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
Part 2 — Establishment, discontinuance or alteration of schools
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(a)
one providing education suitable only to the requirements of persons
above compulsory school age, or
(b)
one in relation to which proposals fall to be published under section 10
by virtue of subsection (2)(b) or (c) of that section.
(3)
Proposals under this section must—
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(a)
contain such information, and
(b)
be published in such manner,

as may be prescribed.
(4)
Before publishing any proposals under this section, the local education
authority or proposers (as the case may be) must consult such persons as
10
appear to them to be appropriate; and in discharging their duty under this
subsection the authority or proposers must have regard to any guidance given
from time to time by the Secretary of State.
(5)
Where any proposals are published under subsection (2), the proposers must
submit the proposals in accordance with regulations to the local education
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authority who it is proposed should maintain the school.
(6)
Schedule 2 has effect in relation to the consideration, approval and
implementation of proposals under this section.
10
Publication of proposals to establish maintained schools: special cases
(1)
Where a local education authority in England propose to establish—
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(a)
a new maintained nursery school, or
(b)
a new foundation or foundation special school providing education
suitable only to the requirements of persons above compulsory school
age,

the authority must publish their proposals under this section.
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(2)
Where any persons (“proposers”) propose to establish a new foundation,
voluntary or foundation special school in England which—
(a)
is to provide education suitable only to the requirements of persons
above compulsory school age,
(b)
is to replace an independent school that is not an Academy, a city
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technology college or a city college for the technology of the arts, or
(c)
in the case of a new foundation special school, is to replace a non-
maintained special school,

they must publish their proposals under this section.
(3)
A new foundation, voluntary or foundation special school is not to be regarded
35
for the purposes of subsection (2)(b) as replacing an independent school
unless—
(a)
the independent school has been registered under Chapter 1 of Part 10
of EA 2002 (regulation of independent schools) for a continuous period
of at least two years ending with the date of the publication of the
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proposals under this section, and
(b)
it is proposed that the independent school should continue in existence
but should then close as an independent school immediately before the
proposals are implemented.
(4)
A new foundation special school is not to be regarded for the purposes of
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subsection (2)(c) as replacing a non-maintained special school unless—

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(a)
the non-maintained special school has been approved under section
342 of EA 2002 (approval of non-maintained special schools) for a
continuous period of at least two years ending with the date of the
publication of the proposals, and
(b)
it is proposed that the non-maintained special school should continue
5
in existence but should then close as a non-maintained special school
immediately before the proposals are implemented.
(5)
Proposals under this section must—
(a)
contain such information, and
(b)
be published in such manner,
10

as may be prescribed.
(6)
Before publishing any proposals under this section, the authority or proposers
(as the case may be) must consult such persons as appear to them to be
appropriate; and in discharging their duty under this subsection the authority
or proposers must have regard to any guidance given from time to time by the
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Secretary of State.
(7)
Where any proposals are published under subsection (2), the proposers must
submit the proposals in accordance with regulations to the local education
authority who it is proposed should maintain the school.
(8)
Schedule 2 has effect in relation to the consideration, approval and
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implementation of proposals under this section.
(9)
In this section “non-maintained special school” means a school which is
approved by the Secretary of State under section 342 of EA 1996.
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Establishment of school as federated school
(1)
Proposals under—
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(a)
section 7, 9 or 10, or
(b)
section 113A of the Learning and Skills Act 2000 (c. 21),

for the establishment of a new school in England may relate to the
establishment of the school as a federated school.
(2)
In this section “federated school” has the meaning given by section 24(2) of EA
30
2002.
12
Schools established outside area of relevant LEA
Regulations may modify the provisions of sections 7 to 11 and Schedule 2 in
their application to cases where—
(a)
in the case of proposals published under section 7, the school is
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proposed to be established in an area in England other than that of the
local education authority who published the notice under that section,
or
(b)
in the case of proposals published under section 9 or 10, the school is
proposed to be established in an area in England other than that of the
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local education authority who it is proposed should maintain the
school.

