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CHAPTER VII |
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MISCELLANEOUS AND SUPPLEMENTAL |
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Provision for new schools |
| Provision for new schools. |
68. - (1) Regulations may make provision for-
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(a) the establishment of temporary governing bodies for new schools; |
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(b) the transition from a temporary governing body to a governing body constituted under an instrument of government; |
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(c) the conduct and staffing of a new school; |
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(d) such other matters relating to new schools as the Secretary of State considers appropriate. |
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(2) In this section "new school" means a school for the establishment of which proposals have been approved, otherwise determined or adopted under Schedule 6 or 7.
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Transfer of staff and land |
| Transfer of staff on appointed day. |
69. - (1) Subsections (5) to (7) below ("the staff transfer provisions") apply where on the appointed day-
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(a) a special agreement school becomes a voluntary aided school, or |
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(b) a grant-maintained school becomes a community or voluntary controlled school, or |
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(c) a grant-maintained special school becomes a community special school, |
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in accordance with Schedule 2.
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(2) Subject to subsection (3), the staff transfer provisions apply in the circumstances mentioned in subsection (1) to any person who immediately before the appointed day-
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(a) is employed by the local education authority to work solely at an existing school within subsection (1)(a), or |
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(b) is employed by the local education authority to work at such an existing school and is designated for the purposes of this subsection by an order made by the Secretary of State, or |
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(c) is employed by the governing body of an existing school within subsection (1)(b) or (c). |
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(3) The staff transfer provisions do not apply-
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(a) to any person employed as mentioned in subsection (2) whose contract of employment terminates on the day immediately preceding the appointed day; or |
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(b) to any person employed as mentioned in subsection (2)(a) or (b) who before that day- |
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(i) has been appointed or assigned by the local education authority to work solely at another school as from that day, or
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(ii) has been withdrawn from work at the school with effect from that day.
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(4) A person who before the appointed day has been appointed or assigned by-
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(a) the local education authority, or |
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(b) the governing body of an existing school within subsection (1)(b) or (c), |
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to work at a school, or (as the case may be) at the existing school, as from that day shall be treated for the purposes of this section as if he had been employed by the authority or governing body immediately before that day to do such work at the school as he would have been required to do on or after that day under his contract of employment with the authority or that body.
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(5) The contract of employment between a person to whom the staff transfer provisions apply and his former employer shall have effect from the appointed day as if originally made between him and his new employer.
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(6) Without prejudice to subsection (5)-
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(a) all the former employer's rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred to the new employer on the appointed day, and |
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(b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the new employer. |
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(7) Subsections (5) and (6) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.
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(8) In this section-
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"existing school" means a school which becomes a school of a different category on the appointed day as mentioned in subsection (1), and "new school" means the school of a different category which an existing school then becomes; |
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"the former employer" and "the new employer"- |
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(a) where the staff transfer provisions apply by virtue of subsection (2)(a) or (b), means the local education authority and the governing body of the new school respectively, and
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(b) where the staff transfer provisions apply by virtue of subsection (2)(c), means the governing body of the existing school and the local education authority respectively;
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and references to a special agreement, grant-maintained or grant-maintained special school are references to such a school within the meaning of the Education Act 1996. |
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(9) A person employed by a local education authority in connection with the provision of meals shall not be regarded for the purposes of subsection (2)(a) as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school.
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(10) An order under this section may designate a person either individually or as a member of a class or description of employees.
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| Transfer of land on appointed day. |
70. Schedule 21 (which makes provision for transfers of land on the appointed day in respect of schools which become community, foundation, voluntary or community special schools on that day) shall have effect.
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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.
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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-
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(a) part-time education suitable to the requirements of persons of any age over compulsory school age; or |
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(b) full-time education suitable to the requirements of persons who have attained the age of 19; |
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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.
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(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.
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(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 115(4) of this Act) applies.
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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-
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(a) conferring powers or imposing duties on employers, |
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(b) conferring rights on employees, or |
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(c) otherwise regulating the relations between employers and employees, |
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as he considers necessary or expedient in consequence of the operation of sections 52 and 55(1) to (3), Schedule 16 and paragraph 26 of Schedule 17.
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(2) Before making any order under this section the Secretary of State shall consult-
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(a) such associations of local authorities, |
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(b) such bodies representing the interests of governors of foundation or voluntary schools, and |
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(c) such organisations representing staff in maintained schools, |
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as appear to him to be concerned.
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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-
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(a) a school which is or is to become a foundation, voluntary or foundation special school, or |
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(b) property held on trust for the purposes of such a school, |
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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.
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(2) Before making an order under this section the Secretary of State shall consult-
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(a) the governing body of the school in question; |
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(b) any trustees holding property on trust for the purposes of the school; |
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(c) in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority; and |
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(d) such other persons as he considers appropriate. |
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(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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| Modification of provisions making governors of foundation or voluntary school ex officio trustees. |
75. - (1) Where any provision of a trust deed or other instrument made before 1st July 1981 would, apart from this subsection, have the effect that the persons who are for the time being governors of a foundation or voluntary school were by virtue of their office trustees of any property held for the purposes of, or in connection with, the school, that provision shall instead have effect as if the only governors of the school were the foundation governors and those appointed by the local education authority.
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(2) Subsection (1) is without prejudice to any power to amend any such provision as is mentioned in that subsection.
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