House of Lords portcullis
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.

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2006
Revised 26 May 2006