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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LEA in England not to establish school in Wales
No proposals may be published under this Part or any other enactment for the
establishment of a school in Wales which is proposed to be maintained by a
local education authority in England.
Discontinuance of schools
5
14
Proposals for discontinuance of schools maintained by local education
authority
(1)
Where a local education authority in England propose to discontinue—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
10
(c)
a maintained nursery school,

the authority must publish their proposals under this section.
(2)
Where the governing body of—
(a)
a foundation or voluntary school in England, or
(b)
a foundation special school in England,
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propose to discontinue the school, the governing body must publish their
proposals under this section.
(3)
Proposals under this section must—
(a)
contain such information, and
(b)
be published in such manner,
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as may be prescribed.
(4)
The matters to which the relevant body must have regard in formulating any
proposals under this section in relation to a rural primary school include—
(a)
the likely effect of the discontinuance of the school on the local
community,
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(b)
the availability, and likely cost to the local education authority, of
transport to other schools,
(c)
any increase in the use of motor vehicles which is likely to result from
the discontinuance of the school, and the likely effects of any such
increase, and
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(d)
any alternatives to the discontinuance of the school;

and in considering these matters the relevant body must have regard to any
guidance given from time to time by the Secretary of State.
(5)
Where any proposals are published under subsection (2), the persons making
the proposals must submit the proposals in accordance with regulations to the
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local education authority.
(6)
Schedule 2 has effect in relation to the consideration, approval and
implementation of proposals published under this section.
(7)
In this section—
(a)
“the relevant body” means the local education authority mentioned in
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subsection (1) or the governing body mentioned in subsection (2) (as
the case may be);
(b)
“rural primary school” means a primary school designated as such for
the purposes of this section by an order made by the Secretary of State.

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(8)
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 a reference to the authority ceasing to maintain the school.
5
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Consultation in relation to proposals under section 14
(1)
Before publishing any proposals under section 14 which relate to a school
which is a rural primary school or a community or foundation special school,
the relevant body must consult—
(a)
the registered parents of registered pupils at the school,
10
(b)
in the case of the rural primary school—
(i)
the local education authority (where they are not the relevant
body),
(ii)
where the local education authority are a county council, any
district council for the area in which the school is situated, and
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(iii)
any parish council for the area in which the school is situated,
(c)
in the case of a community or foundation special school, any local
education authority which maintain a statement under section 324 of
EA 1996 (statement of special educational needs) in respect of a
registered pupil at the school, and
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(d)
such other persons as appear to the relevant body to be appropriate.
(2)
Before publishing any other proposals under section 14, the relevant body
must consult such persons as appear to them to be appropriate.
(3)
In discharging their duty under subsection (1) or (2) the relevant body must
have regard to any guidance given from time to time by the Secretary of State.
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(4)
In this section “the relevant body” and “rural primary school” have the same
meaning as in section 14.
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Direction requiring discontinuance of community or foundation special
school
(1)
The Secretary of State may, if he considers it expedient to do so in the interests
30
of the health, safety or welfare of pupils at a community or foundation special
school in England, 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
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notify any persons or class of persons specified in the direction.
(3)
Before giving a direction under subsection (1), the Secretary of State must
consult—
(a)
the local education authority,
(b)
any other local education authority who would in his opinion be
40
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.

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(4)
On giving a direction under subsection (1), the Secretary of State must 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 must discontinue the school in question on the date specified in the
5
direction; and nothing in section 14 or 26 applies to any such discontinuance of
the school under this section.
Alterations to schools
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Alterations that may be made under section 18
(1)
Regulations may prescribe alterations to maintained schools that may be
10
implemented in pursuance of proposals published under section 18.
(2)
The prescribed alterations must include any alteration that involves one or
more of the following—
(a)
in the case of a school falling within any of the categories set out in
section 20(1) of SSFA 1998, any change in the category within which the
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school falls (other than a change prevented by subsection (4)(c) to (f) of
this section),
(b)
the acquisition by a foundation or foundation special school of a
foundation established otherwise than under SSFA 1998, and
(c)
in the case of a school whose instrument of government does not
20
provide for a majority of the governing body to be foundation
governors, any change in the instrument of government which results
in the majority of governors being foundation governors.
(3)
The prescribed alterations may include other alterations of any nature (other
than those prevented by subsection (4)).
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(4)
None of the following alterations may be made to a maintained school—
(a)
any change in the religious character of the school,
(b)
any change whereby the school would acquire or lose a religious
character,
(c)
any change of category from foundation or voluntary school to
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community school,
(d)
any change of category from foundation special school to community
special school,
(e)
any change of category from mainstream school to community or
foundation special school or from community or foundation special
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school to mainstream school,
(f)
any change from maintained nursery school to any other kind of
maintained school, or from any other kind of maintained school to
maintained nursery school.
(5)
In subsection (4)(e) “mainstream school” means community, foundation or
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voluntary school.
18
Publication of proposals for alteration of school
(1)
Where—

