School Standards and Framework Bill - continued        House of Commons
PART II, NEW FRAMEWORK FOR MAINTAINED SCHOOLS - continued

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  CHAPTER II
  ESTABLISHMENT, ALTERATION OR DISCONTINUANCE OF SCHOOLS
 
Mainstream schools maintained by LEAs
Proposals for establishment or alteration of community, foundation or voluntary school.     27. - (1) Where a local education authority propose-
 
 
    (a) to establish a new community or foundation school, or
 
    (b) to make any prescribed alteration to a community school, or
 
    (c) to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school,
  the authority shall publish their proposals under this section.
 
      (2) Where-
 
 
    (a) any persons (referred to in this Part as "promoters") propose to establish a new foundation or voluntary school, or
 
    (b) the governing body of a foundation or voluntary school propose to make any prescribed alteration to the school,
  those persons or (as the case may be) the governing body shall publish their proposals under this section.
 
      (3) Proposals under this section shall-
 
 
    (a) contain such information, and
 
    (b) be published in such manner,
  as may be prescribed.
 
      (4) Proposals under this section may if the relevant body or promoters think fit-
 
 
    (a) specify an age below 10 years and six months and an age above 12 years, and
 
    (b) provide that the school to which the proposals relate is to be a school providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.
      (5) Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the Secretary of State.
 
      (6) Where any proposals published under this section relate to a school or proposed school in England, the relevant body or promoters shall send-
 
 
    (a) a copy of the published proposals, and
 
    (b) such information in connection with those proposals as may be prescribed,
  to the school organisation committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.
 
      (7) Where any proposals published under this section relate to a school or proposed school in Wales, the relevant body or promoters shall send-
 
 
    (a) a copy of the published proposals, and
 
    (b) such information in connection with those proposals as may be prescribed,
  to the Secretary of State.
 
      (8) Schedule 6 has effect (for both England and Wales) in relation to-
 
 
    (a) the procedure for dealing with proposals under this section and their implementation; and
 
    (b) the provision of premises or other assistance in connection with their implementation.
      (9) Where any proposals published under this section-
 
 
    (a) are for the transfer of a school to a site in a different area, or
 
    (b) relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the local education authority who maintain, or (as the case may be) who it is proposed should maintain, the school,
  the provisions of subsection (6) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.
 
      (10) In this section "the relevant body or promoters" means the local education authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).
 
      (11) In this Part-
 
 
    (a) "alteration", in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change-
 
      (i) in the religious character of the school, or
 
      (ii) whereby the school would acquire or lose a religious character; and
 
    (b) "area" (without more) means a local education authority area.
      (12) Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the local education authority.
 
Proposals for discontinuance of community, foundation, voluntary or maintained nursery school.     28. - (1) Where a local education authority propose to discontinue-
 
 
    (a) a community, foundation or voluntary school, or
 
    (b) a maintained nursery school,
  the authority shall publish their proposals under this section.
 
      (2) Where the governing body of a foundation or voluntary school propose to discontinue the school, the governing body shall publish their proposals under this section.
 
      (3) Proposals under this section shall-
 
 
    (a) contain such information, and
 
    (b) be published in such manner,
  as may be prescribed.
 
      (4) Before publishing any proposals under this section, the relevant body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body shall have regard to any guidance given from time to time by the Secretary of State.
 
      (5) Where any proposals published under this section relate to a school in England, the relevant body shall send-
 
 
    (a) a copy of the published proposals, and
 
    (b) such information in connection with those proposals as may be prescribed,
  to the school organisation committee for the area of the local education authority who maintain the school.
 
      (6) Where any proposals published under this section relate to a school in Wales, the relevant body shall send-
 
 
    (a) a copy of the published proposals, and
 
    (b) such information in connection with those proposals as may be prescribed,
  to the Secretary of State.
 
      (7) Schedule 6 has effect (for both England and Wales) in relation to the procedure for dealing with proposals under this section and their implementation.
 
      (8) Where any proposals published under this section relate to a school which is situated in an area other than that of the local education authority who maintain it, the provisions of subsection (5) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.
 
      (9) In this section "the relevant body" means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).
 
