Education Act 1996 (c. 56)

(The document as of February, 2008)

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(b) any day which is a bank holiday in England and Wales.

(3) This section does not apply if in the case of the school in question a ballot has been held in accordance with section 189 within the period of 12 months ending with the date immediately preceding the date of the resolution, unless the Secretary of State gives consent in writing for a new ballot to be held.

187 Initiation of procedure by parents

(1) This section applies where the governing body of a school which is eligible for grant-maintained status receive a written request to hold a ballot of parents on the question whether grant-maintained status should be sought for the school.

(2) A request under subsection (1) must be signed (or otherwise endorsed in such manner as the governing body may require) by a number of registered parents of registered pupils at the school equal to at least 20 per cent. of the number of registered pupils at the school; and in this subsection "registered" means shown in the register kept under section 434 as that register has effect on the date on which the request is received.

(3) The governing body shall--

(a) secure that the ballot is held in accordance with section 189 within the period of 10 weeks beginning with the date on which the request was received, and

(b) give notice in writing that the ballot is to be held--

(i) to the local education authority, and

(ii) if the school is a voluntary school, to any person holding property on trust for the purposes of the school.

(4) Notice under subsection (3)(b) must be given within the period of five days beginning with the date on which the request was received; but in determining that period no account shall be taken of--

(a) Saturday, Sunday, Good Friday and Christmas Day, or

(b) any day which is a bank holiday in England and Wales.

(5) Subsection (3) does not apply if in the case of the school in question a ballot has been held in accordance with section 189 within the period of 12 months ending with the date immediately preceding the date on which the request is received, unless the Secretary of State gives consent in writing for a new ballot to be held.

(6) A request under subsection (1) shall be taken to have been received by a governing body if given or sent to the chairman of the governing body or to the clerk to the governing body.

Information

188 Information as to parents of registered pupils

(1) Where any registered parent of a registered pupil at a school which is eligible for grant-maintained status so requests and subsection (2) applies, the governing body shall--

(a) make available to the parent for inspection at the school (at all reasonable times and free of charge) a list containing the name and address of every registered parent of a registered pupil at the school, and

(b) supply the parent with a copy of the list.

(2) This subsection applies if the request is made--

(a) in connection with any proposal that a ballot should be held in accordance with section 189, or

(b) where the governing body are under a duty by virtue of section 186, 187 or 191 to secure that a ballot is held, in connection with the holding of the ballot.

(3) A governing body shall not disclose to a parent under subsection (1) the name and address of any person who has requested the governing body in writing not to disclose that information under that subsection; and accordingly the name and address of that person shall be excluded from the list there mentioned.

(4) A governing body who in pursuance of subsection (1) supply copies of the list there mentioned may charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

Ballot of parents

189 Ballot of parents

(1) Where the governing body of a school are under a duty by virtue of section 186 or 187 to secure that a ballot is held, they shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed.

(2) The arrangements shall provide for a secret postal ballot.

(3) The governing body shall secure that the prescribed body take such steps as are reasonably practicable to secure that every person who is eligible to vote in the ballot is--

(a) given the prescribed information,

(b) informed that he is entitled to vote in the ballot, and

(4) The governing body shall make available to every person employed to work at the school for inspection at the school (at all reasonable times and free of charge) a document containing the information required by subsection (3)(a) to be given to persons eligible to vote in the ballot.

(5) In determining the arrangements they require to be made by the prescribed body, the governing body shall take into account any guidance given by the Secretary of State from time to time as to the arrangements he considers appropriate for ballots held in accordance with this section.

(6) The governing body may promote (otherwise than as part of the arrangements made for the ballot) the case for seeking grant-maintained status for the school and, in doing so, they shall take into account any guidance given by the Secretary of State as to the action he considers appropriate for the purpose.

190 Persons eligible to vote in ballot

(1) For the purposes of this Chapter, a person is eligible to vote in a ballot held in respect of a school in accordance with section 189 if he is a registered parent of a registered pupil at the school.

