|
| |
|
(5) | This section has effect subject to section 20. |
| |
| |
“prescribed alteration”, in relation to a maintained school, means an |
| |
alteration prescribed under section 18; |
| |
“relevant age group” has the same meaning as in SSFA 1998. |
| 5 |
20 | Restriction on power of governing body to publish foundation proposals |
| |
(1) | The governing body of a school specified in the first column of the Table below |
| |
may not publish proposals under section 19 for a prescribed alteration of a kind |
| |
specified in the second column, except with the consent of— |
| |
(a) | the trustees of the school, and |
| 10 |
(b) | the person or persons by whom the foundation governors are |
| |
| |
| | | | | | 1. A foundation school which, |
| | | | | | instrument of government. |
| | 15 | | | | | | | foundation school having a |
| | | | | | | | | | | A change of category from |
| | | | | voluntary controlled school or |
| | 20 | | | voluntary aided school to |
| | | | | | | | | 3. A foundation school which, |
| | | | | having been a voluntary school |
| instrument of government. |
| | | | | | | 25 | | commencement date, changed |
| | | | | category to foundation school |
| | | | | | | | |
|
(2) | For the purposes of this section, a “relevant change” in the instrument of |
| |
government of a school is a change which results in the majority of governors |
| 30 |
being foundation governors. |
| |
| |
“the commencement date” means the day on which this Part comes into |
| |
force, otherwise than merely for the purpose of enabling orders or |
| |
| 35 |
“prescribed alteration”, in relation to a maintained school, means an |
| |
alteration prescribed under section 18. |
| |
21 | Proposals under section 19: procedure |
| |
(1) | Regulations may make provision about the publication and determination of |
| |
proposals under section 19 (“proposals”). |
| 40 |
|
| |
|
| |
|
(2) | The provision that may be made includes provision— |
| |
(a) | about the information to be included in, or provided in relation to, the |
| |
| |
(b) | about consultation on the proposals; |
| |
(c) | about the manner in which proposals are to be published under section |
| 5 |
| |
(d) | for the making of objections to or comments on the proposals; |
| |
(e) | requiring the proposals to be considered with related proposals |
| |
published under section 19 or any other enactment; |
| |
(f) | for the consideration and determination of the proposals by a |
| 10 |
prescribed person (who may be the person who published the |
| |
| |
(g) | for the referral of proposals to the adjudicator in prescribed cases for |
| |
consideration and determination by him (instead of by a person |
| |
prescribed by virtue of paragraph (f)); |
| 15 |
(h) | for the referral of proposals to the adjudicator, at the request of a |
| |
prescribed person, after their initial determination by a person other |
| |
| |
(i) | for the approval of proposals with or without modification; |
| |
(j) | for the making in prescribed cases of a conditional approval; |
| 20 |
(k) | for the withdrawal of proposals; |
| |
(l) | as to the manner in which, and time within which, anything required |
| |
or authorised by the regulations must be done. |
| |
(3) | The regulations may confer functions on the local education authority, on any |
| |
other local education authority affected by the proposals, on the governing |
| 25 |
body of the school concerned and on the adjudicator. |
| |
(4) | Regulations made by virtue of subsection (2)(g) may enable the Secretary of |
| |
State by direction to require proposals to be referred to the adjudicator. |
| |
(5) | In relation to any proposals for a school to cease to be an establishment which |
| |
admits pupils of one sex only, regulations under this section may enable the |
| 30 |
local education authority or the adjudicator to make a transitional exemption |
| |
order for the purposes of section 27 of the Sex Discrimination Act 1975 (c. 65) |
| |
(exception for single-sex establishments turning co-educational), and to vary |
| |
or revoke any order so made. |
| |
(6) | The regulations may require any person exercising functions under the |
| 35 |
regulations to have regard to any guidance given from time to time by the |
| |
| |
22 | Right of governing body to determine own foundation proposals |
| |
(1) | Subsection (3) applies to proposals which are published under section 19 by the |
| |
governing body of a community, voluntary controlled or community special |
| 40 |
school and relate only to— |
| |
(a) | a change of category from community or voluntary controlled school to |
| |
foundation school, without the acquisition of a foundation or a relevant |
| |
change in the instrument of government, or |
| |
(b) | a change of category from community special school to foundation |
| 45 |
