Education Act 1993 (repealed)

• (2) If any doubt or dispute arises as to the persons to whom a local education authority are required to make a conveyance under subsection (1) above, the conveyance shall be made to such persons as the Secretary of State thinks proper.

• (3) Where trustees make a disposal of an interest conveyed to them by a local education authority under subsection (1) above, they shall be liable to pay to that authority an amount equal to the net proceeds of the disposal.

• (4) In subsection (3) above—

• “disposal” includes part disposal, and

• “net proceeds”, in relation to a disposal, means the amount accruing on the disposal less any expenditure reasonably incurred for the purposes of making it.

Disapplication of section 123(2) of the Local Government Act 1972.

285

Subsection (2) of section 123 of the Local Government Act 1972 (which prohibits a local authority from making a disposal of land under that section below market value without the consent of the Secretary of State) shall not apply in the case of a disposal—

• (a) to the governors of an aided or special agreement school, or

• (b) to persons proposing to establish a school which is proposed to be maintained by a local education authority as a voluntary school and to be an aided school.

Repeal of section 3(4) of the Education Act 1968.

286

Section 3(4) of the Education Act 1968 (power of local education authority to provide, or assist in providing, temporary accommodation at voluntary school) shall cease to have effect.

Voluntary and grant-maintained schools: endowments

Religious educational trusts: adoption of statutory trusts.

287

• (1) This section applies to endowments which are—

• (a) regulated by an existing scheme under the Endowed Schools Acts 1869 to 1948 as applied by section 86(1) of the Education Act 1944 or by an order, whenever made, under section 2 of the Education Act 1973; and

• (b) held under any such scheme or order on trusts which provide for capital or income or both to be applicable for or in connection with—

• (i) the provision of religious education at relevant schools, or relevant schools of any description (but not only at a particular school or schools) in a diocese or other geographical area; or

• (ii) the provision of premises for relevant schools, or relevant schools of any description (but not only at a particular school or schools) at which religious education is or is to be provided in a diocese or other geographical area;

but this section does not apply to an endowment if or in so far as it constitutes a religious education fund.

• (2) The trustees of any endowments to which this section applies may, by resolution complying with subsection (6) below, adopt the uniform statutory trusts as the trusts on which those endowments are to be held.

• (3) The uniform statutory trusts are those set out in Schedule 17 to this Act.

• (4) On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order.

• (5) The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6) below, consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity.

• (6) For a resolution to comply with this subsection—

• (a) it must be passed by a simple majority of the trustees or, if the trustees are a body corporate or a company, by a simple majority of the members of the body corporate or an ordinary resolution of the company; and

• (b) it must be recorded in the records of the decisions of the trustees affecting the endowments of the trust.

• (7) Where trustees pass a resolution under subsection (2) above it shall be their duty to send a copy of the resolution to the Secretary of State.

• (8) The uniform statutory trusts applicable to endowments to which this section applies shall not affect—

• (a) the rights of any person under the third proviso tosection 2 of the School Sites Act 1841,section 86(3) of the Education Act 1944 orsection 1 of the Reverter of Sites Act 1987 (rights replacing certain reversionary interests in land); or

• (b) the rights of any local education authority which have arisen or may arise under paragraph 7 or 8 of the First Schedule to the Education Act 1946 (rights in relation to school sites provided by such authorities);

except in so far as any right falling within paragraph (a) above is extinguished by an order under section 2 of the Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987.

• (9) In this section—

• “company” means a company formed under the Companies Acts;

• “the Companies Acts” means the Companies Act 1985, the Companies Act 1948 or any Act repealed by that Act of 1948;

• “endowment” includes property not subject to any restriction on the expenditure of capital;

• “existing” means in force on the day on which this section comes into force;

• “provision”, in relation to premises, means provision by the purchase of a site, the erection of premises or the maintenance, improvement or enlargement of premises;

• “relevant school” means a voluntary school or a grant-maintained school.

• “religious education” means religious education in accordance with the tenets of a particular religion or religious denomination; and

• “religious education fund” includes a Sunday school fund.

• (10) In Schedule 17 to this Act as incorporated in any scheme or order—

• “the area” means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be;

• “relevant school” means a relevant school at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided; and

• “the relevant trust assets” means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.

Religious educational trusts: supplementary provision.

288

• (1) Section 2 of the Education Act 1973 (special powers as to certain trusts for religious education) is amended as follows.

