Education Act 1996

and in particular for requiring such a committee to include persons representing schools . . . situated in the area from which the unit or units in question may be expected to draw pupils;

• (d) for requiring or (as the case may be) prohibiting the delegation by—

• (i) a local authority; or

• (ii) in the case of a local authority which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,

to a management committee of such functions in connection with pupil referral units as are specified in the regulations.

• (e) for authorising a management committee to establish sub-committees;

• (f) for enabling (subject to any provisions of the regulations) a local authority , and in the case of a local authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive, or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

• (g) for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

• (ga) about the effect of closure of a pupil referral unit on members of the management committee for the unit or members of any sub-committee;

• (h) for applying to any such committee or sub-committee, with or without modification—

• (i) any provision of the Education Acts, or

• (ii) any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.

• (3) In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.

SCHEDULE 2

Status

1

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

Powers

2

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

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

• (b) entering into contracts,

• (c) investing sums not immediately required for the purpose of the discharge of their functions, and

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

• (2) A funding authority shall not borrow money.

3

• (1) The Secretary of State may authorise a funding authority to purchase compulsorily any land required for the purpose of implementing any proposals under section 211, 212 or 260 (establishment or change in character of grant-maintained school) which are required to be implemented.

• (2) The Acquisition of Land Act 1981 shall apply to compulsory purchase under this paragraph.

Tenure of members

4

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

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

5

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

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

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

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

Salaries, allowances and pensions

6

• (1) A funding authority—

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

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

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

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

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

Staff

7

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

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

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

Chief officer

8

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

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

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

Superannuation of employees

9

• (1) Employment with a funding authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.

• (2) A funding authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

• (3) Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as 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 him by virtue of paragraph 6 above).

Committees

10

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

• (2) The authority shall fix the number of the members which a committee established under this paragraph may have, 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 by them under this paragraph and the scope of each committee’s activities.

Delegation of functions

11

A funding authority may authorise the chairman, the chief officer or any committee established by them under paragraph 10 above to exercise such of their functions as they may determine.

Proceedings

12

Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to a funding authority under section 25—

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

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

13

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

14

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

Accounts

15

• (1) A funding authority shall—

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

• (b) prepare a statement of accounts in respect of each financial year of the authority; 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

• (c) the methods and principles according to which the statement is to be prepared,

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

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

• (4) In this paragraph “financial year” means the period beginning with the date on which the authority is established and ending with the next following 31st March, and each successive period of twelve months.

Application of seal and proof of instruments

16

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

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

• (b) of one other member.

17

Any document purporting to be an instrument made or issued by or on behalf of a funding authority and to be—

• (a) duly executed under their seal, or

• (b) signed or executed by a person authorised by the authority to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

SCHEDULE 3

Functions relating to grant-maintained schools

1

• (1) The Secretary of State may by order provide for any of his functions under the provisions of this Act mentioned in sub-paragraph (2) to be exercisable instead by a funding authority, either generally or in such circumstances as may be specified in the order.

• (2) Those provisions are—

• (a) sections 220 and 221 (alterations to instruments and articles of government);

• (b) section 231(6) (consent to borrowing);

• (c) section 233 (making and varying joint schemes);

• (d) section 302 (variation of trust deeds);

• (e) paragraph 5 of Schedule 21 (transitional powers of governing bodies); and

• (f) paragraph 15 of Schedule 22 (approval of schemes for payment of allowances to governors).

• (3) An order under this paragraph may—

• (a) confer or impose such related functions on the funding authority, and

• (b) provide for Part III of this Act to have effect with such modifications,

as the Secretary of State considers necessary or desirable in connection with any transfer of any functions under the provisions of this Act mentioned in sub-paragraph (2).

Functions under agreements relating to CTCs and CCTAs

2

• (1) The Secretary of State may by order provide—

• (a) for a funding authority to exercise the function of making and receiving payments under all or any of the agreements which he has entered into or may enter into under section 482 (CTCs and CCTAs); and

• (b) for any such agreement to have effect accordingly.

• (2) Any sums received by a funding authority in the exercise of those functions shall be paid to the Secretary of State.

Functions in respect of grants for certain expenditure due to ethnic minority population

3

• (1) The Secretary of State may by order impose on a funding authority the function of paying on his behalf grants under section 11 of the Local Government Act 1966 (grants in respect of ethnic minority population) so far as payable by him by virtue of section 490 (grants to grant-maintained schools, CTCs and CCTAs).

• (2) The payments shall be of such amounts and be paid to such persons as the Secretary of State may, in accordance with section 11 of the Local Government Act 1966, determine.

SCHEDULE 4

Part I — Introductory

1

• (1) Where an order under section 27 is in force, the Education Acts shall have effect subject to—

• (a) this Schedule, and

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

• (2) In particular, to the extent that this Schedule governs the payments to be made to any local education authority or the governing body of any grant-maintained school in respect of charges by that authority or body for the provision of board and lodging (at a boarding school or otherwise than at school), section 458(2) to (5) and section 514(5) (charges) shall not apply.

• (3) In this Schedule—

• (a) sections 458(1) and 514(4) are referred to as the “existing charging provisions”; and

• (b) “maintained school” means any county or voluntary school or any maintained special school not established in a hospital.

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

Introductory

2

If an order under section 27(1)(a) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

3

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

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

• (3) The schools available for any area shall not be treated as sufficient for the purposes of this paragraph unless they are sufficient for the purposes of section 14(1) (duty of local education authority to secure availability of schools).

