UK Laws - Legal Portal
 
Navigation
News

Education Act 1993 (c. 35)

(The document as of February, 2008)

-- Back--

Page 1

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

Education Act 1993 (c. 35)

1993 CHAPTER 35

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Responsibility for education

    1. Chapter I

      Administration

      1. Secretary of State

        1. 1. General duty of Secretary of State.

        2. 2. Duty in the case of primary, secondary and further education.

      2. Funding authorities for England and Wales

        1. 3. Funding Agency for Schools.

        2. 4. Schools Funding Council for Wales.

        3. 5. Meaning of "funding authority" in the Education Acts.

        4. 6. Grants to funding authorities.

      3. Funding authorities: Supplementary

        1. 7. Provision of information.

        2. 8. Value-for-money studies of grant-maintained schools.

        3. 9. Supervision of funding authorities by the Secretary of State.

        4. 10. Extension of functions of Audit Commission.

        5. 11. Compulsory purchase of land.

    2. Chapter II

      Responsibility for Education at School

      1. School places

        1. 12. Responsibility for providing sufficient school places.

      2. Power to direct admission of child to school

        1. 13. Direction to admit child to specified school.

        2. 14. Procedure for giving direction.

      3. Religious education

        1. 15. Procedure for preparing agreed syllabus of religious education.

        2. 16. Standing advisory councils on religious education.

      4. Other functions

        1. 17. Miscellaneous functions relating to grant-maintained schools.

        2. 18. Functions under agreements relating to CTCs and CCTAs.

        3. 19. Functions in respect of grants for certain expenditure due to immigrant population.

      5. Supplementary

        1. 20. Resolution of disputes.

        2. 21. Duty to compile information and conduct research about provision of education.

  2. Part II

    Grant-maintained schools

    1. Chapter I

      Introductory

      1. 22. "Grant-maintained schools".

    2. Chapter II

      Procedure for acquisition of grant-maintained status

      1. Eligibility

        1. 23. Schools eligible for grant-maintained status.

        2. 24. Duty of governing body to consider ballot on grant-maintained status.

      2. Initiation of procedure

        1. 25. Initiation of procedure by governing body.

        2. 26. Initiation of procedure by parents.

      3. Information

        1. 27. Information as to parents of registered pupils.

      4. Ballot of parents

        1. 28. Ballot of parents.

        2. 29. Persons eligible to vote in ballot.

        3. 30. Second ballot to be held if insufficient votes cast.

        4. 31. Power to declare ballot void for irregularity.

        5. 32. Publication of proposals.

      5. Approval and implementation of proposals

        1. 33. Withdrawal, approval or rejection of proposals.

        2. 34. Incorporation of governing body.

        3. 35. Exercise of powers before proposed date of implementation.

      6. Supplementary

        1. 36. Expenses in connection with proposals for acquisition of grant-maintained status.

        2. 37. Chapter II: interpretation, etc.

    3. Chapter III

      Property, staff and contracts

      1. Transfer of property and staff, etc.

        1. 38. Transfer of property etc.

        2. 39. Transfer of staff.

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

        1. 40. "Pending" procedure for acquisition of grant-maintained status.

        2. 41. Control of disposals of land.

        3. 42. Wrongful disposals of land.

        4. 43. Control of contracts.

        5. 44. Wrongful contracts.

        6. 45. Restriction on change of purpose for which property used or held.

        7. 46. Restriction on staff changes.

      3. Supplementary

        1. 47. Supplementary provisions about transfers.

    4. Chapter IV

      Establishing new grant-maintained schools

      1. Proposals for establishment of new grant-maintained school

        1. 48. Proposals by funding authority.

        2. 49. Proposals by promoters.

        3. 50. Provisions supplementary to sections 48 and 49.

      2. Approval and implementation of proposals

        1. 51. Approval, adoption or rejection of proposals.

        2. 52. Implementation of proposals.

        3. 53. Exercise of powers before proposed date of implementation, and payment of grant.

      3. Supplementary

        1. 54. Chapter IV: interpretation.

