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Education and Inspections Bill


Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools

15

 

(5)   

This section has effect subject to section 20.

(6)   

In this section—

“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

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(b)   

the person or persons by whom the foundation governors are

appointed.

 

School

Prescribed alteration

 
 

1. A foundation school which,

A relevant change in the

 
 

immediately before the

instrument of government.

 

15

 

commencement date, was a

  
 

foundation school having a

  
 

foundation.

  
 

2. A voluntary school.

A change of category from

 
  

voluntary controlled school or

 

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voluntary aided school to

 
  

foundation school.

 
 

3. A foundation school which,

A relevant change in the

 
 

having been a voluntary school

instrument of government.

 
 

immediately before the

  

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commencement date, changed

  
 

category to foundation school

  
 

on or after that date.

  

(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.

(3)   

In this section—

“the commencement date” means the day on which this Part comes into

force, otherwise than merely for the purpose of enabling orders or

regulations to be made;

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“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”).

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Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools

16

 

(2)   

The provision that may be made includes provision—

(a)   

about the information to be included in, or provided in relation to, the

proposals;

(b)   

about consultation on the proposals;

(c)   

about the manner in which proposals are to be published under section

5

19;

(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

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prescribed person (who may be the person who published the

proposals);

(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));

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(h)   

for the referral of proposals to the adjudicator, at the request of a

prescribed person, after their initial determination by a person other

than the adjudicator;

(i)   

for the approval of proposals with or without modification;

(j)   

for the making in prescribed cases of a conditional approval;

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(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

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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

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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

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regulations to have regard to any guidance given from time to time by the

Secretary of State.

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

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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

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special school, without the acquisition of a foundation.

 
 

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools

17

 

(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

section 21

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(a)   

must provide for the proposals to be determined by the governing

body, and

(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—

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(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),

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(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

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government, and

(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

government (or both).

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(5)   

In relation to proposals to which this subsection applies, regulations under

section 21

(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

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(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

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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

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government provides for the majority of governors to be foundation

governors.

 
 

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools

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(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

person—

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(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.

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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

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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

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modifications,

(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.

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(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

to—

(a)   

the revision or replacement of the school’s instrument of government

and the reconstitution of its governing body,

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(b)   

the transfer of property, rights and liabilities (including such a transfer

to or from a foundation body or trustees),

 
 

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools

19

 

(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

respect to—

(a)   

the division and apportionment of property, rights and liabilities any

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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

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liabilities which would otherwise fall to be transferred under any such

transfer,

(c)   

identifying and defining the property, rights and liabilities which fall to

be transferred,

(d)   

requiring prescribed persons to enter into agreements and execute

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instruments,

(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

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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

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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

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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.

 
 

 
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