Education Act 1993 (c. 35)

(The document as of February, 2008)

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(2) References in this Act to an interest in land include any easement, right or charge in, to or over land.

(3) This Act shall be construed as one with the [1944 c. 31.] Education Act 1944; but where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that Act shall not apply for the purposes of that provision.

(4) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of "appropriate diocesan authority", the Secretary of State shall consult the bishop for the diocese.

306 Index

The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.

Expression	Relevant provision
admission for nursery education (in Part II)	section 155(5)
admission to school (in Part II)	section 155(6)
alterations	section 305(1)
appropriate appointing authority (in Part V)	section 204(2)
appropriate authority (in Part V)	section 204(2)
appropriate diocesan authority (in relation to a Church of England, Church in Wales or Roman Catholic Church school)	section 305(1)
authority responsible for election arrangements under the Education (No. 2) Act 1986 (in Chapter V of Part II)	section 80(2)
capital grants	sections 83(1) and 89
the chairmen's panel (in Part III)	section 177(2)
change in character of a school (in Part II)	section 103(1)
character of school (in Part II)	section 155(3)
child (in Part III)	section 156(5)
Church in Wales school	section 305(1)
Church of England school	section 305(1)
contract of employment	section 305(1)
core governor	section 122 and Schedule 8
date of publication of proposals (in Part II)	section 155(7)
date of implementation of proposals for acquisition of grant-maintained status	section 37(2)
date of implementation of proposals for establishment of new grant-maintained school	section 54
dissolution date (in sections 111 to 116)	section 111(6)
education associations	section 218(2)
eligible governor (in Part II)	paragraph 4 of Schedule 7
employed, employee, employer	section 305(1)
employed to work at a school (in Part II)	section 155(9)
employed to work solely at a school (in Part II)	section 155(10)
financial year	section 305(1)
first governor (in Part II)	paragraphs 7 and 12 of Schedule 7
foundation governor (in Part II)	paragraphs 8 and 13 of Schedule 7
functions	section 305(1)
funding authority	section 5
governing body (during transition to grant-maintained status)	sections 34(2)
governing body in liquidation (in sections 111 to 116)	section 111(3)
governor of an elected category (in Part II)	paragraph 3 of Schedule 7
grant-maintained school	sections 22(1) and 221(4)
grant-maintained school formerly conducted by a governing body in liquidation (in sections 111 to 116)	section 111(5)
grant-maintained special school	sections 182(3) and 187(3)(b)
grant regulations (in Chapter VI of Part II)	section 81(2)
incorporation date (in Part II)	sections 37(5) and 54
incorporation date (in Part III)	section 183(8) and 186(3)
initial governor (in Part II)	paragraph 2 of Schedule 7
inspection by a member of the Inspectorate (in Part V)	section 204(2)
interest in land	section 305(2)
land	section 305(1)
the lay panel (in Part III)	section 177(2)
learning diffi
premises (in Part II)	section 155(1)
prescribed	section 305(1)
the President (in Part III)	section 177(2)
procedure applicable under the Education (No. 2) Act 1986 (in Chapter V of Part II)	section 80(3)
promoters (in Part II)	section 49(1)
proposals (in Chapter VII of Part II)	section 103(3)
proposals for acquisition of grant-maintained status	section 22(2)
proposals for the establishment of a new grant-maintained school	section 22(2)
prospectively disqualified (in Chapter V of Part II)	section 80(4)
pupil referral unit	section 298(2)
the purposes of the school (in Chapter VI of Part II)	section 81(4)
reception class (in Part II)	section 155(1)
registered, in relation to parents or pupils, etc. (in Part II)	section 155(1)
regulations	section 305(1)
relevant age group (in Part II)	section 155(4)
relevant education	section 12(7)
relevant particulars (in relation to a proposed initial governor of a grant-maintained school)	section 37(4)
Roman Catholic Church school	section 305(1)
school attendance order	section 192(3)
school property (in sections 111 to 116)	section 111(4)
school which is eligible for grant-maintained status (in Part II)	section 23
schools the governing bodies of which are incorporated under Chapter II of Part II	section 221(5)
schools the governing bodies of which are incorporated under Chapter IV of Part II	section 221(7)
section 9 inspection (in Part V)	section 204(2)
section 105 loan liabilities (in sections 111 to 116)	section 111(7)
special educational needs	section 156(1)
special educational provision	section 156(4)
special measures (in Part V)	section 204(3)
special purpose grants	sections 82(1) and 88
special school	section 182(1)
sponsor governor (in Part II)	paragraphs 9 and 14 of Schedule 7
teacher governor (in Part II)	paragraphs 6 and 11 of Schedule 7
transfer date (in Part V)	section 220(2)
the Tribunal (in Part III)	section 177(1)

307 Amendments etc

(1) Schedule 19 to this Act (which makes minor and consequential amendments) shall have effect.

