Education Act 1993 (c. 35)

(The document as of February, 2008)

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(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).

(3) The notice shall--

(a) state that proposals for acquisition of grant-maintained status have been published and submitted to the Secretary of State for approval,

(b) specify the proposed date of implementation of the proposals,

(c) state that, if the proposals are approved, the school will on that date cease to be maintained by the local education authority,

(d) state that, if the proposals are approved, the school will on and after that date be conducted by a governing body incorporated under Part II of this Act and receive annual grants from the funding authority,

(e) give the information required to be specified in the proposals by paragraph 4(1)(a) and (2)(a) below,

(f) state where the proposals may be inspected, and

(g) explain the effect of paragraph 5 below.

(4) The Secretary of State may by regulations make such provision (whether by way of modification of, or substitution for, the provisions of sub-paragraphs (1) to (3) above) as he considers appropriate in relation to--

(a) the publication of proposals for acquisition of grant-maintained status, and

(b) the publication of such notice (if any) in respect of proposals for acquisition of grant-maintained status as may be prescribed.

Statement to be annexed to proposals

2 (1) There shall be annexed to any proposals published under section 32 of this Act a statement which shall--

(a) state the result of the ballot, giving the number of votes cast in favour of seeking grant-maintained status for the school, the percentage of those eligible to vote who voted, and the number of votes cast against,

(b) state whether the school is a county, controlled, aided or special agreement school,

(c) briefly describe the existing character of the school including, in the case of a school which has a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is provided,

(d) state the number of pupils for whom accommodation can be provided at the school, and

(e) give such other information as may be prescribed.

(2) The statement so annexed shall be treated for the purposes of section 32 of this Act and of paragraph 1 above as forming part of the proposals.

Statement to accompany published proposals

3 Any proposals published under section 32 of this Act shall be accompanied by a statement which shall--

(a) describe the requirements of Part II of this Act as to the membership of the governing body of a grant-maintained school,

(b) state that the head teacher will be a governor of the school ex officio if the school becomes a grant-maintained school,

(c) explain the circumstances in which a person named in the proposals in accordance with section 71 or 73 of this Act, or regulations made by virtue of section 77 of this Act, as a proposed initial governor may be replaced under section 74 or 75 of this Act or the regulations,

(d) explain the procedure applicable under Part II of this Act in each case in which such a replacement is required,

(e) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, explain the requirements applicable under Part II of this Act in any such case,

(f) explain the effect of paragraph 5 below, and

(g) give such other information as may be prescribed.

Details of proposals

4 (1) Any proposals published under section 32 of this Act shall--

(a) where any person is proposed as a sponsor of the school, state the name of that person and the number of initial sponsor governors to be appointed by him (in accordance with section 66 of this Act),

(b) specify the number of initial parent, teacher and first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 60 to 65 of this Act),

(d) give the relevant particulars in respect of each person required by section 71 or 73 of this Act, or regulations made by virtue of section 77 of this Act, to be named in the proposals as published as a proposed initial governor,

(e) where it is proposed that any foundation governorship be held ex officio, specify the relevant office,

(f) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, state that fact and refer to the explanation given in the statement accompanying the proposals in accordance with paragraph 3(e) above,

(g) give the name under which it is proposed that the governing body should be incorporated under section 34 of this Act, and

(h) specify the proposed date of implementation of the proposals.

(2) The proposals shall describe the arrangements it is proposed to adopt, if the school becomes a grant-maintained school, in respect of--

(a) the admission of pupils to the school,

(b) the provision to be made at the school for pupils who have special educational needs, and

(c) the induction of newly qualified teachers at the school and the in-service training and professional development of teachers at the school.

(3) In giving the information required by sub-paragraph (2)(a) above, the proposals shall in particular specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the proposed date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Objections to proposals

5 Within the period of two months beginning with the date of publication of any proposals under section 32 of this Act, objections to the proposals may be submitted to the Secretary of State by any of the following--

(a) any ten or more local government electors for the area,

(b) any persons holding property on trust for the purposes of the school,

(d) any local education authority concerned.

