Education Act 1993 (repealed)

Short title, commencement, etc.

308

• (1) This Act may be cited as the Education Act 1993.

• (2) The Education Acts 1944 to 1992 and this Act may be cited together as the Education Acts 1944 to 1993 . . ..

• (3) This Act (other than sections 240, 301 to 303, 305, 306 and this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions and for different purposes.

• (4) Subject to subsection (5) below, this Act extends to England and Wales only.

• (5) The amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

SCHEDULE 1

Supplementary powers

1

• (1) Subject to sub-paragraph (2) below, a funding authority may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

• (a) acquiring and disposing of land and other property,

• (b) entering into contracts,

• (c) investing sums not immediately required for the purpose of the discharge of their functions, and

• (d) accepting gifts of money, land or other property.

• (2) A funding authority shall not borrow money.

2

• (1) The Secretary of State may authorise a funding authority to purchase compulsorily any land required for the purpose of implementing any proposals under section 48, 49 or 97 of this Act which are required to be implemented.

• (2) The Acquisition of Land Act 1981 shall apply to compulsory purchase under this paragraph.

Tenure of members

3

• (1) A person shall hold and vacate office as a member of a funding authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

• (2) A person may at any time by notice in writing to the Secretary of State resign his office as a member of a funding authority.

4

If the Secretary of State is satisfied that a member of a funding authority—

• (a) has been absent from meetings of the authority for a period longer than six consecutive months without the permission of the authority, or

• (b) is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

5

• (1) A funding authority—

• (a) shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine, and

• (b) shall, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

• (2) If a person ceases to be a member of a funding authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the authority to make to that person a payment of such amount as the Secretary of State may determine.

• (3) A funding authority shall pay to the members of any of their committees who are not members of the authority such travelling, subsistence and other allowances as the Secretary of State may determine.

• (4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

6

• (1) A funding authority may, with the approval of the Secretary of State as to numbers, appoint such employees as they think fit on such terms and conditions as to remuneration and other matters as the authority may determine.

• (2) A determination under sub-paragraph (1) above requires the approval of the Secretary of State given with the consent of the Treasury.

• (3) An employee of a funding authority may not be appointed as a member of the authority, and a member of a funding authority may not be appointed as an employee of the authority.

Chief officer

7

• (1) One of the employees of a funding authority shall be the chief officer.

• (2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as to remuneration and other matters as the Secretary of State may with the consent of the Treasury determine.

• (3) Each subsequent chief officer shall be appointed by the authority with the approval of the Secretary of State.

Committees

8

• (1) A funding authority may establish a committee for any purpose.

• (2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the authority.

• (3) Such a committee may include persons who are not members of the authority.

• (4) The authority shall keep under review the structure of committees established by them under this paragraph and the scope of each such committee’s activities.

Delegation of functions

9

A funding authority may authorise the chairman, the chief officer or any committee established by them under paragraph 8 above to exercise such of their functions as they may determine.

Proceedings

10

Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to a funding authority under section 6 of this Act—

• (a) a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the authority or of any of their committees, and

• (b) the authority shall provide the Secretary of State with such copies of any documents distributed to members of the authority or of any of their committees as he may require.

11

The validity of any proceedings of a funding authority or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

12

Subject to the preceding provisions of this Schedule, a funding authority may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments

13

The application of the seal of a funding authority shall be authenticated by the signature—

• (a) of the chairman or of some other person authorised either generally or specifically by the authority to act for that purpose, and

• (b) of one other member.

14

Every document purporting to be an instrument made or issued by or on behalf of a funding authority and to be duly executed under their seal, or to be signed or executed by a person authorised by the authority 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.

Accounts

15

• (1) It shall be the duty of a funding authority—

• (a) to keep proper accounts and proper records in relation to the accounts,

• (b) to prepare in respect of each financial year of the authority a statement of accounts, and

• (c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

• (2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

• (a) the information to be contained in it,

• (b) the manner in which the information contained in it is to be presented, or

• (c) the methods and principles according to which the statement is to be prepared,

and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.

• (3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

• (4) In this paragraph, “financial year” means the period beginning with the date on which the authority is established and ending with the next following 31st March, and each successive period of twelve months.

Status of funding authorities

16

A funding authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the authority shall not be regarded as property of, or property held on behalf of, the Crown.

SCHEDULE 2

Part I — INTRODUCTORY

1

• (1) Where an order under section 12 of this Act is in force, the Education Acts shall have effect subject to—

• (a) this Schedule, and

• (b) the provisions of this Act which modify the effect of any provision of those Acts, or confer new functions, in respect of any area to which such an order applies.

• (2) In particular, to the extent that this Schedule governs the payments to be made to any local education authority or the governing body of any grant-maintained school in respect of charges by that authority or body for the provision of board and lodging (at a boarding school or otherwise than at school), the proviso tosection 52(1) of the Education Act 1944 and section 111(2) to (6) of the Education Reform Act 1988 (charges) shall not apply; and in this Schedule section 52(1) of the Education Act 1944 and section 111(1) of the Education Reform Act 1988 are referred to as the “existing charging provisions”.

Part II — FUNCTIONS WHERE RESPONSIBILITY FOR PROVIDING SUFFICIENT SCHOOL PLACES IS SHARED

Introductory

2

If an order under section 12(1)(a) of this Act applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

3

• (1) If the schools providing relevant education which are available for the area are not sufficient, the funding authority shall, for the purpose of securing the availability of sufficient schools providing such education for the area, exercise their powers to make proposals for the establishment, alteration and discontinuance of schools.

• (2) In performing that duty, the funding authority shall have regard to the need for securing that special educational provision is made for pupils who have special educational needs.

• (3) The schools available for any area shall not be treated as sufficient for the purposes of this paragraph unless they are sufficient for the purposes of section 8(1) of the Education Act 1944 (duty of local education authority to secure availability of schools).

• (4) Nothing in this paragraph requires a funding authority to take any action where to do so would not be an effective use of their resources.

• (5) In this paragraph, “powers to make proposals for the establishment, alteration and discontinuance of schools” means all or any of the powers to publish proposals under sections 48, 97 or 105 of this Act or give notice of proposals under section 183 of this Act.

