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PART II |
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NEW FRAMEWORK FOR MAINTAINED SCHOOLS |
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CHAPTER I |
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INTRODUCTORY |
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The new schools |
| New categories of maintained schools. |
20. - (1) Schools maintained by local education authorities on or after the appointed day shall be divided into the following categories-
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(c) voluntary schools, comprising- |
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(i) voluntary aided schools, and
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(ii) voluntary controlled schools;
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(d) community special schools; and |
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(e) foundation special schools. |
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(2) A school maintained by a local education authority is a school falling within one of the categories set out in subsection (1) if-
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(a) it became a school of that category on the appointed day in accordance with Schedule 2 (and has not changed its category under Schedule 8); or |
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(b) it was established as a school of that category under section 27 or 30 (and has not changed its category under Schedule 8); or |
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(c) it has become a school of that category in accordance with Schedule 8. |
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(3) Schedule 2 makes provision for, and in connection with, the allocation to the categories set out in subsection (1) of schools which immediately before the appointed day were (within the meaning of the Education Act 1996)-
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(a) county, voluntary or maintained special schools, or |
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(b) grant-maintained or grant-maintained special schools. |
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(4) As from the appointed day a local education authority shall maintain (as a school falling within one of those categories)-
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(a) any school within subsection (3)(a) which was maintained by the authority immediately before that day; and |
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(b) any school within subsection (3)(b) which is situated within the authority's area. |
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(5) In this section "school" means a primary, secondary or special school, including a nursery school which is a special school but excluding-
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(a) a nursery school which is not a special school; and |
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(b) a pupil referral unit. |
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(6) In this Act-
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"the appointed day" means such day as may be appointed for the purposes of this section by an order made by the Secretary of State; |
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"maintained school" means (unless the context otherwise requires) a community, foundation or voluntary school or a community or foundation special school. |
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(7) Any reference in this Act to the categories set out in subsection (1) or to any such category is to be read, in its application to voluntary schools, as (or as including) a reference to the sub-categories set out in subsection (1)(c)(i) and (ii) or to any such sub-category.
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| Kinds of foundation and voluntary schools and types of foundations. |
21. - (1) There may be three kinds of foundation school-
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(a) those having a foundation established otherwise than under this Act; |
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(b) those belonging to a group of schools for which a foundation body acts under this section; and |
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(c) those not falling within either of paragraphs (a) and (b). |
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(2) There may be two kinds of voluntary controlled or voluntary aided school-
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(a) those having a foundation established otherwise than under this Act; and |
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(b) those belonging to a group of schools for which a foundation body acts under this section. |
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(3) For the purposes of this Act-
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(a) "foundation", in relation to a foundation or voluntary school, means any body of trustees or body corporate (other than the governing body) which holds property for the purposes of the school; and |
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(b) a school "has" a foundation if such a body exists for performing that function in relation to the school (or a number of schools which include the school). |
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(4) For the purposes of this Act-
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(a) "foundation body" means a body corporate established under this section to perform, in relation to three or more schools each of which is either a foundation or a voluntary school, the following functions, namely- |
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(i) to hold property of those schools for the purposes of the schools, and
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(ii) to appoint foundation governors for those schools; and
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(b) "the group", in relation to a foundation body, means the group of three or more schools for which the body performs those functions. |
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(5) The Secretary of State may by regulations make provision for and in connection with-
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(a) the establishment, membership, functions and winding up of a foundation body, and |
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(b) the steps to be taken by schools in connection with joining or leaving the group. |
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(6) Regulations under subsection (5) may, in particular, make provision-
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(a) with respect to the transfer of property to and from a foundation body when schools join or leave the group; |
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(b) authorising a foundation body to appoint foundation governors to every school in the group; |
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(c) prescribing a model instrument of government for adoption by a foundation body subject to variations approved by the Secretary of State; |
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(d) for conferring functions with respect to the resolution of disputes- |
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(i) between schools in the group, or
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(ii) between one or more such schools and a foundation body,
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on such person or body as may be specified in the regulations; |
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(e) requiring a governing body proposing that their school should leave the group to publish proposals under section 27 as if they were proposing to make a prescribed alteration to the school; |
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(f) for the dissolution of a foundation body by order of the Secretary of State; |
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(g) for enabling the Secretary of State, in the case of any land held by a foundation body immediately before its dissolution which by virtue of this Act could not be disposed of without his consent, to determine how that land is to be dealt with on its dissolution. |
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(7) The Secretary of State may, after consulting a foundation body, make an order modifying the instrument of government adopted by that body.
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(8) The following shall be charities which are exempt charities for the purposes of the Charities Act 1993-
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(a) any foundation, voluntary or foundation special school; |
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(b) any foundation body established under this section; and |
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(c) any foundation established otherwise than under this Act if it has no property other than the premises of any school or schools falling within paragraph (a); |
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but no community or community special school shall be a charity.
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For this purpose "premises" includes a teacher's dwelling-house.
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(9) So far as it is a charity, any institution which-
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(a) is administered by or on behalf of any school or body within subsection (8)(a) or (b), and |
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(b) is established for the general purposes of, or for any special purpose of or in connection with, that school or body, |
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shall also be an exempt charity for the purposes of the Charities Act 1993.
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(10) Regulations may make provision for applying to foundation special schools, with or without modifications-
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(a) any of the provisions of subsections (3) to (7); or |
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(b) any provision of Schedule 21 to this Act (transfers of land on appointed day). |
| Maintenance and other funding of schools. |
22. - (1) A local education authority are under a duty to maintain the following schools-
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(a) any maintained schools which they are required to maintain by virtue of section 20(4); |
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(b) any maintained schools established by them under section 27 or 30; |
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(c) any maintained schools established in their area under section 27 otherwise than by them or any other local education authority; and |
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(d) any maintained nursery school established by them. |
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(2) Subsection (1) has effect subject to the transfer under this Part of a maintained school from the area of one local education authority to that of another, and to the provisions of this Part relating to the discontinuance of schools.
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(3) In the case of a community school, a community special school or a maintained nursery school, the local education authority's duty to maintain the school includes-
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(a) the duty of defraying all the expenses of maintaining it, and |
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(b) the duty of making premises available to be used for the purposes of the school. |
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(4) In the case of a foundation, voluntary controlled or foundation special school, the local education authority's duty to maintain the school includes-
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(a) the duty of defraying all the expenses of maintaining it, and |
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(b) the duty, under paragraph 2 of Schedule 3 or paragraph 13 or 15 of Schedule 6, of providing new premises for the school under and in accordance with paragraph 2 of Schedule 3 or (as the case may be) paragraph 16 of Schedule 6. |
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(5) In the case of a voluntary aided school, the local education authority's duty to maintain the school includes-
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(a) the duty of defraying all the expenses of maintaining it, except any expenses that by virtue of paragraph 3 of Schedule 3 are payable by the governing body, and |
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(b) the duty, under paragraph 4 of Schedule 3, of providing new premises for the school under and in accordance with that paragraph. |
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(6) For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.
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(7) Schedule 3 (which makes provision as to the functions of governing bodies, local education authorities and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.
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(8) In this Act-
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(a) in relation to a school maintained (or proposed to be maintained) by a local education authority, "the local education authority" means that authority; and |
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(b) in relation to schools falling within subsections (3) to (6), "maintain" shall be read in accordance with those subsections. |
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(9) In this Act "maintained nursery school" means a nursery school which is maintained by a local education authority.
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