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

• (5) In this paragraph “powers to make proposals for the establishment, alteration and discontinuance of schools” means all or any of the powers to publish proposals under sections 211, 260 or 268 or give notice of proposals under section 339.

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

Introductory

4

If an order under section 27(1)(b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

5

• (1) The duty under section 14(1) shall be discharged by the funding authority instead of the local education authority.

• (2) In discharging that duty the funding authority shall, in particular, have regard to the matters referred to in section 14(6)(b) (provision for pupils who have special educational needs).

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

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

6

• (1) The local education authority may continue to secure the provision of relevant education falling within section 14(1) and (subject to paragraph 7) to secure the provision of schools for that purpose.

• (2) In exercising those powers the local education authority shall, in particular, have regard to the matters referred to in section 14(6) (which include the separation of primary and secondary education, and the provision of boarding accommodation for those for whom boarding is desirable).

• (3) Where the local education authority—

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

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

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

Powers to establish, maintain and alter schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

Charges for board and lodging or independent education

9

• (1) Sub-paragraph (3) below applies where—

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

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

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

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

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

• (b) the funding authority are of the opinion that—

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

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

• (3) Where this sub-paragraph applies—

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

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

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

• (4) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.

10

• (1) This paragraph applies where any pupil ordinarily resident in the area is being provided—

• (a) with board and lodging (at a boarding school or otherwise than at school), or

• (b) with education at a school which is not a maintained or grant-maintained school,

but does not apply in any case where paragraph 9(3) applies.

• (2) If board and lodging is provided at a school maintained by the responsible education authority and the authority are of the opinion that it is desirable for the pupil to be provided with board and lodging, or board and lodging otherwise than at school is provided by the authority, then—

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

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

• (3) If board and lodging otherwise than at school is provided by the funding authority, or board and lodging is provided at a grant-maintained school or a school maintained by another local education authority, then—

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

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

• (4) In any other case to which this paragraph applies—

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

• (b) if they are of the opinion that it is—

• (i) desirable for the pupil to be provided with board and lodging, and

• (ii) appropriate for him to be provided with the particular board and lodging,

they shall pay so much (if any) of the fees payable in respect of board and lodging as in their opinion is required to be paid by them in order to avoid financial hardship to the parent; and

• (c) if they are of the opinion that it is—

• (i) desirable for the pupil to be provided with education otherwise than in a maintained or grant-maintained school, and

• (ii) appropriate for him to be provided with the particular education,

they shall pay so much (if any) of the fees payable in respect of the education as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

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

• (6) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.

11

• (1) Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school, this paragraph applies if he is provided with board and lodging at the school or otherwise than at school and either—

• (a) the school is named in the statement and—

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

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

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

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

• (3) Where the board and lodging is provided—

• (a) by the funding authority or another local education authority, or

• (b) at a grant-maintained school or a school maintained by another local education authority,

the responsible education authority shall pay the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging.

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

• (5) In this paragraph “the responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV (special educational needs).

12

• (1) Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school and is provided with board and lodging at the school or otherwise than at school, then—

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

• (b) where the board and lodging is provided—

• (i) by the funding authority or another local education authority, or

• (ii) at a grant-maintained school or a school maintained by another local education authority,

the responsible education authority may pay the whole or any part of the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and

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

• (2) In this paragraph “the responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV.

General

13

• (1) The following provisions shall not apply—

• (a) section 458 (charges and remission of charges for board and lodging in maintained and grant-maintained schools);

• (b) section 514 (power of LEA to provide board and lodging otherwise than at school and recovery of charges from parents); and

• (c) section 517(3) (payment by LEA of fees where pupil attends non-maintained school because of shortage of places in maintained and grant-maintained schools).

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

14

• (1) Section 438 shall have effect as if for subsection (5) there were substituted—

(5) If— (a) within the period mentioned in subsection (3), the parent— (i) applies to the funding authority, or the local education authority by whom the notice was served, for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school, and (ii) in the case of an application to the funding authority, notifies the local education authority by whom the notice was served of the application, (b) the child is offered a place at the school, and (c) either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule, that school shall be named in the order.

• (2) Section 440 shall have effect as if for subsection (3) there were substituted—

(3) If at any time— (a) the parent applies to the funding authority or the local education authority by whom the notice was served for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and is different from the school named in the order, (b) the child is offered a place at the school, (c) either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule, and (d) the parent requests the local education authority to amend the order by substituting that school for the one currently named, the authority shall comply with the request.

Part IV — Functions where responsibility either shared or transferred

Introductory

15

If an order under section 27(1)(a) or (b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

16

In relation to any power under section 211 to publish proposals for the establishment of a grant-maintained school—

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

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

17

• (1) Where relevant education is only primary education—

• (a) no proposals may be published under section 260 in respect of any grant-maintained school which is a secondary school or if the implementation of the proposals would cause the school to become a secondary school;

• (b) no proposals may be published under section 268 in respect of any grant-maintained secondary school; and

• (c) no direction may be given under section 428(2) to the governing body of any grant-maintained secondary school.

• (2) Where relevant education is only secondary education—

• (a) no proposals may be published under section 260 in respect of any grant-maintained school which is a primary school or if the implementation of the proposals would cause the school to become a primary school;

• (b) no proposals may be published under section 268 in respect of any grant-maintained primary school; and

• (c) no direction may be given under section 428(2) to the governing body of any grant-maintained primary school.

