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School Standards and Framework Act 1998

Type Public General Act

Publication 1998-07-24

Last updated 2026-04-21

State In force

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Part I — Measures to raise standards of school education

Chapter I — Limit on infant class sizes

Duty to set limit on infant class sizes.

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(1) The Secretary of State shall by regulations—

(a) impose a limit on class sizes for infant classes at maintained schools; and

(b) specify the school years in relation to which any such limit is to have effect.

(2) Any limit imposed under this section shall specify the maximum number of pupils that a class to which the limit applies may contain while an ordinary teaching session is conducted by a single school teacher.

(3) Subject to subsections (4) and (5), regulations under this section shall be so framed that—

(a) the maximum number specified in pursuance of subsection (2) is 30, and

(b) that limit has effect in relation to the 2001-02 school year and any subsequent year.

(4) Regulations under this section may—

(a) provide for any limit imposed under this section to take effect—

(i) at the same time in the case of each of the age groups into which the pupils in infant classes fall, or

(ii) at different times (which may be earlier than the beginning of the school year mentioned in subsection (3)) in the case of different such age groups;

(b) provide that, in any circumstances specified in the regulations, any such limit either is not to apply or is to operate in such manner as is so specified.

(5) The Secretary of State may by order amend subsection (3)—

(a) by substituting for “30” such other number as is specified in the order; or

(b) by substituting for the reference to the 2001-02 school year a reference to such other school year as is so specified.

(6) Where any limit imposed under this section applies to an infant class at a maintained school, the local authority and the governing body shall exercise their functions with a view to securing that that limit is complied with in relation to that class.

Plans by LEAs for reducing infant class sizes.

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Payment of grant in connection with reductions in infant class sizes.

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(1) Regulations shall make provision for the payment by the Secretary of State of grants to local authorities in respect of expenditure incurred or to be incurred by them for the purpose of securing that any limit imposed under section 1 is complied with in relation to infant classes at schools maintained by them.

(2) Regulations under this section shall provide for the Secretary of State—

(a) to withhold grants under the regulations from a local authority where no proposed arrangements by that authority have been approved by him under section 2; and

(b) when determining whether any grant (and, if so, what amount) should be paid by him under the regulations to a local authority, to have regard to their proposed arrangements as so approved.

(3) Regulations under this section may provide—

(a) for the payment of grant under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and

(b) for requiring local authorities to whom payments have been made under the regulations to comply with such requirements as may be so determined.

Interpretation of Chapter I.

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In this Chapter—

“class” means a group in which pupils are taught in an ordinary teaching session;

“infant class” means a class containing pupils the majority of whom will attain the age of five, six or seven during the course of the school year;

“ordinary teaching session” does not include a school assembly or other school activity usually conducted with large groups of pupils;

“school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers’ pay and conditions)

Chapter II — General responsibilities of local authorities

Duty to promote high standards of education

Duty of LEAs to promote high standards in primary and secondary education.

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Education development plans

Preparation of education development plans.

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Approval, modification and review of statement of proposals.

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Intervention by Secretary of State

Reserve power of Secretary of State to secure proper performance of local authority's functions.

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After section 497 of the Education Act 1996 there shall be inserted—

(497A) (1) This section applies to a local education authority’s functions (of whatever nature) which relate to the provision of education— (a) for persons of compulsory school age (whether at school or otherwise), or (b) for persons of any age above or below that age who are registered as pupils at schools maintained by the authority. (2) If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a local education authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection (3) or (4). (3) The Secretary of State may under this subsection direct an officer of the authority to secure that that function is performed in such a way as to achieve such objectives as are specified in the direction. (4) The Secretary of State may under this subsection give an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function— (a) is performed, on behalf of the authority and at their expense, by such person as is specified in the direction, and (b) is so performed in such a way as to achieve such objectives as are so specified; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified. (5) Where the Secretary of State considers it expedient that the person specified in directions under subsection (4) should perform other functions to which this section applies in addition to the function to which subsection (2) applies, the directions under subsection (4) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person should perform any such additional functions, the Secretary of State may have regard to financial considerations. (6) Any direction under this section may either— (a) have effect for an indefinite period until revoked by the Secretary of State, or (b) have effect until any objectives specified in the direction have been achieved (as determined in accordance with the direction). (7) Any direction given under subsection (3) or (4) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus. (497B) (1) Where the Secretary of State gives directions under section 497A(4) to an officer of a local education authority, the person specified in those directions shall, in the performance of the function or functions specified in the directions, be entitled to exercise the powers conferred by this section. (2) The specified person shall have at all reasonable times— (a) a right of entry to the premises of the authority, and (b) a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the performance of the specified function or functions. (3) In exercising the right to inspect records or other documents under subsection (2), the specified person— (a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and (b) may require— (i) the person by whom or on whose behalf the computer is or has been so used, or (ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form). (4) Without prejudice to subsection (2), the authority shall give the specified person all assistance in connection with the performance of the specified function or functions which they are reasonably able to give. (5) Subsection (2) shall apply in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)— (a) the governing body of any such school shall give the specified person all assistance in connection with the exercise of his functions which they are reasonably able to give; and (b) the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school. (6) Any reference in this section to the specified person includes a reference to any person assisting him in the performance of the specified function or functions. (7) In this section “document” and “records” each include information recorded in any form.

Parent governor representatives on education committees

Education committees to include representatives of parent governors.

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At the end of section 499 of the Education Act 1996 (power of Secretary of State to direct appointment of members of education committees) there shall be added—

(6) Regulations may require— (a) any such committee as is mentioned in subsection (1) or (3), and (b) any sub-committee appointed by any authorities within subsection (1) or (3), or by any committee within paragraph (a) of this subsection, for the purpose mentioned in subsection (5)(b), to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in relation to which the committee or sub-committee acts. (7) Regulations may make provision for— (a) the number of persons who are to be elected for the purposes of subsection (6) in the case of any local education authority; (b) the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election; (c) the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected; (d) the term of office of persons so elected and their voting rights; (e) the application to any such committee or sub-committee, with or without any modification, of 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; (f) such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate. (8) Regulations may also make provision— (a) enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in relation to which a committee or sub-committee acts, that the requirement imposed on the committee or sub-committee by virtue of subsection (6) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools; (b) for any regulations under subsection (7) to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed. (9) In subsections (6) and (8) “maintained school” and “parent governor” have the same meaning as in the School Standards and Framework Act 1998.

