Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 2 — Amendments to section 77 of SSFA 1998
168

17
After paragraph 11 insert—
“12   (1)
For the purposes of paragraph 11(1)(a), “proper accounting
practices”, in relation to a governing body, means those
accounting practices—
(a)
which, whether by virtue of any enactment or by reference
5
to any generally recognised published code or otherwise,
are regarded as proper accounting practices to be followed
in the keeping of accounts by the governing body, or
(b)
which, whether by virtue of any enactment or by reference
to any generally recognised published code or otherwise,
10
are regarded as proper accounting practices to be followed
in the keeping of accounts by the local education authority.
      (2)
In the event of conflict between the accounting practices falling
within paragraph (a) of sub-paragraph (1) and those falling within
paragraph (b) of that sub-paragraph, only those falling within
15
paragraph (a) are to be regarded as proper accounting practices.”
Part 2
Amendments to section 77 of SSFA 1998
18    (1)
Section 77 of SSFA 1998 (control of disposals or changes of use of school
playing fields in relation to England) is amended as follows.
20
      (2)
In subsection (1)—
(a)
for “Except” substitute “Subject to subsections (2A) and (2B), except”,
and
(b)
after “a body” insert “or trustees”.
      (3)
For subsection (2) substitute—
25
“(2)
Subsection (1) applies to—
(a)
a local authority;
(b)
the governing body of a maintained school;
(c)
a foundation body;
(d)
the trustees of a foundation, voluntary or foundation special
30
school.”
      (4)
After subsection (2) insert—
“(2A)
Subsection (1) applies in the case of a disposal by the trustees of a
foundation, voluntary or foundation special school, only if the
disposal is of land falling within paragraph A15(1), (2) or (3) of
35
Schedule 22.
(2B)
Subsection (1) does not apply to a disposal in pursuance of a transfer
order under paragraph A26 of that Schedule.”
      (5)
In subsection (3)—
(a)
for “Except” substitute “Subject to subsections (4) and (4A), except”,
40
(b)
for “a local authority” substitute “a body or trustees to whom
subsection (1) applies”, and
(c)
after “falling within subsection (1)” insert “or in pursuance of a
transfer order under paragraph A26 of Schedule 22”.

Education and Inspections Bill
Schedule 5 — Funding of maintained schools
169

      (6)
In subsection (4) omit “by a local authority”.
      (7)
After subsection (4) insert—
“(4A)
Subsection (3) applies in relation to the trustees of a foundation,
voluntary or foundation special school, only if the playing fields in
question are land falling within paragraph A15(1), (2) or (3) of
5
Schedule 22.”
      (8)
In subsection (7), at the appropriate place, insert—
““maintained school” includes a maintained nursery school;”.
Part 3
Consequential amendments
10
19
In section 75(2) of SSFA 1998 (transfer of land by governing body to trustees)
after “Paragraph” insert “A1 or”.
20
In section 79(1)(b) of SSFA 1998 (stamp duty exemption for certain transfers)
after “paragraph” insert “A26,”.
21
In section 138 of SSFA 1998 (orders and regulations), in subsection (2)(b)
15
(orders not made by statutory instrument), for “or 7(3)(c)” substitute “,
7(3)(c) or 8A”.
22
In Schedule 32 to SSFA 1998 (transitional provisions and savings), in
paragraph 4(4)—
(a)
in paragraph (a) for “paragraph 1(1)(d)” substitute “paragraphs
20
A1(1)(f) and 1(1)(d)”,
(b)
in paragraph (b) for “paragraph 2(1)(d)” substitute “paragraphs
A8(1)(e) and 2(1)(d)”, and
(c)
in paragraph (c) for “paragraph 3(1)(e)” substitute “paragraphs
A15(1)(g) and 3(1)(e)”.
25
Schedule 5
Section 44

Funding of maintained schools
1
In section 17(6) of SSFA 1998 (power of LEA to suspend right to delegated
budget), omit the words from “but” onwards.
2     (1)
Section 47A of SSFA 1998 (schools forums) is amended as follows.
30
      (2)
In subsection (3)(b), for the words from “function” to the end substitute
“other function that may be imposed on the schools forum by or under this
Chapter”.
      (3)
Omit subsection (6) (which enables regulations under subsection (5) of that
section to enable the Secretary of State or the Assembly to remove a non-
35
schools member from membership of a schools forum).

