subsection (2) to section 32 of this Act were to section 186 of this Act, and

• (iii) with the omission of subsection (3).

Part VI — MISCELLANEOUS

Establishment, alteration etc. of maintained schools

Proposals for establishment, etc. of schools by local education authority.

229

• (1) In section 12 of the Education Act 1980 (establishment and alteration of county schools) in subsection (1), after “county school” in paragraph (d) there is inserted “ or to transfer a county school to a new site in the area ” and, after that subsection, there is inserted—

(1A) Before publishing the proposals the local education authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the authority shall have regard to any guidance given from time to time by the Secretary of State. (1B) The Secretary of State shall publish any guidance given by him for the purposes of subsection (1A) above in such manner as he thinks fit.

• (2) In subsection (3) of that section—

• (a) “voluntary” is omitted, and

• (b) after “affected by the proposals” there is inserted “ by the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies) ”.

• (3) Where—

• (a) an order under section 12 of this Act applies to the area of a local education authority, and

• (b) the authority publish proposals under section 12 of that Act which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections to the proposals.

Proposals for establishment, etc. of voluntary schools by promoters, etc.

230

• (1) In section 13 of the Education Act 1980 (establishment and alteration of voluntary schools) in subsection (1), after “the school” in paragraph (b) there is inserted “ or to transfer the school to a new site ” and, after subsection (1A), there is inserted—

(1B) Before publishing any proposals under this section, the persons concerned shall— (a) in the case of proposals under subsection (1)(a) above, consult the local education authority, and (b) in the case of proposals under subsection (1)(a) or (b) above, consult such other persons as appear to them to be appropriate; and in discharging their duty under this subsection, they shall have regard to any guidance given from time to time by the Secretary of State. (1C) The Secretary of State shall publish any guidance given by him for the purposes of subsection (1B) above in such manner as he thinks fit.

• (2) In subsection (3) of that section—

• (a) “voluntary” is omitted, and

• (b) after “affected by the proposals” there is inserted “ by the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies) ”.

• (3) After subsection (3) of that section there is inserted—

(3A) Where the proposals are to transfer a school to a site in a different area, objections under subsection (3) above to the proposals may also be made by any ten or more local government electors for that area.

• (4) In subsection (6) of that section, after “below” there is inserted—

(a) in the case of any proposals approved by the Secretary of State to transfer a controlled school to a new site, it shall be the duty of the local education authority to implement the proposals (and any associated proposals for a change in the character of the school) so far as they involve the provision of premises or the removal or provision of equipment, and (b) in any other case

.

• (5) At the end of that section there is added—

(8) Where proposals under this section for the transfer of a school to a site in a different area are approved— (a) in the case of any voluntary school— (i) the references in subsection (6) above to the local education authority are to the authority for the new area, and (ii) upon the transfer the duty to maintain the school shall transfer to that authority, and (b) in the case of any controlled school, the First Schedule to the Education Act 1946 (provision of premises by maintaining authority) shall apply as if the duty to maintain the school had been transferred to the local education authority for the new area.

• (6) Where—

• (a) an order under section 12 of this Act applies to the area of a local education authority, and

• (b) any persons publish proposals under section 13 of that Act which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections to the proposals.

Nursery education

Nursery education in grant-maintained schools.

231

• (1) No person may—

• (a) publish proposals under section 48 or 49 of this Act for the establishment of any nursery school, or

• (b) publish proposals under section 96 or 97 of this Act, or give notice of proposals under section 183(3) or (4) of this Act, for a school to become a nursery school.

• (2) Subject to subsection (1) above, proposals under sections 48, 49, 96, 97 or 183(3) or (4) of this Act 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 years.

Rationalisation of school places

Directions to bring forward proposals to remedy excessive provision.

232

• (1) Where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools in the area of any local education authority is excessive, then, for the purpose of remedying the excess—

• (a) he may by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

• (b) in the case of any voluntary school in the area, he may by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school.

• (2) Where the Secretary of State is of the opinion that the provision for primary or secondary education in grant-maintained schools in the area of any local education authority is excessive and an order under section 12(1) of this Act applies to the area, he may by an order under this subsection direct the funding authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools for the purpose of remedying the excess.

• (3) An order under subsection (1) or (2) above shall—

• (a) require the proposals to be published or, as the case may be, notice of the proposals to be served not later than such date as may be specified in the order, and

• (b) require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

• (4) An order under subsection (1)(a) or (2) above may not require the proposals to relate to any named school.