18

The funding authority shall not by virtue of paragraph 3 or 5 be under any duty in respect of junior pupils who have not attained compulsory school age.

Boarding schools

19

The powers of the funding authority to publish proposals under sections 211 and 260 or to give notice of proposals under section 339 may, in particular, be so exercised as to secure the provision of boarding accommodation at boarding schools.

Other modifications of this Act

20

Section 259 shall have effect as if the funding authority were among the persons who may submit objections under subsection (6) of that section to proposals under that section.

21

Section 267 shall have effect as if—

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

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

22

Section 272 shall have effect as if—

• (a) paragraph (a) of subsection (1) were omitted, and

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

23

Section 426(4) shall have effect as if the reference to the Secretary of State were to the funding authority.

SCHEDULE 5

Preservation of special agreements

1

Any special agreement in force immediately before the commencement of this Act shall continue in force despite the repeal by this Act of Schedule 3 to the Education Act 1944.

Variation of special agreements

2

• (1) A special agreement may be varied by a further agreement between the local education authority and the governors of the school to which it relates, or in such other manner (if any) as may be specified in the agreement.

• (2) Sub-paragraph (1) has effect subject to the requirements of paragraph 3.

The grant requirements

3

• (1) A special agreement shall provide for the making of a grant by the local education authority to persons specified in the agreement in consideration of the execution by those persons of the proposals to which the agreement relates.

• (2) Subject to sub-paragraph (3), the amount of any such grant shall be not less than half, and not more than three-quarters, of the cost of executing the proposals to which the agreement relates.

• (3) Where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under section 45(2)(b), the duty of the local education authority to provide, then—

• (a) if the proposals as respects the playing field or buildings are to be executed by the persons specified in the agreement, the amount of the grant (so far as attributable to the cost thereof) shall be equal to the whole of the cost; and

• (b) if those proposals are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant.

Religious education

4

• (1) A special agreement may provide—

• (a) for the giving of religious education in the school in accordance with the provisions of the trust deed relating to it, or (where provision for that purpose is not made by such a deed) in accordance with the practice observed in the school before it became a voluntary school; and

• (b) for the employment in the school, for the purpose of giving such religious education, of such number of reserved teachers as may be specified in the agreement.

• (2) Sub-paragraph (1)(a) has effect subject to section 378(1)(c) and any arrangements made under section 378(2).

Repayment of grants

5

Any grant made in respect of a school in pursuance of a special agreement may, at any time while the school is a special agreement school, be repaid by the governing body to the local education authority by whom the school is maintained.

Modification of obligations with respect to repairs and alterations

6

Where a special agreement is in force in relation to a school, then, until the proposals to which the agreement relates have been carried out—

• (a) the provisions of Part II relating to the respective obligations of the governing bodies of voluntary schools and the local education authority in respect of repairs and alterations to the premises of the school shall not have effect in relation to the school; and

• (b) the respective obligations of the governing body of the school and the local education authority in relation to those matters shall instead be such as may be determined by agreement between the governing body and the authority or, in default of agreement, by the Secretary of State.

SCHEDULE 6

1

In connection with proposals by a local education authority under section 35(1)(b) for the maintenance as a county school of a school which is for the time being maintained by them as a voluntary school, they and the school’s governing body may make an agreement for the transfer to the authority of any interest in the school premises which is held by any persons for the purposes of any trust deed relating to the school.

2

Such an agreement shall not take effect unless it has been approved by the Secretary of State.

3

The Secretary of State shall not approve such an agreement unless—

• (a) he is satisfied that due notice of the agreement has been given to—

• (i) any persons (other than the governing body) who have an interest in the school by virtue of a trust deed relating to it, and

• (ii) any other persons who appear to him to be concerned; and

• (b) he is satisfied that the execution of the agreement will effect the transfer of all interests necessary for the purpose of enabling the authority to maintain the school as a county school.

4

Before approving an agreement under this Schedule, the Secretary of State shall consider any representations made to him by or on behalf of any persons appearing to him to be concerned with the proposed transfer.

5

An agreement under this Schedule—

• (a) may provide for the transfer to the authority, subject to any conditions, reservations and restrictions specified in the agreement, either of the whole of any such interest as is referred to in paragraph 1 or of a lesser interest in the premises, and

• (b) may include such other provisions (whether relating to the consideration for the transfer or otherwise) as may be agreed upon between the authority and the governing body.

6

Where an agreement under this Schedule has been approved by the Secretary of State, the governing body may, whether or not the interest to be transferred under the agreement is vested in them, convey that interest to the authority.

7

Where a person other than the governing body has a right to the occupation or use of the school premises or any part of them for a particular purpose, no provision of an agreement under this Schedule shall affect that right unless he has consented to it.

8

In this Schedule “premises” includes a teacher’s dwelling-house.

SCHEDULE 7

Name and seal of incorporated body

1

• (1) A governing body incorporated under section 88(1) shall be known as “The governing body of ...” with the addition of the name of the school.

• (2) The application of the seal of any such governing body 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.

• (3) Every document purporting to be an instrument made or issued by or on behalf of any such governing body 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.

Powers of incorporated body

2

• (1) A governing body incorporated under section 88(1) may do anything (including in particular the things referred to in the following sub-paragraphs) which appears to them to be necessary or expedient for the purpose of or in connection with the exercise of any of the functions conferred on them under or in pursuance of any enactment.