• (2) In subsection (4), at the end (definition of “use for appropriate educational purposes”) there is inserted “ including, in particular, but without prejudice to the generality of the foregoing words, use for any purpose specified in Schedule 17 to the Education Act 1993. ”

• (3) In subsection (3), after “dwelling-house” there is inserted “ and may consolidate any endowments to be dealt with by the scheme ”.

• (4) After subsection (5) there is inserted—

(5A) Where a scheme given effect under this section provides for the endowments dealt with by the order or any part of them to be used for the purposes specified in Schedule 17 to the Education Act 1993, any such scheme may provide for the endowments thereby dealt with or any part of them to be added to any existing endowment applicable for those purposes (whether it is so applicable by virtue of a scheme given effect under this section or otherwise).

Voluntary and grant-maintained schools: teachers’ pay and conditions

Employment of certain teachers: pay and conditions.

289

After section 3 of the School Teachers’ Pay and Conditions Act 1991 (special provisions as to grant-maintained schools) there is inserted—

(3A) (1) This section applies where a school teacher employed to teach at an independent school— (a) which becomes a county or voluntary school in pursuance of proposals published under section 12(1)(b) or, as the case may be, 13(1)(a) of the Education Act 1980, or (b) in place of which a grant-maintained school is established in pursuance of proposals published under section 49 of the Education Act 1993, becomes employed (in the case of a county or voluntary school) by the local education authority or the governing body or (in the case of a grant-maintained school) by the governing body in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981. (2) A pay and conditions order shall not apply to the statutory conditions of employment of such a teacher unless he gives notice in writing to the new employer that the order is to so apply. (3) Where the governing body of an aided school receive notice given under subsection (2) above, they shall inform the local education authority.

Independent schools

Independent schools: employment of teachers etc.

290

• (1) At the end of section 71 of the Education Act 1944 (independent schools: complaints) there is added—

(4) If at any time the Secretary of State is satisfied that a person whose employment is prohibited or restricted by virtue of regulations under section 218(6) of the Education Reform Act 1988— (a) is employed in a registered or provisionally registered school in contravention of those regulations, or (b) is the proprietor of such a school, he may order that the school be struck off the register or, as the case may be, that the Registrar is not to register the school. (5) In this section, and in sections 72 and 73 of this Act, “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of nineteen years.

• (2) In sections 71(1)(d) and (2), 72(2)(e), (3) and (4) and 73(3) of that Act, after “teacher” in each place where it occurs there is inserted “ or other employee ”.

• (3) In section 218 of the Education Reform Act 1988 (school etc. regulations)—

• (a) at the end of subsection (6)(b) “or” is omitted,

• (b) after subsection (6)(c) there is added

or (d) by the proprietors of independent schools or at such schools as teachers or in any such work

,and

• (c) in subsection (12) after “section” there is inserted “ other than in subsection (6)(d) above ”.

Training for unqualified teachers in CTCs or CCTAs.

291

In section 218 of the Education Reform Act 1988 (school etc. regulations), after subsection (2) there is inserted—

(2A) The regulations may impose requirements on persons carrying on city technology colleges or city colleges for the technology of the arts as to the training and teaching experience of persons employed as teachers at such colleges who seek to become (in relation to schools) qualified teachers; and such requirements shall have effect for the purposes of section 105 of this Act as requirements of the agreements under which the colleges are maintained.

Independent schools that are children’s homes.

292

• (1) In section 63 of the Children Act 1989 (children not to be cared for and accommodated in unregistered children’s homes) for subsection (6) there is substituted—

(6) An independent school is a children’s home at any time if at that time accommodation is provided for children at the school and either— (a) in each year that fell within the period of two years ending at that time accommodation was provided for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in that year, or (b) it is intended to provide accommodation for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in any year, unless the school is approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements); and in this subsection “year” means a period of twelve months and “proprietor” has the same meaning as in the Education Act 1944.

• (2) In section 70 of the Education Act 1944 (registration of independent schools) after subsection (4) there is inserted—

(4A) Regulations made under subsection (4) above may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the Children Act 1989).

Corporal punishment.

293

• (1) Section 47 of the Education (No. 2) Act 1986 (corporal punishment) is amended as follows.

• (2) In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ” and after that subsection there is inserted—

(1A) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading. (1B) In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.

• (3) In subsection (5)—

• (a) for the words preceding paragraph (a) there is substituted “Subsection (1) above applies to a pupil”, and

• (b) for “but” there is substituted “ and in this section “pupil” .

Corporal punishment: Scotland.

