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18 | Alterations that may be made under section 19 |
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(1) | Regulations may prescribe alterations to maintained schools that may be |
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implemented in pursuance of proposals published under section 19. |
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(2) | The prescribed alterations must include any alteration that involves one or |
| 5 |
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(a) | in the case of a school falling within any of the categories set out in |
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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 |
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| 10 |
(b) | the acquisition by a foundation or foundation special school of a |
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foundation established otherwise than under SSFA 1998, and |
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(c) | in the case of a school whose instrument of government does not |
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provide for a majority of the governing body to be foundation |
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governors, any change in the instrument of government which results |
| 15 |
in the majority of governors being foundation governors. |
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(3) | The prescribed alterations may include other alterations of any nature (other |
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than those prevented by subsection (4)). |
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(4) | None of the following alterations may be made to a maintained school— |
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(a) | any change in the religious character of the school, |
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(b) | any change whereby the school would acquire or lose a religious |
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(c) | any change of category from foundation or voluntary school to |
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(d) | any change of category from foundation special school to community |
| 25 |
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(e) | any change of category from mainstream school to community or |
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foundation special school or from community or foundation special |
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school to mainstream school, |
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(f) | any change from maintained nursery school to any other kind of |
| 30 |
maintained school, or from any other kind of maintained school to |
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maintained nursery school. |
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(5) | In subsection (4)(e) “mainstream school” means community, foundation or |
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19 | Publication of proposals for alteration of school |
| 35 |
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(a) | the local education authority propose to make a prescribed alteration to |
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(b) | the prescribed alteration is one that under subsection (2) is capable of |
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being proposed by a local education authority, |
| 40 |
| the authority must publish their proposals under this section. |
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(2) | A prescribed alteration is capable of being proposed by a local education |
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|
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|
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(a) | in the case of a community school, a community special school or a |
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maintained nursery school, it is an alteration designated by regulations |
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as one capable of being proposed by the local education authority, and |
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(b) | in the case of a foundation or voluntary school or a foundation special |
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school, it consists of any one or more of the following— |
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(i) | an enlargement of the premises, |
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(ii) | the establishment or discontinuance of educational provision |
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for pupils with special educational needs, and |
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(iii) | the establishment of educational provision suitable to the |
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requirements of pupils over compulsory school age. |
| 10 |
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(a) | the governing body of a maintained school propose to make a |
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prescribed alteration to the school, and |
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(b) | in the case of a community school, a community special school or a |
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maintained nursery school, the prescribed alteration is designated by |
| 15 |
regulations under this subsection as one capable of being proposed by |
| |
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| 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 |
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unwilling to carry out their obligations under Schedule 3 to SSFA 1998 |
| 20 |
(funding of foundation, voluntary and foundation special schools), they must |
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publish proposals under this section for the school to become either a |
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voluntary controlled school or a foundation school, as the governing body may |
| |
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(5) | In this section “prescribed alteration”, in relation to a maintained school, means |
| 25 |
an alteration prescribed under section 18. |
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20 | Proposals under section 19: procedure |
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(1) | Regulations may make provision about the publication and determination of |
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proposals under section 19 (“proposals”). |
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(2) | The provision that may be made includes provision— |
| 30 |
(a) | about the information to be included in, or provided in relation to, the |
| |
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(b) | about consultation on the proposals; |
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(c) | about the manner in which proposals are to be published under section |
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| 35 |
