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 2 — Establishment, discontinuance or alteration of schools
8

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Proposals under section 7 relating to community or community special
schools
(1)
A local education authority may by virtue of subsection (5)(b)(ii) of section 7
publish proposals under that section for the establishment of a community or
community special school—
5
(a)
only if at a prescribed time prescribed conditions are met in relation to
the authority, and
(b)
except where further prescribed conditions are also met in relation to
the authority at that time, only with the consent of the Secretary of
State.
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(2)
The conditions prescribed for the purposes of subsection (1)(a) or (b) must
include conditions relating to the standards achieved by the authority in
performing the functions to which Chapter 4 of Part 8 (inspection and review
of local authorities in England) applies.
(3)
The other conditions that may be prescribed for those purposes are conditions
15
relating to either or both of the following—
(a)
the standards of performance achieved by any relevant school, and
(b)
the extent of diversity among relevant schools.
(4)
The matters to which the Secretary of State is to have regard in determining
whether to give consent under subsection (1)(b) include prescribed matters.
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(5)
The power by virtue of subsection (2) or (3)(a) to prescribe standards includes
power to prescribe them by reference to the opinion of the Chief Inspector or
by reference to any rating awarded by the Chief Inspector following an
inspection or review under any enactment.
(6)
In this section—
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“Chief Inspector” means Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;
“maintained school” does not include a maintained nursery school;
“relevant school”, in relation to a local education authority, means a
maintained school maintained by the authority or an Academy, city
30
technology college or city college for the technology of the arts in the
area of the authority.
9
Consultation and publicity in relation to notice and proposals under section 7
(1)
Before publishing a notice under section 7, the local education authority must
consult such persons as appear to the authority to be appropriate; and in
35
discharging their duty under this subsection the authority must have regard to
any guidance given from time to time by the Secretary of State.
(2)
Regulations may require the local education authority to take prescribed steps
for the purpose of promoting public awareness of any proposals published by
them under section 7.
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10
Publication of proposals with consent of Secretary of State
(1)
A local education authority in England may with the consent of the Secretary
of State publish under this section their proposals to establish (otherwise than
pursuant to a notice under section 7)—
(a)
a new community or community special school, or
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Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
9

(b)
a new foundation or foundation special school, other than one
providing education suitable only to the requirements of persons above
compulsory school age.
(2)
Any persons (“proposers”) may with the consent of the Secretary of State
publish under this section their proposals to establish (otherwise than
5
pursuant to a notice under section 7) a new foundation, voluntary or
foundation special school in England other than—
(a)
one providing education suitable only to the requirements of persons
above compulsory school age, or
(b)
one in relation to which proposals fall to be published under section 11
10
by virtue of subsection (2)(b) or (c) of that section.
(3)
Proposals under this section must—
(a)
contain such information, and
(b)
be published in such manner,

as may be prescribed.
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(4)
Before publishing any proposals under this section, the local education
authority or proposers (as the case may be) must consult such persons as
appear to them to be appropriate; and in discharging their duty under this
subsection the authority or proposers must have regard to any guidance given
from time to time by the Secretary of State.
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(5)
Where any proposals are published under subsection (2), the proposers must
submit the proposals in accordance with regulations to the local education
authority who it is proposed should maintain the school.
(6)
Schedule 2 has effect in relation to the consideration, approval and
implementation of proposals under this section.
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11
Publication of proposals to establish maintained schools: special cases
(1)
Where a local education authority in England propose to establish—
(a)
a new maintained nursery school, or
(b)
a new foundation or foundation special school providing education
suitable only to the requirements of persons above compulsory school
30
age,

the authority must publish their proposals under this section.
(2)
Where any persons (“proposers”) propose to establish a new foundation,
voluntary or foundation special school in England which—
(a)
is to provide education suitable only to the requirements of persons
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above compulsory school age,
(b)
is to replace an independent school that is not an Academy, a city
technology college or a city college for the technology of the arts, or
(c)
in the case of a new foundation special school, is to replace a non-
maintained special school,
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they must publish their proposals under this section.
(3)
A new foundation, voluntary or foundation special school is not to be regarded
for the purposes of subsection (2)(b) as replacing an independent school
unless—
(a)
the independent school has been registered under Chapter 1 of Part 10
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of EA 2002 (regulation of independent schools) for a continuous period