    5. Chapter V

      Government, conduct etc. of grant-maintained schools

      1. The governing instruments

        1. 55. Constitution of governing body and conduct of school.

        2. 56. Initial instruments and articles of government.

        3. 57. Subsequent instruments of government.

        4. 58. Subsequent articles of government.

      2. Governors

        1. 59. Categories of governors.

        2. 60. Parent governors.

        3. 61. Teacher governors.

        4. 62. Head teacher.

        5. 63. First governors.

        6. 64. Power of the Secretary of State to replace first governors.

        7. 65. Foundation governors.

        8. 66. Sponsor governors.

        9. 67. Additional governors.

      3. Powers

        1. 68. Powers of governing body.

        2. 69. Joint schemes.

        3. 70. Making and varying joint schemes.

      4. Schools acquiring grant-maintained status: determination etc. of initial governors

        1. 71. Determination of initial parent and teacher governors.

        2. 72. Section 71: supplementary provisions.

        3. 73. Determination of initial first or foundation governors.

        4. 74. Replacement of proposed initial parent and teacher governors before incorporation.

        5. 75. Replacement of proposed initial first or foundation governors before incorporation.

        6. 76. Elections and appointments required for determining initial governors of an elected category: supplementary provisions.

        7. 77. Initial sponsor governors.

      5. New grant-maintained schools: determination etc. of initial governors

        1. 78. Initial governors for new grant-maintained schools.

      6. General and supplementary

        1. 79. Saving for defects in selection or nomination.

        2. 80. Chapter V: interpretation.

    6. Chapter VI

      Funding of grant-maintained schools

      1. Grants: general

        1. 81. Maintenance grants.

        2. 82. Special purpose grants.

        3. 83. Capital grants.

        4. 84. Imposition of requirements on governing body in receipt of grant.

        5. 85. Grants: further provisions.

      2. Grants: Wales (until establishment of the SFCW)

        1. 86. Application of sections 87 to 91.

        2. 87. Maintenance grants.

        3. 88. Special purpose grants.

        4. 89. Capital grants.

        5. 90. Imposition of requirements on governing body in receipt of grant.

        6. 91. Grants: further provisions.

      3. Loans

        1. 92. Loans to governing bodies.

      4. Recovery from local funds

        1. 93. Recovery from local funds of sums in respect of maintenance grant.

        2. 94. Determination of total amount recoverable under section 93.

        3. 95. Provisions consequential on section 93.

    7. Chapter VII

      Alteration etc. of grant-maintained schools

      1. 96. Proposals for change of character etc. by governing body.

      2. 97. Proposals for change of character etc. by funding authority.

      3. 98. Approval, adoption or rejection of proposals.

      4. 99. Approval of school premises.

      5. 100. Implementation of proposals, etc.

      6. 101. Power to transfer functions under preceding provisions etc.

      7. 102. Proposals for change of character approved before school becomes grant-maintained.

      8. 103. Chapter VII: interpretation.

    8. Chapter VIII

      Discontinuance of grant-maintained schools

      1. Proposals for discontinuance

        1. 104. Proposals by governing body for discontinuance.

        2. 105. Proposals by funding authority for discontinuance.

        3. 106. Approval, adoption or rejection of proposals.

        4. 107. Implementation of proposals.

        5. 108. Power to transfer functions under preceding provisions.

      2. Withdrawal of grant

        1. 109. Withdrawal of grant where school is unsuitable to continue as grant-maintained school.

        2. 110. Withdrawal or variation of notice under section 109.

      3. Winding up and disposal of property

        1. 111. Power to provide by order for winding-up and disposal of property.

        2. 112. Winding up.

        3. 113. Grants to governing body in liquidation.

        4. 114. Disposal of school property.

        5. 115. Disposal of school property: supplementary.

        6. 116. Surplus money and investments.

    9. Chapter IX

      Groups of grant-maintained schools

      1. 117. Nature of group.

      2. 118. Instruments and articles of government for group.

      3. 119. Parent governors.

      4. 120. Teacher governors.

      5. 121. Head teacher governors.