Directions to bring forward proposals for additional provision in maintained schools.

233

• (1) The powers conferred by subsection (2) below are exercisable where—

• (a) an order under section 12(1)(b) of this Act applies to the area of a local education authority, and

• (b) the Secretary of State is of the opinion that the schools providing relevant education which are available for the area are not sufficient for the purposes of section 8 of the Education Act 1944 and that additional provision for relevant education should be made in maintained schools in the area.

• (2) The Secretary of State may—

• (a) by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

• (b) in the case of any voluntary school in the area, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,

in the case of any such order with a view to securing that provision is made for such additional number of pupils in the area as may be specified in the order.

• (3) An order under subsection (2) above shall—

• (a) require the proposals to be published or, as the case may be, notice of the proposals to be served not later than such date as may be specified in the order, and

• (b) require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

• (4) An order under subsection (2)(a) above may not require the proposals to relate to any named school.

• (5) Paragraph 7 of Schedule 2 to this Act does not apply in relation to the implementation of any proposals under section 12 of the Education Act 1980 where the Secretary of State has made an order under subsection (2) above.

Publication of proposals by the Secretary of State.

234

• (1) Where—

• (a) the Secretary of State has in relation to the area of any local education authority made an order under section 232(1) or (2) of this Act directing the local education authority, the funding authority or the governing body of a voluntary school to make proposals for the establishment, alteration or discontinuance of schools or, as the case may be, for the alteration of their school, and

• (b) the time allowed under the order, and under any other order under that section relating to that area, for the publication of the proposals or, as the case may be, the service of notice of the proposals has expired,

he may make in such manner as may be prescribed any such proposals as might have been made in accordance with the order or orders relating to that area by the person or persons to whom the directions were given.

• (2) Proposals made under this section shall—

• (a) include particulars of the proposed time or times of implementation of the proposals, and

• (b) except where they are proposals to cease to maintain or discontinue any school or relate to a special school—

• (i) include particulars of the number of pupils proposed to be admitted to the school to which the proposals relate in each relevant age group in the first school year in relation to which the proposals have been wholly implemented, and

• (ii) if, in the case of a grant-maintained school, pupils are proposed to be admitted for nursery education, give the prescribed information.

• (3) For the purposes of subsection (2)(b) above admission to a maintained school for nursery education shall be disregarded; and section 155(4) to (6) of this Act applies for the purposes of that subsection as it applies for the purposes of Part II of this Act.

• (4) Proposals made under this section shall be accompanied by a statement which—

• (a) describes any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs, and

• (b) explains the effect of subsection (5) below.

• (5) Within the period of one month beginning with the date on which the proposals are made, objections to the proposals may be made 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 for the area,

• (c) the governing body of any school affected by the proposals and, in the case of a voluntary school, the person or persons who are named in the school’s instrument of government as being entitled to appoint foundation governors (within the meaning of the Education Act 1944), and

• (d) any local education authority concerned.

• (6) Where—

• (a) an order under section 12 of this Act applies to the area of a local education authority, and

• (b) the Secretary of State makes proposals under this section which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections to the proposals.

• (7) The reference in subsection (5) above to the date on which the proposals are made is to the date on which the prescribed requirements in respect of the proposals are satisfied.

Public inquiry into proposals.

235

• (1) This section applies where in relation to the area of any local education authority the Secretary of State has made proposals under section 234 of this Act, otherwise than in pursuance of section 236(1) of this Act, which he has not withdrawn.

• (2) If objections have been made under section 234(5) of this Act within the period allowed under that subsection, then, unless all objections so made have been withdrawn in writing within that period, the Secretary of State shall cause a local inquiry to be held to consider his proposals, any proposals he refers to the inquiry and any objections.

• (3) Any proposals referred to a local inquiry under this section require the approval of the Secretary of State (if they would not require such approval apart from this subsection).

• (4) Where the Secretary of State has a duty to cause a local inquiry to be held under this section, he shall refer to the inquiry any proposals—

• (a) made by him in relation to the area of the local education authority (and not withdrawn) but in respect of which he is not required under this section to cause a local inquiry to be held,

• (b) made by the local education authority, or made in relation to the area by the funding authority, in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), or

• (c) made by the governing body of any voluntary school in the area in exercise of their powers to make proposals for the alteration of their school (and not withdrawn),

which are not determined before he causes the inquiry to be held and appear to him to be related to the proposals made under section 234 of this Act in respect of which he is required under this section to cause the inquiry to be held.