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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of at least two years ending with the date of the publication of the
proposals under this section, and
(b)
it is proposed that the independent school should continue in existence
but should then close as an independent school immediately before the
proposals are implemented.
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(4)
A new foundation special school is not to be regarded for the purposes of
subsection (2)(c) as replacing a non-maintained special school unless—
(a)
the non-maintained special school has been approved under section
342 of EA 1996 (approval of non-maintained special schools) for a
continuous period of at least two years ending with the date of the
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publication of the proposals, and
(b)
it is proposed that the non-maintained special school should continue
in existence but should then close as a non-maintained special school
immediately before the proposals are implemented.
(5)
Proposals under this section must—
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(a)
contain such information, and
(b)
be published in such manner,

as may be prescribed.
(6)
Before publishing any proposals under this section, the authority or proposers
(as the case may be) must consult such persons as appear to them to be
20
appropriate; and in discharging their duty under this subsection the authority
or proposers must have regard to any guidance given from time to time by the
Secretary of State.
(7)
Where any proposals are published under subsection (2), the proposers must
submit the proposals in accordance with regulations to the local education
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authority who it is proposed should maintain the school.
(8)
Schedule 2 has effect in relation to the consideration, approval and
implementation of proposals under this section.
(9)
In this section “non-maintained special school” means a school which is
approved by the Secretary of State under section 342 of EA 1996.
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12
Establishment of school as federated school
(1)
Proposals under—
(a)
section 7, 10 or 11, or
(b)
section 113A of the Learning and Skills Act 2000 (c. 21),

for the establishment of a new school in England may relate to the
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establishment of the school as a federated school.
(2)
In this section “federated school” has the meaning given by section 24(2) of EA
2002.
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Schools established outside area of relevant LEA
Regulations may modify the provisions of sections 7 to 12 and Schedule 2 in
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their application to cases where—
(a)
in the case of proposals published under section 7, the school is
proposed to be established in an area in England other than that of the

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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local education authority who published the notice under that section,
or
(b)
in the case of proposals published under section 10 or 11, the school is
proposed to be established in an area in England other than that of the
local education authority who it is proposed should maintain the
5
school.
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LEA in England not to establish school in Wales
No proposals may be published under this Part or any other enactment for the
establishment of a school in Wales which is proposed to be maintained by a
local education authority in England.
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Discontinuance of schools
15
Proposals for discontinuance of schools maintained by local education
authority
(1)
Where a local education authority in England propose to discontinue—
(a)
a community, foundation or voluntary school,
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(b)
a community or foundation special school, or
(c)
a maintained nursery school,

the authority must publish their proposals under this section.
(2)
Where the governing body of—
(a)
a foundation or voluntary school in England, or
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(b)
a foundation special school in England,

propose to discontinue the school, the governing body must publish their
proposals under this section.
(3)
Proposals under this section must—
(a)
contain such information, and
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(b)
be published in such manner,

as may be prescribed.
(4)
The matters to which the relevant body must have regard in formulating any
proposals under this section in relation to a rural primary school include—
(a)
the likely effect of the discontinuance of the school on the local
30
community,
(b)
the availability, and likely cost to the local education authority, of
transport to other schools,
(c)
any increase in the use of motor vehicles which is likely to result from
the discontinuance of the school, and the likely effects of any such
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increase, and
(d)
any alternatives to the discontinuance of the school;

and in considering these matters the relevant body must have regard to any
guidance given from time to time by the Secretary of State.
(5)
Where any proposals are published under subsection (2), the persons making
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the proposals must submit the proposals in accordance with regulations to the
local education authority.

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(6)
Schedule 2 has effect in relation to the consideration, approval and
implementation of proposals published under this section.
(7)
In this section—
(a)
“the relevant body” means the local education authority mentioned in
subsection (1) or the governing body mentioned in subsection (2) (as
5
the case may be);
(b)
“rural primary school” means a primary school designated as such for
the purposes of this section by an order made by the Secretary of State.
(8)
In this Part any reference to a local education authority—
(a)
discontinuing a school, or
10
(b)
implementing proposals to discontinue a school (whether published by
the authority or the governing body),

is a reference to the authority ceasing to maintain the school.
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Consultation in relation to proposals under section 15
(1)
Before publishing any proposals under section 15 which relate to a school
15
which is a rural primary school or a community or foundation special school,
the relevant body must consult—
(a)
the registered parents of registered pupils at the school,
(b)
in the case of the rural primary school—
(i)
the local education authority (where they are not the relevant
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body),
(ii)
where the local education authority are a county council, any
district council for the area in which the school is situated, and
(iii)
any parish council for the area in which the school is situated,
(c)
in the case of a community or foundation special school, any local
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education authority which maintain a statement under section 324 of
EA 1996 (statement of special educational needs) in respect of a
registered pupil at the school, and
(d)
such other persons as appear to the relevant body to be appropriate.
(2)
Before publishing any other proposals under section 15, the relevant body
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must consult such persons as appear to them to be appropriate.
(3)
In discharging their duty under subsection (1) or (2) the relevant body must
have regard to any guidance given from time to time by the Secretary of State.
(4)
In this section “the relevant body” and “rural primary school” have the same
meaning as in section 15.
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17
Direction requiring discontinuance of community or foundation special
school
(1)
The Secretary of State may, if he considers it expedient to do so in the interests
of the health, safety or welfare of pupils at a community or foundation special
school in England, give a direction to the local education authority by whom
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the school is maintained requiring the school to be discontinued on a date
specified in the direction.
(2)
A direction under subsection (1) may require the local education authority to
notify any persons or class of persons specified in the direction.