special school, without the acquisition of a foundation. |
| |
|
| |
|
| |
|
(2) | For the purposes of this section a “relevant change” in the instrument of |
| |
government of a school is a change which results in the majority of governors |
| |
being foundation governors. |
| |
(3) | In relation to proposals to which this subsection applies, regulations under |
| |
| 5 |
(a) | must provide for the proposals to be determined by the governing |
| |
| |
(b) | may not make any provision under subsection (2)(g) or (h) of that |
| |
section enabling the proposals to be referred to the adjudicator. |
| |
(4) | Subsection (5) applies to— |
| 10 |
(a) | proposals which are published under section 19 by the governing body |
| |
of a community or voluntary controlled school and relate only to a |
| |
change of category from community or voluntary controlled school to |
| |
foundation school, together with the acquisition of a foundation or a |
| |
relevant change in the instrument of government (or both), |
| 15 |
(b) | proposals which are published under that section by the governing |
| |
body of a community special school and relate only to a change of |
| |
category from community special school to foundation special school, |
| |
together with the acquisition of a foundation or together with both the |
| |
acquisition of a foundation and a relevant change in the instrument of |
| 20 |
| |
(c) | proposals which are published under that section by the governing |
| |
body of a foundation or foundation special school and relate only to the |
| |
acquisition of a foundation or a relevant change in the instrument of |
| |
| 25 |
(5) | In relation to proposals to which this subsection applies, regulations under |
| |
| |
(a) | must provide for the proposals to be determined by the governing body |
| |
unless the local education authority exercise the right conferred on |
| |
them by regulations made by virtue of section 23(1), and |
| 30 |
(b) | may not make any provision under subsection (2)(g) or (h) of section 21 |
| |
enabling a person other than the local education authority to require |
| |
the proposals to be referred to the adjudicator. |
| |
23 | Rights of interested bodies in relation to proposals under section 21 |
| |
(1) | Any regulations under section 21 which enable any proposals falling within |
| 35 |
subsection (2) which are published by the governing body of the school to |
| |
which they relate to be determined by the governing body must include |
| |
provision by virtue of subsection (2)(g) of that section enabling the local |
| |
education authority to require the proposals to be referred to the adjudicator. |
| |
(2) | Proposals fall within this section if the proposed alteration would result in a |
| 40 |
community, voluntary controlled or foundation school or community or |
| |
foundation special school becoming either or both of the following— |
| |
(a) | a foundation or foundation special school having a foundation |
| |
established otherwise than under SSFA 1998; |
| |
(b) | a foundation or foundation special school whose instrument of |
| 45 |
government provides for the majority of governors to be foundation |
| |
| |
|
| |
|
| |
|
(3) | Regulations under section 21 may restrict the matters to which a local |
| |
education authority may have regard in deciding whether to require proposals |
| |
to be referred to the adjudicator in accordance with provision included in the |
| |
regulations by virtue of subsection (1). |
| |
(4) | If regulations under section 21 provide for any proposals, other than proposals |
| 5 |
to which section 22(3) or (5) applies, to be determined by a person other than |
| |
the adjudicator, the regulations must include provision by virtue of section |
| |
21(2)(h) enabling each of the following persons to require the proposals to be |
| |
referred to the adjudicator after their initial determination by the other |
| |
| 10 |
(a) | the Diocesan Board of Education for any diocese of the Church of |
| |
England any part of which is comprised in the area of the authority, |
| |
(b) | the bishop of any diocese of the Roman Catholic Church any part of |
| |
which is comprised in the area of the authority, and |
| |
(c) | where the proposals relate to the provision of education for persons |
| 15 |
aged 14 or over, the Learning and Skills Council for England. |
| |
(5) | If regulations under section 21 provide for any proposals published by a local |
| |
education authority in relation to a foundation or voluntary school or a |
| |
foundation special school to be determined by the local education authority, |
| |
the regulations must include provision by virtue of subsection (2)(h) of that |
| 20 |
section enabling each of the following persons to require the proposals to be |
| |
referred to the adjudicator after their initial determination by the authority— |