Chapter III — Education action zones

Establishment of education action zones.

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(1) If the Secretary of State considers that it is expedient to do so with a view to improving standards in the provision of education at any particular eligible schools, he may by order provide for those schools to constitute collectively an education action zone for the purposes of this Chapter.

(1A) For the purposes of subsection (1) “eligible school” means—

(a) a maintained school;

(b) a nursery school;

(d) an independent school.

(2) An education action zone shall be established in the first instance for three years; but the Secretary of State may, by an order made before the end of that period, provide for the zone to continue in existence for a further two years.

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(4) No order shall be made by the Secretary of State under subsection (1) or (2) except on an application made for the purpose with the consent of the governing body of every school which it is proposed should be a participating school.

(5) Any school which ceases to be a participating school by virtue of subsection (2) may nevertheless be included in a further order under subsection (1).

(6) In this Chapter—

(a) references to a governing body—

(i) in relation to an independent school (other than an Academy, city technology college or city college for the technology of the arts), are to the proprietor of the school, and

(ii) in relation to a new school, include the temporary governing body of the school;

(b) “participating school”, in relation to an education action zone, means one of the schools that—

(i) for the time being is included in the order under subsection (1), or

(ii) has been added to the zone by virtue of section 11B,

other than a school that has been removed from the zone in accordance with section 11C;

(d) “new school” has the meaning given in section 72(3).

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(8) Unless the Secretary of State by order otherwise provides, nothing in this Chapter applies in relation to Wales.

Establishment of Education Action Forum for zone.

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(1) An order establishing an education action zone under section 10(1) shall provide for the establishment of an Education Action Forum for the zone.

(2) An Education Action Forum shall be a body corporate ... .

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(4) Schedule 1 has effect in relation to an Education Action Forum.

(5) The Forum established for an education action zone shall be dissolved by order of the Secretary of State with effect from the time when the zone ceases to exist in accordance with section 10(2).

(6) An order under subsection (5) may make provision for the transfer of property, staff, rights and liabilities of the Forum and for the preparation of a final statement of accounts.

Constitution of Education Action Forum

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(1) The members of an Education Action Forum must include—

(a) one person appointed by the governing body of each of the participating schools, unless the governing body of any such school choose not to make such an appointment, and

(b) one or two persons appointed by the Secretary of State, unless he chooses not to make such appointments.

(2) Subject to that, an Education Action Forum—

(a) shall initially be constituted in accordance with the order under section 10(1), and

(b) may subsequently alter its membership (as set out in that order or as previously altered under this paragraph).

(3) In subsection (2) the references to altering the Forum’s membership include—

(a) altering the number of members, and

(b) altering who may appoint members.

(4) An alteration may be made under subsection (2)(b) only if it is made—

(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b) with the consent of the Secretary of State.

Expansion of zone

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(1) An Education Action Forum established for an education action zone may add—

(a) any eligible school (within the meaning of section 10(1A)), or

(b) any new school which has a temporary governing body,

to the zone.

(2) But a school may be added under this section only if it is added—

(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b) with the consent of the governing body of the school and of the Secretary of State.

(3) For the purposes of this section references to a school being added to an education action zone are to it becoming one of the schools which constitute collectively the zone.

Removal from zone

11C

(1) An Education Action Forum established for an education action zone may remove a participating school from the zone.

(2) But a school may be removed under this section only if it is removed—

(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b) with the consent of the Secretary of State.

(3) For the purposes of this section references to a school being removed from an education action zone are to it ceasing to be one of the schools which constitute collectively the zone.

Information relating to a Forum and its zone

11D

(1) An Education Action Forum established for an education action zone must provide the Secretary of State with details of—

(a) any alteration made to its constitution under section 11A(2)(b),

(b) any addition of a school to the zone under section 11B, and

(2) The Forum must also, on a request being made by any person, provide him with—

(a) the name of each member of the Forum and of the person or body that appointed him,

(b) the name of any other person or body entitled to appoint a member, and

(3) But the duty under subsection (2) is subject, in such circumstances as the Forum may determine, to the payment by the person concerned of a reasonable fee determined by the Forum.

Functions of Education Action Forum.

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(1) An Education Action Forum shall have as its main object the improvement of standards in the provision of education at each of the participating schools.

(1A) With the consent of the Secretary of State, a Forum may also carry on any other activities which it considers will promote the provision of, or access to, education whether in a participating school or otherwise.

(2) A Forum may, under arrangements made by the governing body of a participating school in respect of any prescribed function of that body relating to the conduct of the school, either—

(a) discharge that function on behalf of the governing body until such time as they may specify in a request to the Forum to cease discharging the function on their behalf; or

(b) assume full responsibility for the discharge of that function during the whole of the period for which the Forum remains in existence.

(3) Regulations may make provision—

(a) as to the circumstances in which the governing body of a participating school may make arrangements under subsection (2);

(b) for the procedure to be followed by such a governing body in connection with the making of any such arrangements;

(c) for the procedure to be followed by an Education Action Forum when discharging any function by virtue of that subsection;

(d) for statutory provisions relating to governing bodies of maintained schools to apply, with any prescribed modifications, to an Education Action Forum when discharging any function by virtue of paragraph (b) of that subsection.

(4) Regulations may, in relation to the discharge by an Education Action Forum of any function of a governing body under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections, make any such provision as may be made by an order under section 81 (application of employment law during financial delegation).

(5) The Secretary of State may by a direction provide for any scheme under Chapter IV of Part II of this Act which relates to a participating school to have effect with such modifications as he considers appropriate in a case where an Education Action Forum is discharging any function in relation to the school by virtue of subsection (2)(b).

(6) Before giving a direction under subsection (5) the Secretary of State shall consult the local authority.

Disapplication of pay and conditions order in relation to teachers at participating schools.

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Chapter IV — Intervention in schools in Wales causing concern

Intervention by local authorities

Powers of intervention exercisable by local authorities.

