Education and Inspections Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 4 — Schools causing concern: England
43

Intervention by local education authority
56
Power of LEA to require governing body to enter into arrangements
(1)
If at any time a maintained school is eligible for intervention, then (subject to
subsection (3)) the local education authority may, with a view to improving the
performance of the school, give the governing body of the school a notice
5
requiring the governing body—
(a)
to enter into a contract or other arrangement with a specified person
(who may be the governing body of another school) for the provision
to the governing body of specified services of an advisory nature,
(b)
to make specified arrangements authorised by section 26 of EA 2002
10
(collaboration between schools) with the governing body of such other
school as may be specified,
(c)
to make specified arrangements authorised by regulations under
section 156 of this Act (collaboration arrangements: maintained schools
and further education bodies) with a further education body within the
15
meaning of that section, or
(d)
to take specified steps for the purpose of creating or joining a
federation, as defined by section 24(2) of EA 2002.
(2)
Before exercising the power conferred by subsection (1), the local education
authority must consult—
20
(a)
the governing body of the school,
(b)
in the case of a foundation or voluntary school which is a Church of
England school or a Roman Catholic Church school, the appropriate
diocesan authority, and
(c)
in the case of any other foundation or voluntary school, the person or
25
persons by whom the foundation governors are appointed.
(3)
Where the school is eligible for intervention by virtue of section 53 (school
subject to formal warning), the power conferred by subsection (1) is only
exercisable within the period of two months following the end of the
compliance period (as defined by section 53(10)).
30
(4)
A notice under subsection (1)(a) may require the contract or other arrangement
to contain specified terms and conditions.
57
Power of LEA etc. to appoint additional governors
(1)
If at any time a maintained school is eligible for intervention, then (subject to
subsection (2)) the local education authority may appoint such number of
35
additional governors as they think fit.
(2)
Where the school is eligible for intervention by virtue of section 53 (school
subject to formal warning), the power conferred by subsection (1) is only
exercisable within the period of two months following the end of the
compliance period (as defined by section 53(10)).
40
(3)
In relation to any appointment made by the local education authority by virtue
of subsection (1) to the governing body of a school, the instrument of
government for the school has effect as if (despite anything in regulations
under section 19 of EA 2002) it provided for the local education authority to
appoint such number of additional governors as they think fit.
45
(4)
If at any time—

Education and Inspections Bill
Part 4 — Schools causing concern: England
44

(a)
a voluntary aided school other than one falling within section 54 or 55
is eligible for intervention by virtue of section 53 (school subject to
formal warning), and
(b)
the local education authority have exercised their power to appoint
additional governors under subsection (1),
5

the appropriate appointing authority may appoint such number of additional
foundation governors as is equal to the number of additional governors
appointed by the authority.
(5)
Any additional foundation governors appointed under subsection (4)—
(a)
shall cease to hold office at the time when the additional governors
10
appointed by the authority cease to do so; and
(b)
shall not be eligible for re-appointment except where, and to the extent
that, those governors are re-appointed.
(6)
If at any time—
(a)
a voluntary aided school is eligible for intervention by virtue of section
15
54 (school requiring significant improvement) or section 55 (school
requiring special measures),
(b)
the Secretary of State has not exercised his power under section 60
(power to appoint additional governors) in connection with the same
inspection falling within section 54(a) or 55(a),
20
(c)
the Secretary of State has not exercised his power under section 61
(power to direct closure of school), and
(d)
the appropriate appointing authority have received a notice in writing
from the Secretary of State informing them that he has received a notice
under section 13(3)(a) of EA 2005 from the Chief Inspector,
25

the appropriate appointing authority may appoint such number of additional
foundation governors as they think fit.
(7)
In the case of any appointment made by virtue of subsection (4) or (6) to the
governing body of a school, the instrument of government for the school has
effect as if (despite anything in regulations under section 19 of EA 2002) the
30
instrument provided for the appropriate appointing authority to appoint such
number of additional foundation governors as they are authorised to appoint
under subsection (4) or (6) (as the case may be).
(8)
Subject to subsection (9), references in this section to the appropriate
appointing authority in relation to any voluntary aided school are references—
35
(a)
to the appropriate diocesan authority, if it is a Church of England
school or a Roman Catholic Church school; or
(b)
in any other case, to the person or persons by whom the foundation
governors are appointed.
(9)
Where, in the case of any voluntary aided school not falling within subsection
40
(8)(a), there are different powers to appoint foundation governors, references
in this section to the appropriate appointing authority are references—
(a)
to all those persons who have any such power acting jointly, or
(b)
if they are unable to agree, to such of them acting jointly, or such one of
them, as the Secretary of State may, after consulting all those persons,
45
determine.

Education and Inspections Bill
Part 4 — Schools causing concern: England
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58
Power of LEA to provide for governing body to consist of interim executive
members
(1)
If at any time a maintained school is eligible for intervention, the local
education authority may, with the consent of the Secretary of State, give the
governing body a notice in writing stating that, as from a date specified in the
5
notice, the governing body are to be constituted in accordance with Schedule 6
(governing bodies consisting of interim executive members).
(2)
Before exercising the power conferred by subsection (1), the local education
authority must consult—
(a)
the governing body of the school,
10
(b)
in the case of a foundation or voluntary school which is a Church of
England school or a Roman Catholic Church school, the appropriate
diocesan authority, and
(c)
in the case of any other foundation or voluntary school, the person or
persons by whom the foundation governors are appointed.
15
59
Power of LEA to suspend right to delegated budget
(1)
If at any time—
(a)
a maintained school is eligible for intervention, and
(b)
the school has a delegated budget within the meaning of Part 2 of SSFA
1998,
20