      6. 122. Core governors.

      7. 123. Power of the Secretary of State to replace core governors.

      8. 124. Additional governors.

      9. 125. Powers.

      10. 126. Application of maintenance grants in the case of groups.

      11. 127. School acquiring grant-maintained status as a member of a group, etc.

    10. Chapter X

      General and Miscellaneous

      1. Further education

        1. 128. Provision of further education in grant-maintained schools.

      2. Provision of benefits and services by local education authority

        1. 129. Provision of benefits and services for pupils by local education authority.

      3. Transfer and disposal of premises

        1. 130. Transfer of premises to trustees.

        2. 131. Disposal of premises on transfer of school to new site.

        3. 132. Disposal of premises transferred under section 38.

        4. 133. Disposal of premises held by trustees.

        5. 134. Disposal of premises provided, etc. by the funding authority.

        6. 135. Interpretation of sections 130 to 134.

      4. Modification of instruments

        1. 136. Variation of trust deeds etc. by order.

        2. 137. Modification of instruments relating to land held for purposes of voluntary schools.

      5. Religious education, worship etc.: classes of grant-maintained school

        1. 138. Former county schools and certain schools established as grant-maintained schools.

        2. 139. Former controlled schools.

        3. 140. Former aided or special agreement schools and certain schools established as grant-maintained schools.

        4. 141. Changes in religious education and worship.

        5. 142. Meaning of"the appropriate agreed syllabus" in sections 138 and 139.

      6. Religious education, worship etc.: religious opinions etc. of staff

        1. 143. Former county schools and certain schools established as grant-maintained schools.

        2. 144. Former voluntary schools and certain schools established as grant-maintained schools.

        3. 145. Changes in religious character of schools.

      7. Religious education, worship etc.: general

        1. 146. Reconsideration of agreed syllabus: consultation with grant-maintained schools.

        2. 147. Standing advisory councils on religious education.

        3. 148. Cases where no requirement for Christian collective worship.

      8. Approved admission number

        1. 149. Minimum number for admission.

        2. Part III

          Children with special educational needs

          1. Introductory

            1. 156. Meaning of "special educational needs" and "special educational provision" etc.

          2. Code of practice

            1. 157. Code of Practice.

            2. 158. Making and approval of code.

          3. Special educational provision: general

            1. 159. Review of arrangements.

            2. 160. Qualified duty to secure education of children with special educational needs in ordinary schools.

            3. 161. Duties of governing body etc. in relation to pupils with special educational needs.

            4. 162. Provision of goods and services in connection with special educational needs.

            5. 163. Special educational provision otherwise than in schools.

            6. 164. Provision outside England and Wales for certain children.

          4. Identification and assessment of children with special educational needs

            1. 165. General duty of local education authority towards children for whom they are responsible.

            2. 166. Duty of District Health Authority or local authority to help local education authority.

            3. 167. Assessment of educational needs.

            4. 168. Statement of special educational needs.

            5. 169. Appeal against decision not to make statement.

            6. 170. Appeal against contents of statement.

            7. 171. Access for local education authority to certain schools.

            8. 172. Reviews of educational needs.

            9. 173. Assessment of educational needs at request of child's parent.

            10. 174. Assessment of educational needs at request of governing body of grant-maintained school.

            11. 175. Assessment of educational needs of children under two.

            12. 176. Duty of District Health Authority or National Health Service trust to notify parent etc.

          5. Special Educational Needs Tribunal

            1. 177. Constitution of Tribunal.

            2. 178. The President and members of the panels.

            3. 179. Remuneration and expenses.

            4. 180. Tribunal procedure.

            5. 189. Approval of independent schools.

            6. 190. Provision of education at non-maintained schools.

          6. Variation of deeds

            1. 191. Variation of trust deeds etc. by order.

        3. Part IV

          School Attendance

          1. School attendance orders

            1. 192. School attendance orders.

            2. 193. Choice of school: child without statement of special educational needs.

            3. 194. Specification of schools in notices under section 193(2).

            4. 195. Amendment of order at request of parent: child without statement of special educational needs.