(d) | for the making of objections to or comments on the proposals; |
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(e) | requiring the proposals to be considered with related proposals |
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published under section 19 or any other enactment; |
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(f) | for the consideration and determination of the proposals by a |
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prescribed person (who may be the person who published the |
| 40 |
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(g) | for the referral of proposals to the adjudicator in prescribed cases for |
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consideration and determination by him (instead of by a person |
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prescribed by virtue of paragraph (f)); |
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(h) | for the referral of proposals to the adjudicator, at the request of a |
| 45 |
prescribed person, after their initial determination by a person other |
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(i) | for the approval of proposals with or without modification; |
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|
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|
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|
(j) | for the making in prescribed cases of a conditional approval; |
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(k) | for the withdrawal of proposals; |
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(l) | as to the manner in which, and time within which, anything required |
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or authorised by the regulations must be done. |
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(3) | The regulations may confer functions on the local education authority, on any |
| 5 |
other local education authority affected by the proposals, on the governing |
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body of the school concerned and on the adjudicator. |
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(4) | Regulations made by virtue of subsection (2)(g) may enable the Secretary of |
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State by direction to require proposals to be referred to the adjudicator. |
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(5) | In relation to any proposals for a school to cease to be an establishment which |
| 10 |
admits pupils of one sex only, regulations under this section may enable the |
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local education authority or the adjudicator to make a transitional exemption |
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order for the purposes of section 27 of the Sex Discrimination Act 1975 (c. 65) |
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(exception for single-sex establishments turning co-educational), and to vary |
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or revoke any order so made. |
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(6) | The regulations may require any person exercising functions under the |
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regulations to have regard to any guidance given from time to time by the |
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21 | Right of governing body to determine own foundation proposals |
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(1) | Subsection (3) applies to proposals which are published under section 19 by the |
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governing body of a community, voluntary controlled or community special |
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school and relate only to— |
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(a) | a change of category from community or voluntary controlled school to |
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foundation school, without the acquisition of a foundation or a relevant |
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change in the instrument of government, or |
| 25 |
(b) | a change of category from community special school to foundation |
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special school, without the acquisition of a foundation or a relevant |
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change in the instrument of government. |
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(2) | For the purposes of this section a “relevant change” in the instrument of |
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government of a school is a change which results in the majority of governors |
| 30 |
being foundation governors. |
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(3) | In relation to proposals to which this subsection applies, regulations under |
| |
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(a) | must provide for the proposals to be determined by the governing |
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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. |
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(4) | Subsection (5) applies to— |
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(a) | proposals which are published under section 19 by the governing body |
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of a community or voluntary controlled school and relate only to a |
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change of category from community or voluntary controlled school to |
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foundation school, together with the acquisition of a foundation or a |
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relevant change in the instrument of government (or both), |
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(b) | proposals which are published under that section by the governing |
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body of a community special school and relate only to a change of |
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category from community special school to foundation special school, |
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|
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|
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|
together with the acquisition of a foundation or a relevant change in the |
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instrument of government (or both), and |
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(c) | proposals which are published under that section by the governing |
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body of a foundation or foundation special school and relate only to the |
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acquisition of a foundation or a relevant change in the instrument of |
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(5) | In relation to proposals to which this subsection applies, regulations under |
| |
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(a) | must provide for the proposals to be determined by the governing body |