Education and Inspections Bill
Schedule 5 — Funding of maintained schools
170

      (4)
For subsection (9) substitute—
“(9)
In this section “relevant authority”, in relation to a schools forum,
means the local education authority by whom the forum is
established.”
3     (1)
Section 48 of SSFA 1998 (local education authorities’ financial schemes) is
5
amended as follows.
      (2)
In subsection (1), for “prepare” substitute “maintain”.
      (3)
In subsection (3), for “prepared” substitute “maintained”.
      (4)
In subsection (4), omit the words from “the approval” to “and for”.
      (5)
In subsection (5), for the words from “the scheme prepared” to the end
10
substitute “the scheme for the time being maintained under this section”.
4
In section 49 of SSFA 1998 (maintained schools to have delegated budgets)
for subsections (2) and (3) substitute—
“(2)
A new school shall have a delegated budget from a date determined
in accordance with regulations.
15
(2A)
Regulations under subsection (2) may—
(a)
enable the date that would otherwise apply by virtue of the
regulations to be varied in accordance with the regulations,
on the application of the local education authority, by the
authority’s schools forum or by the Secretary of State, and
20
(b)
make provision about the respective powers of the schools
forum and the Secretary of State in relation to any application
to vary that date.”
5     (1)
Schedule 14 to SSFA 1998 (approval, imposition and revision of local
education authority schemes) is amended as follows.
25
      (2)
For the heading substitute “REVISION OF LOCAL EDUCATION
AUTHORITY SCHEMES”.
      (3)
For the italic heading immediately before paragraph 1 substitute
“Publication of schemes”.
      (4)
In paragraph 1—
30
(a)
omit sub-paragraphs (1) to (6), and
(b)
for sub-paragraph (7) substitute—
    “(7)
A scheme maintained by a local education authority under
section 48(1) shall be published in such manner as may be
prescribed—
35
(a)
on its coming into force as revised under this
Schedule, and
(b)
on such other occasions as may be prescribed.”
      (5)
For paragraph 2 substitute—
“2A   (1)
A local education authority may, in accordance with this
40
paragraph, revise the whole or part of the scheme maintained by
them under section 48(1).

Education and Inspections Bill
Schedule 6 — Governing bodies consisting of interim executive members
171

      (2)
In revising the scheme, the local education authority shall take
into account any guidance given by the Secretary of State,
whether—
(a)
generally, or
(b)
in relation to that authority or any class or description of
5
local education authorities to which that authority
belongs,

as to the provisions the Secretary of State regards as appropriate
for inclusion in the scheme.
      (3)
As regards any proposed variation of the scheme, the authority—
10
(a)
shall first consult the governing body and head teacher of
every school maintained by the authority (within the
meaning of this Chapter), and
(b)
shall then submit a copy of their proposals to the
authority’s schools forum for their approval.
15
2B    (1)
Regulations may make provision preventing schemes as revised
from coming into force unless they are approved in accordance
with the regulations by the local education authority’s schools
forum or by the Secretary of State.
      (2)
The regulations may in particular—
20
(a)
prescribe circumstances in which proposals which have
been submitted to a local education authority’s schools
forum may be submitted to the Secretary of State,
(b)
enable the schools forum or the Secretary of State to
approve proposals with modifications, and
25
(c)
enable the schools forum or the Secretary of State, in giving
their or his approval, to specify the date on which the
scheme as revised is to come into force.”
6
In Schedule 15 to SSFA 1998 (suspension of financial delegation), the
following provisions (which confer on the governing body a right to appeal
30
to the Secretary of State or the Assembly or relate to that right of appeal) are
omitted—
(a)
paragraph 1(4) and (6),
(b)
paragraph 2(5), and
(c)
paragraph 3.
35
Schedule 6
Section 57

Governing bodies consisting of interim executive members
Interpretation of Schedule
1     (1)
In this Schedule—
“the appropriate authority” means—
40
(a)
where this Schedule applies by virtue of a notice under
section 52(1), the local education authority who gave the
notice, and

Education and Inspections Bill
Schedule 6 — Governing bodies consisting of interim executive members
172

(b)
where this Schedule applies by virtue of a notice under
section 56(1), the Secretary of State;
“existing governors”, in relation to a school in respect of which a notice
under section 52(1) or 56(1) has been given, means the governors
who hold office immediately before the governing body becomes
5
constituted in accordance with this Schedule;
“the interim period”, in relation to a school in respect of which a notice
under section 52(1) or 56(1) has been given, means the period during
which the governing body is constituted in accordance with this
Schedule;
10
“a normally constituted governing body” means a governing body
constituted in accordance with regulations made by virtue of section
19 of EA 2002 (governing bodies).
      (2)
In this Schedule any reference to the discontinuance of a maintained school
is a reference to the local education authority ceasing to maintain it.
15
Governing body to consist of members appointed by appropriate authority
2     (1)
The governing body of the school shall consist of members appointed by the
appropriate authority, instead of being constituted in accordance with
regulations made by virtue of section 19 of EA 2002.
      (2)
In the following provisions of this Schedule—
20
(a)
the governing body as constituted in accordance with this Schedule
is referred to as “the interim executive board”, and
(b)
the members of the governing body as so constituted are referred to
as “interim executive members”.
Effect of notice under section 52(1) or 56(1)
25
3     (1)
On the date specified in the notice under section 52(1) or 56(1), the existing
governors vacate office.
      (2)
Sub-paragraph (1) does not prevent the appointment of an existing governor
as an interim executive member.
      (3)
During the interim period, any reference in any provision contained in, or
30
made under, the Education Acts to a governor or foundation governor of a
school has effect, in relation to the school, as a reference to an interim
executive member.
      (4)
During the interim period, section 83 of SSFA 1998 (modification of
provisions making governors of foundation or voluntary school ex officio
35
trustees) has effect in relation to the school with the substitution for
paragraphs (a) to (c) of a reference to the interim executive members.
Interim executive members
4     (1)
The number of interim executive members must not be less than two.
      (2)
The initial appointment of interim executive members must be made so as to
40
take effect on the date specified in the relevant notice.
      (3)
The appropriate authority may appoint further interim executive members
at any time during the interim period.

