School Standards and Framework Act 1998 (c. 31)

(The document as of February, 2008)

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(ii) anything falling to be done under another such provision (such as the approval of a school organisation plan) has been done,

to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;

(g) for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the appointed day, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.

(3) Without prejudice to the generality of subsection (1) or any provision of subsection (2), regulations under subsection (1) may provide--

(a) for any relevant provision to apply (with or without modification) to, or to any description of--

(i) schools maintained by a local education authority within the meaning of the [1996 c. 56.] Education Act 1996, or

(ii) grant-maintained or grant-maintained special schools within the meaning of that Act;

(b) for any provision so applied, or any provision of the regulations, to have effect in relation to schools despite anything in their articles or instruments of government;

(c) for any reference in this Act to the appointed day to have effect instead as a reference to such day as is specified in the regulations;

and accordingly references to the appointed day in subsection (2) include, in relation to any purposes for which any provision made by virtue of paragraph (c) above has effect, references to any such other day as is mentioned in that paragraph.

(4) In paragraph (a) of subsection (3) "relevant provision" means--

(a) (in relation to sub-paragraph (i) or (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local education authority within the meaning of this Act, or

(b) (in relation only to sub-paragraph (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local education authority within the meaning of the [1996 c. 56.] Education Act 1996;

and in that paragraph and this subsection "school" includes a proposed school.

(5) The amendments that may be made under subsection (2)(g) shall be in addition (and without prejudice) to those made by any other provision of this Act.

(6) Nothing in this Act shall be read as prejudicing the generality of subsection (1).

(7) The transitional provisions and savings in Schedule 32 shall have effect.

145 Short title, commencement and extent

(1) This Act may be cited as the School Standards and Framework Act 1998.

(2) This Act shall be included in the list of Education Acts set out in section 578 of the [1996 c. 56.] Education Act 1996.

(3) Subject to subsections (4) and (5), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.

(4) The following provisions come into force on the day on which this Act is passed--

sections 1 to 4;
sections 20 and 21;
section 36(3);
section 82;
sections 84 and 85;
section 130;
sections 138, 139, 141 to 144 and this section;
Schedule 2;
Parts I and III of Schedule 11;
paragraph 224 of Schedule 30 (and section 140(1) so far as relating thereto); and
Schedule 32.

(5) The following provisions come into force on the day on which this Act is passed, but for the purposes only of the preparation of instruments of government and the constitution of governing bodies and the exercise (in relation to those or any other matters) of any power to make regulations--

sections 36(1) and (2) and 37(1) and (2); and
Schedules 9, 10 and 12.

(6) Subject to subsections (7) and (8), this Act extends to England and Wales only.

(7) Section 130(2) extends to Scotland only; and this section extends also to Scotland.

(8) The amendment or (subject to subsection (9)) repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland, and section 140 extends accordingly.

(9) The entry in Schedule 31 relating to the [1980 c. 44.] Education (Scotland) Act 1980 extends to Scotland only.

SCHEDULES

Section 11.

SCHEDULE 1 Provisions relating to an Education Action Forum

Powers

1 (1) An Education Action Forum may, subject to sub-paragraph (2), do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.

(2) A Forum shall not have power to borrow money.

Chairman

2 The members of an Education Action Forum shall elect one of their number to be chairman of the Forum, who shall hold office for such period as is specified in the order by which the Forum is established under section 10(1).

Committees

3 An Education Action Forum may--

(a) establish a committee for any purpose; and

(b) authorise any such committee to exercise such of its functions as it may determine.

Proceedings

4 The Secretary of State may by regulations make provision as to the meetings and proceedings of an Education Action Forum.

5 The validity of the proceedings of an Education Action Forum shall not be affected by a vacancy among the members or any defect in the appointment of a member.

6 Subject to the preceding provisions of this Schedule, an Education Action Forum may regulate its own procedure and that of any of its committees.