(2) In subsection (1) "registered" means shown in the register kept under section 434 as that register has effect on the date immediately following the end of the period of 14 days beginning with--

(a) the date on which the relevant resolution or request was passed or received by the governing body, or

(b) where the Secretary of State gives his consent for the purposes of section 186(3) or 187(5), the date on which he gives that consent.

(3) In subsection (2) "the relevant resolution or request" means the resolution under section 186, or request under section 187, by reference to which the ballot is required to be held (or, where the ballot is a second ballot held by virtue of section 191, by reference to which the first ballot was required to be held).

191 Second ballot to be held if insufficient votes cast

(1) Where in any ballot held in accordance with section 189 (other than one held by virtue of this section)--

(a) the total number of votes cast by persons eligible to vote is less than 50 per cent. of the number of persons eligible to vote, or

(b) the number of votes cast in favour is the same as the number of votes cast against,

the governing body shall secure that a second ballot is held within the period of 14 days beginning with the day after that on which the result of the first ballot is determined.

(2) In such a case--

(a) the result of the first ballot shall be disregarded for the purposes of section 193(1), and

(b) subject to the modifications mentioned in subsection (3), section 189 shall apply as it applies in a case where the governing body of a school are under a duty by virtue of section 186 or 187 to secure that a ballot is held.

(3) The modifications are--

(a) that section 189(3)(a) shall be omitted, and

(b) that section 189(4) shall be read as if the information there referred to were the information given for the purposes of the first ballot.

192 Power to declare ballot void for irregularity

(1) Subsection (2) applies where it appears to the Secretary of State--

(a) that any requirements of section 189 or 191 have been contravened in the case of a ballot held in purported compliance with section 189,

(b) that the arrangements for a ballot so held did not accord with any guidance given by him for the purposes of section 189,

(d) that persons other than those eligible to do so have purported to vote in a ballot so held,

(e) that ballot papers returned for the purposes of a ballot so held have been marked by persons other than those to whom they were issued or those duly authorised to act on their behalf,

(f) that persons who were eligible to vote in a ballot so held have been prevented or hindered from doing so, or from doing so freely in accordance with their own opinions, by any other person, or

(g) that voting in a ballot so held is likely to have been influenced to a significant extent by the dissemination of information appearing to the Secretary of State to be to a material extent false or misleading.

(2) The Secretary of State may by notice in writing given to the governing body--

(a) declare the ballot void, and

(b) require that a fresh ballot be held in accordance with section 189 before such date as he may specify in the notice.

(3) Where--

(a) by a notice under subsection (2) the Secretary of State requires the fresh ballot to be held in the school year following that in which fell the date which was the effective date for the register used for the ballot he declares void, and

(b) the notice specifies a date for the purposes of this subsection,

section 190(1) shall have effect in relation to the fresh ballot as if "registered" meant shown in the register kept under section 434 as that register has effect on the date specified for the purposes of this subsection.

193 Publication of proposals

(1) Subsection (2) applies where the result of a ballot held in accordance with section 189 shows a simple majority of votes cast (by persons eligible to vote in the ballot) in favour of seeking grant-maintained status for the school.

(2) Before the end of the period of four months beginning with the date on which the result of the ballot is determined, the governing body shall--

(a) publish proposals for acquisition of grant-maintained status for the school in accordance with any provisions made by or under paragraph 1 of Schedule 20,

(b) publish any notice in respect of the proposals for the time being required by any such provisions, and

(3) References in this Part to proposals published under this section are, in any case where the Secretary of State has modified such proposals in pursuance of this Part, references to the proposals as so modified.

(4) For the purposes of this Part, proposals published under this section shall be regarded as pending in respect of a school until either the proposals are withdrawn or the Secretary of State makes his determination in respect of them.

(5) Part I of Schedule 20 has effect for the purpose of supplementing this section.

Approval and implementation of proposals

194 Withdrawal, approval or rejection of proposals

(1) Proposals published under section 193 may not be withdrawn except with the consent of the Secretary of State and subject to such conditions as he may impose (which may, in particular, require further proposals to be published under that section within such period as the Secretary of State may specify).