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Cases where local authority may exercise powers of intervention.

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Power of local authority to appoint additional governors.

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Power of local authority to provide for governing body to consist of interim executive members

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Power of local authority to suspend right to delegated budget.

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Intervention by Assembly

Power of Assembly to appoint additional governors.

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Power of Assembly to provide for governing body to consist of interim executive members

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Power of Assembly to direct closure of school.

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Power of Welsh Ministers to direct local authority to give warning notice: teachers' pay and conditions

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Governing bodies consisting of interim executive members

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Part II — New framework for maintained schools

Chapter I — Introductory

The new categories of schools

New categories of maintained schools.

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(1) Schools maintained by local authorities on or after the appointed day shall be divided into the following categories—

(a) community schools;

(b) foundation schools;

(i) voluntary aided schools, and

(ii) voluntary controlled schools;

(d) community special schools; and

(e) foundation special schools.

(2) A school maintained by a local authority is a school falling within one of the categories set out in subsection (1) if—

(a) it became a school of that category on the appointed day in accordance with Schedule 2 (and has not changed its category under the change of category provisions); or

(b) it was established as a school of that category under any enactment (and has not changed its category under the change of category provisions); or

(2A) In subsection (2) “the change of category provisions” means—

(a) in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and

(b) in the case of a school in Wales, Schedule 8 to this Act or sections 45 to 55 of, and Schedule 4 to, the School Standards and Organisation (Wales) Act 2013.

(3) Schedule 2 makes provision for, and in connection with, the allocation to the categories set out in subsection (1) of schools which immediately before the appointed day were (within the meaning of the Education Act 1996)—

(a) county, voluntary or maintained special schools, or

(b) grant-maintained or grant-maintained special schools.

(4) As from the appointed day a local authority shall maintain (as a school falling within one of those categories)—

(a) any school within subsection (3)(a) which was maintained by the authority immediately before that day; and

(b) (subject to subsection (5)) any school within subsection (3)(b) which immediately before that day was situated within the authority’s area.

(5) Where a grant-maintained school within subsection (3)(b)—

(a) was, immediately before becoming such a school, maintained by a local authority (“the former maintaining authority”) other than the one within whose area it was then situated, and

(b) remains outside the area of the former maintaining authority immediately before the appointed day,

nevertheless, if an order made by the Secretary of State before that day so provides, as from that day the school shall be maintained (as a school falling within one of the categories set out in subsection (1)) by the former maintaining authority rather than the authority in whose area it is situated on that day.

(6) In this section “school” means a primary, secondary or special school, including a nursery school which is a special school but excluding—

(a) a nursery school which is not a special school; and

(b) a pupil referral unit.

(7) In this Act—

“the appointed day” (except in Part I of Schedule 32) means such day as may be appointed for the purposes of this section by an order made by the Secretary of State;

“maintained school” means (unless the context otherwise requires) a community, foundation or voluntary school or a community or foundation special school.

(8) Any reference in this Act to the categories set out in subsection (1) or to any such category is to be read, in its application to voluntary schools, as (or as including) a reference to the sub-categories set out in subsection (1)(c)(i) and (ii) or to any such sub-category.

Kinds of foundation and voluntary schools and types of foundations.

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(1) There may be three kinds of foundation school—

(a) those having a foundation established otherwise than under this Act;

(b) those belonging to a group of schools for which a foundation body acts under this section; and

(2) There may be three kinds of voluntary controlled or voluntary aided school—

(a) those having a foundation established otherwise than under this Act;

(b) those belonging to a group of schools for which a foundation body acts under this section; and

(c) those not falling within either of paragraphs (a) and (b) but having been either of the following immediately before the appointed day, namely—

(i) a voluntary school, or

(ii) a grant-maintained school that was a voluntary school immediately before becoming grant-maintained,

within the meaning of the Education Act 1996.

(3) For the purposes of this Act—

(a) “foundation”, in relation to a foundation or voluntary school, means—

(i) any body of persons (whether incorporated or not but excluding the governing body) which holds land on trust for the purposes of the school, or

(ii) a foundation body;

(b) a school “has” a foundation if—

(i) such a body of persons exists for holding land on trust for the purposes of the school, or

(ii) the school belongs to a group of schools for which a foundation body acts under this section; and

(c) references to land or other property held on trust, or by trustees, for the purposes of a school include references to land or other property which—

(i) is held on trust for purposes which (whether the trust deed expressly so provides or not) include the purposes of the school, and

(ii) is used for the purposes of the school.

(4) For the purposes of this Act—

(a) “foundation body” means a body corporate established under this section to perform, in relation to three or more schools each of which is either a foundation or a voluntary school, the following functions, namely—

(i) to hold property of those schools for the purposes of the schools, and

(ii) to appoint foundation governors for those schools; and

(b) “the group”, in relation to a foundation body, means the group of three or more schools for which the body performs those functions.

(5) The Secretary of State may by regulations make provision for and in connection with—

(a) the establishment, membership, functions and winding up of a foundation body, and

(b) the steps to be taken in connection with schools joining or leaving the group.

(6) Regulations under subsection (5) may, in particular, make provision—

(a) with respect to the transfer of property, rights and liabilities to and from a foundation body when schools join or leave the group but do not change category ... under section 19 of the Education and Inspections Act 2006 or in accordance with proposals made under section 45 of the School Standards and Organisation (Wales) Act 2013;

(b) with respect to the revision or replacement of the instruments of government of schools joining or leaving the group in such circumstances and the reconstitution of their governing bodies;

(d) prescribing a model instrument of government for adoption by a foundation body subject to variations approved by the Secretary of State;

(e) for conferring functions with respect to the resolution of disputes—

(i) between schools in the group, or

(ii) between one or more such schools and a foundation body,

on such person or body as may be specified in the regulations;

(f) in connection with a school leaving the group—

(i) for requiring the publication of proposals ... under section 19 of the Education and Inspections Act 2006 or under section 48 of the School Standards and Organisation (Wales) Act 2013;

(ii) for enabling the Secretary of State to require the publication under either of those sections of proposals for the school to become a school of a category specified by him;

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(g) for the dissolution of a foundation body by order of the Secretary of State;

(h) for enabling the Secretary of State, in the case of any land held by a foundation body immediately before its dissolution which by virtue of this Act could not be disposed of without his consent or to the disposal of which paragraph A9 of Schedule 22 would apply, to determine how that land is to be dealt with on its dissolution;

(i) for conferring functions on ... adjudicators including any functions which might otherwise be conferred on the Secretary of State.