Part III — FUNCTIONS WHERE RESPONSIBILITY FOR PROVIDING SUFFICIENT SCHOOL PLACES IS TRANSFERRED

Introductory

4

If an order under section 12(1)(b) of this Act applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

5

• (1) The duty under section 8(1) of the Education Act 1944 shall be discharged by the funding authority instead of the local education authority.

• (2) In discharging that duty the funding authority shall, in particular, have regard to the matters referred to in section 8(2)(c) of that Act (provision for pupils who have special educational needs).

• (3) The funding authority may provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools; and, where the authority do so, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

• (4) Where the governing body of a grant-maintained school provide board and lodging at the school for pupils there, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the governing body not exceeding the cost to the governing body of the provision.

6

• (1) The local education authority may continue to secure the provision of relevant education falling within section 8(1) of that Act and (subject to paragraph 7 below) to secure the provision of schools for that purpose.

• (2) In exercising those powers the local education authority shall, in particular, have regard to the matters referred to in section 8(2) of that Act (which include separation of primary and secondary education, and boarding accommodation for those for whom boarding is desirable).

• (3) Where the local education authority—

• (a) provide board and lodging at a maintained school for pupils there, or

• (b) provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools,

the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

Powers to establish, maintain and alter schools

7

• (1) The local education authority may not exercise the power under section 9 of that Act to establish any school, or to begin to maintain as a county school any school which is not such a school, (in both cases referred to in this paragraph as “the school in question”) unless—

• (a) under section 14 of the Education Act 1944 or section 12 of the Education Act 1980 their duty to maintain one or more other schools ceases, and

• (b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools.

• (2) This paragraph does not apply—

• (a) to special schools,

• (b) to nursery schools,

• (c) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education, or

• (d) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education.

8

• (1) No proposals in respect of any school (referred to in this paragraph as “the school in question”) published under section 13(1)(a) of the Education Act 1980 (proposal that existing or proposed school should be maintained as a voluntary school) may be implemented unless—

• (a) under section 14 of the Education Act 1944 or section 12 of the Education Act 1980 the duty of the local education authority to maintain one or more other schools ceases, and

• (b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools.

• (2) This paragraph does not apply—

• (a) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education, or

• (b) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education.

Charges for board and lodging or independent education

9

• (1) Sub-paragraph (3) below applies where—

• (a) any pupil of compulsory school age ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school,

• (b) the funding authority are of the opinion that it is not practicable for the pupil to obtain admission to any maintained or grant-maintained school which is a reasonable distance from his home and provides efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have, and

• (c) the authority are of the opinion that it is appropriate for the pupil to be provided with the particular board and lodging or, as the case may be, education.

• (2) Sub-paragraph (3) below also applies where—

• (a) any pupil ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school, and

• (b) the funding authority are of the opinion that—

• (i) the conditions in sub-paragraph (1) above have been, but are no longer, met by reason only of the pupil having ceased to be of compulsory school age or sub-paragraph (1)(b) above having ceased to apply, and

• (ii) it would not be desirable for the pupil to cease to be provided with the particular board and lodging or, as the case may be, education.

• (3) Where this sub-paragraph applies—

• (a) if board and lodging is provided by the funding authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging,

• (b) if board and lodging is provided at a maintained or grant-maintained school or by a local education authority, the funding authority shall pay the whole of the charges payable to any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging, and

• (c) in any other case the funding authority shall pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education.

• (4) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 168 of this Act.

10

• (1) This paragraph applies where any pupil ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school.

• (2) If board and lodging is provided at a school maintained by the responsible education authority and the authority are of the opinion that it is desirable for the pupil to be provided with board and lodging, or board and lodging otherwise than at school is provided by the authority, (but in any of those cases paragraph 9(3) above does not apply) then—

• (a) the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging, and

• (b) if they are of the opinion that, in order to avoid financial hardship to the pupil’s parent, the parent should not pay the whole or any part of those charges, the authority shall remit the whole or, as the case may be, that part of those charges.

• (3) If board and lodging otherwise than at school is provided by the funding authority or board and lodging is provided at a grant-maintained school or a school maintained by another local education authority (but in any of those cases paragraph 9(3) above does not apply)—

• (a) the responsible education authority may pay the charges payable to the funding authority, or any local education authority or governing body, under this Schedule or the existing charging provisions in respect of the board and lodging, and

• (b) if they are of the opinion that it is desirable for the pupil to be provided with board and lodging, they shall pay so much (if any) of those charges as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

• (4) In any other case to which this paragraph applies (but paragraph 9(3) above does not apply)—

• (a) the local education authority may pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education, and

• (b) if they are of the opinion that it is desirable for the pupil to be provided with board and lodging and appropriate for him to be provided with the particular board and lodging, they shall pay so much (if any) of the fees payable in respect of board and lodging as in their opinion is required to be paid by them in order to avoid financial hardship to the parent, and

• (c) if they are of the opinion that it is desirable for the pupil to be provided with education otherwise than in a maintained or grant-maintained school and appropriate for him to be provided with the particular education, they shall pay so much (if any) of the fees payable in respect of the education as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

• (5) In this paragraph the “responsible education authority”, in relation to a pupil ordinarily resident in any area, means the local education authority for the area.

• (6) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 168 of this Act.

11

• (1) Where a pupil in the area for whom a statement is maintained under section 168 of this Act is attending a maintained or grant-maintained school, this paragraph applies if he is provided with board and lodging at the school or otherwise than at school and either—

• (a) the school is named in the statement and—

• (i) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the particular board and lodging are also provided, or

• (ii) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging, or

• (b) the school is not named in the statement but the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging.

• (2) Where the board and lodging is provided by the responsible education authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging.

• (3) Where the board and lodging is provided by the funding authority or another local education authority or at a grant-maintained school or a school maintained by another local education authority, the responsible education authority shall pay the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging.

• (4) In any other case to which this paragraph applies, the responsible education authority shall pay to the person providing the board and lodging the whole of the fees in respect of the board and lodging.

• (5) In this paragraph the “responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part III of this Act.

12

• (1) Where a pupil in the area for whom a statement is maintained under section 168 of this Act is attending a maintained or grant-maintained school and is provided with board and lodging at the school or otherwise than at school, then—

• (a) where the board and lodging is provided by the responsible education authority, the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging,

• (b) where the board and lodging is provided by the funding authority or another local education authority or at a grant-maintained school or a school maintained by another local education authority, the responsible education authority may pay the whole or any part of the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging, and

• (c) in any other case, the responsible education authority may pay to the person providing the board and lodging the whole or any part of the fees in respect of the board and lodging.