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unless the local education authority exercise the right conferred on |
| 10 |
them by regulations made by virtue of section 22(1), and |
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(b) | may not make any provision under subsection (2)(g) or (h) of section 20 |
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enabling a person other than the local education authority to require |
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the proposals to be referred to the adjudicator. |
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22 | Rights of interested bodies in relation to proposals under section 20 |
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(1) | Any regulations under section 20 which enable any proposals falling within |
| |
subsection (2) which are published by the governing body of the school to |
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which they relate to be determined by the governing body must include |
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provision by virtue of subsection (2)(g) of that section enabling the local |
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education authority to require the proposals to be referred to the adjudicator. |
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(2) | Proposals fall within this section if the proposed alteration would result in a |
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community, voluntary controlled or foundation school or community or |
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foundation special school becoming either or both of the following— |
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(a) | a foundation or foundation special school having a foundation |
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established otherwise than under SSFA 1998; |
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(b) | a foundation or foundation special school whose instrument of |
| |
government provides for the majority of governors to be foundation |
| |
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(3) | Regulations under section 20 may restrict the matters to which a local |
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education authority may have regard in deciding whether to require proposals |
| 30 |
to be referred to the adjudicator in accordance with provision included in the |
| |
regulations by virtue of subsection (1). |
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(4) | If regulations under section 20 provide for any proposals, other than proposals |
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to which section 21(3) or (5) applies, to be determined by a person other than |
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the adjudicator, the regulations must include provision by virtue of section |
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20(2)(h) enabling each of the following persons to require the proposals to be |
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referred to the adjudicator after their initial determination by the other |
| |
| |
(a) | the Diocesan Board of Education for any diocese of the Church of |
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England any part of which is comprised in the area of the authority, |
| 40 |
(b) | the bishop of any diocese of the Roman Catholic Church any part of |
| |
which is comprised in the area of the authority, and |
| |
(c) | where the proposals relate to the provision of education for persons |
| |
aged 14 or over, the Learning and Skills Council for England. |
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(5) | If regulations under section 20 provide for any proposals published by a local |
| 45 |
education authority in relation to a foundation or voluntary school or a |
| |
foundation special school to be determined by the local education authority, |
| |
the regulations must include provision by virtue of subsection (2)(h) of that |
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|
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|
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|
section enabling each of the following persons to require the proposals to be |
| |
referred to the adjudicator after their initial determination by the authority— |
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(a) | the governing body of the school, and |
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(b) | the trustees of the school. |
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(6) | In this section “proposals” means proposals under section 19. |
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23 | Proposals under section 19: implementation |
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(1) | Regulations may make provision in connection with the implementation of— |
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(a) | proposals under section 19 which have been approved in accordance |
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with regulations under section 20, or |
| |
(b) | proposals under section 19 in respect of which approval in accordance |
| 10 |
with those regulations is not required, and which the person making |
| |
the proposals has determined to implement. |
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(2) | Regulations under this section may, in particular— |
| |
(a) | enable a prescribed person to determine in prescribed cases that |
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proposals are not to be implemented or are to be implemented with |
| 15 |
| |
(b) | enable prescribed matters relating to the implementation of proposals |
| |
to be referred to the adjudicator in prescribed cases, and |
| |
(c) | make provision about the manner in which, and time within which, |
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anything required or authorised by the regulations must be done. |
| 20 |
(3) | Regulations under this section relating to an alteration falling within |
| |
subsection (2)(a), (b) or (c) of section 18 may include provision with respect |
| |
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(a) | the revision or replacement of the school’s instrument of government |
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and the reconstitution of its governing body, |
| 25 |
(b) | the transfer of property, rights and liabilities (including such a transfer |
| |
to or from a foundation body or trustees), |
| |
(c) | the transfer of staff, and |
| |
(d) | any transitional matters. |
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(4) | Regulations made under this section by virtue of subsection (3)(b) in relation |
| 30 |
to an alteration falling within section 18(2)(a) may, in particular, make |
| |
provision with respect to— |
| |
(a) | restricting the disposal by a local authority of land which is used or |
| |
held for the purposes of a school in relation to which proposals to |
| |
change category are, or may be, published under section 19, as from— |
| 35 |
(i) | the date of publication of such proposals, or |