• (2) A governing body so incorporated may—

• (a) acquire and dispose of land and other property;

• (b) enter into contracts, other than contracts of employment;

• (c) invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on;

• (d) accept gifts of money, land and other property and apply it, or hold and administer it on trust, for any of those purposes; and

• (e) do anything incidental to the conduct of the school.

• (3) Sub-paragraphs (1) and (2) have effect subject to—

• (a) any provisions of the instrument of government or articles of government for the school, and

• (b) if the school has a delegated budget (as defined in section 115(b)) any provisions of the scheme falling within section 101(1) which covers the school.

• (4) The governing body so incorporated of an aided school may enter into contracts for the employment of teachers and other staff, subject to any provisions of the articles of government for the school other than any provisions for the time being excluded by section 137(2) (aided schools having delegated budgets) from applying to the school.

Property, rights and liabilities

3

On the incorporation under section 88(1) of a governing body (“the new governing body”) for a school which, immediately before the incorporation date, was conducted by a temporary governing body constituted under arrangements made under section 96 or 97—

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

• (b) all rights and liabilities of the temporary 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.

4

On the incorporation under section 88(1) of a governing body (“the new governing body”) constituted under an instrument of government for two or more schools grouped in pursuance of a resolution under section 89—

• (a) all land and other property which, immediately before the date of incorporation, was property of the governing body of any of those schools used or held for the purposes of the school in question, and

• (b) all rights and liabilities of the governing body of any of those schools 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.

Contracts of employment

5

Without prejudice to the generality of paragraphs 3 and 4, where those provisions effect a transfer of rights and liabilities under a contract of employment—

• (a) the contract shall have effect from the date of incorporation as if originally made between the employee and the incorporated governing body, and

• (b) without prejudice to sub-paragraph (a) above, 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 the incorporated governing body,

but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by those provisions.

Dissolution and discontinuance

6

• (1) A governing body incorporated under section 88(1) 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

• (c) if a new governing body of the school are constituted under Chapter IV of Part II.

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

7

• (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) 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) 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.

8

• (1) This paragraph applies where such a governing body dissolved by virtue of paragraph 6 are the governing body of two or more schools grouped in pursuance of a resolution under section 89.

• (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) 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) 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) 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.

9

• (1) This paragraph applies in relation to the governing body of two or more schools grouped in pursuance of a resolution under section 89.

• (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) 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 Chapter IV of Part II 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.

10

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

• (a) to the local education authority ceasing to maintain it in accordance with proposals under section 167 (discontinuance of county or voluntary schools) or section 339 (discontinuance of special schools), or

• (b) to its discontinuance under section 173 (discontinuance by governors of voluntary schools).

Supplementary provisions about transfers

11

Where a transfer under this Schedule relates to registered land, it shall be the duty of the transferor—

• (a) to execute any such instrument under the Land Registration Acts 1925 to 1986,

• (b) to deliver any such certificate under those Acts, and

• (c) 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.

12

Paragraphs 6 to 8 of Schedule 1.0 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers effected by this Schedule as they apply to transfers to which that Schedule applies.

SCHEDULE 8

Introductory

1

In this Schedule, except where a school of a particular category is referred to—

• “governing body” means the governing body of a county, voluntary or maintained special school, and

• “school” means a county, voluntary or maintained special school.

Co-option or other appointment of governors

2

• (1) Subject to sub-paragraph (2), where the instrument of government for a county, controlled or maintained special school provides for one or more persons to be co-opted by governors as members of the governing body, it shall not make any provision which has the effect of restricting those governors in their choice of person to co-opt.

• (2) The instrument of government for a county, controlled or maintained special school shall require the governors concerned, in co-opting a person to be a member of the governing body—

• (a) to have regard—

• (i) to the extent to which they and the other governors are members of the local business community, and

• (ii) to any representations made to the governing body as to the desirability of increasing the connection between the governing body and that community, and

• (b) where it appears to them that no governor of the school is a member of the local business community or that it is desirable to increase the number of governors who are, to co-opt a person who appears to them to be a member of that community.

• (3) In this paragraph references to the co-option of governors—

• (a) are to the co-option of governors required to be co-opted by virtue of section 79; but

• (b) do not include the co-option of foundation governors.

3

If—

• (a) the instrument of government for a school provides for one or more governors to be appointed by persons acting jointly, and

• (b) those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.

4

The instrument of government for a voluntary school shall name the person or persons (if any) who are entitled to appoint any foundation governor.

Ex officio governors

5

If a school has more than one head teacher (whether or not as a result of two or more schools being grouped under section 89), each of them shall be a governor (ex officio) unless he chooses not to be.

6

The instrument of government for a voluntary school may provide for any foundation governorship to be held ex officio by the holder of an office named in the instrument.

Election of governors

7

• (1) In this paragraph “the appropriate authority”—

• (a) in relation to a county, controlled or maintained special school, means the local education authority, and

• (b) in relation to an aided or special agreement school, means the governing body.

• (2) The appropriate authority in relation to a school shall determine—

• (a) for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school, and

• (b) for the purposes of an election of teacher governors, any question whether a person is a teacher at the school.

• (3) The appropriate authority shall make all necessary arrangements for, and determine all other matters relating to, an election of parent governors or teacher governors.