• (2) In this paragraph the “responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part III of this Act.

General

13

• (1) The following provisions shall not apply—

• (a) sections 50 and 52 of the Education Act 1944 (power of LEA to provide board and lodging otherwise than at school and recovery of charges from parents),

• (b) section 6(2)(a)(ii) of the Education (Miscellaneous Provisions) Act 1953 (payment by LEA of fees and boarding charges where pupil attends non-maintained school because of shortage of places in maintained and grant-maintained schools), and

• (c) section 111 of the Education Reform Act 1988 (charges and remission of charges for board and lodging in maintained and grant-maintained schools).

• (2) Any charges payable to the local education authority, the funding authority or the governing body of a grant-maintained school under this Schedule may be recovered summarily as a civil debt.

14

• (1) Section 193 of this Act shall have effect as if for subsection (5) there were substituted—

(5) If— (a) within the period mentioned in subsection (3) above, the parent applies to the funding authority, or the local education authority by whom the notice was served, for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and, in the case of an application to the funding authority, notifies the local education authority by whom the notice was served of the application, (b) the child is offered a place at the school, and (c) either the funding authority are required under paragraph 9 of Schedule 2 to this Act to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of Schedule 2 to this Act, that school shall be named in the order.

• (2) Section 195 of this Act shall have effect as if for subsection (3) there were substituted—

(3) If at any time— (a) the parent applies to the funding authority or the local education authority by whom the notice was served for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and is different from the school named in the order, (b) the child is offered a place at the school, (c) either the funding authority are required under paragraph 9 of Schedule 2 to this Act to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of Schedule 2 to this Act, and (d) the parent requests the local education authority to amend the order by substituting that school for the one currently named, the authority shall comply with the request.

.

Part IV — FUNCTIONS WHERE RESPONSIBILITY EITHER SHARED OR TRANSFERRED

Introductory

15

If an order under section 12(1)(a) or (b) of this Act applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

16

In relation to any power under section 48 of this Act to publish proposals for the establishment of a grant-maintained school—

• (a) references to establishing a school for the purpose of providing primary education include establishing a primary school which also provides secondary education, and

• (b) references to establishing a school for the purpose of providing secondary education include establishing a secondary school which also provides primary education.

17

• (1) Where relevant education is only primary education—

• (a) no proposals may be published under section 97 of this Act in respect of any grant-maintained school which is a secondary school or if the implementation of the proposals would cause the school to become a secondary school,

• (b) no proposals may be published under section 105 of this Act in respect of any grant-maintained secondary school, and

• (c) no direction may be given under section 151(2) of this Act to the governing body of any grant-maintained secondary school.

• (2) Where relevant education is only secondary education—

• (a) no proposals may be published under section 97 of this Act in respect of any grant-maintained school which is a primary school or if the implementation of the proposals would cause the school to become a primary school,

• (b) no proposals may be published under section 105 of this Act in respect of any grant-maintained primary school, and

• (c) no direction may be given under section 151(2) of this Act to the governing body of any grant-maintained primary school.

18

The funding authority shall not by virtue of paragraph 3 or 5 of this Schedule be under any duty in respect of junior pupils who have not attained the age of five years.

Boarding schools

19

The powers of the funding authority to publish proposals under sections 48 and 97 of this Act or to give notice of proposals under section 183 of this Act may, in particular, be so exercised as to secure the provision of boarding accommodation at boarding schools.

Other modifications of Part II

20

Section 96 of this Act shall have effect as if the funding authority were among the persons who may submit objections under subsection (6) of that section to proposals under that section.

21

Section 104 of this Act shall have effect as if—

• (a) the reference in subsection (3) to the local education authority included the funding authority, and

• (b) the funding authority were among the persons who may submit objections under subsection (7) of that section to proposals under that section.

22

Section 109 of this Act shall have effect as if—

• (a) subsection (1)(a) were omitted, and

• (b) the funding authority were among the persons required to be consulted under subsection (5)(b).

23

Section 149(4) of this Act shall have effect as if the reference to the Secretary of State were to the funding authority.

SCHEDULE 3

Part I — PROPOSALS FOR ACQUISITION OF GRANT-MAINTAINED STATUS

Publication of proposals and notice

1

• (1) Where proposals are required to be published under section 32 of this Act, they shall be published by being—

• (a) posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them,

• (b) posted in at least one conspicuous place within the area served by the school, and

• (c) made available for inspection at all reasonable times at the school or at any other place within that area to which members of the public may conveniently have access.

• (2) Within the period of ten days beginning with the date of publication of the proposals there shall be published in at least one newspaper circulating in that area a notice in respect of the proposals containing such summary of the proposals as the governing body may think appropriate (including, in particular, the information required by sub-paragraph (3) below).

• (3) The notice shall—

• (a) state that proposals for acquisition of grant-maintained status have been published and submitted to the Secretary of State for approval,

• (b) specify the proposed date of implementation of the proposals,

• (c) state that, if the proposals are approved, the school will on that date cease to be maintained by the local education authority,

• (d) state that, if the proposals are approved, the school will on and after that date be conducted by a governing body incorporated under Part II of this Act and receive annual grants from the funding authority,

• (e) give the information required to be specified in the proposals by paragraph 4(1)(a) and (2)(a) below,

• (f) state where the proposals may be inspected, and

• (g) explain the effect of paragraph 5 below.

• (4) The Secretary of State may by regulations make such provision (whether by way of modification of, or substitution for, the provisions of sub-paragraphs (1) to (3) above) as he considers appropriate in relation to—

• (a) the publication of proposals for acquisition of grant-maintained status, and

• (b) the publication of such notice (if any) in respect of proposals for acquisition of grant-maintained status as may be prescribed.

Statement to be annexed to proposals

2

• (1) There shall be annexed to any proposals published under section 32 of this Act a statement which shall—

• (a) state the result of the ballot, giving the number of votes cast in favour of seeking grant-maintained status for the school, the percentage of those eligible to vote who voted, and the number of votes cast against,

• (b) state whether the school is a county, controlled, aided or special agreement school,

• (c) briefly describe the existing character of the school including, in the case of a school which has a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is provided,

• (d) state the number of pupils for whom accommodation can be provided at the school, and

• (e) give such other information as may be prescribed.