(2) The Secretary of State--

(a) may reject any proposals published under section 193, or

(b) where a school in respect of which such proposals are made is eligible for grant-maintained status on the date of publication of the proposals, may--

(i) approve them without modification, or

(ii) after consultation with the existing governing body, approve them with such modifications as he thinks desirable.

(3) Where the Secretary of State rejects any proposals published under section 193 in respect of a school which is eligible for grant-maintained status on the date of his determination, he may require the governing body to publish further proposals under section 193 within such period as he may specify.

(4) Where the Secretary of State imposes a requirement under subsection (1) or (3) for the publication of further proposals, section 193(2) and Schedule 20 shall apply as they apply in the case mentioned in section 193(1), but with the following modifications--

(a) the reference in section 193(2) to the period of four months beginning with the date on which the result of the ballot is determined shall be taken as a reference to the period specified by the Secretary of State for submission of the further proposals required, and

(b) the reference in paragraph 2(1)(a) of Schedule 20 to the ballot shall be read as referring to the last ballot held in accordance with section 189 in relation to the school before the requirement in question was imposed.

195 Incorporation of governing body

(1) Where any proposals are approved under section 194, then--

(a) the persons who, immediately before the proposals are approved, are named in them as initial governors, and

(b) the existing head teacher (as a governor ex officio),

shall on that date be incorporated as the governing body of the school under the name given in pursuance of paragraph 4(1)(g) of Schedule 20.

(2) Where any proposals are approved under section 194, then, in relation to the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals--

(a) the governing body incorporated under this section are referred to in this Part as the "new governing body", and

(b) any reference in any enactment or instrument or document to the governing body of the school, other than--

(i) an express reference to the new governing body or the governing body incorporated under this section, or

(ii) a reference in Chapter V,

shall be read as a reference to the existing governing body, not the new governing body.

(3) On the date of implementation of the proposals--

(a) the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and

(b) any special agreement relating to the school shall cease to have effect.

196 Exercise of powers before proposed date of implementation

Schedule 21 (which makes provision in relation to the period after approval and before the date of implementation) has effect in relation to a school once proposals are approved under section 194.

Expenses in connection with proposals

197 Expenses in connection with proposals for acquisition of grant-maintained status

(1) The Secretary of State may make payments in respect of any expenses incurred by the governing body of a school in exercising, or in connection with the exercise of, their functions under the preceding provisions of this Chapter.

(2) Payments under subsection (1) may be made on such terms as the Secretary of State may determine.

(3) A local education authority shall not incur any expenditure attributable to any period for the purpose of influencing the outcome of ballots held under section 189 if the aggregate of the amounts of expenditure for that purpose attributable to the period exceeds (or, if that expenditure were incurred, would exceed) the limit for that period.

(4) Regulations may make provision for determining for the purposes of this section--

(a) whether expenditure is incurred for the purpose referred to in subsection (3),

(b) the amount of any expenditure,

(d) the limit for any period.

(5) Regulations may require each local education authority--

(a) to keep in accordance with regulations, and any directions contained in an order made by the Secretary of State, a separate account of the expenditure incurred for the purpose referred to in subsection (3), and

(b) to prepare in respect of such periods as may be prescribed a statement of account and, if the Secretary of State so requests, send each statement to him before the end of such period as may be prescribed.

Alteration of county school proposed for grant-maintained status

198 Proposals by governing body for alteration of county school proposed for grant-maintained status

(1) This section applies where--

(a) the governing body of a county school ("the school proposed for grant-maintained status") have published proposals for acquisition of grant-maintained status which have not been withdrawn or determined,

(b) the local education authority have published proposals for any of the purposes mentioned in section 35(1)(c) or (d) (alteration, etc. of county school) in respect of one or more schools in the area, and

(c) the governing body of the school proposed for grant-maintained status intend to make a significant change in the character, or a significant enlargement of the premises, of the school, being a change or enlargement to be made for the purpose of ensuring consistency in the provision of education in the area of the local education authority if the proposals made by the authority are implemented.