(2) Schedule 20 to this Act (which makes transitional provisions and savings) shall have effect.

(3) The enactments mentioned in Schedule 21 to this Act are repealed to the extent mentioned in the third column.

308 Short title, commencement, etc

(1) This Act may be cited as the Education Act 1993.

(2) The Education Acts 1944 to 1992 and this Act may be cited together as the Education Acts 1944 to 1993 (referred to in this Act as "the Education Acts").

(3) This Act (other than sections 240, 301 to 303, 305, 306 and this section) 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) Subject to subsection (5) below, this Act extends to England and Wales only.

(5) The amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

SCHEDULES

Sections 3 and 4.

SCHEDULE 1 The funding authorities

Supplementary powers

1 (1) Subject to sub-paragraph (2) below, a funding authority may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular--

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(d) accepting gifts of money, land or other property.

(2) A funding authority shall not borrow money.

2 (1) The Secretary of State may authorise a funding authority to purchase compulsorily any land required for the purpose of implementing any proposals under section 48, 49 or 97 of this Act which are required to be implemented.

(2) The [1981 c. 67.] Acquisition of Land Act 1981 shall apply to compulsory purchase under this paragraph.

Tenure of members

3 (1) A person shall hold and vacate office as a member of a funding authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member of a funding authority.

4 If the Secretary of State is satisfied that a member of a funding authority--

(a) has been absent from meetings of the authority for a period longer than six consecutive months without the permission of the authority, or

(b) is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

5 (1) A funding authority--

(a) shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine, and

(b) shall, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(2) If a person ceases to be a member of a funding authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the authority to make to that person a payment of such amount as the Secretary of State may determine.

(3) A funding authority shall pay to the members of any of their committees who are not members of the authority such travelling, subsistence and other allowances as the Secretary of State may determine.

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

6 (1) A funding authority may, with the approval of the Secretary of State as to numbers, appoint such employees as they think fit on such terms and conditions as to remuneration and other matters as the authority may determine.

(2) A determination under sub-paragraph (1) above requires the approval of the Secretary of State given with the consent of the Treasury.

(3) An employee of a funding authority may not be appointed as a member of the authority, and a member of a funding authority may not be appointed as an employee of the authority.

Chief officer

7 (1) One of the employees of a funding authority shall be the chief officer.

(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as to remuneration and other matters as the Secretary of State may with the consent of the Treasury determine.

(3) Each subsequent chief officer shall be appointed by the authority with the approval of the Secretary of State.

Committees

8 (1) A funding authority may establish a committee for any purpose.

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the authority.

(3) Such a committee may include persons who are not members of the authority.

(4) The authority shall keep under review the structure of committees established by them under this paragraph and the scope of each such committee's activities.

Delegation of functions

9 A funding authority may authorise the chairman, the chief officer or any committee established by them under paragraph 8 above to exercise such of their functions as they may determine.

Proceedings

10 Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to a funding authority under section 6 of this Act--

(a) a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the authority or of any of their committees, and

(b) the authority shall provide the Secretary of State with such copies of any documents distributed to members of the authority or of any of their committees as he may require.

11 The validity of any proceedings of a funding authority or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

12 Subject to the preceding provisions of this Schedule, a funding authority may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments

13 The application of the seal of a funding authority shall be authenticated by the signature--

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

(b) of one other member.

14 Every document purporting to be an instrument made or issued by or on behalf of a funding authority and to be duly executed under their seal, or to be signed or executed by a person authorised by the authority 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.

Accounts

15 (1) It shall be the duty of a funding authority--

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

(b) to prepare in respect of each financial year of the authority 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 with the approval of the Treasury 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

and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.

(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 authority is established and ending with the next following 31st March, and each successive period of twelve months.

Status of funding authorities

16 A funding authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the authority shall not be regarded as property of, or property held on behalf of, the Crown.