(7) Regulations made in pursuance of subsection (6)(b) may, in connection with the making or variation of instruments of government in preparation for schools joining or leaving the group, modify paragraph 1 of Schedule 12 in its operation in relation to such instruments of government.

(8) The Secretary of State may, after consulting a foundation body, make an order modifying the instrument of government adopted by that body.

(9) Regulations may make provision for applying to foundation special schools, with or without modifications—

(a) any of the provisions of subsections (3) to (8); or

(b) any provision of Schedule 21 to this Act (transfers of land on appointed day).

Maintenance and other funding of schools.

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(1) A local authority are under a duty to maintain the following schools—

(a) any maintained schools which they are required to maintain by virtue of section 20(4) or (5);

(b) any maintained schools established by them...;

(d) any maintained nursery school established by them.

(2) Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.

(3) In the case of a community school, a community special school or a maintained nursery school, the local authority’s duty to maintain the school includes—

(a) the duty of defraying all the expenses of maintaining it, and

(b) the duty of making premises available to be used for the purposes of the school.

(4) In the case of a foundation, voluntary controlled or foundation special school, the local authority’s duty to maintain the school includes—

(a) the duty of defraying all the expenses of maintaining it, and

(b) the duty, under any enactment of providing new premises for the school.

(5) In the case of a voluntary aided school, the local authority’s duty to maintain the school includes—

(a) the duty of defraying all the expenses of maintaining it, except any expenditure that by virtue of paragraph 3 of Schedule 3 is to be met by the governing body, and

(b) the duty, under any enactment of providing new premises for the school.

(6) For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.

(7) Schedule 3 (which makes provision as to the functions of governing bodies, local authorities and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.

(8) In this Act—

(a) in relation to a school maintained (or proposed to be maintained) by a local authority, “the local authority” means that authority; and

(b) in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.

(9) In this Act “maintained nursery school” means a nursery school which is maintained by a local authority and is not a special school.

Charitable status of maintained schools, etc.

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(1) The following shall be charities ...—

(a) the governing body of any foundation, voluntary or foundation special school; and

(b) any foundation body established under section 21;

but no governing body of a community or community special school shall be a charity.

(1A) Any body to which subsection (1)(a) or (b) applies is, as a result of its inclusion in Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act.

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(3) Any foundation established otherwise than under this Act which has no property other than the premises of any school or schools falling within subsection (1)(a) shall be a charity and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 as if that provision applied to it.

(4) In this section—

(a) “institution” has the same meaning as in the Charities Act 2011;

(b) “premises” includes a teacher’s dwelling-house.

Foundation and foundation special schools: requirements as to foundations

23A

(1) This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.

(2) Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.

(3) Condition B is that the school—

(a) acquired its foundation, or

(b) became a school whose instrument of government provides for the majority of governors to be foundation governors,

in pursuance of proposals falling to be implemented under regulations under section 24 of that Act.

(4) Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 24 of that Act and has an instrument of government providing for the majority of governors to be foundation governors.

(5) No institution may act as the foundation of a school to which this section applies unless—

(a) it is a body corporate of a prescribed description,

(b) it is a charity (whether by virtue of section 23(3) or otherwise), and

(c) it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.

(6) The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.

(7) Where any members of the foundation are to be local authorities or persons appointed by local authorities, the proportion of voting rights exercisable by such members must not exceed 20 per cent. of the total voting rights exercisable by members.

(8) Where any of the charity trustees in relation to the foundation are to be appointed by local authorities—

(a) the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and

(b) the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.

(9) Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.

(10) In this section and section 23B—

“charity trustee”, in relation to a school to which this section applies, means any individual who is for the purposes of the Charities Act 2011 a charity trustee in relation to the school's foundation;

“foundation” means a foundation established otherwise than under this Act;

“institution” has the same meaning as in the the Charities Act 2011;

“local authority” includes a non-metropolitan district council for an area for which there is a county council;

“purpose” includes object.

Powers of Secretary of State in relation to charity trustees of foundations

23B

(1) Regulations may make provision enabling the Secretary of State in prescribed cases by direction—

(a) to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;

(b) to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).

(2) Regulations under subsection (1) may make provision as to the effect of a direction given by the Secretary of State under the regulations, and may in particular provide for any such direction to have the same effect as an order of the Charity Commission for England and Wales under section 76 or sections 79 to 81 of the Charities Act 2011 for the removal or appointment of a charity trustee.

(3) Nothing in this section affects the powers of the Charity Commission for England and Wales under any enactment.

New arrangements for organisation of schools

School organisation committees.

24

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

Adjudicators.

25

(1) The Secretary of State shall appoint for England such number of persons to act as adjudicators for the purposes of this Act as he considers appropriate.

(2) Any matter which by virtue of this Act or Part 2 of the Education and Inspections Act 2006 is required to be referred to “the adjudicator” shall be referred to such person appointed under this section as may be determined in accordance with regulations under Schedule 5.

(3) Accordingly in this Act “the adjudicator”, in relation to any such matter, means the person mentioned in subsection (2).

(3A) When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify.

(3B) The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify—

(a) the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;

(b) the proprietor of any other relevant school.

(3C) A person so requested by the adjudicator to provide information must comply with the request.

(3D) In subsections (3A) and (3B), “relevant school” means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005.

(4) Schedule 5 has effect in relation to adjudicators.

School organisation plans.

26

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

Plans of local learning and skills councils.

26A

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

Plans of National Council.

26B

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

Power to require committees or adjudicators for Wales.

27

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Chapter II — Establishment, alteration or discontinuance of schools

Mainstream schools maintained by local authorities

Proposals for establishment or alteration of community, foundation or voluntary school in Wales.

28

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Proposals for establishment of community, foundation or voluntary school maintained by English LEA

28A

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

Proposals for discontinuance of community, foundation, voluntary or maintained nursery school in Wales.

