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Education and Inspections Bill


Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools

20

 

General

26      

Restriction on establishment, alteration or discontinuance of schools

(1)   

Except in pursuance of proposals falling to be implemented under this Part or

Schedule 7 or 7A to the Learning and Skills Act 2000 (c. 21)—

(a)   

no maintained school may be established or discontinued;

5

(b)   

no prescribed alteration may be made to a maintained school.

(2)   

In subsection (1)(b) “prescribed alteration”, in relation to a maintained school,

means an alteration prescribed under section 17.

(3)   

Subsection (1) has effect subject to—

(a)   

sections 16(5) and 60(4) (which relate to powers of the Secretary of State

10

to require a maintained school to be discontinued), and

(b)   

section 30(9) of SSFA 1998 (notice by governing body to discontinue

foundation or voluntary school).

(4)   

Except in pursuance of proposals falling to be implemented under section 25,

no alteration falling within section 23(2)(a) or (b) may be made to a foundation

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or foundation special school.

27      

Abolition of school organisation committees

Section 24 of, and Schedule 4 to, SSFA 1998 (which require local education

authorities in England to establish a school organisation committee for their

area) cease to have effect.

20

28      

Amendments relating to school organisation

Schedule 3 contains amendments relating to school organisation.

29      

Transitional provisions

(1)   

The Secretary of State may by regulations make such transitional provision as

he considers appropriate in connection with the commencement of this Part.

25

(2)   

Regulations under this section may, in particular, make provision with respect

to—

(a)   

the determination or implementation of proposals made under the

previous enactments,

(b)   

references made to school organisation committees or adjudicators

30

under the previous enactments.

(3)   

This section does not limit the powers conferred by section 166.

(4)   

In this section “the previous enactments” means—

(a)   

sections 28, 28A, 29, 31 and 35 of, and Schedules 6 and 8 to, SSFA 1998

(establishment, alteration, discontinuance or change of category of

35

schools) so far as applying to England, and

(b)   

sections 66 and 67 of, and Schedules 10 and 11 to, EA 2005.

30      

Interpretation of Part

(1)   

In this Part, except where the contrary intention appears—

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

21

 

“adjudicator” is to be read in accordance with section 25(3) of SSFA 1998;

“discontinue”, in relation to a maintained school, is to be read in

accordance with section 14(8);

“foundation”, in relation to a foundation or voluntary school, has (subject

to sections 23(5) and 25(7)) the meaning given by section 21(3) of SSFA

5

1998;

“local education authority”, in relation to a school maintained (or

proposed to be maintained) by a local education authority, means that

authority;

“maintain”, in relation to a maintained school, has the same meaning as in

10

SSFA 1998;

“maintained school” means any of the following schools in England—

(a)   

a community, foundation or voluntary school,

(b)   

a community or foundation special school, or

(c)   

a maintained nursery school;

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“prescribed” means prescribed by regulations;

“regulations” means regulations made under this Part by the Secretary of

State.

(2)   

For the purposes of this Part, a foundation or voluntary school has a religious

character if it is designated by order under section 69(3) of SSFA 1998 as a

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school having such a character.

Part 3

Further provisions about maintained schools

Foundation, voluntary and foundation special schools

31      

Requirements as to foundations

25

(1)   

After section 23 of SSFA 1998 insert—

“23A    

Foundation and foundation special schools: requirements as to

foundations

(1)   

This section applies to—

(a)   

any foundation or foundation special school in England which,

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after the commencement of this section, is established with a

foundation or altered so as to acquire a foundation, and

(b)   

any foundation or foundation special school in England which

does not fall within paragraph (a) but whose instrument of

government provides for the majority of governors to be

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foundation governors.

(2)   

No institution may act as the foundation of a school to which this

section applies unless—

(a)   

it is a body corporate of a prescribed description, and

(b)   

it is a charity (whether by virtue of section 23(3) or otherwise).

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(3)   

Where any members of the foundation are to be local authorities or

persons appointed by local authorities, the proportion of voting rights

exercisable by such members must not exceed 20 per cent. of the total

voting rights exercisable by members.

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

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(4)   

Where any of the charity trustees in relation to the foundation are to be

appointed by local authorities—

(a)   

the proportion of the charity trustees who are appointed by

local authorities must not exceed 20 per cent. of the total

number of charity trustees, and

5

(b)   

the voting rights exercisable by the charity trustees who are

appointed by local authorities must not exceed 20 per cent. of

the total voting rights exercisable by charity trustees.

(5)   

Regulations may prescribe other requirements to be met in relation to

the foundations of schools to which this section applies.

10

(6)   

Those requirements may include requirements as to—

(a)   

the objects or purposes of the foundation, and

(b)   

persons who are to be disqualified from acting as charity

trustee.

(7)   

In this section and section 23B—

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“charity” has the same meaning as in the Charities Act 1993;

“charity trustee”, in relation to a school to which this section

applies, means any individual who is for the purposes of the

Charities Act 1993 a charity trustee in relation to the school’s

foundation;

20

“foundation” means a foundation established otherwise than

under this Act;

“institution” has the same meaning as in the Charities Act 1993.

23B     

Powers of Secretary of State in relation to charity trustees of

foundations.