Accounts

7 (1) It shall be the duty of an Education Action Forum--

(a) to keep proper accounts and proper records in relation to the accounts,

(b) to prepare in respect of each financial year of the Forum a statement of accounts, and

(c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts shall comply with any directions given by the Secretary of State as to--

(a) the information to be contained in it,

(b) the manner in which the information contained in it is to be presented, or

(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(4) In this paragraph "financial year" means the period beginning with the date on which the Forum is established and ending with the 31st March following that date, and each successive period of twelve months.

Application of seal and proof of instruments

8 The application of the seal of an Education Action Forum shall be authenticated by the signature--

(a) of the chairman or of some other person authorised either generally or specially by the Forum to act for that purpose, and

(b) of one other member.

9 Every document purporting to be an instrument made or issued by or on behalf of an Education Action Forum and to be duly executed under the seal of the Forum, or to be signed or executed by a person authorised by the Forum to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Charitable status

10 An Education Action Forum shall be a charity which is an exempt charity for the purposes of the [1993 c. 10.] Charities Act 1993.

Section 20.

SCHEDULE 2 Allocation of existing schools to new categories

Allocation of LEA-maintained schools

1 A school which immediately before the appointed day is (within the meaning of the [1996 c. 56.] Education Act 1996)--

(a) a county school,

(b) a controlled, aided or special agreement school, or

shall become on that day a school of the category to which it is allocated by the following table.

Existing school	Allocated new category
A county school.	Community school.
A controlled school.	Voluntary controlled school.
(1) An aided school. (2) A special agreement school.	Voluntary aided school.
A maintained special school.	Community special school.

Allocation of grant-maintained and grant-maintained special schools

2 A school which immediately before the appointed day is (within the meaning of the [1996 c. 56.] Education Act 1996)--

(a) a grant-maintained school, or

(b) a grant-maintained special school,

shall become on that day a school of the category to which it is to be allocated in accordance with the following paragraphs of this Schedule.

Indicative allocation of schools within paragraph 2

3 For the purposes of this Schedule the indicative allocation of a school within paragraph 2 is shown in the following table.

Existing school

Indicative new category

(1) A grant-maintained school formerly a county or controlled school.

(2) A grant-maintained school established by the Funding Agency for Schools.

Foundation school.

(1) A grant-maintained school formerly an aided or special agreement school.

(2) A grant-maintained school established by promoters (within the meaning of Part III of the Education Act 1996).

Voluntary aided school.

A grant-maintained special school.

Foundation special school.

Any reference in the first column to a school of a particular description is a reference to a school of that description within the meaning of the Education Act 1996.

Preliminary decision by governing body as to new category

4 (1) The governing body of a school within paragraph 2 shall in the first instance take a decision (their "preliminary decision") on the question whether--

(a) to accept the school's allocation to a particular category in accordance with its indicative allocation, or

(b) to opt for it to be allocated to a different category.

(2) Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their preliminary decisions under sub-paragraph (1).

(3) Regulations under sub-paragraph (2) may, in particular, make provision--

(a) as to the consultation to be carried out by governing bodies before taking their preliminary decisions;

(b) as to the time by which governing bodies are to take such decisions;

(d) as to the provision of prescribed information to prescribed persons;

(e) authorising governing bodies to charge a fee (not exceeding the cost of supply) for prescribed documents supplied by them in pursuance of regulations made by virtue of paragraph (d);

(f) requiring the holding of ballots of registered parents in prescribed cases;

(g) enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot void and require the holding of a fresh ballot;

(h) as to the conduct of ballots held under the regulations;

(i) specifying criteria for determining, for the purposes of the regulations and this Schedule, the result of any such ballot.

Final decision by governing body as to new category

5 (1) Where--

(a) the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

(b) the result of a ballot held by virtue of that paragraph does not accord with that decision,

the governing body shall reconsider the question set out in that sub-paragraph, having regard to the result of the ballot, and shall then take a further decision on that question.