(2) The governing body of the school proposed for grant-maintained status may publish in such manner as may be required by regulations proposals for a significant change in the character, or significant enlargement of the premises, of the school for the purpose mentioned in subsection (1)(c).

(3) Chapter VII (alteration etc. of grant-maintained school) shall apply in relation to proposals published under this section as it applies in relation to proposals published under section 259 (proposals for change of character etc. by governing body) but--

(a) as if the governing body of the school proposed for grant-maintained status were the governing body of a grant-maintained school, and

(b) with the modifications in subsections (4) and (5) below.

(4) The particulars of the proposals shall not give as the time or any of the times of implementation of the proposals a time earlier than the date of implementation of the proposals for acquisition of grant-maintained status.

(5) The statement accompanying the proposals shall (in addition to complying with section 259(5))--

(a) state that the proposals are published in connection with the proposed acquisition of grant-maintained status,

(b) state the circumstances in which the governing body are authorised under this section to publish such proposals, and

(c) describe the proposals published by the local education authority in connection with which the proposals under this section are published.

(6) Proposals published under this section may, if the governing body think fit--

(a) specify an age below 10 years and six months and an age above 12 years, and

(b) provide that the school is to be a school for providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.

199 Approval or rejection by Secretary of State of proposals under section 198

(1) This section applies where, after proposals for acquisition of grant-maintained status have been published in respect of any school which is eligible for grant-maintained status but before those proposals are withdrawn or determined, proposals in respect of the school are published under section 198.

(2) The Secretary of State shall consider both sets of proposals together but shall not determine the proposals under section 198 until he has made his determination with respect to the proposals for acquisition of grant-maintained status.

(3) If the Secretary of State approves the proposals for acquisition of grant-maintained status, he may approve the proposals under section 198.

(4) If the Secretary of State rejects the proposals for acquisition of grant-maintained status, he shall reject the proposals under section 198.

Supplementary

200 Chapter II: interpretation, etc

(1) This section applies in relation to proposals for acquisition of grant-maintained status and to the school to which they relate.

(2) References to the date of implementation of the proposals--

(a) in relation to a school in respect of which proposals for acquisition of grant-maintained status are required to be published under section 193, are to the date specified (in accordance with regulations under section 189(3)(a)) as the proposed date of implementation in the information given to persons eligible to vote in the originating ballot, and

(b) in any other case, are to the date specified in the proposals as the proposed date of implementation.

(3) In subsection (2)(a) "the originating ballot"--

(a) where section 193(2) applies, means the ballot by reference to which it applies, and

(b) where the proposals are required to be published by virtue of a requirement imposed by the Secretary of State under section 194(1) or (3), means the last ballot held in accordance with section 189 in relation to the school before that requirement was imposed.

(4) "The relevant particulars", in relation to a proposed initial governor, means--

(a) his name and address,

(b) whether he is to be a parent, teacher, first, foundation or sponsor governor,

(c) if he is to be a parent or teacher governor, the term of office that applies in his case under paragraph 10 of Schedule 22, and

(d) if he is to be a first, foundation or sponsor governor, the term of office proposed for him in accordance with that paragraph or, in the case of a foundation governor who is to hold office ex officio, the fact that he is to do so.

(5) "The incorporation date" means the date on which the governing body are incorporated.

Chapter III Property, staff and contracts

Transfer of property and staff, etc.

201 Transfer of property etc

(1) Subject to subsection (3), where in relation to any school proposals for acquisition of grant-maintained status are approved--

(a) the property, rights and liabilities mentioned in subsection (2) of any local authority, and

(b) any property, rights and liabilities of the existing governing body,

shall on the date of implementation of the proposals be transferred to, and by virtue of this Act vest in, the governing body incorporated under Chapter II.

(2) The property, rights and liabilities referred to in subsection (1)(a) are--

(a) all land or other property which, immediately before the date of implementation of the proposals, was property used or held by the authority for the purposes of the school, and

(b) all rights and liabilities subsisting immediately before the date of implementation of the proposals which were acquired or incurred by the authority for those purposes.