29

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

Notice by governing body to discontinue foundation or voluntary school in England.

30

(1) Subject to the following provisions of this section, the governing body of a foundation or voluntary school in England may discontinue the school by serving on the Secretary of State and the local authority at least two years’ notice of their intention to do so.

(2) If expenditure has been incurred on the school premises (otherwise than in connection with repairs)—

(a) by the Secretary of State,

(b) by the Funding Agency for Schools,

(d) by an authority which was a local education authority within the meaning of any enactment repealed by the Education Act 1944 or an earlier Act,

no such notice may be served without the consent of the Secretary of State.

(3) If discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall, before serving a notice under this section, consult—

(a) if the school is in England—

(i) the Secretary of State, and

(ii) each local authority which has secured the provision of education for any such persons at the school;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If, while a notice under subsection (1) is in force in respect of a foundation or voluntary school, the governing body inform the local authority that they are unable or unwilling to carry on the school until the notice expires, the authority—

(a) may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and

(b) shall be entitled to use the school premises free of charge for that purpose.

(5) While the school is being so conducted—

(a) the authority shall keep the school premises in good repair, and

(b) any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.

(6) Despite the provisions of subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.

(7) A notice served under subsection (1) may not be withdrawn without the consent of the local authority.

(8) If a foundation or voluntary school is discontinued under this section, the duty of the local authority to maintain the school as a foundation or voluntary school shall cease.

(9) Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).

(10) Where—

(a) land occupied by a foundation or voluntary school is held by any trustees for the purposes of the school, and

(b) the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site,

then if the trustees (being entitled to do so) give any notice to the governing body which purports to terminate the school’s occupation of the land, any such notice shall not be effective to terminate its occupation of the land unless the requirements of subsection (11) are complied with in relation to the notice (without prejudice to any other statutory or other requirements falling to be so complied with).

(11) The requirements of this subsection are—

(a) that the period of notice must—

(i) be reasonable having regard to the length of time that would be required to discontinue the school (if the governing body chose to do so), and

(ii) in any event must not be less than two years; and

(b) that a copy of the notice must be given to the Secretary of State and the local authority at the time when the notice is given to the governing body.

(12) Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school’s occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(b) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school’s occupation of both or all of them.

(13) If a question arises as to whether the termination of a school’s occupation of any land would have the result mentioned in subsection (10)(b) (including a question as to whether subsection (12) applies in any particular circumstances), it shall be determined by the Secretary of State.

Special schools maintained by local authorities in Wales

Proposals for establishment, alteration or discontinuance of community or foundation special school in Wales.

31

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Direction requiring discontinuance of community or foundation special school in Wales.

32

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Further provisions relating to establishment, alteration or discontinuance of schools

Further provisions relating to establishment, alteration or discontinuance of schools in Wales.

33

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Rationalisation of school places

Rationalisation of school places.

34

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Change of category of school

School in Wales changing from one category to another.

35

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Chapter III — Government of maintained schools

Governing bodies

Governing bodies.

36

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Instruments of government

Instruments of government.

37

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

Functions of governing body

General responsibility of governing body for conduct of school.

38

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

Additional functions of governing body.

39

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

Control of school premises

Control of use of school premises by governing body.

40

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Fixing of school holidays and times of sessions

Responsibility for fixing dates of terms and holidays and times of sessions.

41

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Reports and parents’ meetings

Governors’ reports and other information.

42

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Annual parents’ meetings.

43

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Government of new schools

Arrangements for government of new schools.

44

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Chapter IV — Financing of maintained schools

Budgetary framework

Maintained schools to have budget shares.

45

(1) For the purposes of the financing of maintained schools by local authorities, every such school shall have, for each funding period, a budget share which is allocated to it by the authority which maintains it.

(1A) In this Chapter “maintained school” means—

(a) a community, foundation or voluntary school,

(b) a community or foundation special school, ...

(d) a pupil referral unit in England.

(1B) In this Chapter “funding period” means a financial year or such other period as may be prescribed.

(2) Sections 45A to 47 have effect for determining the amount of a school’s budget share for a funding period.

(3) In this Chapter—

(a) references to schools maintained by a local authority do not include pupil referral units in Wales;

(aa) references to the governing body of a maintained school or of a school maintained by a local authority shall be read, in relation to a pupil referral unit in England, as references to the management committee for the unit (in spite of paragraph 1 of Schedule 1 to the Education Act 1996);

(ab) references to governors shall be read, in relation to a pupil referral unit in England, as references to the members of the management committee for the unit;

(b) references, in a context referring to a local authority, to a maintained school or to a school maintained by such an authority shall be read as including a new school—

(i) which on implementation of proposals under any enactment will be a community, foundation or voluntary school or a community or foundation special school maintained by the authority, and

(ii) which has a temporary governing body; and

(c) references to the governing body of a maintained school or of a school maintained by a local authority shall accordingly be read as including the temporary governing body of a new school falling within paragraph (b).

(4) In this Chapter “new school” (without more) has the meaning given by section 72(3).

Determination of specified budgets of local authority

45A

(1) For the purposes of this Part, a local authority’s “non-schools education budget” for a relevant period is the amount appropriated by the authority for meeting all education expenditure by the authority in that period of a class or description prescribed for the purposes of this subsection.

(1A) In subsection (1) “relevant period” means a financial year or such other period as may be prescribed.

(2) For the purposes of this Part, a local authority’s “schools budget” for a funding period is the amount appropriated by the authority for meeting all education expenditure by the authority in that period of a class or description prescribed for the purposes of this subsection (which may include expenditure incurred otherwise than in respect of schools).

(2A) The amount referred to in subsection (2) includes the amount of any grant which is appropriated, for meeting the expenditure mentioned in that subsection, in accordance with a condition which—

(a) is imposed under section 16 of the Education Act 2002 (terms on which assistance under section 14 of that Act is given) or any other enactment, and

(b) requires that the grant be applied as part of the authority's schools budget for the funding period.

(3) For the purposes of this Part, a local authority’s “individual schools budget” for a funding period is the amount remaining after deducting from the authority’s schools budget for that period such planned education expenditure by the authority in respect of that period as they may determine should be so deducted in accordance with regulations.

