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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

126

 

(b)   

proposals published under section 7, 9 or 10 and not yet determined,

or

(c)   

proposals published under Schedule 7 to the Learning and Skills Act

2000 (c. 21) and not yet determined.

      (5)  

In deciding for the purposes of this paragraph whether proposals are related

5

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

within the period mentioned in sub-paragraph (2), or

10

(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, in a case falling

within paragraph (a), must be referred to the adjudicator.

Provision of information

15

20         

Regulations may require one or more of the following—

(a)   

the proposers (if any),

(b)   

the relevant authority, and

(c)   

the adjudicator,

           

to provide such information relating to the proposals to such persons, and at

20

such times, as may be prescribed.

Part 3

Implementation of proposals

Requirement to implement proposals

21    (1)  

Where—

25

(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

must be implemented, in the form in which they were so approved or

30

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—

(a)   

modify the proposals after consulting such persons as may be

35

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

are satisfied—

40

(a)   

that implementation of the proposals would be unreasonably

difficult, or

 

 

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

127

 

(b)   

that circumstances have so altered since approval was given under

paragraph 8 that implementation of the proposals would be

inappropriate,

           

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

the proposals.

5

      (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

10

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.

15

      (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

20

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.

25

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—

30

(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)),

35

           

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

40

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).

 

 

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

128

 

Proposals relating to community schools, community special schools or maintained nursery

schools

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.

5

      (2)  

The proposals must be implemented by the relevant authority.

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.

10

      (2)  

Proposals made by the relevant authority must be implemented by the

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,

15

to such extent as the proposals provide for each of them to do so.

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.

20

      (2)  

The proposals must be implemented—

(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

25

(c)   

otherwise by the proposers or, in the case of proposals made by the

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

30

(b)   

in any other case, playing fields.

      (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

35

to be discontinued on or before the date of implementation of the

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

40

voluntary school), and

(ii)   

(if it was a foundation or voluntary school) were not

provided 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

129

 

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

foundation special school.

      (2)  

Where the proposals were made by the relevant authority, they must be

5

implemented by the authority.

      (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.

10

Proposals relating to Academy

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.

15

Part 4

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

20

28    (1)  

This paragraph applies where a local education authority are required—

(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.

25

      (2)  

The authority must transfer their interest in the site and in any buildings on

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

30

the absence of such a body) to the governing body, to be held by that

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.

35

      (4)  

The authority must pay to the persons to whom the transfer is made their

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

40

entitled to, any sum representing proceeds of the sale of other

premises which have been used for the purposes of the school,

 

 

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

130

 

           

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

them and the authority or, in default of agreement, by the adjudicator.

5

      (6)  

In sub-paragraph (5)(b) the reference to proceeds of the sale of other

premises includes a reference to—

(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;

10

           

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

of State.

      (7)  

In sub-paragraph (5)(b), the reference to proceeds of sale of other premises

does not include the proceeds of a disposal of land to which paragraph A2,

15

A9 or A16 of Schedule 22 to SSFA 1998 applies.

      (8)  

Any sum paid under sub-paragraph (5) is to be treated for the purposes of

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.

20

      (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

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

25

(b)   

he is satisfied that steps have been taken to protect the interests of the

beneficiaries under the trust.

     (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

30

of paragraphs 1 to 3 of Schedule 22 to SSFA 1998 to that sum.

     (11)  

In this paragraph—

“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

35

body acts, and

(b)   

in relation to a transfer to a school’s governing body, the

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.

40

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

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

45

as it applies in relation to an existing voluntary aided school.

 

 

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

131

 

      (3)  

In the application of that paragraph in relation to a new voluntary aided

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;

5

(b)   

references to capital expenditure are to be read as if references in

paragraphs 9A and 9B of Schedule 3 to SSFA 1998 to the promoters

were references to the proposers;

(c)   

where requirements are imposed in relation to grant paid by virtue

of this paragraph to the proposers, the requirements must be

10

complied with by the governing body, when they are constituted, as

well as by the proposers.

Assistance for proposers of proposed voluntary aided school

30         

A local education authority may give to persons required by virtue of

paragraph 25(2) to implement proposals involving the establishment of a

15

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.

Duty to transfer interest in premises provided under paragraph 30

31    (1)  

Where assistance under paragraph 30 consists of the provision of any

20

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

school, or

(b)   

if the school has no trustees, to the school’s foundation body, to be

25

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

adjudicator thinks proper.

      (3)  

The authority must pay to the persons to whom the transfer is made their

30

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

group for which that body acts.

Schedule 3

35

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

to sections 173 to 176), omit subsection (1A)(b) (which relates to school

organisation committees).

40

 

 

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

132

 

Local Government Act 1974 (c. 7)

2          

In section 25 of the Local Government Act 1974 (authorities subject to

investigation), in subsection (5)—

(a)   

omit paragraph (a) (which relates to school organisation

committees), and

5

(b)   

in paragraph (c), for “that Act” substitute “the School Standards and

Framework Act 1998”.

Sex Discrimination Act 1975 (c. 65)

3          

In section 27 of the Sex Discrimination Act 1975 (exception for single-sex

establishments turning co-educational) for subsection (1A) substitute—

10

“(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

relates to the alteration of maintained schools in England), or

15

(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

Wales).”

20

Diocesan Boards of Education Measure 1991 (No. 2)

4          

In section 3 of the Diocesan Boards of Education Measure 1991 (transactions

for which advice or consent of Board is required) in subsection (1)—

(a)   

for paragraphs (a) and (b) substitute—

“(a)   

publishing proposals for any prescribed alteration to

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the school—

(i)   

in the case of a school in England, under

section 18(3) of the Education and Inspections

Act 2006 (“the 2006 Act”), or

(ii)   

in the case of a school in Wales, under section

30

28(2)(b) of the School Standards and

Framework Act 1998 (“the 1998 Act”);

(b)   

publishing proposals for the discontinuance of the

school—

(i)   

in the case of a school in England, under

35

section 14(2) of the 2006 Act, or

(ii)   

in the case of a school in Wales, under section

29(2) of the 1998 Act;”,

(b)   

in paragraphs (c) and (cc) for “that Act” substitute “the 1998 Act”,

and

40

(c)   

for paragraph (d) substitute—

“(d)   

in the case of a school in Wales, publishing proposals

for changing the category of the school under

paragraph 2 or 3 of Schedule 8 to the 1998 Act; or”.

 

 

 
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