294

• (1) Section 48A of the Education (Scotland) Act 1980 (corporal punishment) is amended as follows.

• (2) In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ” and after that subsection there is inserted—

(1A) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading. (1B) In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.

• (3) In subsection (5) for the words preceding paragraph (a) there is substituted

In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school. (5A) Subsection (1) above applies to a pupil-

• (4) In subsection (8)(a) for “(5)(a)(iii)” there is substituted “ (5A)(a)(iii) ”.

Goods and services for grant-maintained or grant-maintained special schools

Provision of goods and services by local education authorities.

295

• (1) Where the Secretary of State by order provides for this section to apply to a local education authority, the functions of the authority shall include the supply by the authority of such goods or services as may be specified in the order to the governing bodies of grant-maintained or grant-maintained special schools in such area as may be so specified.

• (2) The area specified in the order may not extend beyond the area which comprises—

• (a) the area of the authority, and

• (b) the area of any other local education authority which shares any boundary with the authority.

• (3) The terms on which goods and services are supplied by a local education authority in the exercise of a function exercisable by virtue of this section shall be such as can reasonably be expected to secure that the full cost of exercising the function is recovered by the authority.

• (4) This section may not apply to a local education authority after the expiry of the period of two years beginning when it first applies to the authority.

• (5) This section is without prejudice to the generality of any other enactment conferring functions on local education authorities.

Local education authorities: education committees

Abolition of requirement to establish education committees.

296

Section 6(2) of, and Part II of the First Schedule to, the Education Act 1944 (education committees) are omitted.

Power of Secretary of State to direct appointment of members of committees.

297

• (1) Subsection (2) below applies to any local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities.

• (2) The Secretary of State may by directions to any local authorities to which this subsection applies require every such committee, or any such committee of a description specified in the direction, to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts.

• (3) Subsection (4) below applies to any two or more local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities.

• (4) The Secretary of State may by directions to any local authorities to which this subsection applies require every such committee, or any such committee of a description specified in the direction, to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts or in such area as may be specified in the direction.

• (5) The power of the Secretary of State to give directions under subsection (2) or (4) above shall be exercisable in relation to any sub-committees which are—

• (a) appointed by the authorities concerned or any such committee as is mentioned in that subsection, and

• (b) so appointed wholly or partly for the purpose of discharging the authorities’ functions as mentioned in that subsection or the committee’s functions with respect to education,

as it is exercisable in relation to the committees themselves.

Exceptional provision

Exceptional provision of education in school or elsewhere.

298

• (1) Each local education authority shall make arrangements for the provision of suitable full-time or part-time education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

• (2) A school established (whether before or after the commencement of this section) and maintained by a local education authority which—

• (a) is specially organised to provide education for such children, and

• (b) is not a county school or special school,

shall be known as a “pupil referral unit”.

• (3) A local education authority may secure the provision of boarding accommodation at any pupil referral unit.

• (4) A local education authority may make arrangements for the provision of suitable full-time or part-time education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

• (5) Section 9(2) of the Education Act 1944 (schools, other than nursery schools or special schools, established by LEAs to be known as county schools) shall have effect subject to subsection (2) above.

• (6) Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of the Education Acts as a pupil.

• (7) In this section “suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have.

• (8) Schedule 18 to this Act (pupil referral units) shall have effect.

Supplementary

Stamp duty.

299

• (1) Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following sections of this Act: 38 (taken with section 198 of, and Schedule 10 to, the Education Reform Act 1988), 116(3) and (4), 226(1) and 247.

• (2) Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to a funding authority under or by virtue of section 114 or 225(3) of this Act.

• (3) Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to a local education authority—

• (a) under or by virtue of section 114(1)(a), 132(2) or 225(3) of this Act of property which immediately after the transfer is held by the authority for the purposes of a maintained school, or

• (b) under or by virtue of section 114(2) or 225(3) of this Act of property which immediately after the transfer is held by the authority for the purposes of a new county school.

• (4) Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to the governing body of a grant-maintained school—

• (a) under or by virtue of section 114(2) or 225(3) of this Act, or

• (b) in the case of a school established under section 48(2) or 49 of this Act, from the funding authority.

• (5) No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsections (1) to (4) above shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

Publication of guidance.

300

• (1) The Secretary of State shall publish any guidance given by him for the purposes of any of the provisions mentioned in subsection (2) below in such manner as he thinks fit.

• (2) Those provisions are sections 28, 48, 49, 96(3), 97(4), 104(2), 105(4) and 184(1) of this Act.