(4) Regulations under subsection (3) may—

(a) prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority’s schools budget;

(b) provide, in relation to any prescribed class or description of expenditure specified in the regulations, that such expenditure may only be deducted subject to either or both of the following, namely—

(i) such limit or limits (however framed) as may be specified by or determined in accordance with the regulations, and

(ii) such other conditions as may be so specified or determined.

(4A) Regulations under subsection (3) may also make provision—

(a) enabling any expenditure falling outside any classes or descriptions of expenditure prescribed by virtue of subsection (4)(a) to be deducted from the authority's schools budget if the deduction of such expenditure is authorised, on the application of the authority, by the authority's schools forum or the Secretary of State, and

(b) enabling any limit or condition that would otherwise apply by virtue of subsection (4)(b)(i) or (ii) to be varied or excluded, on the application of the authority, by the authority's schools forum or the Secretary of State.

(4B) For the purposes of this Part, the duty imposed on a local authority in England by section 7(1) of the Childcare Act 2006 (duty to secure prescribed early years provision free of charge) is to be treated as an education function of the authority.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “education expenditure” means expenditure incurred by a local authority in connection with the performance of their education functions.

Power to require local authorities in England to determine schools budget

45AA

(1) Regulations may require a local authority in England, not later than the prescribed date, to make an initial determination of their schools budget for a funding period.

(2) The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period.

(3) Regulations under subsection (1) may—

(a) authorise or require local authorities in England to take account of matters arising after the initial determination of their schools budgets for any funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and

(b) require notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the local authority.

Duty of local authorities in Wales to determine schools budget

45AB

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

Power to require local authorities in Wales to determine schools budget

45AC

(1) Regulations may require a local authority in Wales, not later than the prescribed date, to make an initial determination of their schools budget for a funding period.

(2) The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period.

(3) Regulations under subsection (1) may—

(a) authorise or require local authorities in Wales to take account of matters arising after the initial determination of their schools budgets for the funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and

(b) require notice of any initial determination or revised determination to be given in accordance with the regulations to the Assembly and to the governing bodies of schools maintained by the local authority.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Assembly to set minimum schools budget for local authority in Wales

45B

(1) If it appears to the National Assembly for Wales that, in all the circumstances, the proposed amount of a local authority's schools budget for a funding period is inadequate, the Assembly may, within the period of fourteen days beginning with the schools budget deadline in the funding period preceding that funding period, give the authority a notice under subsection (6) or (7).

(2) In subsection (1), the reference to the proposed amount of a local authority's schools budget for a funding period is—

(a) if section 45AB is in force in relation to that funding period, a reference to the amount specified in a notice under section 45AB(1)(b), or

(b) if regulations under section 45AC(1) are in force in relation to that funding period, a reference to such amount, determined by the authority in accordance with those regulations and specified in a notice required by those regulations to be given to the Assembly, as may be prescribed.

(3) If at the schools budget deadline in any funding period, a local authority in Wales have failed to give the Assembly a notice under section 45AB(1)(b) or a notice required as mentioned in subsection (2)(b), the Assembly may, at any time after that deadline, give the authority a notice under subsection (6) or (7).

(4) In this section “the schools budget deadline”—

(a) in a case falling within subsection (2)(a), has the same meaning as in section 45AB, and

(b) in a case falling within subsection (2)(b), means the time in the funding period preceding the funding period to which the schools budget relates by which regulations under section 45AC(1) require notice of a revised determination of the schools budget to be given to the Assembly.

(5) In this section and section 45C “the period under consideration” means the funding period to which the notice mentioned in subsection (2)(a) or (b) relates or, in a case falling within subsection (3), the funding period in relation to which such a notice ought to have been given.

(6) A notice under this subsection is a notice determining the minimum amount of the authority's schools budget for the period under consideration.

(7) A notice under this subsection is a notice which—

(a) specifies the amount which the Assembly would have determined as the minimum amount of the authority's schools budget for the period under consideration if the Assembly had acted under subsection (4), and

(b) states the Assembly's intention to determine the minimum amount of the authority's schools budget for the following funding period.

(8) A notice under subsection (6) or (7) must include a statement of the Assembly's reasons for giving the notice.

(9) The Assembly may act under different subsections in relation to different authorities.

Effect of notice under section 45B(6)

45C

(1) The local authority may, within the period of fourteen days beginning with the date of a notice under section 45B(6), give the National Assembly for Wales notice of their objection to the Assembly's determination, giving reasons for their objection.

(2) Where the local authority have given notice of their objection under subsection (1), the notice under section 45B(6) shall cease to have effect, but the Assembly may by order prescribe the minimum amount of the authority's schools budget for the period under consideration.

(3) The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(6).

(4) An order under subsection (2) may relate to two or more authorities.

(5) Where—

(a) a notice under section 45B(6) has been given to a local authority and no notice of objection has been given during the period specified in subsection (1), or

(b) an order has been made under subsection (2),

the local authority shall determine a schools budget for the period under consideration which is not less than the amount specified in relation to the authority in the notice or order.

Power of Assembly to repeal Wales-only school funding provisions

45D

The Assembly may by order—

(a) repeal any of the following provisions—

section 45AB,

section 45AC(4), and

sections 45B and 45C, and

(b) make any amendments of the other provisions of this Chapter which appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).

Determination of LEA’s local schools budget and individual schools budget.

46

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47

(1) For the purposes of this Part a maintained school’s budget share for a funding period is such amount as the local authority may determine, in accordance with regulations, to allocate to the school out of the authority’s individual schools budget for that period.