      (10) In this Part any reference to a local education authority-
 
 
    (a) discontinuing a school, or
 
    (b) implementing proposals to discontinue a school (whether published by the authority or the governing body),
  is to the authority ceasing to maintain the school.
 
Notice by governing body to discontinue foundation or voluntary school.     29. - (1) Subject to the following provisions of this section, the governing body of a foundation or voluntary school may discontinue the school by serving on the Secretary of State and the local education authority at least two years' notice of their intention to do so.
 
      (2) If expenditure has been incurred on the school premises (otherwise than in connection with repairs)-
 
 
    (a) by the Secretary of State,
 
    (b) by any local education authority, or
 
    (c) by an authority which was a local education authority within the meaning of any enactment repealed by the Education Act 1944 or an earlier Act,
  no such notice may be served without the consent of the Secretary of State.
 
      (3) If discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall, before serving a notice under this section, consult the appropriate further education funding council.
 
      (4) If, while a notice under this section is in force in respect of a foundation or voluntary school, the governing body inform the local education authority that they are unable or unwilling to carry on the school until the notice expires, the authority-
 
 
    (a) may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and
 
    (b) shall be entitled to use the school premises free of charge for that purpose.
      (5) While the school is being so conducted-
 
 
    (a) the authority shall keep the school premises in good repair, and
 
    (b) any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.
      (6) Despite the provisions of subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.
 
      (7) A notice served under this section may not be withdrawn without the consent of the local education authority.
 
      (8) Regulations may make provision for the purposes of this section with respect to cases where the governing body of a foundation or voluntary school are served with a notice to quit by the school's trustees.
 
      (9) If a foundation or voluntary school is discontinued under this section, the duty of the local education authority to maintain the school as a foundation or voluntary school shall cease.
 
      (10) Nothing in section 28 or 32 applies to any such discontinuance of a foundation or voluntary school.
 
 
Special schools maintained by LEAs
Proposals for establishment, alteration or discontinuance of community or foundation special school.     30. - (1) Where a local education authority intend-
 
 
    (a) to establish a new community special school or a new foundation special school, or
 
    (b) to make any prescribed alteration to such a school, or
 
    (c) to discontinue such a school,
  the authority shall publish their proposals under this section.
 
      (2) Where the governing body of a foundation special school propose-
 
 
    (a) to make any prescribed alteration to the school, or
 
    (b) to discontinue the school,
  the governing body shall publish their proposals under this section.
 
      (3) Proposals under this section shall-
 
 
    (a) contain such information, and
 
    (b) be published in such manner,
  as may be prescribed.
 
      (4) Before publishing any proposals under this section, the relevant body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body shall have regard to any guidance given from time to time by the Secretary of State.
 
      (5) Where any proposals published under this section relate to a school or proposed school in England, the relevant body shall send-
 
 
    (a) a copy of the proposals, and
 
    (b) such information in connection with those proposals as may be prescribed,
  to the school organisation committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.
 
      (6) Where any proposals published under this section relate to a school or proposed school in Wales, the relevant body shall send-
 
 
    (a) a copy of the proposals, and
 
    (b) such information in connection with those proposals as may be prescribed,
  to the Secretary of State.
 
      (7) The relevant body shall also send a copy of any proposals to which subsection (5) or (6) applies to such other bodies or persons as may be prescribed.
 
      (8) Schedule 6 has effect (for both England and Wales) in relation to the procedure for dealing with proposals under this section and their implementation.
 
      (9) In this section "the relevant body" means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).
 
Direction requiring discontinuance of community or foundation special school.     31. - (1) The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community special school or foundation special school, give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
 
      (2) A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.
 
      (3) Before giving a direction under subsection (1), the Secretary of State shall consult-
 
 
    (a) the local education authority;
 
    (b) any other local education authority who would in his opinion be affected by the discontinuance of the school;
 
    (c) in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and
 
    (d) such other persons as the Secretary of State considers appropriate.
      (4) On giving a direction under subsection (1) the Secretary of State shall give notice in writing of the direction to the governing body of the school and its head teacher.
 
      (5) Where a local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in section 30 or 32 applies to any such discontinuance of the school under this section.
 
 
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Prepared 4 December 1997