| |
(a) | the governing body of the school, and |
| |
(b) | the trustees of the school. |
| |
(6) | In this section “proposals” means proposals under section 19. |
| 25 |
24 | Proposals under section 19: implementation |
| |
(1) | Regulations may make provision in connection with the implementation of— |
| |
(a) | proposals under section 19 which have been approved in accordance |
| |
with regulations under section 21, or |
| |
(b) | proposals under section 19 in respect of which approval in accordance |
| 30 |
with those regulations is not required, and which the person making |
| |
the proposals has determined to implement. |
| |
(2) | Regulations under this section may, in particular— |
| |
(a) | enable a prescribed person to determine in prescribed cases that |
| |
proposals are not to be implemented or are to be implemented with |
| 35 |
| |
(b) | enable prescribed matters relating to the implementation of proposals |
| |
to be referred to the adjudicator in prescribed cases, and |
| |
(c) | make provision about the manner in which, and time within which, |
| |
anything required or authorised by the regulations must be done. |
| 40 |
(3) | Regulations under this section relating to an alteration falling within |
| |
subsection (2)(a), (b) or (c) of section 18 may include provision with respect |
| |
| |
(a) | the revision or replacement of the school’s instrument of government |
| |
and the reconstitution of its governing body, |
| 45 |
(b) | the transfer of property, rights and liabilities (including such a transfer |
| |
to or from a foundation body or trustees), |
| |
|
| |
|
| |
|
(c) | the transfer of staff, and |
| |
(d) | any transitional matters. |
| |
(4) | Regulations made under this section by virtue of subsection (3)(b) in relation |
| |
to an alteration falling within section 18(2)(a) may, in particular, make |
| |
provision with respect to— |
| 5 |
(a) | restricting the disposal by a local authority of land which is used or |
| |
held for the purposes of a school in relation to which proposals to |
| |
change category are, or may be, published under section 19, as from— |
| |
(i) | the date of publication of such proposals, or |
| |
(ii) | such other time as may be prescribed, |
| 10 |
(b) | restricting the taking of action by virtue of which any such land would |
| |
cease to be so used or held to any extent, |
| |
(c) | the consequences of any contravention of any such restriction as is |
| |
mentioned in paragraph (a) or (b), and |
| |
(d) | conferring on any prescribed body such functions as may be prescribed |
| 15 |
with respect to any such contravention. |
| |
(5) | Regulations made under this section by virtue of subsection (3)(b) in relation |
| |
to an alteration falling within section 18(2)(a) may also make provision with |
| |
| |
(a) | the division and apportionment of property, rights and liabilities any |
| 20 |
part of which fall to be transferred by or under the regulations where |
| |
the property has been used or held, or the rights or liabilities have been |
| |
acquired or incurred, for the purposes of more than one school or for |
| |
the purposes of one or more schools and for other purposes, |
| |
(b) | excluding from transfer in certain circumstances property, rights and |
| 25 |
liabilities which would otherwise fall to be transferred under any such |
| |
| |
(c) | identifying and defining the property, rights and liabilities which fall to |
| |
| |
(d) | requiring prescribed persons to enter into agreements and execute |
| 30 |
| |
(e) | the resolution of disputes relating to a transfer, |
| |
(f) | the construction of agreements, |
| |
(g) | the position of third parties affected by a transfer, |
| |
(h) | the production or delivery of documents, or the provision of |
| 35 |
information, by a prescribed person to another prescribed person, and |
| |
(i) | enabling a certificate issued by a prescribed person to be conclusive |
| |
evidence as to whether or not any property, rights or liabilities were |
| |
transferred by virtue of the regulations. |
| |
(6) | Regulations under this section may require any prescribed person, in |
| 40 |
exercising functions under the regulations, to have regard to any guidance |
| |
given from time to time by the Secretary of State. |
| |
(7) | Regulations under this section may, in particular, make provision |
| |
corresponding to that made by, or that which may be made by regulations |
| |
under, any provision of paragraphs 21 to 31 of Schedule 2 (implementation of |
| 45 |
proposals for establishment or discontinuance). |
| |
(8) | A school’s change of category in pursuance of proposals published under |
| |
section 19 is not to be taken as authorising any change in the religious character |
| |
of the school, or the acquisition or loss of religious character. |
| |
|
| |
|