• (5) Subsection (4) above does not require the Secretary of State to refer any proposals to the inquiry if, before he causes the inquiry to be held, he forms the opinion that the proposals ought to be implemented unless, before the proceedings on the inquiry are concluded or (if earlier) the proposals are determined, he subsequently forms a different opinion.

• (6) It shall not be open to the inquiry to question the principles specified in the order under section 232 or 233 of this Act.

• (7) Section 250(2) to (5) of the Local Government Act 1972 (giving evidence at and defraying costs of inquiries) applies to inquiries held under this section.

• (8) References in this section to the determination of any proposals are to any determination whether or not to approve, adopt or implement the proposals under section 12 or 13 of the Education Act 1980, Part II of this Act or section 184 of this Act.

Adoption of proposals and approval of related proposals.

236

• (1) Where the Secretary of State has made proposals under section 234 of this Act in respect of which he is required to cause a local inquiry to be held, he may when he has considered the report of the person appointed to hold the inquiry do one or more of the following—

• (a) adopt, with or without modifications, or determine not to adopt the proposals or any other proposals made by him under that section which he referred to the inquiry,

• (b) approve, with or without modifications, or reject any other proposals which he referred to the inquiry, and

• (c) make any such further proposals under section 234 of this Act as might have been made in accordance with the order or orders relating to the area of the local education authority concerned by the person or persons to whom the directions were given.

• (2) Where the Secretary of State has made proposals under section 234 of this Act in respect of which he is not required to cause a local inquiry to be held and which he is not required to refer to such an inquiry, he may, after considering any objections made (and not withdrawn) under subsection (5) of that section within the period allowed under that subsection, adopt, with or without modifications, or determine not to adopt, the proposals.

• (3) Proposals adopted by the Secretary of State under this section shall have effect—

• (a) if they relate to a maintained school, as if they had been—

• (i) made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or

• (ii) in the case of a voluntary school, made by the governing body under their powers to make proposals for the alteration of their school,

and approved by the Secretary of State under section 12 or 13 of the Education Act 1980 or, as the case may be, section 184 of this Act, and

• (b) if they relate to a grant-maintained school, as if they had been made by the funding authority under those powers and approved by the Secretary of State under Part II of this Act or, as the case may be, section 184 of this Act;

and the provisions of the Education Act 1980, or Part II or section 185 of this Act, relating to the approval of particulars of premises or proposed premises of schools shall have effect accordingly.

Supplementary provisions.

237

• (1) An order under section 232 or 233 of this Act may not require any significant change to be made in the religious character of a voluntary school.

• (2) Where the governing body of a voluntary school make any proposals in pursuance of an order under section 232 or 233 of this Act—

• (a) the person or persons who are named in the school’s instrument of government as being entitled to appoint foundation governors (within the meaning of the Education Act 1944) shall be included among the persons who may submit objections to the proposals, and

• (b) the local education authority shall re-imburse any expenditure reasonably incurred by the governing body in making the proposals.

• (3) Proposals made in pursuance of an order under section 232 of this Act may not be withdrawn without the consent of the Secretary of State and such consent may be given on such conditions (if any) as the Secretary of State considers appropriate.

• (4) Where—

• (a) proposals made by the governing body of a voluntary school in pursuance of an order under section 232 or 233 of this Act are approved, or

• (b) proposals adopted by the Secretary of State under section 236 of this Act have effect as mentioned in subsection (3)(a)(ii) of that section,

then, notwithstanding anything in section 13(5) of the Education Act 1980, the local education authority shall defray the cost of implementing the proposals.

• (5) Notwithstanding anything in section 23 of this Act, a county or voluntary school is not eligible for grant-maintained status—

• (a) if the local education authority have made any proposals in pursuance of an order under section 232 of this Act to cease to maintain the school which have not been withdrawn and no determination whether or not to approve or implement the proposals has been made under section 12 of the Education Act 1980 or section 236 of this Act, or

• (b) if the Secretary of State has made any proposals under section 234 of this Act for the local education authority to cease to maintain the school which have not been withdrawn and no determination whether or not to adopt the proposals has been made under section 236 of this Act.