Orders, regulations and directions.

301

• (1) Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.

• (2) For the purposes of subsection (1) above the excepted provisions are sections 9, 12, 39, 57, 70, 111, 136, 150, 191, 225, 232, 233 and 295, the definition of “Church in Wales school” in section 305 and paragraph 5 of Schedule 4 and paragraph 3 of Schedule 11.

• (3) A statutory instrument containing any order or regulations under this Act, other than under section 218, 220, 226, 247(5), 248(8) or 308, or paragraph 1(4) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) No regulations shall be made under paragraph 1(4) of Schedule 3 to this Act unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

• (5) Before making any regulations under section 56 of this Act, the Secretary of State shall consult—

• (a) a body appearing to him to be representative of the Church of England,

• (b) a body appearing to him to be representative of the Church in Wales, and

• (c) a body appearing to him to be representative of the Roman Catholic Church,

in matters relating to the provision of education in grant-maintained schools having foundation governors.

• (6) Orders or regulations under this Act made by the Secretary of State, and orders made by the funding authority under section 57, 70 or 136 of this Act or paragraph 5 of Schedule 4 to this Act, may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the person making the order or regulations thinks fit.

• (7) Section 111 of the Education Act 1944 (revocation and variation) applies to directions given by the funding authority under this Act as it applies to directions given under that Act.

Financial provisions.

302

There shall be paid out of money provided by Parliament—

• (a) any sums required for the payment by the Secretary of State of grants or other contributions under this Act,

• (b) any other expenses of the Secretary of State under this Act, and

• (c) any increase attributable to this Act in the sums so payable under any other enactment.

Construction of references to old and new law.

303

• (1) Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of Parts II to IV of this Act is to be read, in relation to the times, circumstances or purposes in relation to which a corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.

• (2) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments is to be read, in relation to the times, circumstances or purposes in relation to which a corresponding provision of Parts II to IV of this Act has effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.

• (3) Any reference in any provision of the Education Acts to a funding authority, in relation to any function which, under a corresponding provision of the repealed enactments, was exercisable by the Secretary of State is to be read, in relation to the times, circumstances or purposes in relation to which the corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as a reference to the Secretary of State.

• (4) In this section, “the repealed enactments” means the enactments specified in Part I of Schedule 21 to this Act.

Meaning of “school” in the Education Acts.

304

• (1) In section 14(5) of the Further and Higher Education Act 1992 (“school” means an institution providing primary or secondary education, whether or not it also provides further education, etc.) before “further education” there is inserted “ part-time education suitable to the requirements of junior pupils ”.

• (2) In the definition of “primary school” in section 114(1) of the Education Act 1944 (“primary school” means, subject to regulations under section 1 of the Education Act 1964, a school for providing primary education, whether or not it also provides further education) before “further education” there is inserted “ part-time education suitable to the requirements of junior pupils or ”.

General interpretation.

305

• (1) In this Act—

• “alterations”, in relation to any school premises, includes improvements, extensions and additions and “alter” shall be read accordingly,

• “Church in Wales school” means a school in the Province of Wales in which the religious education provided is provided in accordance with the faith and practice of the Church in Wales and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese,

• “Church of England school” means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated,

• “contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996, and “employed” means employed under a contract of employment,

• “the Education Acts” means the Education Acts 1944 to 1996,

• “financial year” means a period of twelve months ending with 31st March,

• “functions” includes powers and duties,

• “land” includes buildings and other structures, land covered with water, and any interest in land,

• “liability” includes obligation,

• “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London,

• “local education authority”—in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, andin relation to a grant-maintained school, means the local education authority for the area in which the school is situated,

• “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital,

• “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly,

• “prescribed” means prescribed by regulations,

• “regulations” means regulations made by the Secretary of State, and

• “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.

• (2) References in this Act to an interest in land include any easement, right or charge in, to or over land.

• (3) This Act shall be construed as one with the Education Act 1944; but where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that Act shall not apply for the purposes of that provision.

• (4) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority”, the Secretary of State shall consult the bishop for the diocese.

Index.

306

The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.

Amendments etc.

307

• (1) Schedule 19 to this Act (which makes minor and consequential amendments) shall have effect.

• (2) Schedule 20 to this Act (which makes transitional provisions and savings) shall have effect.

• (3) The enactments mentioned in Schedule 21 to this Act are repealed to the extent mentioned in the third column.

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,