Section 12 etc.

SCHEDULE 2 Distribution of functions where order made under section 12

Part I Introductory

1 (1) Where an order under section 12 of this Act is in force, the Education Acts shall have effect subject to--

(a) this Schedule, and

(b) the provisions of this Act which modify the effect of any provision of those Acts, or confer new functions, in respect of any area to which such an order applies.

(2) In particular, to the extent that this Schedule governs the payments to be made to any local education authority or the governing body of any grant-maintained school in respect of charges by that authority or body for the provision of board and lodging (at a boarding school or otherwise than at school), the proviso to section 52(1) of the [1944 c. 31.] Education Act 1944 and section 111(2) to (6) of the [1988 c. 40.] Education Reform Act 1988 (charges) shall not apply; and in this Schedule section 52(1) of the Education Act 1944 and section 111(1) of the Education Reform Act 1988 are referred to as the "existing charging provisions".

Part II Functions where responsibility for providing sufficient school places is shared

Introductory

2 If an order under section 12(1)(a) of this Act applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

3 (1) If the schools providing relevant education which are available for the area are not sufficient, the funding authority shall, for the purpose of securing the availability of sufficient schools providing such education for the area, exercise their powers to make proposals for the establishment, alteration and discontinuance of schools.

(2) In performing that duty, the funding authority shall have regard to the need for securing that special educational provision is made for pupils who have special educational needs.

(3) The schools available for any area shall not be treated as sufficient for the purposes of this paragraph unless they are sufficient for the purposes of section 8(1) of the Education Act 1944 (duty of local education authority to secure availability of schools).

(4) Nothing in this paragraph requires a funding authority to take any action where to do so would not be an effective use of their resources.

(5) In this paragraph, "powers to make proposals for the establishment, alteration and discontinuance of schools" means all or any of the powers to publish proposals under sections 48, 97 or 105 of this Act or give notice of proposals under section 183 of this Act.

Part III Functions where responsibility for providing sufficient school places is transferred

Introductory

4 If an order under section 12(1)(b) of this Act applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

5 (1) The duty under section 8(1) of the [1944 c. 31.] Education Act 1944 shall be discharged by the funding authority instead of the local education authority.

(2) In discharging that duty the funding authority shall, in particular, have regard to the matters referred to in section 8(2)(c) of that Act (provision for pupils who have special educational needs).

(3) The funding authority may provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools; and, where the authority do so, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

(4) Where the governing body of a grant-maintained school provide board and lodging at the school for pupils there, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the governing body not exceeding the cost to the governing body of the provision.

6 (1) The local education authority may continue to secure the provision of relevant education falling within section 8(1) of that Act and (subject to paragraph 7 below) to secure the provision of schools for that purpose.

(2) In exercising those powers the local education authority shall, in particular, have regard to the matters referred to in section 8(2) of that Act (which include separation of primary and secondary education, and boarding accommodation for those for whom boarding is desirable).

(3) Where the local education authority--

(a) provide board and lodging at a maintained school for pupils there, or

(b) provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools,

the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

Powers to establish, maintain and alter schools

7 (1) The local education authority may not exercise the power under section 9 of that Act to establish any school, or to begin to maintain as a county school any school which is not such a school, (in both cases referred to in this paragraph as "the school in question") unless--

(a) under section 14 of the Education Act 1944 or section 12 of the [1980 c. 20.] Education Act 1980 their duty to maintain one or more other schools ceases, and

(b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools.

(2) This paragraph does not apply--

(a) to special schools,

(b) to nursery schools,

(c) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education, or

(d) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education.

8 (1) No proposals in respect of any school (referred to in this paragraph as "the school in question") published under section 13(1)(a) of the [1980 c. 20.] Education Act 1980 (proposal that existing or proposed school should be maintained as a voluntary school) may be implemented unless--

(a) under section 14 of the [1944 c. 31.] Education Act 1944 or section 12 of the Education Act 1980 the duty of the local education authority to maintain one or more other schools ceases, and

(b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools.

(2) This paragraph does not apply--

(a) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education, or

(b) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education.

Charges for board and lodging or independent education

9 (1) Sub-paragraph (3) below applies where--

(a) any pupil of compulsory school age ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school,

(b) the funding authority are of the opinion that it is not practicable for the pupil to obtain admission to any maintained or grant-maintained school which is a reasonable distance from his home and provides efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have, and

(c) the authority are of the opinion that it is appropriate for the pupil to be provided with the particular board and lodging or, as the case may be, education.