• (2) The statement so annexed shall be treated for the purposes of section 32 of this Act and of paragraph 1 above as forming part of the proposals.

Statement to accompany published proposals

3

Any proposals published under section 32 of this Act shall be accompanied by a statement which shall—

• (a) describe the requirements of Part II of this Act as to the membership of the governing body of a grant-maintained school,

• (b) state that the head teacher will be a governor of the school ex officio if the school becomes a grant-maintained school,

• (c) explain the circumstances in which a person named in the proposals in accordance with section 71 or 73 of this Act, or regulations made by virtue of section 77 of this Act, as a proposed initial governor may be replaced under section 74 or 75 of this Act or the regulations,

• (d) explain the procedure applicable under Part II of this Act in each case in which such a replacement is required,

• (e) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, explain the requirements applicable under Part II of this Act in any such case,

• (f) explain the effect of paragraph 5 below, and

• (g) give such other information as may be prescribed.

Details of proposals

4

• (1) Any proposals published under section 32 of this Act shall—

• (a) where any person is proposed as a sponsor of the school, state the name of that person and the number of initial sponsor governors to be appointed by him (in accordance with section 66 of this Act),

• (b) specify the number of initial parent, teacher and first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 60 to 65 of this Act),

• (c) give the name of the person who is the head teacher of the school on the date of publication of the proposals,

• (d) give the relevant particulars in respect of each person required by section 71 or 73 of this Act, or regulations made by virtue of section 77 of this Act, to be named in the proposals as published as a proposed initial governor,

• (e) where it is proposed that any foundation governorship be held ex officio, specify the relevant office,

• (f) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, state that fact and refer to the explanation given in the statement accompanying the proposals in accordance with paragraph 3(e) above,

• (g) give the name under which it is proposed that the governing body should be incorporated under section 34 of this Act, and

• (h) specify the proposed date of implementation of the proposals.

• (2) The proposals shall describe the arrangements it is proposed to adopt, if the school becomes a grant-maintained school, in respect of—

• (a) the admission of pupils to the school,

• (b) the provision to be made at the school for pupils who have special educational needs, and

• (c) the induction of newly qualified teachers at the school and the in-service training and professional development of teachers at the school.

• (3) In giving the information required by sub-paragraph (2)(a) above, the proposals shall in particular specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the proposed date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Objections to proposals

5

Within the period of two months beginning with the date of publication of any proposals under section 32 of this Act, objections to the proposals may be submitted to the Secretary of State by any of the following—

• (a) any ten or more local government electors for the area,

• (b) any persons holding property on trust for the purposes of the school,

• (c) the governing body of any school affected by the proposals, and

• (d) any local education authority concerned.

Interpretation

6

• (1) For the purposes of this Part of this Schedule, the determination of an initial governor of an elected category is pending on the date of publication of any proposals under section 32 of this Act if sub-paragraph (2) or (3) below applies.

• (2) This sub-paragraph applies if an election or appointment required by section 71(7) of this Act has not been held or made by the date of publication.

• (3) This sub-paragraph applies if—

• (a) an election or appointment required for filling an outstanding vacancy for a governor of an elected category on the existing governing body has not been held or made by the date of publication, and

• (b) the vacancy falls to be taken into account in determining whether an election or appointment is required by section 71(7) of this Act.

Part II — PROPOSALS FOR ESTABLISHMENT OF NEW GRANT-MAINTAINED SCHOOL

Content of proposals

7

• (1) Proposals published under section 48 or 49 of this Act shall—

• (a) where any person is proposed as a sponsor of the school, state the name of that person and the number of sponsor governors to be appointed by him (in accordance with section 66 of this Act),

• (b) specify the number of initial first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 63 to 65 of this Act),

• (c) specify the number of parent and teacher governors proposed for the governing body (in accordance with sections 60 and 61 of this Act),

• (d) specify in the case of initial first, initial foundation or sponsor governors their proposed term of office (not being less than five nor more than seven years),

• (e) where it is proposed that any foundation governorship be held ex officio, specify the relevant office,

• (f) give the name under which it is proposed that the governing body should be incorporated under section 52 of this Act, and

• (g) specify the proposed incorporation date and the proposed date of implementation of the proposals.

• (2) The proposals shall describe the arrangements it is proposed to adopt in respect of the admission of pupils to the school and, in particular, shall specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Statement to be annexed to proposals

8

There shall be annexed to any proposals published under section 48 or 49 of this Act a statement briefly describing the intended character of the proposed school including, in the case of proposals published under section 49 of this Act for a school which is intended to have a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is to be provided.

Statement to accompany published proposals

9

Any proposals published under section 48 or 49 of this Act shall be accompanied by a statement explaining the effect of paragraph 10 or (as the case may be) paragraph 11 below.

Objections

10

• (1) Within the period of two months beginning with the date of publication of any proposals under section 48 of this Act, objections to the proposals may be submitted to the funding authority by any of the following—

• (a) if the proposals are for a school which may provide 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

• (d) any local education authority concerned.

• (2) Within one month after the end of the period referred to in sub-paragraph (1) above, the funding authority shall send to the Secretary of State copies of any objections made under that sub-paragraph (and not withdrawn in writing) within the period allowed under that sub-paragraph, together with their observations on them.

11

Within the period of two months beginning with the date of publication of any proposals under section 49 of this Act, objections to the proposals may be submitted to the Secretary of State by any of the following—

• (a) if the proposals are for a school which may provide education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council,

• (b) the funding authority, (except, in relation to Wales, before the Schools Funding Council for Wales begin to exercise their functions),

• (c) any ten or more local government electors for the area,

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

• (e) any local education authority concerned.

Approval of school premises

12

• (1) Where proposals for the establishment of a new grant-maintained school are published under section 48 of this Act, the funding authority shall prepare the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below.

• (2) Where proposals for the establishment of a new grant-maintained school are published under section 49 of this Act, the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below shall be submitted to the funding authority, at such time and in such form and manner as the authority may direct, by the promoters.

• (3) The particulars are—

• (a) particulars of the provision made or to be made in respect of the means of access to and within the proposed premises of the school, and

• (b) such other particulars in respect of the proposed premises of the school as may be required or, in the case of proposals published under section 49 of this Act, as the funding authority may require.