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(3)
Before giving a direction under subsection (1), the Secretary of State must
consult—
(a)
the local education authority,
(b)
any other local education authority who would in his opinion be
affected by the discontinuance of the school,
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(c)
in the case of a foundation special school which has a foundation, the
person who appoints the foundation governors, and
(d)
such other persons as the Secretary of State considers appropriate.
(4)
On giving a direction under subsection (1), the Secretary of State must give
notice in writing of the direction to the governing body of the school and its
10
head teacher.
(5)
Where a 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 section 15 or 28 applies to any such discontinuance of
the school under this section.
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Alterations to schools
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Alterations that may be made under section 19
(1)
Regulations may prescribe alterations to maintained schools that may be
implemented in pursuance of proposals published under section 19.
(2)
The prescribed alterations must include any alteration that involves one or
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more of the following—
(a)
in the case of a school falling within any of the categories set out in
section 20(1) of SSFA 1998, any change in the category within which the
school falls (other than a change prevented by subsection (4)(c) to (f) of
this section),
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(b)
the acquisition by a foundation or foundation special school of a
foundation established otherwise than under SSFA 1998, and
(c)
in the case of a school whose instrument of government does not
provide for a majority of the governing body to be foundation
governors, any change in the instrument of government which results
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in the majority of governors being foundation governors.
(3)
The prescribed alterations may include other alterations of any nature (other
than those prevented by subsection (4)).
(4)
None of the following alterations may be made to a maintained school—
(a)
any change in the religious character of the school,
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(b)
any change whereby the school would acquire or lose a religious
character,
(c)
any change of category from foundation or voluntary school to
community school,
(d)
any change of category from foundation special school to community
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special school,
(e)
any change of category from mainstream school to community or
foundation special school or from community or foundation special
school to mainstream school,

Education and Inspections Bill
Part 2 — Establishment, discontinuance or alteration of schools
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(f)
any change from maintained nursery school to any other kind of
maintained school, or from any other kind of maintained school to
maintained nursery school.
(5)
In subsection (4)(e) “mainstream school” means community, foundation or
voluntary school.
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Publication of proposals for alteration of school
(1)
Where—
(a)
the local education authority propose to make a prescribed alteration to
a maintained school, and
(b)
the prescribed alteration is one that under subsection (2) is capable of
10
being proposed by a local education authority,

the authority must publish their proposals under this section.
(2)
A prescribed alteration is capable of being proposed by a local education
authority if—
(a)
in the case of a community school, a community special school or a
15
maintained nursery school, it is an alteration designated by regulations
under this subsection as one capable of being proposed by the local
education authority,
(b)
in the case of a foundation or voluntary school, it consists of any one or
more of the following—
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(i)
an enlargement of the premises,
(ii)
an increase in the number of pupils in any relevant age group,
(iii)
the establishment or discontinuance of educational provision
for pupils with special educational needs, and
(iv)
the establishment of educational provision suitable to the
25
requirements of pupils over compulsory school age, and
(c)
in the case of a foundation special school, it consists of any one or more
of the following—
(i)
an enlargement of the premises,
(ii)
an increase in the number of pupils for whom the school is
30
organised to make provision, and
(iii)
a change in the type of special educational needs for which the
school is organised to make provision.
(3)
Where—
(a)
the governing body of a maintained school propose to make a
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prescribed alteration to the school, and
(b)
in the case of a community school, a community special school or a
maintained nursery school, the prescribed alteration is designated by
regulations under this subsection as one capable of being proposed by
the governing body,
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the governing body must publish their proposals under this section.
(4)
If at any time the governing body of a voluntary aided school are unable or
unwilling to carry out their obligations under Schedule 3 to SSFA 1998
(funding of foundation, voluntary and foundation special schools), they must
publish proposals under this section for the school to become either a
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voluntary controlled school or a foundation school, as the governing body may
determine.