25

(1)   

Regulations may make provision enabling the Secretary of State in

prescribed cases by direction—

(a)   

to remove any charity trustee of a school to which section 23A

applies, even though the person is not disqualified by virtue of

subsection (6)(b) of that section;

30

(b)   

to appoint a person to be a charity trustee of such a school

(whether in place of a trustee removed by him under paragraph

(a) or otherwise).

(2)   

Regulations under subsection (1) may make provision as to the effect of

a direction given by the Secretary of State under the regulations, and

35

may in particular provide for any such direction to have the same effect

as an order of the Charity Commission for England and Wales under

section 18 of the Charities Act 1993 for the removal or appointment of

a charity trustee.

(3)   

Nothing in this section affects the powers of the Charity Commission

40

for England and Wales under any enactment.”

(2)   

In relation to any time before the commencement of section 1A(1) of the

Charities Act 1993 (c. 10) (which provides for the establishment of the Charity

Commission for England and Wales as a body corporate), any reference in

section 23B of SSFA 1998 (as inserted by subsection (1) of this section) to the

45

Charity Commission for England and Wales is to be read as a reference to the

Charity Commissioners for England and Wales.

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

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32      

Parent councils for certain foundation or foundation special schools

After section 23 of EA 2002 insert—

“23A    

Parent councils

(1)   

A school is for the purposes of this section a “qualifying school” if—

(a)   

it is a foundation or foundation special school in England,

5

(b)   

it has a foundation established otherwise than under the School

Standards and Framework Act 1998, and

(c)   

the instrument of government for the school provides that the

majority of governors are to be foundation governors.

(2)   

The governing body of any qualifying school must establish in

10

accordance with regulations a body (to be known as a parent council)

whose members are parents of registered pupils at the school.

(3)   

The purpose of a parent council is to advise the governing body on

matters relating to the conduct of the school and the exercise by the

governing body of their powers under section 27.

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(4)   

Regulations may make provision as to—

(a)   

the person or persons by whom, and the manner in which,

members are to be elected or appointed,

(b)   

eligibility for election or appointment,

(c)   

the duration of membership, and

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(d)   

meetings and proceedings of a parent council.

(5)   

Regulations may confer functions relating to parent councils on the

governing bodies of qualifying schools.

(6)   

The governing body of a qualifying school must, in exercising their

functions under this section with respect to the school’s parent council,

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have regard to any guidance given from time to time by the Secretary

of State.

(7)   

The reference in subsection (1)(b) to a foundation is to be read in

accordance with section 21 of the School Standards and Framework Act

1998.”

30

33      

Funding of voluntary aided schools: meaning of “capital expenditure”

(1)   

Part 2 of Schedule 3 to SSFA 1998 (funding of voluntary aided schools) is

amended as follows.

(2)   

In paragraph 3, as it applies in relation to England, omit sub-paragraph (3) (the

definition of “capital expenditure” for the purposes of the Schedule).

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(3)   

After paragraph 9 insert—

“Meaning of “capital expenditure”

9A    (1)  

This paragraph applies for the purposes of this Schedule as it applies

in relation to England.

      (2)  

Subject to sub-paragraphs (3) and (4), references in this Schedule to

40

capital expenditure, in relation to an appropriate body or the

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

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promoters, in the case of a voluntary aided school, are references

to—

(a)   

expenditure of the body or, as the case may be, the promoters

which falls to be capitalised in accordance with proper

accounting practices, or

5

(b)   

expenditure which would fall to be so capitalised were it to

be incurred by the body or, as the case may be, the promoters.

      (3)  

The Secretary of State may by regulations prescribe classes or

descriptions of expenditure which are to be treated for the purposes

of this Schedule as being, or as not being, capital expenditure in

10

relation to—

(a)   

any appropriate body, or any prescribed class or description

of appropriate body;

(b)   

any promoters, or any prescribed class or description of

promoters.

15

      (4)  

The Secretary of State may by direction provide that, in the case of a

particular voluntary aided school—

(a)   

expenditure of a particular appropriate body which is

expenditure of a particular class or description;

(b)   

expenditure of particular promoters which is expenditure of

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a particular class or description,

           

is to be treated for the purposes of this Schedule as being, or as not

being, capital expenditure in relation to that body, or as the case may

be, those promoters.

      (5)  

Directions under sub-paragraph (4) may be expressed to have effect

25

in specified circumstances or subject to specified conditions.

      (6)  

In this paragraph an “appropriate body”, in the case of a voluntary

aided school, means—

(a)   

the governing body of the school, or

(b)   

a relevant body in relation to the school (within the meaning

30

of paragraph 5).

9B    (1)  

For the purposes of paragraph 9A, “proper accounting practices”, in

relation to an appropriate body or the promoters, in the case of a

voluntary aided school, means those accounting practices—

(a)   

which, whether by virtue of any enactment or by reference to

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any generally recognised published code or otherwise, are

regarded as proper accounting practices to be followed in the

keeping of accounts by the appropriate body, or as the case

may be, the promoters, or

(b)   

which, whether by virtue of any enactment or by reference to

40

any generally recognised published code or otherwise, 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

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paragraph (b) of that sub-paragraph, only those falling within

paragraph (a) are to be regarded as proper accounting practices.

      (3)  

In this paragraph an “appropriate body”, in the case of a voluntary

aided school, has the same meaning as in paragraph 9A.”

 
 

 
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