Education Act 1993 (c. 35)

(The document as of February, 2008)

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(ii) to have regard to the desirability of the premises being made available for community use;

(c) for the governing body to have power to enter into a transfer of control agreement if their purpose, or one of their purposes, in doing so is to promote community use of the school premises outside school hours; and

(d) for the governing body so far as reasonably practicable to secure, where they enter into a transfer of control agreement, that the controlling body exercises control in accordance with any directions given to the governing body by virtue of paragraph (b)(i) above.

(2) A transfer of control agreement shall be taken to include the following terms, namely--

(a) that the governing body shall notify the controlling body of any directions given to the governing body by virtue of subsection (1)(b)(i) above;

(b) that the controlling body, in exercising control of the use of any premises subject to the agreement--

(i) shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a) above; and

(ii) shall have regard to the desirability of the premises being made available for community use outside school hours; and

(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then--

(i) the use of the specified premises at those times shall be under the control of the governing body, and

(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body.

(3) Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (2) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(4) In this section--

"community use" means the use of school premises (when not required by or in connection with the school) by members of the local community;
"the controlling body" means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
"school hours" means any time during a school session or during a break between sessions on the same day, and "outside school hours" shall be construed accordingly;
"school session", in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of this Act; and
"transfer of control agreement" means an agreement which, subject to subsection (2) above, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times outside school hours as may be so specified, of such body or person as may be so specified. "

School premises: pre-commencement agreements

6 (1) This paragraph applies in any case where--

(a) at any time before the appointed day, the governing body of a voluntary school entered, or purported to enter, into a transfer of control agreement (the "relevant agreement"),

(b) the school is a voluntary school on that day, and

(c) on that day the procedure for acquisition of grant-maintained status is not for the time being pending (as defined in section 40 of this Act) or, if it is, proposals for acquisition of grant-maintained status (within the meaning of Part II of this Act) are not approved.

(2) Any question arising as to the validity of the relevant agreement at any time on or after the appointed day shall be determined as if, at the time when the governing body entered, or purported to enter, into the agreement (and at all times thereafter), section 22 of the [1944 c. 31.] Education Act 1944 had had effect with the amendments made by paragraph 4 above.

(3) As from the appointed day, section 22 of that Act shall have effect in relation to the relevant agreement with the amendments made by paragraph 4 above, except that subsection (3D) shall so have effect with the substitution for the words "if, at the time of entering into it, the governors were of the opinion that" of the words "if and to the extent that".

(4) In their application with respect to any time before the coming into force of paragraph 6 of Schedule 1 to the [1980 c. 20.] Education Act 1980 (which removed certain references to the managers or foundation managers) the provisions of this paragraph (other than this sub-paragraph) and the amendments made by paragraph 4 above shall have effect--

(a) as if any reference to the governing body of a school included a reference to the managers of the school, and

(b) as if any reference to the foundation governors of the school included a reference to the foundation managers of the school.

(5) In its application with respect to any time before the coming into force of section 21 of the [1986 c. 61.] Education (No. 2) Act 1986, as originally enacted, the subsection (6) inserted into section 22 of the [1944 c. 31.] Education Act 1944 by paragraph 4 above shall have effect with the omission of the definition of "school session", which expression shall accordingly be given the meaning that it would have had at that time.

(6) Nothing in this Schedule shall be taken to imply that the relevant agreement would not have been valid at any time apart from this paragraph.

(7) Expressions used in this paragraph and in section 22 of the Education Act 1944, as amended by paragraph 4 above, have the same meaning in this paragraph as they have in that section as so amended.

7 (1) This paragraph applies in any case where--

(a) at any time before the appointed day, the governing body of a county or maintained special school entered, or purported to enter, into a transfer of control agreement (the "relevant agreement"),

(b) the school is a county school or, as the case may be, a maintained special school on the appointed day, and

(a) the Education (No. 2) Act 1986 had had effect with the substitution, for section 42, of the section 42 set out in paragraph 5 above, and

(b) the articles of government for the school had included the provision required by the section 42 so substituted.

(3) As from the appointed day, section 42 of that Act, as substituted by paragraph 5 above, shall have effect in relation to the relevant agreement, except that subsection (3) shall so have effect with the substitution for the words "if, at the time of entering into it, the governing body were of the opinion that" of the words "if and to the extent that".

(4) Nothing in this Schedule shall be taken to imply that the relevant agreement would not have been valid at any time apart from this paragraph.

(5) Expressions used in this paragraph and in section 42 of that Act, as substituted by paragraph 5 above, have the same meaning in this paragraph as they have in that section as so substituted.

Dissolution and discontinuance

8 (1) A governing body incorporated under section 238 of this Act are dissolved by virtue of this paragraph--

(a) if the school they conduct is discontinued,

(b) where the school becomes a grant-maintained school or grant-maintained special school, when the local education authority cease to maintain the school, or

(2) Where such a governing body conduct two or more schools, sub-paragraph (1) above applies when, in relation to each of the schools, paragraph (a), (b) or (c) is satisfied.

