|
| |
|
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 |
| |
(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 |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
| 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 |
|
| |
|
| |
|
(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 |
| |
(a) | the determination or implementation of proposals made under the |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
“local education authority”, in relation to a school maintained (or |
| |
proposed to be maintained) by a local education authority, means that |
| |
| |
“maintain”, in relation to a maintained school, has the same meaning as in |
| |
| 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 |
| |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
| 30 |
(2) | No institution may act as the foundation of a school to which this |
| |
| |
(a) | it is a body corporate of a prescribed description, |
| |
(b) | it is a charity (whether by virtue of section 23(3) or otherwise), |
| |
| 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 |
| |
(4) | 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. |
| |
(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” means a foundation established otherwise than |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|