(2) Sub-paragraph (3) below also applies where--

(a) any pupil ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school, and

(b) the funding authority are of the opinion that--

(i) the conditions in sub-paragraph (1) above have been, but are no longer, met by reason only of the pupil having ceased to be of compulsory school age or sub-paragraph (1)(b) above having ceased to apply, and

(ii) it would not be desirable for the pupil to cease to be provided with the particular board and lodging or, as the case may be, education.

(3) Where this sub-paragraph applies--

(a) if board and lodging is provided by the funding authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging,

(b) if board and lodging is provided at a maintained or grant-maintained school or by a local education authority, the funding authority shall pay the whole of the charges payable to any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging, and

(c) in any other case the funding authority shall pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education.

(4) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 168 of this Act.

10 (1) This paragraph applies where any pupil ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school.

(2) If board and lodging is provided at a school maintained by the responsible education authority and the authority are of the opinion that it is desirable for the pupil to be provided with board and lodging, or board and lodging otherwise than at school is provided by the authority, (but in any of those cases paragraph 9(3) above does not apply) then--

(a) the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging, and

(b) if they are of the opinion that, in order to avoid financial hardship to the pupil's parent, the parent should not pay the whole or any part of those charges, the authority shall remit the whole or, as the case may be, that part of those charges.

(3) If board and lodging otherwise than at school is provided by the funding authority or board and lodging is provided at a grant-maintained school or a school maintained by another local education authority (but in any of those cases paragraph 9(3) above does not apply)--

(a) the responsible education authority may pay the charges payable to the funding authority, or any local education authority or governing body, under this Schedule or the existing charging provisions in respect of the board and lodging, and

(b) if they are of the opinion that it is desirable for the pupil to be provided with board and lodging, they shall pay so much (if any) of those charges as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

(4) In any other case to which this paragraph applies (but paragraph 9(3) above does not apply)--

(a) the local education authority may pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education, and

(b) if they are of the opinion that it is desirable for the pupil to be provided with board and lodging and appropriate for him to be provided with the particular board and lodging, they shall pay so much (if any) of the fees payable in respect of board and lodging as in their opinion is required to be paid by them in order to avoid financial hardship to the parent, and

(c) if they are of the opinion that it is desirable for the pupil to be provided with education otherwise than in a maintained or grant-maintained school and appropriate for him to be provided with the particular education, they shall pay so much (if any) of the fees payable in respect of the education as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

(5) In this paragraph the "responsible education authority", in relation to a pupil ordinarily resident in any area, means the local education authority for the area.

(6) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 168 of this Act.

11 (1) Where a pupil in the area for whom a statement is maintained under section 168 of this Act is attending a maintained or grant-maintained school, this paragraph applies if he is provided with board and lodging at the school or otherwise than at school and either--

(a) the school is named in the statement and--

(i) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the particular board and lodging are also provided, or

(ii) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging, or

(b) the school is not named in the statement but the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging.

(2) Where the board and lodging is provided by the responsible education authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging.

(3) Where the board and lodging is provided by the funding authority or another local education authority or at a grant-maintained school or a school maintained by another local education authority, the responsible education authority shall pay the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging.

(4) In any other case to which this paragraph applies, the responsible education authority shall pay to the person providing the board and lodging the whole of the fees in respect of the board and lodging.

(5) In this paragraph the "responsible education authority", in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part III of this Act.

12 (1) Where a pupil in the area for whom a statement is maintained under section 168 of this Act is attending a maintained or grant-maintained school and is provided with board and lodging at the school or otherwise than at school, then--

(a) where the board and lodging is provided by the responsible education authority, the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging,

(b) where the board and lodging is provided by the funding authority or another local education authority or at a grant-maintained school or a school maintained by another local education authority, the responsible education authority may pay the whole or any part of the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging, and

(c) in any other case, the responsible education authority may pay to the person providing the board and lodging the whole or any part of the fees in respect of the board and lodging.

(2) In this paragraph the "responsible education authority", in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part III of this Act.