9 (1) Where such a governing body are to be dissolved by reason of--

(a) the discontinuance of the county, voluntary or maintained special school which they conduct, or

(b) in the case of a governing body conducting two or more such schools, the discontinuance of each such school conducted by them,

they shall have power to transfer any land or other property of theirs which is used or held for the purposes of the school to any person who provides education.

(2) Where such a governing body are so dissolved--

(a) any such land or property for which no provision has been made under sub-paragraph (1) above for transfer, and

(b) all rights and liabilities of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school in question,

shall be transferred to and, by virtue of this Act, vest in the local education authority.

(3) Sub-paragraphs (1) and (2) above do not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

10 (1) This paragraph applies where such a governing body dissolved by virtue of paragraph 8 above are the governing body of two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986.

(2) Where none of the schools in the group are discontinued, then in the case of each school formerly a member of the group--

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

(3) An order made by virtue of sub-paragraph (2) above may provide that--

(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of the schools in the group, and

(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

(4) Where not all of the schools in the group are discontinued, then in the case of each school formerly a member of the group which is not discontinued--

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

(5) An order made by virtue of sub-paragraph (4) above may provide that--

(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of any school which is to be discontinued or the schools in the group, and

(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

(6) Sub-paragraph (5) above does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

11 (1) This paragraph applies in relation to the governing body of two or more schools grouped in pursuance of a resolution under section 9 of the [1986 c. 61.] Education (No. 2) Act 1986.

(2) Where one or more schools conducted by the governing body are discontinued but the governing body are not dissolved by reason of the discontinuance, then in the case of each school formerly a member of the group which is discontinued--

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be held by the governing body for the purposes of the schools in the group.

(3) Sub-paragraph (2) above does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

(4) Where, in the case of one or more schools conducted by the governing body, new governing bodies are constituted under the Education (No. 2) Act 1986 to conduct those schools but the governing body are not dissolved by reason of the constitution of such bodies, then in the case of each school formerly a member of the group--

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

12 For the purposes of this Schedule, references to the discontinuance of a school are--

(a) to its discontinuance under section 14 of the [1944 c. 31.] Education Act 1944 (discontinuance by governors of voluntary schools), or

(b) to the local education authority ceasing to maintain it in accordance with proposals under section 12 of the [1980 c. 20.] Education Act 1980 (discontinuance of county or voluntary schools) or section 183 of this Act.

General

13 (1) Where personal data are transferred under section 238(3) of this Act to a governing body incorporated by virtue of that section--

(a) any entry made in respect of the governing body constituted immediately before the appointed day as a data user in the register maintained under section 4 of the [1984 c. 35.] Data Protection Act 1984, or

(b) any application for registration as a data user made by that body under section 6 of that Act,

shall have effect as if it were made in respect of or, as the case may be, by the governing body so incorporated.

(2) Expressions used in sub-paragraph (1) above and in that Act shall have the same meaning in that sub-paragraph as in that Act.

14 Where a transfer under section 238 of this Act or this Schedule relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.

15 Paragraphs 6 to 8 of Schedule 10 to the [1988 c. 40.] Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers effected by section 238 of this Act or this Schedule as they apply to transfers to which that Schedule applies.

Section 244.

SCHEDULE 14 School Curriculum and Assessment Authority

Status

1 The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and their property shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

2 (1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

(2) In particular, the Authority may--

(a) acquire or dispose of land or other property,

(b) enter into contracts,

(d) invest any sums not immediately required for the purpose of carrying out their functions,

(e) accept gifts of money, land or other property, and

(f) borrow money.

3 (1) The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.

(2) The Authority may give assistance under this paragraph on such terms, including terms as to payment, as they may determine.

(3) The consent of the Secretary of State shall be required for the exercise of any power conferred by this paragraph.

Chief officer

4 (1) The Authority shall have a chief officer.

(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as he thinks fit.

(3) Each subsequent chief officer shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.

Chairman and chief officer: division of functions

5 (1) The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment.

(2) The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) above on the chairman of the Authority.

Tenure of office

6 (1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the 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 or as chairman or deputy chairman of the Authority.

7 The Secretary of State may, if satisfied that a member of the Authority--

(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

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

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

8 If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to members

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

(2) The Authority 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.

(3) If a person ceases to be a member of the 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.

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

Staff

10 Subject to the approval of the Secretary of State given with the consent of the Treasury, the Authority--

(a) may appoint such number of employees on such terms and conditions as they think fit, and

(b) shall pay to their employees such remuneration and allowances as they may determine.

11 (1) Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there is inserted--

" School Curriculum and Assessment Authority. "

(2) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3) Where an employee of the Authority is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation Act 1972 and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9 above).