(2) Where--

(a) the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

(b) either--

(i) a ballot was held by virtue of that paragraph whose result (if any) was not to disagree with that decision, or

(ii) no such ballot was required to be held,

the governing body shall take a further decision confirming their preliminary decision.

(3) Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their final decisions (including, in particular, provision as to the time by which governing bodies are to take such decisions).

(4) In this Schedule any reference to a governing body's "final decision" is a reference to any such further decision as is required by sub-paragraph (1) or (2).

Notification of final decision

6 (1) Once the governing body of a school within paragraph 2 have taken their final decision, they shall give written notification of that decision to the Secretary of State.

(2) Regulations may make provision--

(a) requiring governing bodies--

(i) when giving such notifications, to certify such matters as may be specified in the regulations, and

(ii) to provide such information to such persons as may be so specified;

(b) as to the time by which such notifications are to be given or such information is to be provided.

Final determination of new category

7 (1) If--

(a) the final decision of the governing body of a school within paragraph 2 accorded with the school's indicative allocation, and

(b) either--

(i) a ballot was held by virtue of paragraph 4 whose result (if any) was not to disagree with that allocation, or

(ii) no such ballot was required to be held,

the school shall be allocated to the category provided for by its indicative allocation.

(2) If in the case of a school within paragraph 2--

(a) the final decision of the governing body, or

(b) the result of a ballot held by virtue of paragraph 4,

did not accord with the school's indicative allocation, the school shall be allocated to such category (whether or not that provided for by its indicative allocation) as the Secretary of State may determine in conformity with regulations under paragraph 8.

(3) The Secretary of State shall notify the governing body of each school within paragraph 2 of the category to which it is allocated in accordance with this paragraph.

Restrictions on decisions as to categories

8 Regulations may make provision for prohibiting a school of any description specified in the regulations--

(a) from being allocated under paragraph 7 to a category so specified; or

(b) from being so allocated unless such conditions are satisfied as are so specified.

Transitional arrangements: schools within paragraph 2

9 (1) Where the category to which a school within paragraph 2 is to be allocated has not been finally determined, in accordance with the preceding paragraphs of this Schedule, by the appointed day, the school shall be taken to be allocated on that day to the category provided for by its indicative allocation.

(2) Sub-paragraph (1) does not prevent such a school from being subsequently allocated to a different category in accordance with paragraph 7.

(3) Where such a school is subsequently so allocated, section 20(2)(a) shall apply to it as if it had been allocated to the category in question on the appointed day.

Transitional arrangements: general

10 (1) Regulations may make such provision as the Secretary of State considers appropriate in connection with the allocation to the new categories of maintained schools of schools--

(a) to which paragraph 9(1) applies; or

(b) whose school opening date falls on or after the date of the passing of this Act; or

(c) in relation to which a duty to implement proposals to discontinue the school has arisen, or a notice to discontinue the school has been given; or

(d) in relation to which a notice has been given under section 272 of the [1996 c. 56.] Education Act 1996 (school unsuitable to continue as grant-maintained school) which contains such a statement as is mentioned in subsection (3) or (5)(b) of that section.

(2) Regulations under sub-paragraph (1) may provide that any provision of the Education Acts shall apply to any such school with such modifications as are specified in the regulations.

Effect of allocation

11 The allocation of a school to a particular category under this Schedule shall not be taken as authorising or requiring any change as from the appointed day in the character of the school conducted by its governing body (including, in particular, any religious character of the school).

Section 22.

SCHEDULE 3 Funding of foundation, voluntary and foundation special schools

Part I Foundation, voluntary controlled and foundation special schools

Obligations of governing bodies

1 (1) The governing body of a foundation, voluntary controlled or foundation special school are (in accordance with section 22(4)) not responsible for any of the expenses of maintaining the school.