Education and Inspections Bill
Schedule 6 — Governing bodies consisting of interim executive members
173

5     (1)
Every appointment of an interim executive member must be made by an
instrument in writing setting out the terms of his appointment.
      (2)
An interim executive member—
(a)
holds office in accordance with the terms of his appointment and
subject to paragraph 18, and
5
(b)
may at any time be removed from office by the appropriate authority
for incapacity or misbehaviour.
      (3)
The terms of appointment of an interim executive member may provide for
his appointment to be terminable by the appropriate authority by notice.
Duty of appropriate authority to inform other persons
10
6     (1)
The appropriate authority must give a copy of the notice under section 52(1)
or 56(1) and of every instrument of appointment of an interim executive
member—
(a)
to every interim executive member,
(b)
to every existing governor of the school,
15
(c)
where the local education authority are the appropriate authority, to
the Secretary of State,
(d)
where the Secretary of State is the appropriate authority, to the local
education authority,
(e)
in the case of a foundation or voluntary school which is a Church of
20
England school or a Roman Catholic Church school, to the
appropriate diocesan authority, and
(f)
in the case of any other foundation or voluntary school, to the person
or persons by whom the foundation governors are appointed.
      (2)
A failure to comply with sub-paragraph (1) does not invalidate the notice or
25
appointment.
Power to specify duration of interim period
7
The appropriate authority may in the notice under section 52(1) or 56(1)
specify the duration of the interim period.
Chairman
30
8
The appropriate authority may nominate one of the interim executive
members to be chairman of the interim executive board.
Remuneration and allowances
9
The appropriate authority may pay to any interim executive member such
remuneration and allowances as the appropriate authority may determine.
35
Duty of interim executive board
10    (1)
During the interim period, the interim executive board shall conduct the
school so as to secure, so far as is practicable to do so, the provision of a
sound basis for future improvement in the conduct of the school.
      (2)
Sub-paragraph (1) is without prejudice to the other duties of the interim
40
executive board as governing body.

Education and Inspections Bill
Schedule 6 — Governing bodies consisting of interim executive members
174

Proceedings of interim executive board
11    (1)
The interim executive board may determine their own procedure.
      (2)
The interim executive board may make such arrangements as they think fit
for the discharge of their functions by any other person.
Effect on suspension of delegated budget
5
12    (1)
If, immediately before the date specified in the notice under section 52(1) or
56(1), the school does not have a delegated budget, the suspension of the
governing body’s right to a delegated budget is by virtue of this sub-
paragraph revoked with effect from that date.
      (2)
If a notice under paragraph 1 of Schedule 15 to SSFA 1998 (suspension of
10
delegated budget for mismanagement etc) has been given to the governing
body before the date specified in a notice under section 52(1) or 56(1) but has
not yet taken effect, the notice under that paragraph ceases to have effect on
that date.
      (3)
During the interim period, the local education authority may not exercise
15
the power conferred by section 53 (power to suspend right to delegated
budget).
      (4)
Sub-paragraph (1) is to be construed in accordance with section 49(7) of
SSFA 1998.
Exclusion of certain statutory provisions
20
13    (1)
Regulations made by virtue of subsection (2) or (3) of section 19 of EA 2002
(governing bodies) shall not apply in relation to the interim executive board.
      (2)
The instrument of government of the school shall not, so far as it relates to
the constitution of the governing body, have effect in relation to the interim
executive board.
25
14
During the interim period—
(a)
the local education authority may not exercise any power conferred
by section 51 (power to appoint additional governors), and
(b)
the Secretary of State may not exercise any power conferred by
section 54 (power to appoint additional governors).
30
Closure of school
15    (1)
At any time during the interim period, the interim executive board may, if
they think fit, make a report to the local education authority and the
Secretary of State recommending that the school be discontinued, and
stating the reasons for that recommendation.
35
      (2)
The interim executive board may not—
(a)
publish under section 14(2) proposals to discontinue the school, or
(b)
serve notice under section 30 of SSFA 1998.
16    (1)
Where during the interim period—
(a)
the Secretary of State gives a direction under section 16(1) or 55(1) in
40
relation to the school, or
(b)
the local education authority determine to discontinue the school,