• (4) The particulars prepared or submitted under sub-paragraph (3)(a) above shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—

• (a) Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or

• (b) if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the Town and Country Planning Act 1990, that document.

SCHEDULE 4

Introductory

1

The functions conferred by or under paragraphs 2 to 5 below on the new governing body or any members of the body—

• (a) may be exercised by them at any time during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals, but

• (b) may be exercised only for the purpose of or in connection with the conduct of the school on or after the date of implementation of the proposals,

and those functions shall be exercised in accordance with any requirements of regulations (or in the case of paragraph 3 or 5 below, of the directions or order in question) as to the circumstances, manner and conditions of their exercise.

Powers to contract, etc.

2

The new governing body may—

• (a) enter into contracts including, in particular, contracts for the employment of teachers and other staff, and

• (b) acquire and dispose of land and other property.

Access to school

3

Any member of, or person authorised by, the new governing body, shall if the Secretary of State directs that this paragraph applies in relation to the school, be entitled to have access to and use the premises of the school.

Information

4

• (1) If the new governing body request the existing governing body or the local education authority in writing to provide them with such information falling within sub-paragraph (2) below as may be prescribed, the existing governing body or, as the case may be, authority shall comply with the request.

• (2) Information falls within this sub-paragraph if—

• (a) it is held by the existing governing body or, as the case may be, the local education authority, and

• (b) it relates to the school, including persons employed to work at the school and pupils at the school.

General powers of Secretary of State

5

• (1) The Secretary of State may by order make such provision as he considers appropriate in connection with the school’s transition to grant-maintained status and the impending transfer of responsibility for the conduct of the school.

• (2) An order under sub-paragraph (1) above may in particular provide for any provision of this Act specified in the order to have effect as if references to the governing body included the new governing body.

• (3) Such an order may in particular—

• (a) exclude or modify any powers of the local education authority or of the existing governing body in relation to any matter to which any power exercisable by the new governing body in accordance with any provision made by virtue of sub-paragraph (2) above applies,

• (b) require the new governing body to be consulted before the local education authority or the existing governing body exercise in relation to the school any function of a description so specified or take in relation to the school any action of a description so specified, and

• (c) require or enable the new governing body to participate in the exercise in relation to the school of any such function or the taking in relation to the school of any such action.

Grants to new governing body

6

• (1) The funding authority may make grants to the new governing body of a school in respect of expenditure incurred or to be incurred by that body in pursuance of any provision made by or under paragraphs 2 to 5 above in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals.

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

• (3) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

• (4) That amount is—

• (a) the amount of the payments made in respect of the grant, or

• (b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

Liability for expenses of new governing body

7

The duty of a local education authority to maintain any school shall not apply in relation to any expenses incurred by the new governing body of the school.

SCHEDULE 5

Introductory

1

In this Schedule—

• “school” means a grant-maintained school, and

• “instrument”, in relation to a school, means the instrument of government for the school.

Election of governors

2

The instrument for a school may make provision—

• (a) as to the procedure for the election of members of the governing body, and

• (b) for the determination of any questions arising in connection with, or matters relating to, such elections.

Disqualification for, tenure of and removal from office

3

A person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.

4

The instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.

5

Subject to paragraph 10 below, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.

6

• (1) Subject to paragraph 10 below, the instrument for a school must make the following provision for the term of office of—

• (a) first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and

• (b) where there are sponsor governors, those governors.

• (2) Except where sub-paragraph (3), (4) or (5) below applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

• (3) The initial instrument must provide, except where sub-paragraph (4) or (5) below applies—

• (a) subject to paragraph (b) below, for such a governor to hold office for such term as was specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school as the proposed term of office for initial governors of the category in question, and

• (b) in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.

• (4) Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 67(2) of this Act is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.

• (5) Any first governor appointed in pursuance of provision made in the instrument by virtue of section 64 of this Act is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.

7

No provision made in the instrument by virtue of paragraph 5 or 6 above or 10 below shall be taken to prevent a governor—

• (a) from being elected or appointed for a further term, or

• (b) from being disqualified, by virtue of paragraph 3 above or any provision made by virtue of paragraph 4 above, for continuing to hold office.

8

The instrument for a school must provide that any member of the governing body may at any time resign his office.

9

• (1) The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.

• (2) For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 65(7)(b) of this Act.

Initial appointments: terms of office

10

• (1) The instrument for a school must, until every initial governor has ceased to hold office, make the provision required by sub-paragraphs (2) and (3) below.

• (2) In the case of a governing body incorporated under Chapter II—

• (a) an initial governor of an elected category who was a governor of that category on the governing body of the school immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body, and

• (b) an initial governor of an elected category who was elected under section 71, or elected or nominated under section 74, of this Act to hold office as such shall hold office for a term of four years.

• (3) An initial first governor, initial foundation governor (other than a foundation governor who is a governor ex officio) or initial sponsor governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified as his proposed term of office in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

• (4) In the case of a governing body incorporated under Chapter IV, the instrument for a school must, until every governor of an elected category appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office for the prescribed term.

Meetings and proceedings

11

The proceedings of the governing body of a school shall not be invalidated by—

• (a) any vacancy among their number, or

• (b) any defect in the election or appointment of any governor.

12

Subject to the provisions of Chapter V and any instrument of government or articles of government made under that Chapter, the governing body of a school may regulate their own procedure.

13

• (1) The instrument for a school may make provision as to the meetings and proceedings of the governing body.

• (2) The provision that may be made in pursuance of this paragraph includes, in particular, provision—

• (a) as to the election of a chairman and vice-chairman,

• (b) as to the establishment, constitution, meetings and proceedings of committees,

• (c) for the delegation of the governing body’s functions, in such circumstances as may be specified in the instrument, to committees established by that body or to any member of that body, and

• (d) as to the procedure (including any quorum) when business is transacted by members of the governing body of a particular category.

• (3) The provision mentioned in sub-paragraph (2)(b) above may provide for a committee to include persons who are not members of the governing body.

• (4) The instrument shall make provision for an appeal committee for the purposes of paragraph 5(1) of Schedule 6 to this Act to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.