Interpretation

6 (1) For the purposes of this Part of this Schedule, the determination of an initial governor of an elected category is pending on the date of publication of any proposals under section 32 of this Act if sub-paragraph (2) or (3) below applies.

(2) This sub-paragraph applies if an election or appointment required by section 71(7) of this Act has not been held or made by the date of publication.

(3) This sub-paragraph applies if--

(a) an election or appointment required for filling an outstanding vacancy for a governor of an elected category on the existing governing body has not been held or made by the date of publication, and

(b) the vacancy falls to be taken into account in determining whether an election or appointment is required by section 71(7) of this Act.

Part II Proposals for establishment of new grant-maintained school

Content of proposals

7 (1) Proposals published under section 48 or 49 of this Act shall--

(a) where any person is proposed as a sponsor of the school, state the name of that person and the number of sponsor governors to be appointed by him (in accordance with section 66 of this Act),

(b) specify the number of initial first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 63 to 65 of this Act),

(c) specify the number of parent and teacher governors proposed for the governing body (in accordance with sections 60 and 61 of this Act),

(d) specify in the case of initial first, initial foundation or sponsor governors their proposed term of office (not being less than five nor more than seven years),

(e) where it is proposed that any foundation governorship be held ex officio, specify the relevant office,

(f) give the name under which it is proposed that the governing body should be incorporated under section 52 of this Act, and

(g) specify the proposed incorporation date and the proposed date of implementation of the proposals.

(2) The proposals shall describe the arrangements it is proposed to adopt in respect of the admission of pupils to the school and, in particular, shall specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Statement to be annexed to proposals

8 There shall be annexed to any proposals published under section 48 or 49 of this Act a statement briefly describing the intended character of the proposed school including, in the case of proposals published under section 49 of this Act for a school which is intended to have a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is to be provided.

Statement to accompany published proposals

9 Any proposals published under section 48 or 49 of this Act shall be accompanied by a statement explaining the effect of paragraph 10 or (as the case may be) paragraph 11 below.

Objections

10 (1) Within the period of two months beginning with the date of publication of any proposals under section 48 of this Act, objections to the proposals may be submitted to the funding authority by any of the following--

(a) if the proposals are for a school which may provide education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies, the appropriate further education funding council,

(b) any ten or more local government electors for the area,

(d) any local education authority concerned.

(2) Within one month after the end of the period referred to in sub-paragraph (1) above, the funding authority shall send to the Secretary of State copies of any objections made under that sub-paragraph (and not withdrawn in writing) within the period allowed under that sub-paragraph, together with their observations on them.

11 Within the period of two months beginning with the date of publication of any proposals under section 49 of this Act, objections to the proposals may be submitted to the Secretary of State by any of the following--

(a) if the proposals are for a school which may provide education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council,

(b) the funding authority, (except, in relation to Wales, before the Schools Funding Council for Wales begin to exercise their functions),

(d) the governing body of any school affected by the proposals, and

(e) any local education authority concerned.

Approval of school premises

12 (1) Where proposals for the establishment of a new grant-maintained school are published under section 48 of this Act, the funding authority shall prepare the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below.

(2) Where proposals for the establishment of a new grant-maintained school are published under section 49 of this Act, the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below shall be submitted to the funding authority, at such time and in such form and manner as the authority may direct, by the promoters.

(3) The particulars are--

(a) particulars of the provision made or to be made in respect of the means of access to and within the proposed premises of the school, and

(b) such other particulars in respect of the proposed premises of the school as may be required or, in the case of proposals published under section 49 of this Act, as the funding authority may require.

(4) The particulars prepared or submitted under sub-paragraph (3)(a) above shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of--

(a) Design Note 18 "Access for Disabled People to Educational Buildings" published in 1984 on behalf of the Secretary of State, or

(b) if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the [1990 c. 8.] Town and Country Planning Act 1990, that document.

Section 35.

SCHEDULE 4 Acquisition of grant-maintained status: exercise of powers before date of implementation

Introductory

1 The functions conferred by or under paragraphs 2 to 5 below on the new governing body or any members of the body--

(a) may be exercised by them at any time during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals, but

(b) may be exercised only for the purpose of or in connection with the conduct of the school on or after the date of implementation of the proposals,

and those functions shall be exercised in accordance with any requirements of regulations (or in the case of paragraph 3 or 5 below, of the directions or order in question) as to the circumstances, manner and conditions of their exercise.