(2) Sub-paragraph (1) does not apply to the repayment of the principal of, or interest on, a loan made to the governing body.

Obligations of LEAs as regards provision of sites and buildings (otherwise than in connection with statutory proposals)

2 (1) In the case of a foundation, voluntary controlled or foundation special school, the local education authority shall provide--

(a) any new site which is to be provided in addition to, or instead of, the school's existing site (or part of its existing site), and

(b) any buildings which are to form part of the school premises.

(2) Sub-paragraph (1) does not--

(a) apply in relation to the provision of any site or buildings which the authority or promoters are required to provide by virtue of Part III of Schedule 6 (provision of premises in connection with statutory proposals); or

(b) require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

(3) Where a site is provided for a school under this paragraph, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises--

(a) to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b) if the school has no trustees, to the school's foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

(4) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

(5) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(6) Where--

(a) a transfer is made under this paragraph, and

(b) the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,

those persons shall notify the local education authority that paragraph (b) applies to them and they or their successors shall pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.

(7) In sub-paragraph (6)(b) the reference to proceeds of the sale of other premises includes a reference to--

(a) consideration for the creation or disposition of any kind of interest in other premises, including rent; and

(b) interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (6) regard shall be had to any guidance given from time to time by the Secretary of State.

(8) Any sum paid under sub-paragraph (6) shall be treated for the purposes of section 14 of the [1841 c. 38.] Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(9) A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the [1987 c. 15.] Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)--

(a) the determination is made by the Secretary of State, and

(b) he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

(10) Sub-paragraph (6) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (6)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to that sum.

(11) In this paragraph--

"the relevant purposes" means--
(a)
in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts, and
(b)
in relation to a transfer to a school's governing body, the purposes of the school;
"site" does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Part II Voluntary aided schools

Obligations of governing bodies

3 (1) In the case of a voluntary aided school, the expenses of discharging any liability incurred by or on behalf of--

(a) the governing body of the school,

(b) any former governors of the school, or

in connection with the provision of premises or specified equipment for the purposes of the school are payable by the governing body of the school.

In this sub-paragraph "specified equipment" means equipment of any description specified by the Secretary of State for the purposes of this sub-paragraph.

(2) In addition, any expenses incurred--

(a) in making to the school buildings of a voluntary aided school such alterations as may be required by the local education authority for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the [1996 c. 56.] Education Act 1996, or

(b) in effecting repairs to the school buildings, other than repairs falling within sub-paragraph (3),

are payable by the governing body of the school.

(3) The governing body of a voluntary aided school are not responsible--

(a) for repairs to the interior of the school buildings, or

(b) for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the local education authority, for purposes other than those of the school.

(4) Nothing in this paragraph imposes on the governing body of a voluntary aided school which was (either before or after the appointed day) a school of a different description any obligation in respect of a liability incurred at any time before the school became a voluntary aided school if at that time no obligation in respect of that liability was imposed on them, as the governing body of a school of that description, under this Act or the [1996 c. 56.] Education Act 1996, as the case may be.

Obligations of LEAs as regards provision of sites (otherwise than in connection with statutory proposals)

4 (1) In the case of a voluntary aided school, the local education authority shall provide any new site which is to be provided in addition to, or instead of, the school's existing site (or part of its existing site).

(2) Sub-paragraph (1) does not--

(a) apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of Part III of Schedule 6 (provision of premises in connection with statutory proposals); or

(b) require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

(a) to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b) if the school has no trustees, to the school's foundation body to be held by that body for the relevant purposes.

(4) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

(5) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(6) Where--

(a) a site is provided for a school under this paragraph, and

(b) work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,

the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.

(7) Where--

(a) a site is provided for a school under this paragraph, and

(b) there are buildings on the site which are of value for the purposes of the school,

the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body's duties under paragraph 3 with respect to the school buildings.

(8) Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.

(9) In this paragraph--

"the relevant purposes" means, in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts;
"site" does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

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