• (4) The power conferred by sub-paragraph (3)—

• (a) includes power to make provision as to qualifying dates, but

• (b) does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.

• (5) Any election of parent governors or teacher governors which is contested shall be held by secret ballot.

• (6) The arrangements made under sub-paragraph (3) shall, in the case of any election of a parent governor, provide for every person who is entitled to vote in the election to have an opportunity to do so by post or, if he prefers, by having his ballot paper returned to the school by a registered pupil at the school.

• (7) Where a vacancy for a parent governor is required to be filled by election, the appropriate authority shall take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

• (a) informed of the vacancy and that it is required to be filled by election;

• (b) informed that he is entitled to stand as a candidate, and vote, at the election; and

• (c) given an opportunity to do so.

Qualifications of governors and tenure of office

8

No person shall be qualified for membership of a governing body unless he is aged 18 or over at the date of his election or appointment.

9

No person shall at any time hold more than one governorship of the same school.

10

• (1) Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as governors of schools.

• (2) The instrument of government for a school may make provision as to circumstances in which persons are to be disqualified for holding office as governors of the school.

• (3) The fact that a person is qualified to be elected or appointed as a governor of a particular category of a school does not disqualify him for election or appointment as a governor of any other category of that school.

11

• (1) The instrument of government for a county, controlled or maintained special school shall provide for each governor, other than one who is a governor ex officio, to hold office for a term of four years.

• (2) The instrument of government for an aided secondary school shall provide for each governor appointed by a person named in the instrument as a sponsor of the school to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

• (3) This paragraph shall not be taken to prevent a governor—

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

• (b) from being disqualified, by virtue of provision made under paragraph 10, for continuing to hold office.

12

Any governor of a school may at any time resign his office.

13

• (1) Any governor of a school who was appointed otherwise than by being co-opted, or any foundation governor of a voluntary school, may be removed from office by the person or persons who appointed him.

• (2) For the purposes of this paragraph, a parent governor appointed in accordance with any provision made by virtue of section 81 shall be treated as having been co-opted.

Meetings and proceedings

14

The proceedings of a 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.

15

• (1) Regulations may make provision (including provision modifying the effect of paragraph 14) as to the meetings and proceedings of governing bodies.

• (2) The instrument of government for a school may make provision as to the meetings and proceedings of the school’s governing body.

• (3) The provision that may be made under sub-paragraph (1) or (2) includes, in particular, provision—

• (a) for the election by the governors of a school of one of their number to be chairman, and one to be vice-chairman, of the governing body;

• (b) for the period for which the chairman and vice-chairman are to be elected;

• (c) for the establishment by the governing body of committees (which may include persons who are not members of the governing body) and for the constitution, meetings and proceedings of committees so established;

• (d) for the delegation of functions of the governing body, in such circumstances as may be specified, to committees established by that body, to any member of that body or to the head teacher;

• (e) for the chairman, or such other member of a governing body as may be specified, to have power in specified circumstances to discharge any of the governing body’s functions as a matter of urgency; and

• (f) as to the quorum required for the purposes of making appointments of parent governors in accordance with any provision made by virtue of section 81 or when business is transacted by governors of a particular category.

• (4) In sub-paragraph (3) “specified” means specified in regulations or the instrument of government (as the case may be).

16

• (1) No decision of a kind mentioned in sub-paragraph (2) which is taken at a meeting of the governing body of an aided or special agreement school shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.

• (2) The decisions in question are—

• (a) any decision that would result in—

• (i) the submission of any proposals under section 41 (alteration etc. of school), or

• (ii) a transfer of the school to a new site in circumstances falling within section 41(3), or

• (iii) the submission of any proposals under section 51 (division of school into two or more schools);

• (b) any decision—

• (i) to request the making of an order under section 46 (establishment of new school in substitution for old) or section 47 (transfer to new site), or

• (ii) as to the submissions to be made to the Secretary of State in any consultations under section 46(4) or section 47(3) (transfer to new site);

• (c) any decision that would result in an application under section 57 or 58(1) (revocation of order by virtue of which school is aided or special agreement school);

• (d) any decision to serve a notice under section 173 (discontinuance of school); and

• (e) any decision to make an agreement under Schedule 6 (transfer to local education authority of interests in school premises on school changing to county school).

Information as to meetings and proceedings

17

The minutes of the proceedings of the governing body of a school shall be open to inspection by the local education authority.

18

• (1) Regulations may require the governing body of a school to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.

• (2) Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.

Travelling and subsistence allowances

19

Section 519 makes provision for a local education authority to pay travelling and subsistence allowances to governors of a school where it does not have a delegated budget.

Information and training for governors

20

• (1) The local education authority shall secure that every governor of a school is provided (free of charge) with—

• (a) a copy of the school’s instrument of government and articles of government, and

• (b) such other information as they consider appropriate in connection with the discharge of his functions as a governor.

• (2) The local education authority shall also secure that there is made available to every governor of a school (free of charge) such training as the authority consider necessary for the effective discharge of those functions.

Conflict between instrument of government and regulations

21

Any provision made by an instrument of government by virtue of paragraph 10(2), 11 or 15(2) which relates to a matter dealt with by regulations under paragraph 10(1) or 15(1) shall have effect subject to the regulations.

SCHEDULE 9

Preliminary

1

In this Schedule—

• “arrangement” means an arrangement made under section 96 or 97 for the constitution of a temporary governing body; and

• “promoters”, in relation to a new school which will be a voluntary school, means the persons making the relevant proposals.