• (5) A person is eligible to be a lay member for the purposes of sub-paragraph (4) above if—

• (a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

• (b) he does not have, or has not at any time had, any connection with—

• (i) the school, or

• (ii) any person who is a member of, or employed by, the governing body of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

Allowances for governors

14

• (1) The governing body of a school may pay to their members such travelling, subsistence or other allowances as may be determined in accordance with a scheme made by the governing body and approved by the Secretary of State.

• (2) A scheme under this paragraph may be varied or revoked by a subsequent scheme made under this paragraph.

Seal etc.

15

• (1) The application of the seal of the governing body of a school 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.

• (2) Every document purporting to be an instrument made or issued by or on behalf of the governing body of a school 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.

SCHEDULE 6

Introductory

1

In this Schedule—

• “school” means a grant-maintained school, and

• “articles”, in relation to a school, means the articles of government for the school.

Performance and delegation of functions

2

• (1) The articles must make provision as to the functions to be exercised in relation to the school by—

• (a) the Secretary of State,

• (b) the funding authority,

• (c) the governing body,

• (d) any committee or other body established by the governing body,

• (e) the head teacher, and

• (f) any other persons specified in or determined under the articles.

• (2) The articles must also include provision as to the delegation of such functions by those on whom they are imposed or conferred by or under the articles.

• (3) The articles may include provision as to the establishment by the governing body of committees or other bodies of persons for the purpose of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.

Staff

3

• (1) The articles must include provision as to—

• (a) disciplinary rules and procedures applicable to members of the staff of the school, and

• (b) procedures for giving them opportunities for seeking redress of any grievances relating to their employment.

• (2) The articles must also include provision as to arrangements—

• (a) for giving any member of the staff an opportunity of making representations as to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose,

• (b) for requiring the governing body or any persons authorised under the articles to dismiss him to have regard to any representations made by him before taking any decision to dismiss him, and

• (c) for giving any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it.

Admission and exclusion of pupils

4

The articles must—

• (a) provide for the governing body to be responsible for determining the arrangements for admitting pupils to the school, and

• (b) include provision as to the policy to be followed in deciding admissions.

5

• (1) The articles must include provision as to arrangements for appeals (in such circumstances as may be provided by the articles) to an appeal committee constituted in accordance with the instrument of government against any decision or action taken—

• (a) by the governing body, or

• (b) by any persons authorised under the articles to take any decision or action of the kind in question,

in relation to admissions of pupils to the school or the permanent exclusion of a pupil from the school.

• (2) The articles must enable the governing body to make such arrangements jointly with the governing body of one or more other grant-maintained schools.

6

The articles must require the governing body to publish, for each school year, particulars of—

• (a) the arrangements for admission of pupils to the school, and

• (b) the procedures applicable under the articles, and any further arrangements made by them in respect of appeals by parents against any such decision or action as is mentioned in paragraph 5(1) above, in relation to the admission of pupils to the school.

Curriculum

7

• (1) The articles must include provision for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapter I of Part I of the Education Reform Act 1988 (the curriculum).

• (2) The articles must include provision as to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of those duties.

• (3) The articles must require the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—

• (a) which are made to them by any persons connected with the community served by the school, or

• (b) which are made to them by the chief officer of police and are connected with his responsibilities.

Annual reports

8

• (1) The articles must require the governing body to prepare once in every school year a report in such form and containing such information as the articles may require.

• (2) The articles must require the governing body to take such steps as are reasonably practicable to secure that—

• (a) the registered parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report, and

• (b) copies of the report are available for inspection (at all reasonable times and free of charge) at the school.

Annual parents’ meetings

9

• (1) The articles must require the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to—

• (a) all parents of registered pupils at the school, and

• (b) such other persons as the governing body may invite.

• (2) The articles must include provision as to—

• (a) the procedure to be followed and the matters to be considered at such a meeting,

• (b) the determination of any questions arising in connection with such a meeting, and

• (c) the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of, or in connection with, such a meeting or any resolutions passed at it.

SCHEDULE 7

Part I — INTRODUCTORY

Application

1

• (1) This Schedule applies, in relation to the governing body of a grant-maintained school, for the purposes of Part II of this Act.

• (2) Part II of this Schedule applies for the purpose of determining who are to be the initial governors of a grant-maintained school.

• (3) Part III of this Schedule applies for the purpose of determining who are to be the governors of a grant-maintained school on and after the incorporation date.

General interpretation

2

References to an initial governor are to any person who becomes a member of the governing body on the incorporation date.

3

References to a governor of an elected category are to a person who is a parent or teacher governor within the meaning of the Education (No. 2) Act 1986 or this Schedule.

4

In relation to any proposals for acquisition of grant-maintained status in respect of a school, a person who is a governor of an elected category on the existing governing body of the school is an eligible governor of that category if—

• (a) his term of office as a governor is due to end after the date of implementation of the proposals, and

• (b) he has notified the existing governing body that he is willing to serve on the proposed governing body and has not withdrawn that notification.

Part II — INITIAL GOVERNORS

Parent governors

5

• (1) In relation to a governing body to be incorporated under Chapter II, “parent governor” means—

• (a) a person who, immediately before the incorporation date in relation to the school, is a parent governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or

• (b) a person elected or appointed under section 71, or elected, appointed or nominated under section 74, of this Act to hold office as an initial parent governor on the governing body.

• (2) A person elected under section 71 of this Act to hold office as an initial parent governor must be elected by registered parents of registered pupils at the school and a person elected or appointed under that section to hold such office must himself when he is elected or appointed be such a parent.

• (3) A person elected, appointed or nominated under section 74 of this Act to hold office as an initial parent governor—

• (a) in the case of an election, must be elected by registered parents of registered pupils at the school and must himself when he is elected be such a parent, and

• (b) in the case of an appointment or nomination, must be a registered parent of a registered pupil at the school at the time of his appointment or nomination.

Teacher governors

6

• (1) In relation to a governing body to be incorporated under Chapter II, “teacher governor” means—

• (a) a person who, immediately before the incorporation date in relation to the school, is a teacher governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or

• (b) a person elected under section 71, or elected or nominated under section 74, of this Act to hold office as an initial teacher governor on the governing body.

• (2) A person elected under section 71 of this Act to hold office as an initial teacher governor must be elected by teachers at the school and must himself when he is elected be such a teacher.