            5. 196. Choice of school: child with statement of special educational needs.

            6. 197. Revocation of order at request of parent.

          2. School attendance: offences and education supervision orders

            1. 198. Offence: failure to comply with school attendance order.

            2. 199. Offence: failure to secure regular attendance at school of registered pupil.

            3. 200. Presumption of age.

            4. 201. Institution of proceedings and punishment.

            5. 202. Education supervision orders.

          3. Exemption

            1. 203. Exemption where child attains 5 years during term.

        4. Part V

          Schools failing to give an acceptable standard of education

          1. Chapter I

            Identification of schools requiring special measures

            1. Introductory

              1. 204. Extension of the Education (Schools) Act 1992.

            2. Inspections and reports

              1. 205. Section 9 inspections by members of the Inspectorate.

              2. 206. Section 9 inspections by registered inspectors.

              3. 207. Reports of inspections by members of the Inspectorate.

              4. 208. Timing of section 9 inspections by registered inspectors.

              5. 209. Destination of reports.

            3. Special measures

              1. 210. Special measures by appropriate authority.

              2. 211. Additional special measures by local education authority.

              3. 212. Monitoring special measures and further inspections.

          2. Chapter II

            New powers over schools requiring special measures

            1. Miscellaneous powers and restrictions

              1. 213. Schools to which sections 214 to 217 apply.

              2. 214. Appointment of additional governors.

              3. 215. Suspension of right to delegated budget.

              4. 216. Grouping and de-grouping.

              5. 217. Prohibition on ballot under Part II.

            2. Education associations

              1. 218. Power to establish education associations.

              2. 219. Supervision of education associations by the Secretary of State.

              3. 220. Transfer of responsibility for conducting school to an education association.

              4. 221. Effect of order under section 220.

              5. 222. Functions of education associations.

              6. 223. Conduct of school.

              7. 224. School conducted by education association acquiring grant-maintained status.

              8. 225. Discontinuance of school conducted by education association.

              9. 226. Winding-up of education association.

              10. 227. Reports showing school no longer requires special measures.

              11. 228. Regulations for the purposes of Chapter II.

        5. Part VI

          Miscellaneous

          1. Establishment, alteration etc. of maintained schools

            1. 229. Proposals for establishment, etc. of schools by local education authority.

            2. 230. Proposals for establishment, etc. of voluntary schools by promoters, etc.

          2. Nursery education

            1. 231. Nursery education in grant-maintained schools.

          3. Rationalisation of school places

            1. 232. Directions to bring forward proposals to remedy excessive provision.

            2. 233. Directions to bring forward proposals for additional provision in maintained schools.

            3. 234. Publication of proposals by the Secretary of State.

            4. 235. Public inquiry into proposals.

            5. 236. Adoption of proposals and approval of related proposals.

            6. 237. Supplementary provisions.

          4. Incorporation of governing bodies

            1. 238. Incorporation of governing bodies.

            2. 239. Powers of incorporated governing bodies.

          5. The curriculum

            1. 240. National Curriculum.

            2. 241. Sex education.

            3. 242. Temporary procedure for making certain orders.

            4. 243. Procedure for making certain orders: Wales.

          6. Replacement of the National Curriculum Council and the School Examinations and Assessment Council

            1. 244. The School Curriculum and Assessment Authority.

            2. 245. Functions.

            3. 246. Dissolution of existing Councils.

            4. 247. Transfer of property.

            5. 248. Transfer of staff.

          7. Curriculum Council for Wales

            1. 249. Finance.

            2. 250. Proceedings.

            3. 251. Accounts.

            4. 252. Transfer of functions in relation to Wales.

            5. 253. Change of name.

          8. Religious education

            1. 254. Duty to reconvene conference on agreed syllabus of religious education.

            2. 255. Duty to constitute new standing advisory council on religious education.

            3. 256. Reconsideration of agreed syllabus.

            4. 257. Power of Secretary of State to direct standing advisory council to revoke determination or discharge duty.

            5. 265. Distribution of information about further education institutions by schools.

