|
| |
|
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 |
| |
| 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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
58 | Power of LEA to provide for governing body to consist of interim executive |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | a maintained school is eligible for intervention, and |
| |
(b) | the school has a delegated budget within the meaning of Part 2 of SSFA |
| |
| 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 |
| |
| |
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 |
| |
| |
(2) | Before making any such appointment in relation to a voluntary aided school, |
| |
the Secretary of State must consult— |
| |
|
| |
|
| |
|
(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— |
| |
| |
(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, |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
(c) | in the case of any other foundation or voluntary school, the person who |
| 45 |
appoints the foundation governors, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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) |
| |
| 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 |
| |
| |
(a) | under section 58(1) by the local education authority, or |
| 40 |
(b) | under section 62(1), by the Secretary of State. |
| |
|
| |
|