• (3) A person elected or nominated under section 74 of this Act to hold office as an initial teacher governor—

• (a) in the case of an election, must be elected by teachers at the school and must himself when he is elected be such a teacher, and

• (b) in the case of a nomination, must be a teacher at the school at the time of his nomination.

First governors

7

• (1) In relation to a governing body to be incorporated under Chapter II, “first governor” means a person who is selected under section 73(1), or nominated under section 75(1), of this Act and appears to the persons selecting or nominating him to be committed to the good government and continuing viability of the school.

• (2) In relation to a governing body to be incorporated under Chapter IV, “first governor” means a person appointed by the funding authority who appears to them to be committed to the good government and continuing viability of the proposed school.

Foundation governors

8

• (1) In relation to a governing body to be incorporated under Chapter II, “foundation governor” means a person who—

• (a) is selected under section 73(2), or nominated under section 75(2), of this Act,

• (b) where the statement annexed under paragraph 2 of Schedule 3 to this Act to the proposals for acquisition of grant-maintained status describes the religious character of the school, is appointed for the purpose of securing that (subject to the approval or adoption under section 98 of this Act of any proposals) the religious character of the school is such as is indicated in the statement, and

• (c) where there is a trust deed relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with the deed.

• (2) In relation to a governing body to be incorporated under Chapter IV, “foundation governor” means a person who—

• (a) is appointed by the promoters,

• (b) where the statement annexed under paragraph 8 of Schedule 3 to this Act to the proposals for the establishment of a new grant-maintained school describes the religious character of the school, is appointed for the purpose of securing that (subject to the approval or adoption under section 98 of this Act of any proposals) the religious character of the proposed school is such as is indicated in the statement, and

• (c) where there is a trust deed relating to the proposed school, is appointed for the purpose of securing that the proposed school is conducted in accordance with that deed.

Sponsor governors

9

In relation to a governing body to be incorporated under Chapter II, “sponsor governor” means a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status.

Part III — GOVERNORS OTHER THAN INITIAL GOVERNORS

Parent governors

10

• (1) “Parent governor” means a person who—

• (a) is elected by registered parents of registered pupils at the school,

• (b) is appointed under a provision of the instrument of government made by virtue of section 60(3) of this Act,

• (c) is appointed by virtue of section 60(6) of this Act, or

• (d) is an initial parent governor.

• (2) To qualify for such election, the person must himself when he is elected be a registered parent of a registered pupil at the school.

Teacher governors

11

• (1) “Teacher governor” means a person who—

• (a) is elected by teachers at the school,

• (b) is appointed by virtue of section 61(4) of this Act, or

• (c) is an initial teacher governor.

• (2) To qualify for such election, the person must himself when he is elected be a teacher at the school.

First governors

12

“First governor” means—

• (a) a person appointed by the governing body who appears to them to be committed to the good government and continuing viability of the school,

• (b) a person appointed under a provision of the instrument of government made by virtue of section 64 of this Act who appears to the person appointing him to be committed to the good government and continuing viability of the school, or

• (c) an initial first governor.

Foundation governors

13

“Foundation governor” means a person who—

• (a) is appointed otherwise than by a local education authority or the funding authority,

• (b) where paragraph 8(1)(b) or (2)(b) above applies, is appointed for the purpose there referred to, and

• (c) where there is a trust deed relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that deed.

Sponsor governors

14

“Sponsor governor” means—

• (a) a person appointed by a person named in the instrument of government as a sponsor of the school,

• (b) while the instrument of government is the initial instrument, a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school, or

• (c) an initial sponsor governor.

SCHEDULE 8

Introductory

1

The provision made for core governors in the instrument of government for the governing body of a group must be in accordance with this Schedule.

Kinds of core governor

2

• (1) Core governors may be either—

• (a) appointed by the governing body, or

• (b) externally appointed.

• (2) Externally appointed core governors may be either—

• (a) appointed in respect of a particular school in the group, being a school—

• (i) which was a voluntary school immediately before it became grant-maintained, or

• (ii) which was established in pursuance of proposals published under section 49 of this Act, or

• (b) where the group consists only of such schools, appointed in respect of the group otherwise than by the governing body.

• (3) A person appointed as mentioned in sub-paragraph (2)(a) above must be appointed by the persons named in the instrument of government for the group as being entitled to appoint externally appointed core governors in respect of the school.

• (4) A person appointed as mentioned in sub-paragraph (2)(a) above must be appointed—

• (a) where any statement annexed to the proposals in pursuance of which the school became a grant-maintained school described the religious character of the school, for the purpose of securing that (subject to any change in the character of the school which may be authorised by or under Part II of this Act) the religious character of the school is such as was indicated in the statement, and

• (b) where there is a trust deed relating to the school, for the purpose of securing that the school is conducted in accordance with the deed.

• (5) Core governors, other than externally appointed core governors appointed in respect of particular schools in the group, must be appointed from among persons who appear to the person making the appointment to be committed to the good government and continuing viability of all the schools in the group.

• (6) A person who is a member of the teaching or other staff at any of the schools in the group is disqualified from holding office as a core governor, other than an externally appointed core governor.

Groups consisting only of former voluntary schools or section 49 schools

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• (1) This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b) above.

• (2) The minimum number of externally appointed core governors (referred to in this paragraph as “MN”) is one greater than the number of governors other than externally appointed core governors.

• (3) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (2) above.

• (4) In respect of each school in the group there must be the same number of externally appointed core governors.

• (5) The total number of externally appointed core governors in respect of schools in the group must not be less than the highest number, not exceeding MN, that is consistent with sub-paragraph (4) above.

Other groups

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• (1) This paragraph applies in the case of a group other than such a group as is mentioned in paragraph 2(2)(b) above.

• (2) If any school in the group falls within paragraph 2(2)(a) above, one externally appointed governor must be appointed in respect of that school.

• (3) The appropriate number of the core governors must (on the date or dates on which they respectively take office) be parents of registered pupils at schools in the group, and the appropriate number of the core governors must (on the date or dates on which they respectively take office) be members of the local community; but one person may satisfy both requirements.

• (4) In sub-paragraph (3) above “the appropriate number” means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a) above, at least one.

• (5) In appointing core governors, the governing body must secure that those governors include persons appearing to the governing body to be members of the local business community (and such persons may also satisfy one or both of the requirements of sub-paragraph (3) above).