Constitution of temporary governing bodies

2

• (1) Subject to the following provisions of this Schedule, a temporary governing body of a new school shall be constituted—

• (a) in accordance with sections 79 and 80 (so far as applicable), where the school will be a county, controlled or maintained special school, and

• (b) in accordance with sections 84 and 85 (so far as applicable), where the school will be an aided school.

• (2) For the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the temporary governing body of a new school, the new school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

3

• (1) A local education authority shall not make an arrangement in respect of a new school which will be a controlled school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors; and in the event of any disagreement between the authority and the promoters in respect of that provision, either of them may refer the matter to the Secretary of State.

• (2) A local education authority shall not make an arrangement in respect of a new school which will be an aided school without the agreement of the promoters as to the composition of the temporary governing body; and in the event of any disagreement between the authority and the promoters as to the composition of that body, either of them may refer the matter to the Secretary of State.

• (3) On a reference under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Appointment of temporary governors

4

The temporary parent governors of a new school shall, subject to paragraph 6, be appointed—

• (a) where the school will be a county, controlled or maintained special school, by the local education authority, and

• (b) where it will be an aided school, by the promoters.

5

The temporary teacher governors of a new school shall, subject to paragraph 6, be co-opted by a resolution passed at a meeting of those temporary governors who have not themselves been co-opted.

6

• (1) Where—

• (a) two or more schools have been, or are to be, discontinued, and

• (b) the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school,

the local education authority may provide for any of the governing bodies of the discontinued schools to appoint some or all of the temporary parent or teacher governors of the new school.

• (2) No provision may be made under sub-paragraph (1) for the appointment of temporary parent or teacher governors of a new school which will be an aided school without the agreement of the promoters; and in the event of any disagreement between the authority and the promoters as to whether any such provision should be made, either of them may refer the matter to the Secretary of State.

• (3) On a reference under sub-paragraph (2), the Secretary of State shall give such direction as he thinks fit.

• (4) Before making any provision under sub-paragraph (1) for the appointment of temporary parent or teacher governors of a new school which will be a controlled school, the local education authority shall consult the promoters.

7

• (1) No person shall be appointed under paragraph 4 or 6 as a temporary parent governor of a new school unless—

• (a) he is the parent of a child who is likely to become a registered pupil at the school, or

• (b) where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.

• (2) No person shall be appointed under paragraph 4 as a temporary parent governor of a new school if he is—

• (a) an elected member of the local education authority; or

• (b) an employee of the authority or of the governing body of any aided school maintained by the authority.

• (3) No person shall be appointed under paragraph 5 or 6 as a temporary teacher governor of a new school unless he is employed as a teacher in a school maintained by a local education authority.

8

• (1) Where any person, other than a prospective sponsor, appoints a person as a temporary governor of a new school, he shall have regard to the desirability of that person being suitably experienced.

• (2) For the purposes of this paragraph a person is suitably experienced—

• (a) if he has served as a governor or temporary governor of a school, and

• (b) in particular, in a case where registered pupils at another school which has been, or is to be, discontinued are expected to transfer to the new school, if he has served as a governor or temporary governor of that other school.

• (3) In sub-paragraph (1) “prospective sponsor” means a person who is to be named in the instrument of government as a sponsor of the school in question.

9

• (1) Subject to sub-paragraph (2), where temporary governors are required to co-opt one or more persons to be members of the temporary governing body, the arrangement under which the temporary governing body are constituted shall not make any provision which has the effect of restricting those temporary governors in their choice of person to co-opt.

• (2) In co-opting a person to be a member of a temporary governing body of a new school which will be a county, controlled or maintained special school, the temporary governors concerned shall have regard—

• (a) to the extent to which they and the other temporary governors are members of the local business community, and

• (b) to any representations made to the temporary governing body as to the desirability of increasing the connection between the temporary governing body and that community,

and, where it appears to them that no temporary governor of the new school is a member of the local business community or that it is desirable to increase the number of temporary governors who are, shall co-opt a person who appears to them to be a member of that community.

• (3) This paragraph does not apply in relation to the co-option of temporary foundation governors, and sub-paragraph (2) does not apply in relation to the co-option of temporary teacher governors.

10

If—

• (a) a temporary governor is to be appointed by persons acting jointly, and

• (b) those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.

Qualifications of temporary governors and tenure of office

11

No person shall be qualified for membership of a temporary governing body unless he is aged 18 or over at the date of his appointment.

12

• (1) No person shall at any time hold more than one temporary governorship of the same school.

• (2) The fact that a person is qualified to be appointed as a temporary governor of a particular category of a new school does not disqualify him for appointment as a temporary governor of any other category of that school.

13

Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as temporary governors.

14

A member of a temporary governing body may at any time resign his office, or be removed from office, in the same way as a member of a governing body constituted under an instrument of government.

Meetings and proceedings

15

• (1) The proceedings of a temporary governing body shall not be invalidated by—

• (a) any vacancy among their number, or

• (b) any defect in the appointment of any temporary governor.

• (2) If the clerk to a temporary governing body fails to attend any meeting of theirs, they may appoint one of their number to act as clerk for the purposes of that meeting (but without prejudice to his position as a temporary governor).

16

Regulations may make provision in relation to temporary governing bodies similar to that which may be made in relation to governing bodies by regulations under paragraph 15(1) of Schedule 8.