(2) Regulations under this section may, in particular, make provision—

(a) as to the time when schools’ budget shares are to be initially determined by local authorities;

(b) specifying—

(i) factors or criteria which such authorities are to take into account, or

(ii) requirements as to other matters with which such authorities are to comply,

in determining such shares, whether generally or in such cases as are specified in the regulations;

(i) pupils permanently excluded from schools maintained by them, or

(ii) pupils admitted to schools maintained by them who have been permanently excluded from other maintained schools;

(d) as to the treatment of new schools, including provision authorising the determination of nil amounts as the budget shares of such schools;

(dd) authorising or requiring such authorities to take account of matters arising after the initial determination of budget shares for a funding period but before the beginning of the funding period, by redetermining budget shares for that period in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;

(e) authorising or requiring such authorities to take account of matters arising during the course of a funding period—

(i) by redetermining budget shares for that funding period, or

(ii) by making adjustments to such shares for the following funding period,

in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;

(f) requiring consultation to be carried out by such authorities in relation to the factors or criteria which are to be taken into account in determining such shares and as to the time and manner of such consultation;

(ff) requiring notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the authority in question;

(g) authorising local authorities in prescribed cases to determine (or redetermine) budget shares, to such extent as may be prescribed, in accordance with arrangements approved by the authority's schools forum or the Secretary of State in accordance with the regulations (in place of the arrangements provided for by the regulations);

(2A) The time by which regulations made in pursuance of subsection (2)(a) require an initial determination of schools' budget shares for a funding period to be made may be up to 48 months before the beginning of the funding period.

(3) Regulations made in pursuance of subsection (2)(c) may provide for the adjustments to be made on such basis as may be prescribed, which may involve the deduction from one school’s budget share of an amount which is greater or less than that allocated to another school’s budget share in respect of the excluded pupil.

Free of charge early years provision outside a maintained school: budgetary framework: England

47ZA

(1) This section applies where a local authority in England propose to allocate an amount of relevant financial assistance to a relevant childcare provider for a funding period out of the authority's individual schools budget for the period.

(2) The amount to be allocated is to be determined in accordance with regulations.

(3) Financial assistance provided by a local authority in England to a childcare provider is “relevant” financial assistance if it is provided—

(a) for the purpose of the discharge of the authority's duty under section 7 of the Childcare Act 2006, and

(b) in respect of the provision of childcare.

(4) Regulations under this section may, in particular—

(a) specify factors or criteria which an authority are to take into account in determining the amount of any relevant financial assistance to be provided by them to a relevant childcare provider;

(b) specify factors or criteria which an authority are to disregard in determining such an amount;

(d) make provision about consultation to be carried out by an authority in connection with determining such an amount;

(e) authorise an authority, in prescribed circumstances and to a prescribed extent, to determine such an amount in accordance with arrangements approved by the Secretary of State (instead of in accordance with arrangements provided for by the regulations);

(f) require an authority to provide relevant childcare providers with prescribed information relating to their determination of such an amount;

(g) make provision about the circumstances in which an authority are required to redetermine such an amount;

(h) specify a time by which an authority's determination of such an amount is to take place.

(5) For the purposes of this section—

(a) “childcare” has the meaning given in section 18 of the Childcare Act 2006;

(b) “relevant childcare provider” means a provider of childcare other than the governing body of a maintained school;

(c) a reference to an authority's determination of the amount of any relevant financial assistance includes a reference to the authority's redetermination of such an amount.

Schools forums

47A

(1) Every local authority shall in accordance with regulations establish for their area before such date as may be prescribed a body, to be known as a schools forum, representing the governing bodies and head teachers of schools maintained by the authority and, if the authority so determine, also representing such bodies as the authority may from time to time in accordance with regulations determine.

Every local authority must, in accordance with regulations, establish for their area a body to be known as a schools forum.

(2) Subsection (1) does not apply in relation to the Common Council of the City of London or the Council of the Isles of Scilly.

(3) The purpose of a schools forum is—

(a) to advise the relevant authority on such matters relating to the authority's schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection, and

(b) to exercise any other function that may be imposed on the schools forum by or under this Chapter.

(3A) In exercising its functions, a schools forum is to have regard to any children and young people's plan prepared by the local Children's Trust Board.

(4) Regulations under section 45A(3) or under subsection (3) may include provision requiring a relevant authority to have regard to advice given by their schools forum, or requiring a relevant authority to consult their schools forum in relation to prescribed matters or before taking prescribed decisions.

(4A) Regulations must provide for a schools forum to include—

(a) members representing governing bodies of schools maintained by the relevant authority, and

(b) members representing head teachers of such schools.

(4B) Regulations may provide for a schools forum to include—

(a) members representing such other persons—

(i) as may be prescribed, or

(ii) as the relevant authority may from time to time, in accordance with regulations, determine, and

(b) other members,

and may make further provision as to the constitution of a schools forum.

(5) Regulations may make provision as to the constitution, meetings and proceedings of a schools forum.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Regulations may make provision with respect to expenses of a schools forum.

(8) Except as provided by regulations, the expenses of a schools forum shall be defrayed by the relevant authority.

(9) In this section “relevant authority”, in relation to a schools forum, means the local authority by whom the forum is established.

(10) In this section—

(a) a “children and young people's plan” means a plan published by a Children's Trust Board under section 17 of the Children Act 2004;

(b) “the local Children's Trust Board”, in relation to a schools forum, is the Children's Trust Board established by arrangements made under section 10 of that Act by the relevant authority ....

Local authority schemes

Local authorities’ financial schemes.

48

(1) Each local authority shall maintain a scheme dealing with such matters connected with the financing of the schools maintained by the authority or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) as are required to be dealt with in the scheme by or by virtue of—

(a) regulations made by the Secretary of State; or

(b) any provision of this Part.

(2) Regulations under subsection (1) may, in particular, require a scheme to deal with—

(a) the carrying forward from one funding period to another of surpluses and deficits arising in relation to schools’ budget shares;

(b) amounts which may be charged against schools’ budget shares;

(c) amounts received by schools which may be retained by their governing bodies and the purposes for which such amounts may be used;

(d) the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the management of their delegated budgets, including conditions prescribing financial controls and procedures;

(dd) the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures;

(e) terms on which services and facilities are provided by the authority for schools maintained by them.

(3) Where there is any inconsistency between a scheme maintained by a local authority under subsection (1) and any other rules or regulations made by the authority which relate to the funding or financial management of schools which they maintain, the terms of the scheme shall prevail.

(4) Schedule 14 (which provides for ... the revision of schemes) shall have effect.

(5) In this Part any reference to “the scheme”, in relation to a maintained school, is a reference to the scheme for the time being maintained under this section.

Financial delegation

Maintained schools to have delegated budgets.