• (6) The number of core governors must be such number, not being—

• (a) less than five, or

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

as will secure that they and the parent governors outnumber the other governors.

• (7) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (6) above.

SCHEDULE 9

Introductory

1

In this Schedule, “assessment” means an assessment of a child’s educational needs under section 167 of this Act.

Medical and other advice

2

• (1) Regulations shall make provision as to the advice which a local education authority are to seek in making assessments.

• (2) Without prejudice to the generality of sub-paragraph (1) above, the regulations shall, except in such circumstances as may be prescribed, require the authority to seek medical, psychological and educational advice and such other advice as may be prescribed.

Manner, and timing, of assessments, etc.

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• (1) Regulations may make provision—

• (a) as to the manner in which assessments are to be conducted,

• (b) requiring the local education authority, where, after conducting an assessment under section 167 of this Act of the educational needs of a child for whom a statement is maintained under section 168 of this Act, they determine not to amend the statement, to serve on the parent of the child notice giving the prescribed information, and

• (c) in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.

• (2) Sub-paragraph (1)(b) above does not apply to a determination made following the service of notice under paragraph 10 of Schedule 10 to this Act of a proposal to amend the statement.

• (3) Regulations may provide that, where a local education authority are under a duty to make an assessment, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

• (4) Such provision shall not relieve the authority of the duty to make an assessment which has not been performed within that period.

Attendance at examinations

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• (1) Where a local education authority propose to make an assessment, they may serve a notice on the parent of the child concerned requiring the child’s attendance for examination in accordance with the provisions of the notice.

• (2) The parent of a child examined under this paragraph may be present at the examination if he so desires.

• (3) A notice under this paragraph shall—

• (a) state the purpose of the examination,

• (b) state the time and place at which the examination will be held,

• (c) name an officer of the authority from whom further information may be obtained,

• (d) inform the parent that he may submit such information to the authority as he may wish, and

• (e) inform the parent of his right to be present at the examination.

Offence

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• (1) Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 above commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination.

• (2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

SCHEDULE 10

Introductory

1

In this Schedule, “statement” means a statement of a child’s special educational needs under section 168 of this Act.

Copy of proposed statement

2

Before making a statement, a local education authority shall serve on the parent of the child concerned—

• (a) a copy of the proposed statement, and

• (b) a written notice explaining the arrangements under paragraph 3 below, the effect of paragraph 4 below and the right to appeal under section 170 of this Act and containing such other information as may be prescribed,

but the copy of the proposed statement shall not specify any matter in pursuance of section 168(4) of this Act or any prescribed matter.

Choice of school

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• (1) Every local education authority shall make arrangements for enabling a parent on whom a copy of a proposed statement has been served under paragraph 2 above to express a preference as to the maintained, grant-maintained or grant-maintained special school at which he wishes education to be provided for his child and to give reasons for his preference.

• (2) Any such preference must be expressed or made within the period of fifteen days beginning—

• (a) with the date on which the written notice mentioned in paragraph 2(b) above was served on the parent, or

• (b) if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2) below, with the date fixed for that meeting (or the last of those meetings).

• (3) Where a local education authority make a statement in a case where the parent of the child concerned has expressed a preference in pursuance of such arrangements as to the school at which he wishes education to be provided for his child, they shall specify the name of that school in the statement unless—

• (a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

• (b) the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

• (4) A local education authority shall, before specifying the name of any maintained, grant-maintained or grant-maintained special school in a statement, consult the governing body of the school and, if the school is maintained by another local education authority, that authority.

Representations

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• (1) A parent on whom a copy of a proposed statement has been served under paragraph 2 above may—

• (a) make representations (or further representations) to the local education authority about the content of the statement, and

• (b) require the authority to arrange a meeting between him and an officer of the authority at which the statement can be discussed.

• (2) Where a parent, having attended a meeting arranged by a local education authority under sub-paragraph (1)(b) above, disagrees with any part of the assessment in question, he may require the authority to arrange such meeting or meetings as they consider will enable him to discuss the relevant advice with the appropriate person or persons.

• (3) In this paragraph—

• “relevant advice” means such of the advice given to the authority in connection with the assessment as they consider to be relevant to that part of the assessment with which the parent disagrees, and

• “appropriate person” means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.

• (4) Any representations under sub-paragraph (1)(a) above must be made within the period of fifteen days beginning—

• (a) with the date on which the written notice mentioned in paragraph 2(b) above was served on the parent, or

• (b) if a meeting has (or meetings have) been arranged under sub-paragraph (1)(b) or (2) above, with the date fixed for that meeting (or the last of those meetings).

• (5) A requirement under sub-paragraph (1)(b) above must be made within the period of fifteen days beginning with the date on which the written notice mentioned in paragraph 2(b) above was served on the parent.

• (6) A requirement under sub-paragraph (2) above must be made within the period of fifteen days beginning with the date fixed for the meeting arranged under sub-paragraph (1)(b) above.

Making the statement

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• (1) Where representations are made to a local education authority under paragraph 4(1)(a) above, the authority shall not make the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 above for making requirements or further representations has expired.

• (2) The statement may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.

• (3) Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty, or any step required to be taken for performance of the duty, must, subject to prescribed exceptions, be performed within the prescribed period.

• (4) Such provision shall not relieve the authority of the duty to make a statement, or take any step, which has not been performed or taken within that period.

Service of statement

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Where a local education authority make a statement they shall serve a copy of the statement on the parent of the child concerned and shall give notice in writing to him—

• (a) of his right under section 170(1) of this Act to appeal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact, and

• (b) of the name of the person to whom he may apply for information and advice about the child’s special educational needs.

Keeping, disclosure and transfer of statements

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• (1) Regulations may make provision as to the keeping and disclosure of statements.

• (2) Regulations may make provision, where a local education authority become responsible for a child for whom a statement is maintained by another authority, for the transfer of the statement to them and for Part III of this Act to have effect as if the duty to maintain the transferred statement were their duty.

Change of named school

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• (1) Sub-paragraph (2) below applies where—

• (a) the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the local education authority to substitute for that name the name of a maintained, grant-maintained or grant-maintained special school specified by the parent, and

• (b) the request is not made less than twelve months after—

• (i) a request under this paragraph,

• (ii) the service of a copy of the statement under paragraph 6 above,