          9. Appeal Committees

            1. 266. Lay members for admission appeal committees.

            2. 267. Duty to advertise for lay members for appeal committees.

            3. 268. Indemnity for legal costs and expenses of members of appeal committees.

            4. 269. Investigation by Local Commissioner of decisions of certain appeal committees.

          10. Admission arrangements for aided etc. schools

            1. 270. Arrangements under section 6(6) of the Education Act 1980: modification or replacement.

          11. Sponsor governors

            1. 271. Sponsor governors for aided secondary schools.

          12. Proposals for alteration etc. of schools eligible for grant-maintained status

            1. 272. Power of governing body of county school to propose change of character etc.

            2. 273. Power to make and deal with proposals in the case of schools eligible for grant-maintained status.

          13. Local management of schools

            1. 274. Revision of schemes for financing schools maintained by local education authorities.

            2. 275. Publication and auditing of financial statements.

            3. 276. Application of schemes to special schools.

          14. School leaving date

            1. 277. Compulsory school age.

          15. Local education authority finance

            1. 278. Grants for education support and training.

            2. 279. Inter-authority recoupment.

          16. Charges in maintained schools

            1. 280. Musical instrument tuition.

          17. Assistance for voluntary schools

            1. 281. Grants by Secretary of State in respect of aided and special agreement schools.

            2. 282. Power of LEA to assist governors of aided or special agreement school.

            3. 283. Power of LEA to assist promoters of voluntary school.

            4. 284. Duty to convey interest in premises provided under section 282(1) or 283.

            5. 285. Disapplication of section 123(2) of the Local Government Act 1972.

            6. 286. Repeal of section 3(4) of the Education Act 1968.

          18. Voluntary and grant-maintaine 293. Corporal punishment.

          19. 294. Corporal punishment: Scotland.

        6. Goods and services for grant-maintained or grant-maintained special schools

          1. 295. Provision of goods and services by local education authorities.

        7. Local education authorities: education committees

          1. 296. Abolition of requirement to establish education committees.

          2. 297. Power of Secretary of State to direct appointment of members of committees.

        8. Exceptional provision

          1. 298. Exceptional provision of education in school or elsewhere.

        9. Supplementary

          1. 299. Stamp duty.

          2. 300. Publication of guidance.

          3. 301. Orders, regulations and directions.

          4. 302. Financial provisions.

          5. 303. Construction of references to old and new law.

          6. 304. Meaning of "school" in the Education Acts.

          7. 305. General interpretation.

          8. 306. Index.

          9. 307. Amendments etc.

          10. 308. Short title, commencement, etc.

        1. Schedule 1

          The funding authorities.

        2. Schedule 2

          Distribution of functions where order made under section 12.

          1. Part I

            Introductory.

          2. Part II

            Functions where responsibility for providing sufficient school places is shared.

          3. Part III

            Functions where responsibility for providing sufficient school places is transferred.

          4. Part IV

            Functions where responsibility either shared or transferred.

        3. Schedule 3

          Proposals for schools to become, or be established as, grant-maintained schools.

          1. Part I

            Proposals for acquisition of grant-maintained status.

          2. Part II

            Proposals for establishment of new grant-maintained school.

        4. Schedule 4

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

        5. Schedule 5

          Governing bodies of grant-maintained schools.

        6. Schedule 6

          Content of articles of government for grant-maintained schools.

        7. Schedule 7

          Categories of governors.

          1. Part I

            Introductory.

          2. Part II

            Initial governors.

          3. Part III

            Governors other than initial governors.

        8. Schedule 8

          Core governors for groups.

        9. Schedule 9

          Making of assessments under section 167.

        10. Schedule 10

          Making and maintenance of statements under section 168.

        11. Schedule 11

          Government and conduct of grant-maintained special schools.

        12. Schedule 12

          Education associations.

        13. Schedule 13

          Incorporated governing bodies for county, voluntary and maintained special schools.

        14. Schedule 14

          School Curriculum and Assessment Authority.

        15. Schedule 15

          Amendments consequential on section 253.

        16. Schedule 16

          School admission appeals.

