Education and Inspections Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
20

26
Proposals under section 24: implementation
(1)
Regulations may make provision in connection with the implementation of
proposals under section 24 which have been approved in accordance with
regulations under section 25.
(2)
Regulations under this section may, in particular—
5
(a)
make provision for the revision or replacement of the school’s
instrument of government and the reconstitution of its governing body,
(b)
make provision for the transfer of property, rights and liabilities,
(c)
make provision about the manner in which, and time within which,
anything required or authorised by the regulations must be done.
10
(3)
Where—
(a)
any land forming part of the school premises (“the excluded land”) is
not transferred to the governing body, and
(b)
the governing body, a local education authority or a prescribed person
has incurred capital expenditure in relation to the excluded land or in
15
relation to other land the proceeds of the disposal of which were used
to acquire or enhance the value of the excluded land,

regulations under this section may authorise or require the foundation to pay
any part of the value of the excluded land to the governing body, the local
education authority or a prescribed person.
20
(4)
Where—
(a)
any land forming part of the school premises (“the transferred land”) is
transferred to the governing body, and
(b)
the foundation has incurred capital expenditure in relation to the
transferred land or in relation to other land the proceeds of the disposal
25
of which were used to acquire or enhance the value of the transferred
land,

regulations under this section may authorise or require the governing body to
pay any part of the value of the transferred land to the foundation.
(5)
Regulations under this section may—
30
(a)
enable any question arising by virtue of subsection (3) or (4) to be
determined by agreement or to be referred to the adjudicator for
determination, and
(b)
provide for the making of representations to the adjudicator.
(6)
Regulations under this section may require any prescribed person, in
35
exercising functions under the regulations, to have regard to any guidance
given from time to time by the Secretary of State.
(7)
In this section “foundation” means a foundation established otherwise than
under SSFA 1998.
General
40
27
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;
(b)
no prescribed alteration may be made to a maintained school.
45

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
21

(2)
In subsection (1)(b) “prescribed alteration”, in relation to a maintained school,
means an alteration prescribed under section 18.
(3)
Subsection (1) has effect subject to—
(a)
sections 17(5) and 61(4) (which relate to powers of the Secretary of State
to require a maintained school to be discontinued), and
5
(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 26,
no alteration falling within section 24(2)(a) or (b) may be made to a foundation
or foundation special school.
10
28
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.
29
Amendments relating to school organisation
15
Schedule 3 contains amendments relating to school organisation.
30
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.
(2)
Regulations under this section may, in particular, make provision with respect
20
to—
(a)
the determination or implementation of proposals made under the
previous enactments,
(b)
references made to school organisation committees or adjudicators
under the previous enactments.
25
(3)
This section does not limit the powers conferred by section 168.
(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
schools) so far as applying to England, and
30
(b)
sections 66 and 67 of, and Schedules 10 and 11 to, EA 2005.
31
Interpretation of Part 2
(1)
In this Part, except where the contrary intention appears—
“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
35
accordance with section 15(8);
“foundation”, in relation to a foundation or voluntary school, has (subject
to sections 24(5) and 26(7)) the meaning given by section 21(3) of SSFA
1998;

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
22

“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
SSFA 1998;
5
“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;
“prescribed” means prescribed by regulations;
10
“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
school having such a character.
15
Part 3
Further provisions about maintained schools
Foundation, voluntary and foundation special schools
32
Requirements as to foundations
(1)
After section 23 of SSFA 1998 insert—
20
“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,
after the commencement of this section, is established with a
25
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
foundation governors.
30
(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,
(b)
it is a charity (whether by virtue of section 23(3) or otherwise),
and
35
(c)
it has as its purpose, or one of its purposes, the advancement of
the education of pupils at the school or schools in respect of
which it acts as the foundation.
(3)
The foundation of a school to which this section applies shall, in
carrying out its functions in relation to the school, promote community
40
cohesion.
(4)
Where any members of the foundation are to be local authorities or
persons appointed by local authorities, the proportion of voting rights

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
23

exercisable by such members must not exceed 20 per cent. of the total
voting rights exercisable by members.
(5)
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
5
local authorities must not exceed 20 per cent. of the total
number of charity trustees, and
(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.
10
(6)
Regulations may disqualify persons from acting as charity trustee in
relation to a school to which this section applies.
(7)
In this section and section 23B—
“charity” has the same meaning as in the Charities Act 1993;
“charity trustee”, in relation to a school to which this section
15
applies, means any individual who is for the purposes of the
Charities Act 1993 a charity trustee in relation to the school’s
foundation;
“foundation” means a foundation established otherwise than
under this Act;
20
“institution” has the same meaning as in the Charities Act 1993;
“purpose” includes object.
23B
Powers of Secretary of State in relation to charity trustees of
foundations.
(1)
Regulations may make provision enabling the Secretary of State in
25
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) of that section;
(b)
to appoint a person to be a charity trustee of such a school
30
(whether in place of a trustee removed by him under subsection
(6) 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
may in particular provide for any such direction to have the same effect
35
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
for England and Wales under any enactment.”
40
(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
Charity Commission for England and Wales is to be read as a reference to the
45
Charity Commissioners for England and Wales.