• (6) Section 273(4) and (5) of this Act does not apply in relation to any proposals under section 12(1)(d) or 13(1)(b) of the Education Act 1980 made in pursuance of an order under section 232 of this Act.

• (7) In sections 232 to 236 of this Act, “powers to make proposals for the alteration of their school”, in relation to the governing body of a voluntary school, means their powers to publish proposals under section 13(1)(b) of the Education Act 1980.

• (8) In sections 232 to 236 of this Act—

• (a) “powers to make proposals for the establishment, alteration or discontinuance of schools” means—

• (i) in relation to the local education authority, all or any of the powers to publish proposals under section 12 of the Education Act 1980,

• (ii) in relation to the funding authority, all or any of the powers to publish proposals under sections 48, 97 or 105 of this Act, and

• (iii) in relation to either authority, the power to serve notice of proposals under section 183 of this Act,

• (b) references to maintained schools include maintained special schools established in hospitals, and

• (c) references to grant-maintained schools include grant-maintained special schools.

Incorporation of governing bodies

Incorporation of governing bodies.

238

• (1) A governing body constituted in pursuance of Part I of the Education (No. 2) Act 1986 (county, voluntary and maintained special schools) on or after the appointed day shall be constituted as a body corporate.

• (2) A governing body so constituted before that day shall, as constituted on that day, become on that day a body corporate.

• (3) On the incorporation of a governing body by virtue of subsection (2) above, any property, rights or liabilities attributable to the governing body immediately before incorporation shall be transferred to, and by virtue of this section vest in, the body corporate.

• (4) For the purposes of subsection (3) above, property, rights or liabilities are attributable to a governing body if—

• (a) in the case of any land or other property, it was held by or on behalf of any persons as members or former members of the governing body, and

• (b) in the case of rights or liabilities, they were acquired or incurred by or on behalf of any such persons,

and are so held or, as the case may be, they subsist immediately before the incorporation of the governing body.

• (5) A governing body incorporated by virtue of this section shall be known as “The governing body of ...” with the addition of the name of the school.

• (6) The application of the seal of any such governing body must be authenticated by the signature—

• (a) of the chairman of the governing body, or

• (b) of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

• (7) Every document purporting to be an instrument made or issued by or on behalf of any such governing body and—

• (a) to be duly executed under the seal of the governing body, or

• (b) to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

• (8) References in subsections (1) and (2) above to a governing body do not include a temporary governing body constituted under arrangements made under that Act.

• (9) Schedule 13 to this Act (provisions supplementary to this section and section 239 of this Act) shall have effect.

• (10) In this and that section and that Schedule, “appointed day” means the day appointed under section 308(3) of this Act for the commencement of this section.

Powers of incorporated governing bodies.

239

• (1) A governing body incorporated by virtue of section 238 of this Act may do anything (including in particular the things referred to in the following subsections) which appears to them to be necessary or expedient for the purpose of or in connection with the exercise of any of the functions conferred on them under or in pursuance of any enactment.

• (2) A governing body so incorporated may—

• (a) acquire and dispose of land and other property,

• (b) enter into contracts, other than contracts of employment,

• (c) invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,

• (d) accept gifts of money, land and other property and apply it, or hold and administer it on trust, for any of those purposes, and

• (e) do anything incidental to the conduct of the school.

• (3) Subsections (1) and (2) above have effect subject to—

• (a) any provisions of the instrument of government or articles of government for the school, and

• (b) if the school has a delegated budget (defined in section 33(6)(b) of the Education Reform Act 1988), any provisions of the scheme under that section which covers the school.

• (4) The governing body so incorporated of an aided school may enter into contracts for the employment of teachers and other staff, subject to any provisions of the articles of government for the school other than any provisions for the time being excluded by section 45(2) of that Act (aided schools having delegated budgets) from applying to the school.

The curriculum

National Curriculum.

240

• (1) In section 2 of the Education Reform Act 1988 (the National Curriculum) in subsection (2)(c) (arrangements for assessing pupils at or near the end of each key stage) for “at or near the end” there is substituted “ in respect ”.

• (2) After section 3(5) of that Act (power of head teacher to determine key stage for a particular pupil) there is inserted—

(5A) If at any time, in the case of a pupil of compulsory school age, subsection (3) above does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if— (a) in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attained a particular age were a reference to the school year in which that pupil attained that age, and (b) in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attained the age of fifteen and ending when he ceases to be of compulsory school age.