        17. Schedule 17

          Uniform statutory trusts for educational endowments.

        18. Schedule 18

          Pupil referral units.

        19. Schedule 19

          Minor and consequential amendments

        20. Schedule 20

          Transitional provisions and savings.

        21. Schedule 21

          Repeals.

          1. Part I

            Repeals consequential on Parts II, III and IV.

          2. Part II

            Other repeals.

An Act to amend the law about education.

[27th July 1993]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Responsibility for education

Chapter I Administration

Secretary of State

1 General duty of Secretary of State

The Secretary of State shall promote the education of the people of England and Wales.

2 Duty in the case of primary, secondary and further education

(1) The Secretary of State shall exercise his powers in respect of those bodies in receipt of public funds which--

(a) carry responsibility for securing that the required provision for primary, secondary or further education is made in schools, or institutions within the further education sector, in or in any area of England or Wales, or

(b) conduct schools or institutions within the further education sector in England and Wales,

for the purpose of promoting primary, secondary and further education in England and Wales.

(2) He shall, in the case of his powers to regulate the provision made in schools and institutions within the further education sector in England and Wales, exercise his powers with a view, among other things, to improving standards, encouraging diversity and increasing opportunities for choice.



Funding authorities for England and Wales

3 Funding Agency for Schools

(1) There shall be established a body corporate to be known as the Funding Agency for Schools to exercise in relation to England the functions conferred on them.

(2) The agency shall consist of not less than ten nor more than fifteen members appointed by the Secretary of State, one of whom shall be so appointed as chairman.

(3) In appointing the members of the agency the Secretary of State shall have regard to the desirability of including--

(a) persons who appear to him to have experience of, and to have shown capacity in, the provision of primary or secondary education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of such education,

(b) persons who appear to him to have experience of, and to have shown capacity in, the provision of education in voluntary schools, or in grant-maintained schools having foundation governors,

(c) persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession, and

(d) persons who appear to him to have experience of, and to have shown capacity in, providing for children with special educational needs.

(4) Before appointing any member of the agency the Secretary of State shall consult--

(a) a body appearing to him to be representative of the Church of England, and

(b) a body appearing to him to be representative of the Roman Catholic Church,

in matters relating to the provision of education in voluntary schools, or in grant-maintained schools having foundation governors.

(5) Schedule 1 to this Act has effect in respect of the agency.

4 Schools Funding Council for Wales

(1) The Secretary of State may by order make provision for the establishment of a body corporate to be known as the Schools Funding Council for Wales to exercise in relation to Wales, as from such date as may be specified in the order, the functions conferred on them.

(2) The council shall consist of not less than eight nor more than twelve members appointed by the Secretary of State, one of whom shall be so appointed as chairman.

(3) In appointing the members of the council the Secretary of State shall have regard to the desirability of including--

(a) persons who appear to him to have experience of, and to have shown capacity in, the provision of primary or secondary education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of such education,

(b) persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession, and

(c) persons who appear to him to have experience of, and to have shown capacity in, providing for children with special educational needs.

(4) Schedule 1 to this Act has effect in respect of the council.

5 Meaning of "funding authority" in the Education Acts

(1) Any reference in the Education Acts to a funding authority--

(a) in relation to schools, or local education authority areas, in England is to the Funding Agency for Schools, and

(b) in relation to schools, or local education authority areas, in Wales is, subject to subsection (2) below, to the Schools Funding Council for Wales,

and in any other context is to the agency or the council.

(2) Before the Schools Funding Council for Wales begin to exercise their functions, any reference in the Education Acts (other than this Part of this Act) to a funding authority in relation to schools, or local education authority areas, in Wales is to be read as a reference to the Secretary of State.

6 Grants to funding authorities

The Secretary of State may make grants to any funding authority of such amounts and subject to such terms and conditions as he may determine.



Funding authorities: Supplementary

7 Provision of information

(1) Each funding authority--

(a) shall provide the Secretary of State with such information or advice in connection with any function of his relating to the provision of education as he may from time to time require, and

(b) may provide the Secretary of State with such information or advice relating to such provision as they think fit.

