Education and Inspections Bill

House of Commons

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 3 — Implementation of proposals
119

      (5)
In deciding for the purposes of this paragraph whether proposals are related
to other proposals, the relevant authority must have regard to any guidance
given from time to time by the Secretary of State.
      (6)
Where, in the case of any proposals falling within sub-paragraph (1)—
(a)
the authority fail to make a determination under that sub-paragraph
5
within the period mentioned in sub-paragraph (2), or
(b)
the requirement to make such a determination does not apply by
virtue of sub-paragraph (3) or (4),

the proposals require consideration under paragraph 8 and must be referred
to the adjudicator.
10
Provision of information
20
Regulations may require one or more of the following—
(a)
the proposers (if any),
(b)
the relevant authority, and
(c)
the adjudicator,
15

to provide such information relating to the proposals to such persons, and at
such times, as may be prescribed.
Part 3
Implementation of proposals
Requirement to implement proposals
20
21    (1)
Where—
(a)
any proposals have been approved under paragraph 8, or
(b)
the relevant authority have determined under paragraph 19 to
implement any proposals,

then (subject to the following provisions of this paragraph) the proposals
25
must be implemented, in the form in which they were so approved or
determined, in accordance with this Part of this Schedule.
      (2)
The relevant authority may, at the request of the proposers who made the
proposals referred to in sub-paragraph (1), or, where the proposals were
made by the authority themselves, on their own initiative—
30
(a)
modify the proposals after consulting such persons as may be
prescribed, and
(b)
where any approval was given in accordance with paragraph 8(5),
specify a later date by which the event in question must occur.
      (3)
If, after consulting such persons as may be prescribed, the relevant authority
35
are satisfied—
(a)
that implementation of the proposals would be unreasonably
difficult, or
(b)
that circumstances have so altered since approval was given under
paragraph 8 that implementation of the proposals would be
40
inappropriate,

the authority may determine that sub-paragraph (1) is to cease to apply to
the proposals.

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 3 — Implementation of proposals
120

      (4)
The relevant authority may only make a determination under sub-
paragraph (3) where proposals that they should do so have been published,
in accordance with regulations, by the authority or proposers who made the
proposals referred to in sub-paragraph (1); and regulations may provide for
any of the provisions of sections 7 to 11 and Parts 1 and 2 of this Schedule to
5
have effect in relation to any such further proposals with or without
modifications.
      (5)
The relevant authority must in prescribed cases refer to the adjudicator by a
prescribed time any matter which would otherwise fall to be determined by
the authority under this paragraph.
10
      (6)
If by the end of such period as may be prescribed the relevant authority have
failed to take any step required by this paragraph, the authority must refer
the matter to the adjudicator by the prescribed time.
      (7)
Where any matter is referred to the adjudicator under this paragraph—
(a)
the relevant authority may refer to the adjudicator with the matter
15
their comments on it,
(b)
the adjudicator must consider the matter afresh, and
(c)
such of the provisions of sub-paragraphs (2) to (4) above as are
relevant shall apply to him in connection with his decision on that
matter as they apply to the authority.
20
Proposals not falling to be implemented
22    (1)
Where, by virtue of paragraph 21(3), paragraph 21(1) ceases to apply to any
proposals, those proposals are to be treated for the purposes of this Schedule
as if they had been rejected under paragraph 8.
      (2)
Where—
25
(a)
any approval under paragraph 8 was given in accordance with
paragraph 8(5), and
(b)
the event specified under paragraph 8(5) does not occur by the date
in question (whether as specified under that provision or as specified
under paragraph 21(2)(b)),
30

paragraph 21(1) ceases to apply to the proposals.
      (3)
Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to
any proposals approved by the relevant authority under paragraph 8, those
proposals must be considered afresh by the authority under that paragraph.
      (4)
Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to
35
any proposals approved by the adjudicator under paragraph 8, those
proposals must be considered afresh by him under that paragraph (and
paragraph 17 applies accordingly).
Proposals relating to community schools, community special schools or maintained nursery
schools
40
23    (1)
This paragraph applies to proposals which fall to be implemented under
paragraph 21 and relate to a community school, a community special school
or a maintained nursery school or to a proposed such school.
      (2)
The proposals must be implemented by the relevant authority.