| |
(ii) | such other time as may be prescribed, |
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(b) | restricting the taking of action by virtue of which any such land would |
| |
cease to be so used or held to any extent, |
| |
(c) | the consequences of any contravention of any such restriction as is |
| 40 |
mentioned in paragraph (a) or (b), and |
| |
(d) | conferring on any prescribed body such functions as may be prescribed |
| |
with respect to any such contravention. |
| |
(5) | Regulations made under this section by virtue of subsection (3)(b) in relation |
| |
to an alteration falling within section 18(2)(a) may also make provision with |
| 45 |
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|
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|
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|
(a) | the division and apportionment of property, rights and liabilities any |
| |
part of which fall to be transferred by or under the regulations where |
| |
the property has been used or held, or the rights or liabilities have been |
| |
acquired or incurred, for the purposes of more than one school or for |
| |
the purposes of one or more schools and for other purposes, |
| 5 |
(b) | excluding from transfer in certain circumstances property, rights and |
| |
liabilities which would otherwise fall to be transferred under any such |
| |
| |
(c) | identifying and defining the property, rights and liabilities which fall to |
| |
| 10 |
(d) | requiring prescribed persons to enter into agreements and execute |
| |
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(e) | the resolution of disputes relating to a transfer, |
| |
(f) | the construction of agreements, |
| |
(g) | the position of third parties affected by a transfer, |
| 15 |
(h) | the production or delivery of documents, or the provision of |
| |
information, by a prescribed person to another prescribed person, and |
| |
(i) | enabling a certificate issued by a prescribed person to be conclusive |
| |
evidence as to whether or not any property, rights or liabilities were |
| |
transferred by virtue of the regulations. |
| 20 |
(6) | Regulations under this section may require any prescribed person, in |
| |
exercising functions under the regulations, to have regard to any guidance |
| |
given from time to time by the Secretary of State. |
| |
(7) | Regulations under this section may, in particular, make provision |
| |
corresponding to that made by any provision of paragraphs 21 to 31 of |
| 25 |
Schedule 2 (implementation of proposals for establishment or discontinuance). |
| |
(8) | A school’s change of category in pursuance of proposals published under |
| |
section 19 is not to be taken as authorising any change in the religious character |
| |
of the school, or the acquisition or loss of religious character. |
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Removal of foundation or reduction in foundation governors |
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24 | Proposals for removal of foundation or reduction in foundation governors |
| |
(1) | This section applies to any foundation or foundation special school which— |
| |
(a) | in pursuance of proposals falling to be implemented under Schedule 2, |
| |
has been established with a foundation or with an instrument of |
| |
government providing for the majority of governors to be foundation |
| 35 |
| |
(b) | in pursuance of proposals falling to be implemented under regulations |
| |
under section 23, has acquired a foundation or an instrument of |
| |
government providing for the majority of governors to be foundation |
| |
| 40 |
(2) | The governing body of any foundation or foundation special school to which |
| |
this section applies may at any time publish proposals under this section for |
| |
either or both of the following alterations to the school— |
| |
(a) | the removal of the foundation, or |
| |
(b) | the alteration of the instrument of government in such a way that |
| 45 |
foundation governors will cease to constitute the majority of governors. |
| |
|
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|
| |
|
(3) | A prescribed proportion of the governors of a foundation or foundation special |
| |
school to which this section applies may in the prescribed manner require the |
| |
governing body of the school to publish proposals under this section for either |
| |
or both of the alterations mentioned in subsection (2). |
| |
(4) | Subsection (3) does not require the governing body of a foundation or |
| 5 |
foundation special school to publish proposals under this section— |
| |
(a) | at any time within a prescribed period beginning with the date on |
| |
which the most recent proposals mentioned in subsection (1)(a) or (b) |
| |
| |
(b) | at any time within a prescribed period beginning with the date on |
| 10 |
which previous proposals published under this section in pursuance of |
| |
a requirement under subsection (3) were rejected by the governing |
| |
body in accordance with regulations under section 25. |
| |
(5) | In this section “foundation” means a foundation established otherwise than |
| |
| 15 |
25 | Proposals under section 24: procedure |
| |
(1) | Regulations may make provision about the publication and determination of |
| |
proposals under section 24. |
| |
(2) | The provision that may be made includes provision— |
| |
(a) | about the information to be included in, or provided in relation to, the |
| 20 |
| |
(b) | about consultation on the proposals; |
| |
(c) | about the manner in which proposals are to be published under section |
| |
| |
(d) | for the making of objections to or comments on the proposals; |
| 25 |
(e) | for the withdrawal of proposals in prescribed cases; |
| |
(f) | for the consideration of the proposals by the governing body; |
| |
(g) | enabling the governing body to approve or reject the proposals; |
| |
(h) | enabling the governing body to reject any proposals published in |
| |
pursuance of a requirement under section 24(3) (“required proposals”) |
| 30 |
only by a decision made with the support of a prescribed proportion of |
| |
| |
(i) | for the approval of required proposals given in the prescribed manner |
| |
by a prescribed proportion of the governors to be treated as approval |
| |
| 35 |
(j) | for the approval of proposals either without modifications or in |
| |
prescribed cases with modifications of a prescribed kind; |
| |
(k) | as to the manner in which, and time within which, anything authorised |
| |
or required by the regulations must be done. |
| |
(3) | Regulations under this section may in prescribed cases enable any matter |
| 40 |
relating to any payment which might be required to be made by virtue of |
| |
subsection (3) or (4) of section 26 if proposals were approved to be referred to |
| |
the adjudicator for a provisional determination before the proposals are |
| |
| |
(4) | Regulations under this section may req uire any prescribed person, in |
| 45 |
exercising functions under the regulations, to have regard to any guidance |
| |
given from time to time by the Secretary of State. |
| |
|
| |
|