(3) Subsection (1) shall not apply to rights and liabilities under any contract of employment; and subsection (1)(a) shall not apply to--

(a) any land or other property vested in a local authority as trustees,

(b) any property, rights or liabilities excluded under subsection (5) or (6),

(d) any liability of a local authority in respect of compensation for premature retirement of any person formerly employed by them or by any governing body of the school.

(4) Any land or other property of a local authority excluded by virtue of subsection (3)(a) from transfer to the governing body shall, on the date of implementation of the proposals, be transferred to, and by virtue of this Act vest in, the first governors of the school on the trusts applicable immediately before that date under any trust deed regulating the use of that land or other property for the purposes of the school.

(5) If before the date of implementation of the proposals--

(a) the new governing body and the local authority have agreed in writing to exclude any property, and

(b) the Secretary of State has given his written approval of the agreement,

the property, and any rights or liabilities relating to it, shall be excluded.

(6) If in default of agreement under subsection (5)--

(a) the new governing body or the local authority have applied to the Secretary of State to exclude any property, and

(b) the Secretary of State has by order directed its exclusion,

the property, and any rights or liabilities relating to it, shall be excluded.

(7) An agreement under subsection (5) may provide for the property to be used for the purposes of the school acquiring grant-maintained status on such terms as may be specified in or determined in accordance with the agreement; and directions under subsection (6)--

(a) may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and

(b) shall have effect as if contained in such an agreement.

(8) For the purposes of this section, any interest in a dwelling-house which, immediately before the date of implementation of the proposals, is used or held by a local authority for occupation by a person employed to work at the school shall be treated as an interest used or held for the purposes of the school.

(9) References in this section to liabilities incurred by a local authority shall not be read as including liabilities of such an authority to make payments to or in respect of any person in pursuance of any duty imposed on the authority under any statutory provision.

(10) This section is subject to section 198 of the [1988 c. 40.] Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this subsection to the transfer date are to the date of implementation of the proposals.

202 Transfer of staff

(1) This section applies to any school where proposals for acquisition of grant-maintained status have been approved in relation to the school; and, subject to subsection (3), applies to any person who--

(a) if the school is an aided school, is immediately before the date of implementation of the proposals employed by the governing body, or

(b) immediately before the date of implementation of the proposals--

(i) is employed by the local education authority to work solely at the school, or

(ii) is employed by the local education authority to work at the school and is designated for the purposes of this section by an order made by the Secretary of State.

(2) A person employed by a local education authority in connection with the provision of meals shall not be regarded for the purposes of subsection (1)(b) as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school.

(3) This section does not apply to--

(a) any person employed as mentioned in subsection (1) whose contract of employment terminates on the day immediately preceding the date of implementation of the proposals, or

(b) any person employed as mentioned in subsection (1)(b) who before that date--

(i) has been appointed or assigned by the local education authority to work solely at another school as from that date, or

(ii) has been withdrawn from work at the school with effect as from that date.

(4) A person who before the date of implementation of the proposals has been appointed or assigned by the local education authority to work at the school as from that date shall be treated for the purposes of this section as if he had been employed by the authority immediately before that date to do such work at the school as he would have been required to do on or after that date under his contract of employment with the authority.

(5) In subsections (6) and (7) "former employer"--

(a) in relation to a person to whom this section applies by virtue of subsection (1)(a), means the governing body of the school immediately before the date of implementation of the proposals, and

(b) in relation to a person to whom this section applies by virtue of subsection (1)(b), means the local education authority.

(6) The contract of employment between a person to whom this section applies and his former employer shall have effect from the date of implementation of the proposals as if originally made between him and the governing body of the grant-maintained school.

(7) Without prejudice to subsection (6)--

(a) all the former employer's rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred to the governing body of the grant-maintained school on the date of implementation of the proposals, and

(b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to that governing body.