• (3) At the end of section 3(6) of that Act (interpretation) there is added—

and “school year” means the period beginning with the first school term to begin after July and ending with the beginning of the next school year.

• (4) In section 4 of that Act (duty to establish National Curriculum by order) for subsection (5) there is substituted—

(5) An order under subsection (2)(c) above— (a) may confer or impose such functions on the governing body and the head teacher and (in the case of maintained schools) on the local education authority as appear to the Secretary of State to be required, and (b) may specify any such assessment arrangements as may for the time being be made by a person specified in the order. (6) Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves. (7) The duties that may be imposed by virtue of subsection (5)(a) above include, in relation to persons exercising power in pursuance of provision made by virtue of subsection (6) above, the duty to permit them— (a) to enter the premises of the school, (b) to observe the implementation of the arrangements, and (c) to inspect, and take copies of, documents and other articles. (8) An order under subsection (2)(c) above may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provisions conferring or imposing functions as mentioned in subsection (5)(a) above) as appear to the Secretary of State to be expedient; and any provision made under such an order shall, on being published by Her Majesty’s Stationery Office, have effect for the purposes of this Chapter as if made by the order.

• (5) In section 117 of that Act (obligation to enter pupils for prescribed examinations), at the end of subsection (2) (exceptions) there is added “ but this subsection does not apply to an examination which is part of the assessment arrangements for key stage four and applies in the case of that pupil; and in this subsection, in relation to that pupil, “assessment arrangements” has the meaning given by section 2(2)(c) of this Act and “key stage four” means the period referred to in section 3(3)(d) of this Act ”.

Sex education.

241

• (1) In section 2(1) of the Education Reform Act 1988 (content of curriculum), after “school” in paragraph (a) there is inserted—

(aa) in the case of a secondary school, provision for sex education for all registered pupils at the school; (ab) in the case of a special school, provision for sex education for all registered pupils at the school who are provided with secondary education

.

• (2) In section 114(1) of the Education Act 1944 (interpretation), after the definition of “Senior pupil” there is inserted—

“Sex education” includes education about— (a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and (b) any other sexually transmitted disease

.

• (3) After section 17 of the Education Reform Act 1988 there is inserted—

(17A) If the parent of any pupil in attendance at any maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.

• (4) The Secretary of State shall so exercise the power conferred by section 4 of that Act to revise the National Curriculum as to secure that the subject of science does not include—

• (a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus,

• (b) any other sexually transmitted disease, or

• (c) aspects of human sexual behaviour, other than biological aspects,

and sections 20, 21 and 232(4) of that Act (procedure for making orders), and section 242 of this Act, shall not apply to any order made only for the purposes of this subsection.

• (5) The governing body of every maintained or grant-maintained school and, in relation to pupils who are provided with secondary education, the governing body of every maintained special school shall—

• (a) make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and

• (b) make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.

• (6) In relation to any county, or controlled, secondary school, and in relation to any pupils who are provided with secondary education in a maintained special school, section 18 of the Education (No. 2) Act 1986 (policy for curriculum in county etc. schools), shall have effect with the omission of subsections (2) and (6)(c)(i) and of the references to the matters mentioned in subsection (2) of that section.

Temporary procedure for making certain orders.

242

• (1) Where this section applies in relation to any proposals by the Secretary of State to make an order under section 3(4) or 4(2)(a) or (b) of the Education Reform Act 1988 (orders relating to foundation subjects, key stages and attainment targets), or regulations under section 17 of that Act (exceptions from National Curriculum)—

• (a) the Secretary of State shall make such arrangements for consultation about the proposals as he considers appropriate, and

• (b) sections 20 and 21 of that Act (procedure for representations in relation to England and Wales) shall not apply.

• (2) Where, at any time after the commencement of this section and before 1st September 1996, the Secretary of State proposes to make such an order or such regulations, this section applies in relation to the proposals unless, at any time before the commencement of this section—

• (a) they were referred under section 20(2) of that Act, or

• (b) notice of them was given under section 21(2) of that Act.

• (3) Where the Secretary of State proposes, at any time on or after 1st September 1996, to make such an order or such regulations, this section applies in relation to the proposals if arrangements under this section for consultation about the proposals were made before that date.

Procedure for making certain orders: Wales.

243

In section 21 of the Education Reform Act 1988, for subsections (2) and (3) there are substituted—