49

(1) Every maintained school shall have a delegated budget.

(2) A new school shall have a delegated budget from a date determined in accordance with regulations.

(2A) Regulations under subsection (2) may—

(a) enable the date that would otherwise apply by virtue of the regulations to be varied in accordance with the regulations, on the application of the local authority, by the authority's schools forum or by the Secretary of State, and

(b) make provision about the respective powers of the schools forum and the Secretary of State in relation to any application to vary that date.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to—

(a) section 50 (right of governing body to spend budget share where school has a delegated budget),

(b) paragraph 4 of Schedule 15 (power of governing body to spend amounts out of budget share where delegation of budget suspended),

(d) any provisions of the scheme,

a local authority may not delegate to the governing body of any maintained school the power to spend any part of the authority’s non-schools education budget or schools budget.

(5) Any amount made available by a local authority to the governing body of a maintained school (whether under section 50 or otherwise)—

(a) shall remain the property of the authority until spent by the governing body or the head teacher; and

(b) when spent by the governing body or the head teacher, shall be taken to be spent by them or him as the authority’s agent.

(6) Subsection (5)(b) does not apply to any such amount where it is spent—

(a) by way of repayment of the principal of, or interest on, a loan, or

(b) (in the case of a voluntary aided school) to meet expenses payable by the governing body under paragraph 3(1) or (2) of Schedule 3 expenditure payable by the governing body under paragraph 3(1) of Schedule 3 , ... or paragraph 8 of Schedule 8 to the Education Act 2002 ... or paragraph 4 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013.

(7) In this Part—

(a) references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school’s budget share; and

(b) where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.

Effect of financial delegation.

50

(1) Where a maintained school has a delegated budget in respect of the whole or part of a funding period the local authority shall secure that in respect of that period there is available to be spent by the governing body—

(a) where the school has a delegated budget in respect of the whole of that period, a sum equal to the school’s budget share for the period, or

(b) where the school has a delegated budget in respect of only part of that period, a sum equal to that portion of the school’s budget share for the period which has not been spent.

(2) The times at which, and the manner in which, any amounts are made available by the authority to the governing body in respect of any such sum shall be such as may be provided by or under the scheme.

(3) Subject to any provision made by or under the scheme, the governing body may spend any such amounts as they think fit—

(a) for any purposes of the school; or

(b) (subject also to any prescribed conditions) for such purposes as may be prescribed.

(3A) In the case of a school in England—

(a) subject to regulations under paragraph (b) below, subsection (3)(a) has effect as if amounts spent on providing facilities or services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc) were spent for purposes of the school;

(b) regulations may impose restrictions as to the matters on which amounts may be spent under subsection (3)(a).

(4) In the case of a school in Wales, “purposes of the school” in subsection (3) does not include purposes wholly referable to the provision of—

(za) facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),

(a) part-time education suitable to the requirements of persons of any age over compulsory school age, or

(b) full-time education suitable to the requirements of persons who have attained the age of 19;

but any such purposes may be prescribed by regulations under paragraph (b) of that subsection.

(5) Nothing in subsection (3) shall be read as authorising the payment of allowances to governors otherwise than in accordance with regulations under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act).

(6) The governing body may delegate to the head teacher, to such extent as may be permitted by or under the scheme, their powers under subsection (3) in relation to any amount such as is mentioned in that subsection.

(7) The governors of a school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under subsection (3) or (6).

Suspension of financial delegation

Suspension of financial delegation for mismanagement etc.

51

Schedule 15 (which provides for the suspension by a local authority of a governing body’s right to a delegated budget in the case of failure to comply with requirements as to delegation or of financial mismanagement, etc.) shall have effect.

Expenditure incurred for community purposes

51A

(1) Expenditure incurred by the governing body of a maintained school in Wales in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the local authority may be recovered by them from the governing body.

(2) Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in Wales in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any funding period.

(3) Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under ... Schedule 15 or section 8 of the School Standards and Organisation (Wales) Act 2013, as well as a time when it does have a delegated budget.

Information

Financial statements: Wales.

52

(1) Before the beginning of each financial year prescribed period a local authority in Wales shall prepare a statement containing such information relating to their planned education expenditure in that year that period as may be prescribed.

(1A) The periods prescribed for the purposes of subsection (1)—

(a) must consist of one or more funding periods, and

(b) may include funding periods in respect of which (by virtue of their inclusion in one or more earlier periods prescribed for the purposes of that subsection) information relating to planned education expenditure has previously been required under that subsection.

(2) After the end of each financial year prescribed period a local authority in Wales shall prepare a statement containing such information with respect to the following matters as may be prescribed—

(a) the planned education expenditure in that year period specified in the statement prepared by the authority under subsection (1),

(b) education expenditure actually incurred, or treated by the authority as having been incurred, by them in the year period, and

(c) any other resources allocated by the authority in the year period to schools maintained by them during any part of the year period. and

(d) accountable resources held, received or expended in the year period by any person in relation to a school maintained by the authority.

(2A) In subsection (2)(d), “accountable resources”, in relation to a maintained school, means any resources which are not provided by the local authority but in respect of which an obligation is imposed on the governing body of the school by virtue of regulations under section 44 of the Education Act 2002 (accounts of maintained schools).

(2B) The periods prescribed for the purposes of subsection (2) must consist of one or more funding periods.

(3) A statement under this section shall—

(a) be prepared in such form, and

(b) be published in such manner and at such times,

as may be prescribed.

(4) The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of each statement prepared by the authority under this section or, if regulations so provide, with a copy of such part or parts of it as may be prescribed.

(5) A governing body provided with such a copy under subsection (4) shall secure that a copy of it is available for inspection (at all reasonable times and free of charge) at the school.

(6) Subsection (5) does not apply to a temporary governing body of a new school at any time before the school opening date.

(7) In this section “education expenditure” has the same meaning as in section 45A.

Certification of statements by Audit Commission.

53

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

Certification of statements by Auditor General for Wales

53A

(1) A local authority in Wales shall, if directed to do so by the National Assembly for Wales, require the Auditor General for Wales to make arrangements in accordance with section 96B(1)(d) of the Government of Wales Act 1998 for certifying—

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