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

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Disposals of land
Foundation, voluntary and foundation special schools: disposal of land and discontinuance.     71. Schedule 22 (which makes provision as to the disposal of land held for the purposes of foundation, voluntary or foundation special schools and as to the property of such schools on their discontinuance) shall have effect.
 
 
Further education
Provision of further education.     72. - (1) The governing body of any maintained school shall be responsible for determining whether or not to provide-
 
 
    (a) part-time education suitable to the requirements of persons of any age over compulsory school age; or
 
    (b) full-time education suitable to the requirements of persons who have attained the age of 19;
  but the governing body of a community or foundation special school shall not determine to provide, or to cease to provide, such education without the consent of the local education authority.
 
      (2) It shall be the duty of the governing body of any such school which provides such education to secure that, except in such circumstances as may be prescribed, such education is not provided at any time in a room where pupils are at that time being taught.
 
      (3) This section shall not apply to part-time education provided under a partnership arrangement to which section 60A of the Further and Higher Education Act 1992 (as inserted by section 112(4) of this Act) applies.
 
 
Modification of employment law
Application of employment law during financial delegation.     73. - (1) The Secretary of State may by order make such modifications in any enactment relating to employment, and in particular in any enactment-
 
 
    (a) conferring powers or imposing duties on employers,
 
    (b) conferring rights on employees, or
 
    (c) otherwise regulating the relations between employers and employees,
  as he considers necessary or expedient in consequence of the operation of sections 52 and 55(1) to (3), Schedule 16 and paragraph 24 of Schedule 17.
 
      (2) Before making any order under this section the Secretary of State shall consult-
 
 
    (a) such associations of local authorities,
 
    (b) such bodies representing the interests of governors of foundation or voluntary schools, and
 
    (c) such organisations representing staff in maintained schools,
  as appear to him to be concerned.
 
 
Supplementary provisions
Modification of trust deeds.     74. - (1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to-
 
 
    (a) a school which is or is to become a foundation, voluntary or foundation special school, or
 
    (b) property held on trust for the purposes of such a school,
  as appear to him to be necessary or expedient in connection with the operation of any provision of this Act or anything done under or for the purposes of any such provision.
 
      (2) Before making an order under this section the Secretary of State shall consult-
 
 
    (a) the governing body of the school in question;
 
    (b) any trustees holding property on trust for the purposes of the school; and
 
    (c) such other persons as he considers appropriate.
      (3) Any modification made by an order under this section may be made so as to have permanent effect or to have effect for such period as is specified in the order.
 
 
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Prepared 4 December 1997