(8) Subsections (6) and (7) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

(9) An order under this section may designate a person either individually or as a member of a class or description of employees.

Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.

203 "Pending" procedure for acquisition of grant-maintained status

(1) For the purposes of this Chapter the procedure for acquisition of grant-maintained status is pending in relation to a school when it has been initiated in relation to the school on any occasion and not terminated (as initiated on that occasion).

(2) For those purposes, that procedure is to be regarded as initiated in relation to a school on any occasion--

(a) on receipt by the local education authority of notice of a meeting of the governing body at which a motion for a resolution to hold a ballot of parents on the question whether grant-maintained status should be sought for the school is to be considered (not being a case falling within section 186(3)), or

(b) where the governing body have received a request under subsection (1) of section 187, on receipt by the local education authority of notice under subsection (3)(b) of that section.

(3) For those purposes, that procedure, as initiated on any occasion, is to be regarded as terminated--

(a) (when initiated as mentioned in subsection (2)(a)) if--

(i) the meeting is not held,

(ii) the meeting is held but the motion is not moved or, though the motion is moved, the resolution is not passed, or

(iii) the resolution is passed but the result of the ballot to which the notice under section 186(1)(b) relates does not show a majority in favour of seeking grant-maintained status for the school;

(b) (when initiated as mentioned in subsection (2)(b)) if the result of the ballot to which the notice under section 187(3)(b) relates does not show a majority in favour of seeking grant-maintained status for the school;

(i) proposals which by reference to the result of a ballot to which a notice under section 186(1)(b) or 187(3)(b) relates are required to be published under section 193, or

(ii) any proposals required in substitution for those proposals,

are rejected by the Secretary of State or withdrawn; or

(d) on the date of implementation of such proposals.

(4) Where section 191 applies in the case of such a ballot, the references in subsection (3) above to the result of that ballot shall be read as references to the result of the second ballot required by that section.

(5) The reference in subsection (3) above to proposals required in substitution for any proposals ("the original proposals") required to be published by reference to the result of a ballot is to any proposals required to be published by virtue of section 194(1) or (3) on withdrawal or (as the case may be) rejection of--

(a) the original proposals, or

(b) any further proposals required to be published by virtue of section 194(1) or (3) in respect of the school without a further ballot.

(6) Proposals published under section 193 shall not be treated for the purposes of subsection (3)(c) as rejected in any case where the Secretary of State imposes a requirement under section 194(3) or as withdrawn in any case where he imposes a requirement under section 194(1) for the publication of further proposals.

204 Control of disposals of land

(1) During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, a local authority shall not--

(a) dispose of any land used wholly or partly for the purposes of the school, or

(b) enter into a contract to dispose of any such land,

except with the required consent.

(2) Subsection (1) does not apply in relation to a disposal which is made in pursuance of a contract entered into, or an option granted, before the procedure for acquisition of grant-maintained status was initiated in relation to the school.

(3) Where proposals for acquisition of grant-maintained status are approved, the procedure for acquisition of grant-maintained status is not to be treated as terminated for the purposes of this section and section 205 in relation to any land, where agreement is required to be reached under paragraph 2(1) of Schedule 10 to the [1988 c. 40.] Education Reform Act 1988 (identification of property, etc.) on any matter relating to that land, until the date on which that matter is finally determined.

(4) In the case of a disposal made or contract entered into after proposals for acquisition of grant-maintained status have been approved, "the required consent"--

(a) (if it is agreed between the local authority and the new governing body that the value of the land in question does not exceed £6,000) is the consent of the new governing body, and

(b) (if paragraph (a) does not apply) is the consent of both the new governing body and the Secretary of State.

(5) In any other case "the required consent" for any proposed disposal (and for any contract to make it) is the consent of both the existing governing body and the Secretary of State.

(6) A disposal or contract shall not be invalid or void by reason only that it has been made or entered into in contravention of this section; and (subject to section 205) a person acquiring land, or entering into a contract to acquire land, from a local authority shall not be concerned to enquire whether any consent required by this section has been given.

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