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Education and Inspections Bill


Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 3 — Consequential amendments

185

 

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.

      (2)  

In subsection (1)—

5

(a)   

for “Except” substitute “Subject to subsections (2A) and (2B), except”,

and

(b)   

after “a body” insert “or trustees”.

      (3)  

For subsection (2) substitute—

“(2)   

Subsection (1) applies to—

10

(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

school.”

15

      (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

Schedule 22.

20

(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”,

(b)   

for “a local authority” substitute “a body or trustees to whom

25

subsection (1) applies”, and

(c)   

after “falling within subsection (1)” insert “or in pursuance of a

transfer order under paragraph A26 of Schedule 22”.

      (6)  

In subsection (4) omit “by a local authority”.

      (7)  

After subsection (4) insert—

30

“(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

Schedule 22.”

      (8)  

In subsection (7), at the appropriate place, insert—

35

““maintained school” includes a maintained nursery school;”.

Part 3

Consequential amendments

19         

In section 75(2) of SSFA 1998 (transfer of land by governing body to trustees)

after “Paragraph” insert “A1 or”.

40

 

 

Education and Inspections Bill
Schedule 5 — Funding of maintained schools

186

 

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)

(orders not made by statutory instrument), for “or 7(3)(c)” substitute “,

7(3)(c) or 8A”.

5

22         

In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and

foundation special schools), in paragraph 2, after sub-paragraph (7) insert—

   “(7A)  

In sub-paragraph (6)(b) the reference to proceeds of sale of other

premises does not include the proceeds of disposal of land to

which paragraph A2, A9 or A16 of Schedule 22 applies.”

10

23         

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

A1(1)(f) and 1(1)(d)”,

(b)   

in paragraph (b) for “paragraph 2(1)(d)” substitute “paragraphs

15

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)”.

Schedule 5

Section 50

 

Funding of maintained schools

20

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.

      (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

25

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-

schools member from membership of a schools forum).

      (4)  

For subsection (9) substitute—

30

“(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

amended as follows.

35

      (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

substitute “the scheme for the time being maintained under this section”.

40

 

 

Education and Inspections Bill
Schedule 5 — Funding of maintained schools

187

 

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.

(2A)   

Regulations under subsection (2) may—

5

(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

(b)   

make provision about the respective powers of the schools

10

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.

      (2)  

For the heading substitute “REVISION OF LOCAL EDUCATION

15

AUTHORITY SCHEMES”.

      (3)  

For the italic heading immediately before paragraph 1 substitute

“Publication of schemes”.

      (4)  

In paragraph 1—

(a)   

omit sub-paragraphs (1) to (6), and

20

(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—

(a)   

on its coming into force as revised under this

25

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

paragraph, revise the whole or part of the scheme maintained by

30

them under section 48(1).

      (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

35

(b)   

in relation to that authority or any class or description of

local education authorities to which that authority

belongs,

           

as to the provisions the Secretary of State regards as appropriate

for inclusion in the scheme.

40

      (3)  

As regards any proposed variation of the scheme, the authority—

(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

45

authority’s schools forum for their approval.

 

 

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

188

 

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—

5

(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

10

(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

15

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.

20

Schedule 6

Section 63

 

Governing bodies consisting of interim executive members

Interpretation of Schedule

1     (1)  

In this Schedule—

“the appropriate authority” means—

25

(a)   

where this Schedule applies by virtue of a notice under

section 58(1), the local education authority who gave the

notice, and

(b)   

where this Schedule applies by virtue of a notice under

section 62(1), the Secretary of State;

30

“existing governors”, in relation to a school in respect of which a notice

under section 58(1) or 62(1) has been given, means the governors

who hold office immediately before the governing body becomes

constituted in accordance with this Schedule;

“the interim period”, in relation to a school in respect of which a notice

35

under section 58(1) or 62(1) has been given, means the period during

which the governing body is constituted in accordance with this

Schedule;

“a normally constituted governing body” means a governing body

constituted in accordance with regulations made by virtue of section

40

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.

 

 

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

189

 

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—

5

(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 58(1) or 62(1)

10

3     (1)  

On the date specified in the notice under section 58(1) or 62(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

15

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

20

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

25

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.

5     (1)  

Every appointment of an interim executive member must be made by an

instrument in writing setting out the terms of his appointment.

30

      (2)  

An interim executive member—

(a)   

holds office in accordance with the terms of his appointment and

subject to paragraph 18, and

(b)   

may at any time be removed from office by the appropriate authority

for incapacity or misbehaviour.

35

      (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

6     (1)  

The appropriate authority must give a copy of the notice under section 58(1)

or 62(1) and of every instrument of appointment of an interim executive

40

member—

 

 

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

190

 

(a)   

to every interim executive member,

(b)   

to every existing governor of the school,

(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

5

education authority,

(e)   

in the case of a foundation or voluntary school which is a Church of

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

10

or persons by whom the foundation governors are appointed.

      (2)  

A failure to comply with sub-paragraph (1) does not invalidate the notice or

appointment.

Power to specify duration of interim period

7         

The appropriate authority may in the notice under section 58(1) or 62(1)

15

specify the duration of the interim period.

Chairman

8          

The appropriate authority may nominate one of the interim executive

members to be chairman of the interim executive board.

Remuneration and allowances

20

9          

The appropriate authority may pay to any interim executive member such

remuneration and allowances as the appropriate authority may determine.

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

25

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

executive board as governing body.

Proceedings of interim executive board

11    (1)  

The interim executive board may determine their own procedure.

30

      (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

12    (1)  

If, immediately before the date specified in the notice under section 58(1) or

62(1), the school does not have a delegated budget, the suspension of the

35

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

delegated budget for mismanagement etc) has been given to the governing

body before the date specified in a notice under section 58(1) or 62(1) but has

40

 

 

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

191

 

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

the power conferred by section 59 (power to suspend right to delegated

budget).

5

      (4)  

Sub-paragraph (1) is to be construed in accordance with section 49(7) of

SSFA 1998.

Exclusion of certain statutory provisions

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.

10

      (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.

14         

During the interim period—

(a)   

the local education authority may not exercise any power conferred

15

by section 57 (power to appoint additional governors), and

(b)   

the Secretary of State may not exercise any power conferred by

section 60 (power to appoint additional governors).

Closure of school

15    (1)  

At any time during the interim period, the interim executive board may, if

20

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.

      (2)  

The interim executive board may not—

(a)   

publish under section 15(2) proposals to discontinue the school, or

25

(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 17(1) or 61(1) in

relation to the school, or

(b)   

the local education authority determine to discontinue the school,

30

           

the interim period is to continue until the discontinuance date, even where

it would otherwise end before that date.

      (2)  

In this paragraph “the discontinuance date” means—

(a)   

the date on which proposals for discontinuing the school are

implemented under Part 4 of Schedule 2,

35

(b)   

the date on which the school is discontinued under section 30 of

SSFA 1998, or

(c)   

the date specified in the direction under section 17(1) or 61(1),

           

as the case may be.

Notice of resumption of government by normally constituted governing body

40

17    (1)  

Where—

 

 

 
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