(2) The information and advice provided under subsection (1) above shall be provided in such manner as the Secretary of State may from time to time determine.

(3) A local education authority shall make such reports and returns, and give such information, to the funding authority as the funding authority may require for the purpose of the exercise of their functions.

(4) A funding authority shall make such reports and returns, and give such information, to any local education authority as the authority may require for the purpose of the exercise of their functions.

8 Value-for-money studies of grant-maintained schools

(1) Each funding authority shall make arrangements for carrying out such value-for-money studies of grant-maintained schools in England or, as the case may be, Wales as in their opinion are required or as the Secretary of State may direct.

(2) The authority shall, in particular--

(a) in forming an opinion as to whether any value-for-money study is required to be carried out in pursuance of this section, have regard to the desirability of value-for-money studies being carried out at regular intervals, and

(b) in determining the scope of any value-for-money study to be carried out in pursuance of this section otherwise than on the direction of the Secretary of State, have regard to the scope of any value-for-money study which is being or has recently been carried out.

(3) In this section "value-for-money study", in relation to any grant-maintained school, means--

(a) any examination into the economy, efficiency and effectiveness with which the governing body of the school have, in discharging their functions, used grant made by the authority, and

(b) any study designed to improve economy, efficiency and effectiveness in the management or operations of the school.

9 Supervision of funding authorities by the Secretary of State

(1) In exercising their functions each funding authority shall comply with any directions contained in an order made by the Secretary of State.

(2) In respect of the exercise by the funding authority of functions in respect of any grant-maintained school, such directions may relate to grant-maintained schools generally or to any class or description of such schools.

(3) Before making an order under this section, the Secretary of State shall consult the funding authority unless, for reasons of urgency, it is not in his opinion reasonably practicable for him to do so.

(4) Sections 68 and 99(1) of the [1944 c. 31.] Education Act 1944 (powers of Secretary of State where local education authority are acting unreasonably or are in default) shall apply in relation to a funding authority and the functions conferred on them by or under the Education Acts as they apply in relation to local education authorities and the functions conferred on them by or under that Act.

(5) Subsection (4) above does not prejudice the generality of subsection (1) above.

10 Extension of functions of Audit Commission

(1) Section 220 of the [1988 c. 40.] Education Reform Act 1988 (extension of functions of Audit Commission) is amended as follows.

(2) At the beginning of subsection (1)(c) there is inserted "the Funding Agency for Schools, the Schools Funding Council for Wales or".

(3) After subsection (2)(bb) there is inserted--

" (bc) with respect to studies relating to the Funding Agency for Schools, the agency;

(bd) with respect to studies relating to the Schools Funding Council for Wales, the council " .

(4) In subsection (2)(c) after "school," there is inserted "the funding authority or".

11 Compulsory purchase of land

In section 17(4) of the [1981 c. 67.] Acquisition of Land Act 1981 (statutory undertakers) after paragraph (a) of the definition of "statutory undertakers" there is inserted--

" (aa) the Funding Agency for Schools,

(ab) the Schools Funding Council for Wales " .



Chapter II Responsibility for Education at School

<<<< >>>>

School places

12 Responsibility for providing sufficient school places

(1) In respect of the area of any local education authority, the Secretary of State may--

(a) where he wishes responsibility for providing sufficient school places to be held by the funding authority as well as the local education authority, make an order under this paragraph, and

(b) where he wishes that responsibility to be held by the funding authority alone, make an order under this paragraph,

and such an order may relate to primary education, to secondary education or to both.

(2) An order under subsection (1) above shall state--

(a) the local education authority area to which the order applies,

(b) whether the order is made under paragraph (a) or (b) of that subsection,

(c) the kind (that is primary or secondary) or kinds of education to which the order relates, and

(d) the date as from which the order is to have effect.