then (subject to subsection (2)) the local education authority may, by giving the
governing body of the school notice in writing of the suspension, suspend the
governing body’s right to a delegated budget with effect from the receipt of the
notice by the governing body.
(2)
Where the school is eligible for intervention by virtue of section 53 (school
25
subject to formal warning), the power conferred by subsection (1) is only
exercisable within the period of two months following the end of the
compliance period (as defined by section 53(10)).
(3)
A copy of a notice given under subsection (1) must be given to the head teacher
of the school at the same time as the notice is given to the governing body.
30
(4)
A suspension imposed under this section shall have effect for the purposes of
Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15
to that Act.
Intervention by Secretary of State
60
Power of Secretary of State to appoint additional governors
35
(1)
If at any time a maintained school is eligible for intervention by virtue of—
(a)
section 54 (school requiring significant improvement), or
(b)
section 55 (school requiring special measures),

the Secretary of State may appoint such number of additional governors as he
thinks fit; and he may nominate one of those governors to be the chairman of
40
the governing body in place of any person who has been elected as chairman
of that body.
(2)
Before making any such appointment in relation to a voluntary aided school,
the Secretary of State must consult—

Education and Inspections Bill
Part 4 — Schools causing concern: England
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(a)
in the case of a Church of England school or a Roman Catholic Church
school, the appropriate diocesan authority, or
(b)
in any other case, the person who appoints the foundation governors.
(3)
A governor appointed under this section—
(a)
shall hold office as governor for such term, and
5
(b)
if nominated as chairman of the governing body, shall be chairman of
that body for such period,

as the Secretary of State may determine.
(4)
The Secretary of State may pay to any governor appointed under this section
such remuneration and allowances as the Secretary of State may determine.
10
(5)
In relation to any appointment made by the Secretary of State by virtue of
subsection (1) to the governing body of a school, the instrument of government
for the school shall have effect as if (despite anything in regulations under
section 19 of EA 2002) it provided for the Secretary of State to appoint such
number of additional governors as he thinks fit.
15
(6)
Where the Secretary of State has exercised his power under this section in
relation to a school, then—
(a)
in any such case—
(i)
the local education authority may not exercise their power
under section 59(1) or paragraph 1 of Schedule 15 to SSFA 1998
20
to suspend the governing body’s right to a delegated budget,
and
(ii)
if they have already exercised either of those powers, the
Secretary of State must, if requested to do so by the governing
body, revoke the suspension; and
25
(b)
in the case of a voluntary aided school, nothing in regulations under
section 19 of EA 2002 is to be read as authorising the appointment of
foundation governors for the purpose of outnumbering the other
governors as augmented by those appointed by the Secretary of State
under this section.
30
(7)
The revocation of a suspension under subsection (6)(a)—
(a)
must be notified to the local education authority in writing, and
(b)
takes effect from such date as is specified in that notification.
61
Power of Secretary of State to direct closure of school
(1)
If at any time a maintained school is eligible for intervention by virtue of
35
section 55 (school requiring special measures), the Secretary of State may give
a direction to the local education authority requiring the school to be
discontinued on a date specified in the direction.
(2)
Before giving a direction under subsection (1), the Secretary of State must
consult—
40
(a)
the local education authority and the governing body of the school,
(b)
in the case of a foundation or voluntary school which is a Church of
England school or a Roman Catholic Church school, the appropriate
diocesan authority,
(c)
in the case of any other foundation or voluntary school, the person who
45
appoints the foundation governors,

Education and Inspections Bill
Part 4 — Schools causing concern: England
47

(d)
in the case of a school which provides education suitable to the
requirements of persons over compulsory school age, the Learning and
Skills Council for England, and
(e)
such other persons as the Secretary of State considers appropriate.
(3)
On giving a direction under subsection (1) the Secretary of State must give
5
notice in writing of the direction to the governing body of the school and its
head teacher.
(4)
Where the local education authority are given a direction under subsection (1),
they must discontinue the school in question on the date specified in the
direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA
10
1998 applies to their discontinuance of the school under this section.
(5)
In this section any reference to the discontinuance of a maintained school is a
reference to the local education authority ceasing to maintain it.
62
Power of Secretary of State to provide for governing body to consist of interim
executive members
15
(1)
If at any time a maintained school is eligible for intervention by virtue of—
(a)
section 54 (school requiring significant improvement), or
(b)
section 55 (school requiring special measures),

the Secretary of State may give the governing body a notice in writing stating
that, as from the date specified in the notice, the governing body are to be
20
constituted in accordance with Schedule 6 (governing bodies consisting of
interim executive members).
(2)
Before exercising the power conferred by subsection (1), the Secretary of State
must consult—
(a)
the local education authority,
25
(b)
the governing body of the school,
(c)
in the case of a foundation or voluntary school which is a Church of
England school or a Roman Catholic Church school, the appropriate
diocesan authority, and
(d)
in the case of any other foundation or voluntary school, the person or
30
persons by whom the foundation governors are appointed.
(3)
The Secretary of State need not consult the persons mentioned in subsection
(2)(b), (c) and (d) if the local education authority have consulted them under
subsection (2) of section 58 in relation to a proposed notice under subsection (1)
of that section.
35
Governing bodies consisting of interim executive members: further provisions
63
Governing bodies consisting of interim executive members
Schedule 6 has effect in relation to any school in respect of which a notice has
been given—
(a)
under section 58(1) by the local education authority, or
40
(b)
under section 62(1), by the Secretary of State.