17

• (1) Subject to sub-paragraph (2), the first meeting of a temporary governing body shall be called by their clerk.

• (2) Where the clerk fails to call the first meeting within such period as the local education authority consider reasonable, the authority shall call it.

Information as to meetings and proceedings

18

The minutes of the proceedings of a temporary governing body shall be open to inspection by the local education authority.

Travelling and subsistence allowances.

19

Section 519 (allowances for governors) shall apply in relation to the members of a temporary governing body as it applies in relation to the members of a governing body of a school falling within subsection (1)(a) of that section.

Expenses of temporary governing bodies

20

Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.

Information for temporary governing bodies

21

A local education authority shall secure that the temporary governing body of a new school which will be maintained by them are, on being constituted, provided (free of charge) with such explanatory and other information as the authority consider is required to enable the temporary governing body to discharge their functions effectively.

Powers of the Secretary of State

22

For the purposes of the following provisions—

• (a) section 495(1) (determination of disputes),

• (b) section 496 (prevention of unreasonable exercise of functions), and

• (c) sections 497 and 498 (default powers),

a temporary governing body shall be treated as if they were the governing body of the school in question.

SCHEDULE 10

Time limit for constitution of governing body

1

The local education authority shall secure that the governing body of a new school are constituted—

• (a) as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect under section 99, and

• (b) in any event not later than the last day of the term in which pupils first attend the new school or (as the case may be) first attend the school after it becomes maintained by the authority.

Status of temporary governing body pending constitution of governing body

2

Where the requirement for there to be an instrument of government for a new school has taken effect under section 99, the temporary governing body shall, until such time as the governing body are constituted—

• (a) continue in existence (despite the fact that the arrangement under which they were constituted has come to an end under section 96 or 97); and

• (b) be treated as if they were the governing body.

Role of temporary governing body as regards constitution of governing body

3

• (1) Before making an order under section 76 as to the instrument of government for a new school, the local education authority shall consult the temporary governing body and the head teacher.

• (2) Before making such an order in respect of a new school which will be a voluntary school, the authority shall—

• (a) secure the agreement of the temporary governing body to the terms of the proposed order; and

• (b) secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

• (3) Where a local education authority propose to make an order under section 76 as to the instrument of government for a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

• (4) On a reference under sub-paragraph (3), the Secretary of State shall give such direction as he thinks fit.

4

• (1) A temporary governing body shall recommend (with reasons) persons who belong to the community served by the new school and who are, in their opinion, suitable for appointment as co-opted members of the governing body who will succeed them.

• (2) Before making any recommendations under this paragraph, a temporary governing body shall consult representatives of the local business community.

Initial constitution of governing body

5

• (1) When the requirement for there to be an instrument of government for a new school takes effect under section 99, sub-paragraph (2) shall apply for the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the school’s governing body.

• (2) Where this sub-paragraph applies, the school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

• (3) Subject to sub-paragraph (4), sub-paragraph (2) shall, as from the time when the governing body is first constituted, continue to apply for the purposes of determining what provision would be required to be made by a new instrument of government for the school.

• (4) Sub-paragraph (2) shall cease so to apply in relation to the school at such time as—

• (a) the number of registered pupils at the school reaches the maximum referred to in that sub-paragraph; or

• (b) the local education authority give any direction by virtue of sub-paragraph (5).

• (5) The instrument of government for a school in relation to which sub-paragraph (2) applies when the instrument is made shall provide for the local education authority to have power to direct that sub-paragraph (2) shall cease to apply in relation to the school.

Information about temporary governing body for successors

6

• (1) Immediately before the arrangement under which a temporary governing body are constituted comes to an end under section 96 or 97, they shall prepare, for the purpose of assisting the governing body who will succeed them, a brief report of the action which they have taken in the discharge of their functions.

• (2) All minutes and papers of a temporary governing body, including the report prepared under sub-paragraph (1), shall be made available to their successors.

SCHEDULE 11 — Contents of statements under section 122(2) and section 124(1)

Part I — Statements under section 122(2)

1

• (1) This Part of this Schedule applies to any statement prepared by a local authority under section 122(2).

• (2) In this Part of this Schedule “the scheme” means the scheme referred to in section 122(1).

2

The statement shall contain the following particulars in respect of the financial year to which it relates—

• (a) the amount of the authority’s general schools budget for the year (as initially determined for the purposes of the scheme),

• (b) the amount of the authority’s aggregated budget for the year under the scheme (as so determined),

• (c) such particulars as may be prescribed of amounts deducted in respect of excepted heads or items of expenditure (as defined in section 105(3)) in arriving at the amount specified in the statement by virtue of sub-paragraph (b),

• (d) such particulars as may be prescribed of amounts deducted by virtue of section 105(1)(b) in arriving at the amount so specified, and

• (e) such particulars of the allocation formula under the scheme as may be prescribed.

3

• (1) The statement shall also contain, with respect to each school required to be covered by the scheme in the year in question, particulars in relation to that year of the planned expenditure per pupil arising from the division of the school’s budget share (as initially determined for the purposes of the scheme) by the initial pupil number.

• (2) In sub-paragraph (1) “the initial pupil number” means the number of registered pupils at the school in question which is required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the year.

4

The statement shall contain such further information in respect of the financial provision the authority plan to make in the year in question for county and voluntary schools maintained by them as may be prescribed.