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 3 — Implementation of proposals
121

Proposals relating to foundation or voluntary controlled schools
24    (1)
This paragraph applies to proposals which fall to be implemented under
paragraph 21 and relate to a foundation or voluntary controlled school or a
proposed such school.
      (2)
Proposals made by the relevant authority must be implemented by the
5
authority.
      (3)
Proposals made by proposers (including, in particular, such proposals so far
as relating to the provision of the site for a proposed school) must be
implemented by the relevant authority and by the proposers, respectively,
to such extent as the proposals provide for each of them to do so.
10
Proposals relating to voluntary aided school
25    (1)
This paragraph applies to proposals which fall to be implemented under
paragraph 21 and relate to a voluntary aided school or a proposed voluntary
aided school.
      (2)
The proposals must be implemented—
15
(a)
so far as relating to the provision of any relevant premises for a
proposed school, by the relevant authority,
(b)
in the case of proposals made by proposers, by the proposers and the
relevant authority, and
(c)
otherwise by the proposers or, in the case of proposals made by the
20
relevant authority, by the relevant authority.
      (3)
In sub-paragraph (2) “relevant premises” means—
(a)
in the case of proposals published under section 7, the site specified
in the notice under that section or playing fields, and
(b)
in any other case, playing fields.
25
      (4)
Nothing in sub-paragraph (2) requires a local education authority to provide
any playing fields where—
(a)
a new voluntary aided school is to be established in place of one or
more existing independent, foundation or voluntary schools falling
to be discontinued on or before the date of implementation of the
30
proposals, and
(b)
those playing fields—
(i)
were part of the premises of any of the existing schools
(whether it was an independent school or a foundation or
voluntary school), and
35
(ii)
(if it was a foundation or voluntary school) were not
provided by the authority.
Proposals relating to foundation special schools
26    (1)
This paragraph applies to proposals which fall to be implemented under
paragraph 21 and relate to a foundation special school or a proposed
40
foundation special school.
      (2)
Where the proposals were made by the relevant authority, they must be
implemented by the authority.

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 4 — Provision of premises and other assistance in connection with establishment of new school
122

      (3)
Proposals made by proposers (including, in particular, proposals so far as
relating to the provision of the site for a proposed school) must be
implemented by the relevant authority and by the proposers, respectively,
to such extent as the proposals provide for each of them to do so.
Proposals relating to Academy
5
27
Where proposals published under section 7 to establish an Academy are
implemented by the Secretary of State making an agreement under section
482 of EA 1996, subsection (3) of that section (requirement to consult certain
LEAs about the establishment of the school) does not apply.
Part 4
10
Provision of premises and other assistance in connection with establishment
of new school
Provision of site and buildings for proposed foundation, voluntary controlled or foundation
special school
28    (1)
This paragraph applies where a local education authority are required—
15
(a)
by virtue of paragraph 24(2) or (3) to provide a site for a proposed
foundation or voluntary controlled school, or
(b)
by virtue of paragraph 26(2) or (3) to provide a site for a proposed
foundation special school.
      (2)
The authority must transfer their interest in the site and in any buildings on
20
the site which are to form part of the school’s premises—
(a)
to the school’s trustees, to be held by them on trust for the purposes
of the school, or
(b)
if the school has no trustees, to the school’s foundation body or (in
the absence of such a body) to the governing body, to be held by that
25
body for the relevant purposes.
      (3)
If any doubt or dispute arises as to the persons to whom the authority are
required to make the transfer, it must be made to such persons as the
adjudicator thinks proper.
      (4)
The authority must pay to the persons to whom the transfer is made their
30
reasonable costs in connection with the transfer.
      (5)
Where—
(a)
a transfer is made under this paragraph, and
(b)
the transfer is made to persons who possess, or are or may become
entitled to, any sum representing proceeds of the sale of other
35
premises which have been used for the purposes of the school,

those persons must notify the local education authority that paragraph (b)
applies to them; and they or their successors must pay to the local education
authority so much of that sum as, having regard to the value of the interest
transferred, may be determined to be just, either by agreement between
40
them and the authority or, in default of agreement, by the adjudicator.
      (6)
In sub-paragraph (5)(b) the reference to proceeds of the sale of other
premises includes a reference to—

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 4 — Provision of premises and other assistance in connection with establishment of new school
123

(a)
consideration for the creation or disposition of any kind of interest in
other premises, including rent, and
(b)
interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (5)
regard must be had to any guidance given from time to time by the Secretary
5
of State.
      (7)
In sub-paragraph (5)(b), the reference to proceeds of sale of other premises
does not include the proceeds of disposal of land to which paragraph A2, A9
or A16 of Schedule 22 of SSFA 1998 applies.
      (8)
Any sum paid under sub-paragraph (5) is to be treated for the purposes of
10
section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange
of land held on trust for the purposes of a school) as a sum applied in the
purchase of a site for the school.
      (9)
A determination may be made under sub-paragraph (5) in respect of any
property subject to a trust which has arisen under section 1 of the Reverter
15
of Sites Act 1987 (c. 15) (right of reverter replaced by trust for sale) if, and
only if—
(a)
the determination is made by the adjudicator, and
(b)
he is satisfied that steps have been taken to protect the interests of the
beneficiaries under the trust.
20
     (10)
Sub-paragraph (5) is to apply for the purpose of compensating the authority
notified under that sub-paragraph only in relation to such part of the sum
mentioned in sub-paragraph (5)(b) (if any) as remains after the application
of paragraphs 1 to 3 of Schedule 22 to SSFA 1998 to that sum.
     (11)
In this paragraph—
25
“the relevant purposes” means—
(a)
in relation to a transfer to a school’s foundation body, the
purposes of the schools comprising the group for which that
body acts, and
(b)
in relation to a transfer to a school’s governing body, the
30
purposes of the school;
“site” does not include playing fields but otherwise includes any site
which is to form part of the premises of the school in question.
Grants in respect of certain expenditure relating to proposed voluntary aided school
29    (1)
This paragraph applies where any proposers are required by virtue of
35
paragraph 25(2) to implement proposals involving the establishment of a
new voluntary aided school.
      (2)
Paragraph 5 of Schedule 3 to SSFA 1998 applies in relation to the new school
as it applies in relation to an existing voluntary aided school.
      (3)
In the application of that paragraph in relation to a new voluntary aided
40
school—
(a)
the references to the governing body, in relation to any time before
the governing body are constituted, are to be read as references to the
proposers;
(b)
references to capital expenditure are to be read as if references in
45
paragraphs 9A and 9B of Schedule 3 to SSFA 1998 to the promoters
were references to the proposers;