General

13 (1) The following provisions shall not apply--

(a) sections 50 and 52 of the [1944 c. 31.] Education Act 1944 (power of LEA to provide board and lodging otherwise than at school and recovery of charges from parents),

(b) section 6(2)(a)(ii) of the [1953 c. 33.] Education (Miscellaneous Provisions) Act 1953 (payment by LEA of fees and boarding charges where pupil attends non-maintained school because of shortage of places in maintained and grant-maintained schools), and

(c) section 111 of the [1988 c. 40.] Education Reform Act 1988 (charges and remission of charges for board and lodging in maintained and grant-maintained schools).

(2) Any charges payable to the local education authority, the funding authority or the governing body of a grant-maintained school under this Schedule may be recovered summarily as a civil debt.

14 (1) Section 193 of this Act shall have effect as if for subsection (5) there were substituted--

" (5) If--

(a) within the period mentioned in subsection (3) above, the parent applies to the funding authority, or the local education authority by whom the notice was served, for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and, in the case of an application to the funding authority, notifies the local education authority by whom the notice was served of the application,

(b) the child is offered a place at the school, and

(c) either the funding authority are required under paragraph 9 of Schedule 2 to this Act to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of Schedule 2 to this Act,

that school shall be named in the order. "

(2) Section 195 of this Act shall have effect as if for subsection (3) there were substituted--

" (3) If at any time--

(a) the parent applies to the funding authority or the local education authority by whom the notice was served for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and is different from the school named in the order,

(b) the child is offered a place at the school,

(d) the parent requests the local education authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request. " .

Part IV Functions where responsibility either shared or transferred

Introductory

15 If an order under section 12(1)(a) or (b) of this Act applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

16 In relation to any power under section 48 of this Act to publish proposals for the establishment of a grant-maintained school--

(a) references to establishing a school for the purpose of providing primary education include establishing a primary school which also provides secondary education, and

(b) references to establishing a school for the purpose of providing secondary education include establishing a secondary school which also provides primary education.

17 (1) Where relevant education is only primary education--

(a) no proposals may be published under section 97 of this Act in respect of any grant-maintained school which is a secondary school or if the implementation of the proposals would cause the school to become a secondary school,

(b) no proposals may be published under section 105 of this Act in respect of any grant-maintained secondary school, and

(c) no direction may be given under section 151(2) of this Act to the governing body of any grant-maintained secondary school.

(2) Where relevant education is only secondary education--

(a) no proposals may be published under section 97 of this Act in respect of any grant-maintained school which is a primary school or if the implementation of the proposals would cause the school to become a primary school,

(b) no proposals may be published under section 105 of this Act in respect of any grant-maintained primary school, and

(c) no direction may be given under section 151(2) of this Act to the governing body of any grant-maintained primary school.

18 The funding authority shall not by virtue of paragraph 3 or 5 of this Schedule be under any duty in respect of junior pupils who have not attained the age of five years.

Boarding schools

19 The powers of the funding authority to publish proposals under sections 48 and 97 of this Act or to give notice of proposals under section 183 of this Act may, in particular, be so exercised as to secure the provision of boarding accommodation at boarding schools.

Other modifications of Part II

20 Section 96 of this Act shall have effect as if the funding authority were among the persons who may submit objections under subsection (6) of that section to proposals under that section.

21 Section 104 of this Act shall have effect as if--

(a) the reference in subsection (3) to the local education authority included the funding authority, and

(b) the funding authority were among the persons who may submit objections under subsection (7) of that section to proposals under that section.

22 Section 109 of this Act shall have effect as if--

(a) subsection (1)(a) were omitted, and

(b) the funding authority were among the persons required to be consulted under subsection (5)(b).

23 Section 149(4) of this Act shall have effect as if the reference to the Secretary of State were to the funding authority.

Sections 32 and 50.

SCHEDULE 3 Proposals for schools to become, or be established as,grant-maintained schools

Part I Proposals for acquisition of grant-maintained status

Publication of proposals and notice

1 (1) Where proposals are required to be published under section 32 of this Act, they shall be published by being--

(a) posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them,

(b) posted in at least one conspicuous place within the area served by the school, and

(c) made available for inspection at all reasonable times at the school or at any other place within that area to which members of the public may conveniently have access.

(2) Within the period of ten days beginning with the date of publication of the proposals there shall be published in at least one newspaper circulating in that area a notice in respect of the proposals containing such summary of the proposals as the governing body may think appropriate (including, in particular, the information required by sub-paragraph (3) below).

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

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