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(a)
the local education authority propose to make a prescribed alteration to
a maintained school, and
(b)
the prescribed alteration is one that under subsection (2) is capable of
being proposed by a local education authority,

the authority must publish their proposals under this section.
5
(2)
A prescribed alteration is capable of being proposed by a local education
authority if—
(a)
in the case of a community school, a community special school or a
maintained nursery school, it is an alteration designated by regulations
as one capable of being proposed by the local education authority, and
10
(b)
in the case of a foundation or voluntary school or a foundation special
school, it consists of any one or more of the following—
(i)
an enlargement of the premises,
(ii)
the establishment or discontinuance of educational provision
for pupils with special educational needs, and
15
(iii)
the establishment of educational provision suitable to the
requirements of pupils over compulsory school age.
(3)
Where—
(a)
the governing body of a maintained school propose to make a
prescribed alteration to the school, and
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(b)
in the case of a community school, a community special school or a
maintained nursery school, the prescribed alteration is designated by
regulations under this subsection as one capable of being proposed by
the governing body,

the governing body must publish their proposals under this section.
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(4)
If at any time the governing body of a voluntary aided school are unable or
unwilling to carry out their obligations under Schedule 3 to SSFA 1998
(funding of foundation, voluntary and foundation special schools), they must
publish proposals under this section for the school to become either a
voluntary controlled school or a foundation school, as the governing body may
30
determine.
(5)
In this section “prescribed alteration”, in relation to a maintained school, means
an alteration prescribed under section 17.
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Proposals under section 18: procedure
(1)
Regulations may make provision about the publication and determination of
35
proposals under section 18 (“proposals”).
(2)
The provision that may be made includes provision—
(a)
about the information to be included in, or provided in relation to, the
proposals;
(b)
about consultation on the proposals;
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(c)
about the manner in which proposals are to be published under section
18;
(d)
for the making of objections to or comments on the proposals;
(e)
requiring the proposals to be considered with related proposals
published under section 18 or any other enactment;
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Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(f)
for the consideration and determination of the proposals by a
prescribed person (who may be the person who published the
proposals);
(g)
for the referral of proposals to the adjudicator in prescribed cases for
consideration and determination by him (instead of by a person
5
prescribed by virtue of paragraph (f));
(h)
for the referral of proposals to the adjudicator, at the request of a
prescribed person, after their initial determination by a person other
than the adjudicator;
(i)
for the approval of proposals with or without modification;
10
(j)
for the making in prescribed cases of a conditional approval;
(k)
for the withdrawal of proposals;
(l)
as to the manner in which, and time within which, anything required
or authorised by the regulations must be done.
(3)
The regulations may confer functions on the local education authority, on any
15
other local education authority affected by the proposals, on the governing
body of the school concerned and on the adjudicator.
(4)
Regulations made by virtue of subsection (2)(g) may enable the Secretary of
State by direction to require proposals to be referred to the adjudicator.
(5)
In relation to any proposals for a school to cease to be an establishment which
20
admits pupils of one sex only, regulations under this section may enable the
local education authority or the adjudicator to make a transitional exemption
order for the purposes of section 27 of the Sex Discrimination Act 1975 (c. 65)
(exception for single-sex establishments turning co-educational), and to vary
or revoke any order so made.
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(6)
The regulations may require any person exercising functions under the
regulations to have regard to any guidance given from time to time by the
Secretary of State.
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Right of governing body to determine own foundation proposals
(1)
Subsection (3) applies to proposals which are published under section 18 by the
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governing body of a community, voluntary controlled or community special
school and relate only to—
(a)
a change of category from community or voluntary controlled school to
foundation school, without the acquisition of a foundation or a relevant
change in the instrument of government, or
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(b)
a change of category from community special school to foundation
special school, without the acquisition of a foundation or a relevant
change in the instrument of government.
(2)
For the purposes of this section a “relevant change” in the instrument of
government of a school is a change which results in the majority of governors
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being foundation governors.
(3)
In relation to proposals to which this subsection applies, regulations under
section 19—
(a)
must provide for the proposals to be determined by the governing
body, and
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(b)
may not make any provision under subsection (2)(g) or (h) of that
section enabling the proposals to be referred to the adjudicator.