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
124

(c)
where requirements are imposed in relation to grant paid by virtue
of this paragraph to the proposers, the requirements must be
complied with by the governing body, when they are constituted, as
well as by the proposers.
Assistance for proposers of proposed voluntary aided school
5
30
A local education authority may give to persons required by virtue of
paragraph 25(2) to implement proposals involving the establishment of a
voluntary aided school such assistance as the authority think fit in relation
to the carrying out by those persons of any obligation arising by virtue of
that provision.
10
Duty to transfer interest in premises provided under paragraph 30
31    (1)
Where assistance under paragraph 30 consists of the provision of any
premises for use for the purposes of a school, the local education authority
must transfer their interest in the premises—
(a)
to the trustees of the school to be held on trust for the purposes of the
15
school, or
(b)
if the school has no trustees, to the school’s foundation body, to be
held by that body for the relevant purposes.
      (2)
If any doubt or dispute arises as to the persons to whom the authority are
required to make the transfer it must be made to such persons as the
20
adjudicator thinks proper.
      (3)
The authority must pay to the persons to whom the transfer is made their
reasonable costs in connection with the transfer.
      (4)
In this paragraph “the relevant purposes” means, in relating to a transfer to
a school’s foundation body, the purposes of the schools comprising the
25
group for which that body acts.
Schedule 3
Section 28

Amendments relating to school organisation
Local Government Act 1972 (c. 70)
1
In section 177 of the Local Government Act 1972 (provisions supplementary
30
to sections 173 to 176), omit subsection (1A)(b) (which relates to school
organisation committees).
Local Government Act 1974 (c. 7)
2
In section 25 of the Local Government Act 1974 (authorities subject to
investigation), omit subsection (5)(a) (which relates to school organisation
35
committees).
Sex Discrimination Act 1975 (c. 65)
3
In section 27 of the Sex Discrimination Act 1975 (exception for single-sex

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
125

establishments turning co-educational) for subsection (1A) substitute—
“(1A)
Without prejudice to subsection (1), a transitional exemption order
may be made—
(a)
in accordance with regulations made by virtue of section
19(5) of the Education and Inspections Act 2006 (which
5
relates to the alteration of maintained schools in England), or
(b)
in accordance with paragraph 21 or 22 of Schedule 6 or
paragraph 16 or 17 of Schedule 7 to the School Standards and
Framework Act 1998 (which relate to the alteration of
maintained schools and the rationalisation of school places in
10
Wales).”
Further and Higher Education Act 1992 (c. 13)
4     (1)
Section 58 of the Further and Higher Education Act 1992 (reorganisation of
schools involving establishment of further education corporation) is
amended as follows.
15
      (2)
In subsection (3), for paragraph (b) substitute—
“(b)
a prescribed alteration within the meaning of the relevant
school organisation provision has been made to the school,”.
      (3)
After that subsection insert—
“(4)
In subsection (3)(b) “the relevant school organisation provision”
20
means—
(a)
in relation to England, section 17 of the Education and
Inspections Act 2006, and
(b)
in relation to Wales, section 28 of the School Standards and
Framework Act 1998.”
25
Education Act 1996 (c. 56)
5     (1)
Section 5 of EA 1996 (primary schools, secondary schools and middle
schools) is amended as follows.
      (2)
For subsection (3) substitute—
“(3)
In this Act “middle school” means a school which, in pursuance of
30
proposals published under any of the enactments specified in
subsection (3A), has been established as, or altered so as to become,
a school for providing full-time education suitable to the
requirements of pupils who—
(a)
have attained a specified age below 10 years and six months,
35
and
(b)
are under a specified age above 12 years.
(3A)
The enactments mentioned in subsection (3) are—
(a)
in relation to England—
(i)
section 28 or 28A of, or paragraph 5 of Schedule 7 to,
40
the School Standards and Framework Act 1998,
(ii)
section 66 of, or paragraph 7 of Schedule 11 to, the
Education Act 2005, and
(iii)
section 7, 9 or 18 of the Education and Inspections Act
2006;
45