Powers to contract, etc.

2 The new governing body may--

(a) enter into contracts including, in particular, contracts for the employment of teachers and other staff, and

(b) acquire and dispose of land and other property.

Access to school

3 Any member of, or person authorised by, the new governing body, shall if the Secretary of State directs that this paragraph applies in relation to the school, be entitled to have access to and use the premises of the school.

Information

4 (1) If the new governing body request the existing governing body or the local education authority in writing to provide them with such information falling within sub-paragraph (2) below as may be prescribed, the existing governing body or, as the case may be, authority shall comply with the request.

(2) Information falls within this sub-paragraph if--

(a) it is held by the existing governing body or, as the case may be, the local education authority, and

(b) it relates to the school, including persons employed to work at the school and pupils at the school.

General powers of Secretary of State

5 (1) The Secretary of State may by order make such provision as he considers appropriate in connection with the school's transition to grant-maintained status and the impending transfer of responsibility for the conduct of the school.

(2) An order under sub-paragraph (1) above may in particular provide for any provision of this Act specified in the order to have effect as if references to the governing body included the new governing body.

(3) Such an order may in particular--

(a) exclude or modify any powers of the local education authority or of the existing governing body in relation to any matter to which any power exercisable by the new governing body in accordance with any provision made by virtue of sub-paragraph (2) above applies,

(b) require the new governing body to be consulted before the local education authority or the existing governing body exercise in relation to the school any function of a description so specified or take in relation to the school any action of a description so specified, and

(c) require or enable the new governing body to participate in the exercise in relation to the school of any such function or the taking in relation to the school of any such action.

Grants to new governing body

6 (1) The funding authority may make grants to the new governing body of a school in respect of expenditure incurred or to be incurred by that body in pursuance of any provision made by or under paragraphs 2 to 5 above in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals.

(2) The funding authority may impose on a new governing body to whom such a grant is made such requirements as they may from time to time determine (whether before, at or after the time when the grant is made).

(3) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

(4) That amount is--

(a) the amount of the payments made in respect of the grant, or

(b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

Liability for expenses of new governing body

7 The duty of a local education authority to maintain any school shall not apply in relation to any expenses incurred by the new governing body of the school.

Sections 55 and 117.

SCHEDULE 5 Governing bodies of grant-maintained schools

Introductory

1 In this Schedule--

"school" means a grant-maintained school, and
"instrument", in relation to a school, means the instrument of government for the school.

Election of governors

2 The instrument for a school may make provision--

(a) as to the procedure for the election of members of the governing body, and

(b) for the determination of any questions arising in connection with, or matters relating to, such elections.

Disqualification for, tenure of and removal from office

3 A person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.

4 The instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.

5 Subject to paragraph 10 below, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.

6 (1) Subject to paragraph 10 below, the instrument for a school must make the following provision for the term of office of--

(a) first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and

(b) where there are sponsor governors, those governors.

(2) Except where sub-paragraph (3), (4) or (5) below applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

(3) The initial instrument must provide, except where sub-paragraph (4) or (5) below applies--

(a) subject to paragraph (b) below, for such a governor to hold office for such term as was specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school as the proposed term of office for initial governors of the category in question, and

(b) in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.

(4) Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 67(2) of this Act is to hold office for such term (not being more than five years) as may be specified in the terms of that governor's appointment.

(5) Any first governor appointed in pursuance of provision made in the instrument by virtue of section 64 of this Act is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.

7 No provision made in the instrument by virtue of paragraph 5 or 6 above or 10 below shall be taken to prevent a governor--

(a) from being elected or appointed for a further term, or

(b) from being disqualified, by virtue of paragraph 3 above or any provision made by virtue of paragraph 4 above, for continuing to hold office.

8 The instrument for a school must provide that any member of the governing body may at any time resign his office.

9 (1) The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.

(2) For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 65(7)(b) of this Act.

Initial appointments: terms of office

10 (1) The instrument for a school must, until every initial governor has ceased to hold office, make the provision required by sub-paragraphs (2) and (3) below.