Part II — Statements under section 124(1)

5

• (1) A statement prepared by a local authority under section 124(1) shall give the following particulars in respect of the financial year to which it relates—

• (a) the initial amount appropriated for meeting expenditure in the year in respect of all the schools required to be covered by the statement,

• (b) the amount remaining after deducting from that initial amount the aggregate of the amounts referred to in sub-paragraph (2), and

• (c) such particulars as may be prescribed of the amounts referred to in sub-paragraph (2).

• (2) Those amounts are the initial amounts appropriated for meeting the following descriptions of expenditure in the year in respect of all the schools required to be covered by the statement—

• (a) expenditure treated by the authority as expenditure of a capital nature,

• (b) expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan used to meet expenditure falling within paragraph (a), and

• (c) expenditure of such other descriptions as may be prescribed.

6

• (1) The statement shall also give, in relation to each school required to be covered by it, the following particulars in respect of the year—

• (a) the share of the general expenditure amount which is appropriated by the authority for meeting expenditure for the purposes of the school,

• (b) the share which is so appropriated of such of the amounts referred to in paragraph 5(2)(c) as may be prescribed,

• (c) the amount of any expenditure initially planned for the purposes of the school and treated by the authority as expenditure of a capital nature, and

• (d) such particulars as may be prescribed of the basis on which the authority determine the shares specified in the statement by virtue of paragraphs (a) and (b).

• (2) In sub-paragraph (1) “the general expenditure amount” means the amount of which particulars are required to be given by paragraph 5(1)(b).

7

The statement shall contain such further information in respect of the financial provision initially planned by the authority for the schools required to be covered by the statement as may be prescribed.

8

Where only one school is required to be covered by the statement, the references in paragraph 5 to all the schools are references to that school and paragraph 6 does not apply.

SCHEDULE 12 — Financial delegation and new schools

Preliminary

1

In this Schedule “temporary governing body” does not include a temporary governing body who by virtue of paragraph 2 of Schedule 10 fall to be treated as a governing body.

New county and voluntary schools

2

• (1) For the purposes of applying (in accordance with this Schedule) sections 101 to 122 and Part I of Schedule 11 in relation to new schools which will be county or voluntary schools—

• (a) references to a school conducted by a governing body shall be read as including a new school which has a temporary governing body, and

• (b) other references to the governing body of a school shall be read as including the temporary governing body of a new school.

• (2) For those purposes—

• (b) references to a county or voluntary school maintained by a local authority , and

• (b) references, in a context referring to a local authority, to county and voluntary schools,

shall be read as including a new school which on implementation of the relevant proposals will be a county or voluntary school maintained by the authority.

3

• (1) A new school which will be a county or voluntary school is required to be covered by a scheme in any financial year if it has a temporary governing body during the whole or any part of that year.

• (2) In the case of such a school, sections 101 to 122 and Part I of Schedule 11 apply subject to the modifications set out in paragraphs 4 to 7.

4

• (1) Where a school required to be covered by a scheme in a financial year is a new school during the whole or any part of that year, the provision required by section 106(4)(a) shall not apply in relation to the determination of the school’s budget share for the year, so far as that share falls in accordance with the scheme to be treated as referable to planned expenditure by the local authority for the purposes of the school in respect of any period before the implementation of the relevant proposals.

• (2) Accordingly—

• (a) paragraph 3(1) of Schedule 11 shall apply in relation to the school as if it referred to such part (if any) of the school’s budget share for the year as falls to be determined in accordance with the provision required by section 106(4)(a); and

• (b) the statement under section 122(2) shall include in relation to the school the additional particulars mentioned in sub-paragraph (3).

• (3) Those particulars are the amount of such part (if any) of the school’s budget share for the year (as initially determined for the purposes of the scheme) as falls in accordance with the scheme to be treated as referable to planned expenditure such as is mentioned in sub-paragraph (1).

• (4) Sub-paragraph (1) shall not be taken as prejudicing the inclusion in the allocation formula under a scheme, by virtue of section 106(4)(b), of provision taking into account in relation to a new school any forecast made in accordance with the scheme of the number of pupils it will have on implementation of the relevant proposals.

5

The delegation requirement under a scheme shall not apply in relation to a new school (where it is not a school to which section 110 applies) until such date as may be determined by or under the scheme.

6

Section 110 shall have effect, in relation to a new school to which it applies, with the omission of subsection (3)(a).

7

Section 122(7) shall not apply in relation to the temporary governing body of a new school.

New special schools

8

• (1) Any reference—

• (a) in section 120, to maintained special schools or to a maintained special school, or

• (b) in section 124, to special schools or to a special school,

shall be read as including a new school proposed to be established by a local authority which will be a maintained special school and which has a temporary governing body.

• (2) Any reference in section 120 or 124 to a school’s governing body shall be read, in relation to such a new school, as a reference to its temporary governing body.

• (3) The reference in section 124(1) to a local authority maintaining a special school or special schools shall be read, in relation to such a new school, as a reference to the authority being under a duty by virtue of paragraph 20 of Schedule 9 to defray expenses in relation to its temporary governing body.

9

Section 124(8) shall not apply in relation to the temporary governing body of a new school.

Financial delegation apart from schemes

10

Section 125 shall not apply in relation to a new school.

SCHEDULE 13 — Staffing of county, controlled, special agreement and maintained special schools

The selection panel

1