Finance

12 (1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.

(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees

13 (1) The Authority may establish a committee for any purpose.

(2) The Authority shall determine the number of a committee's members and the terms on which they are to hold and vacate office.

(3) A committee may include persons who are not members of the Authority.

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

Delegation

14 The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 above to carry out such of the Authority's functions as the Authority may determine.

Proceedings

15 (1) 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 committee of the Authority.

(2) The Authority shall provide the Secretary of State with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

16 (1) Her Majesty's Chief Inspector of Schools in England, or a representative of his, shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide Her Majesty's Chief Inspector of Schools in England with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

17 (1) The chairman of the Curriculum Council for Wales, or a representative of his, shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the chairman of the Curriculum Council for Wales with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

18 The validity of proceedings of the Authority shall not be affected by a vacancy among the members or any defect in the appointment of a member.

19 Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts

20 (1) The Authority shall--

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

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

(c) 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

(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 of March, and each successive period of twelve months.

Documents

21 The application of the seal of the Authority shall be authenticated by the signature--

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

(b) of one other member.

22 Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed by a person authorised by the Authority 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.

Section 253.

SCHEDULE 15 Amendments consequential on section 253

The Public Records Act 1958 (c. 51)

1 In Schedule 1 to the Public Records Act 1958, in Part II of the Table at the end of paragraph 3, for "Curriculum Council for Wales" there is substituted "Curriculum and Assessment Authority for Wales".

The Superannuation Act 1972 (c. 11)

2 In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies, for "Curriculum Council for Wales" there is substituted "Curriculum and Assessment Authority for Wales".

The House of Commons Disqualification Act 1975 (c. 24)

3 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) for the entry relating to the Curriculum Council for Wales there is substituted--

" Any member of the Curriculum and Assessment Authority for Wales established under section 14 of the Education Reform Act 1988 in receipt of remuneration. "

The Education Reform Act 1988 (c. 40)

4 (1) The Education Reform Act 1988 is amended as follows.

(2) In section 11(13), for "the Curriculum Council for Wales" there is substituted "the Curriculum and Assessment Authority for Wales".

(3) In section 14, for "Council", in each place where it occurs, there is substituted "Authority".

(4) In section 16(6), for "the Curriculum Council for Wales" there is substituted "the Curriculum and Assessment Authority for Wales".

(5) Section 21 is amended as follows--

(a) in subsection (2), for "the Curriculum Council for Wales" there is substituted "the Curriculum and Assessment Authority for Wales"; and

(b) for "the Council", in each place where it occurs, there is substituted "the Authority".

(6) In Schedule 2, for "Council", in each place where it occurs, there is substituted "Authority".

The Charities Act 1993 (c. 10)

5 In Schedule 2 to the Charities Act 1993 (exempt charities) for paragraph (f) there is substituted--

" (f) the Curriculum and Assessment Authority for Wales; " .

The Education Act 1993 (c. 35)

6 (1) The Education Act 1993 is amended as follows.

(2) In Schedule 14, in paragraph 17, for "the Curriculum Council for Wales", in both places where it occurs, there is substituted "the Curriculum and Assessment Authority for Wales".

(3) In Schedule 19, in paragraph 43(1), for "the Curriculum Council for Wales" there is substituted "the Curriculum and Assessment Authority for Wales".

Section 266

SCHEDULE 16 School admission appeals

1 Part I of Schedule 2 to the [1980 c. 20.] Education Act 1980 (constitution of committees hearing appeals against admission decisions) is amended as follows.

Schools maintained by local education authorities

2 (1) For paragraph 1(2) there is substituted--

" (2) An appeal committee shall consist of--

(a) one person nominated by the authority from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph.

(2A) The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them.

(2B) Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time. "

(2) In paragraph 1(3) after "appointed" there is inserted "by the authority".

(3) In paragraph 1(4) "by more than one" is omitted.

(4) For paragraph 1(5) there is substituted--

" (5) A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee. "

Aided and special agreement schools

3 (1) For paragraph 2(2) there is substituted--

" (2) An appeal committee shall consist of--

(a) one person nominated by the governors from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the governors from among persons appointed by them under this paragraph.

(2A) The governors shall not nominate under sub-paragraph (2)(a) above a person who falls within sub-paragraph (3)(a) or (b) below or is employed by the local education authority by which the school is maintained.

(2B) Sufficient persons may be appointed by the governors to enable two or more committees to sit at the same time. "

(2) In paragraph 2(3) after "appointed" there is inserted "by the governors".

(3) For paragraph 2(4) there is substituted--

" (4) In an appeal committee--

(a) three members shall be nominated from among those mentioned in sub-paragraph (3)(b) above, in the case of a committee consisting of seven members;

(b) two members shall be so nominated, in the case of a committee consisting of five members; and

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