(2) In the case of a governing body incorporated under Chapter II--

(a) an initial governor of an elected category who was a governor of that category on the governing body of the school immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body, and

(b) an initial governor of an elected category who was elected under section 71, or elected or nominated under section 74, of this Act to hold office as such shall hold office for a term of four years.

(3) An initial first governor, initial foundation governor (other than a foundation governor who is a governor ex officio) or initial sponsor governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified as his proposed term of office in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

(4) In the case of a governing body incorporated under Chapter IV, the instrument for a school must, until every governor of an elected category appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office for the prescribed term.

Meetings and proceedings

11 The proceedings of the governing body of a school shall not be invalidated by--

(a) any vacancy among their number, or

(b) any defect in the election or appointment of any governor.

12 Subject to the provisions of Chapter V and any instrument of government or articles of government made under that Chapter, the governing body of a school may regulate their own procedure.

13 (1) The instrument for a school may make provision as to the meetings and proceedings of the governing body.

(2) The provision that may be made in pursuance of this paragraph includes, in particular, provision--

(a) as to the election of a chairman and vice-chairman,

(b) as to the establishment, constitution, meetings and proceedings of committees,

(c) for the delegation of the governing body's functions, in such circumstances as may be specified in the instrument, to committees established by that body or to any member of that body, and

(d) as to the procedure (including any quorum) when business is transacted by members of the governing body of a particular category.

(3) The provision mentioned in sub-paragraph (2)(b) above may provide for a committee to include persons who are not members of the governing body.

(4) The instrument shall make provision for an appeal committee for the purposes of paragraph 5(1) of Schedule 6 to this Act to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.

(5) A person is eligible to be a lay member for the purposes of sub-paragraph (4) above if--

(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(b) he does not have, or has not at any time had, any connection with--

(i) the school, or

(ii) any person who is a member of, or employed by, the governing body of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

Allowances for governors

14 (1) The governing body of a school may pay to their members such travelling, subsistence or other allowances as may be determined in accordance with a scheme made by the governing body and approved by the Secretary of State.

(2) A scheme under this paragraph may be varied or revoked by a subsequent scheme made under this paragraph.

Seal etc.

15 (1) The application of the seal of the governing body of a school must be authenticated by the signature--

(a) of the chairman of the governing body, or

(b) of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(2) Every document purporting to be an instrument made or issued by or on behalf of the governing body of a school and--

(a) to be duly executed under the seal of the governing body, or

(b) to be signed or executed by a person authorised by the governing body 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.

Sections 55 and 117.

SCHEDULE 6 Content of articles of government for grant-maintained schools

Introductory

1 In this Schedule--

"school" means a grant-maintained school, and
"articles", in relation to a school, means the articles of government for the school.

Performance and delegation of functions

2 (1) The articles must make provision as to the functions to be exercised in relation to the school by--

(a) the Secretary of State,

(b) the funding authority,

(d) any committee or other body established by the governing body,

(e) the head teacher, and

(f) any other persons specified in or determined under the articles.

(2) The articles must also include provision as to the delegation of such functions by those on whom they are imposed or conferred by or under the articles.

(3) The articles may include provision as to the establishment by the governing body of committees or other bodies of persons for the purpose of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.

Staff

3 (1) The articles must include provision as to--

(a) disciplinary rules and procedures applicable to members of the staff of the school, and

(b) procedures for giving them opportunities for seeking redress of any grievances relating to their employment.

(2) The articles must also include provision as to arrangements--

(a) for giving any member of the staff an opportunity of making representations as to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose,

(b) for requiring the governing body or any persons authorised under the articles to dismiss him to have regard to any representations made by him before taking any decision to dismiss him, and

(c) for giving any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it.

Admission and exclusion of pupils

4 The articles must--

(a) provide for the governing body to be responsible for determining the arrangements for admitting pupils to the school, and

(b) include provision as to the policy to be followed in deciding admissions.

5 (1) The articles must include provision as to arrangements for appeals (in such circumstances as may be provided by the articles) to an appeal committee constituted in accordance with the instrument of government against any decision or action taken--

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