(3) No order may be made in respect of any area under subsection (1) above unless--

(a) in the case of an order under subsection (1)(a) or (b) above, it appears to the Secretary of State that subsection (4) below is, or has at any time been, satisfied, or

(b) in the case of an order under subsection (1)(b) above, the local education authority have at any time requested the Secretary of State to make the order and subsection (4)(a) below is, or has at any time been, satisfied,

in relation to the kind of education to which the order relates or, as the case may be, each of the kinds of education to which the order relates.

(4) This subsection is satisfied if--

(a) in the case of an order under subsection (1)(a) above, not less than 10 per cent. of the pupils for whom education is provided in county, voluntary and grant-maintained schools in the area are registered pupils at grant-maintained schools, and

(b) in the case of an order under subsection (1)(b) above, not less than 75 per cent. of the pupils for whom education is provided in county, voluntary and grant-maintained schools in the area are registered pupils at grant-maintained schools.

(5) For the purposes of subsection (3) above, the kind of education to which an order relates--

(a) where an order is expressed to relate only to primary education, includes any secondary education provided in a primary school and excludes any primary education provided in a secondary school, and

(b) where an order is expressed to relate only to secondary education, includes any primary education provided in a secondary school and excludes any secondary education provided in a primary school.

(6) Schedule 2 to this Act (which shows the effect of an order under this section) shall have effect.

(7) The kind or kinds of education to which an order under subsection (1)(a) or (b) above relates are referred to in the Education Acts, in relation to such an order, as "relevant education".



Power to direct admission of child to school

13 Direction to admit child to specified school

(1) The appropriate authority may give a direction under this section if, in the case of any child in the area of a local education authority, one or both of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is--

(a) he has been refused admission to the school, or

(b) he is permanently excluded from the school.

(2) A direction under this section shall specify a school--

(a) which is a reasonable distance from the child's home, and

(b) from which the child is not permanently excluded.

(3) A direction under this section shall, unless it is given on the determination of the Secretary of State under section 14(4) of this Act or by the funding authority, specify a school in the area referred to in subsection (1) above.

(4) Where a school is specified in a direction under this section, the governing body (and, if the school is a maintained school and the local education authority are not the appropriate authority, the local education authority) shall admit the child to the school.

(5) Subsection (4) above does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(6) In this section "suitable education", in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

(7) In this section and section 14 of this Act references to the appropriate authority, subject to subsection (8) below, are to the local education authority and references to schools are to maintained schools (other than maintained special schools) and grant-maintained schools.

(8) Where the education which is suitable education for the child is also education of a kind to which an order under section 12(1)(b) of this Act applies made in respect of the area referred to in subsection (1) above, references in this section and section 14 of this Act to the appropriate authority are to be read in relation to--

(a) that child, and

(b) any maintained school (other than a maintained special school) or grant-maintained school in that area, and any such school in any other area to which an order under section 12(1)(b) of this Act applies which provides education which is relevant education in relation to that order,

as references to the funding authority.

14 Procedure for giving direction

(1) Before deciding to give a direction under section 13 of this Act, the appropriate authority shall consult--

(a) the parent of the child,

(b) the governing body of the school they propose to specify in the direction, and

(c) the authority (if different) which have a duty to maintain the school or to pay maintenance grant to the governing body (referred to in this section as the "maintaining authority").

(2) Where the appropriate authority decide to give such a direction specifying any school they shall, before doing so, serve a notice in writing of their decision on--

(a) the governing body and head teacher of the school, and

(b) the maintaining authority, if different,

and shall not give the direction until the period for referring the matter to the Secretary of State has expired and, if it is so referred, the Secretary of State has made his determination.

(3) Any body or authority on which a notice is served under subsection (2) above may, within the period of fifteen days beginning with the day on which the notice was served, refer the matter to the Secretary of State and, if they do so, shall inform the appropriate authority.

(4) On a reference under subsection (3) above the Secretary of State may determine which school is to be required to admit the child and, if he does so, that school shall be specified in the direction.

(5) Where the appropriate authority give such a direction specifying a school, they shall give notice in writing of that fact to--

(a) the governing body and head teacher of the school, and

(b) the maintaining authority, if different.



Religious education

15 Procedure for preparing agreed syllabus of religious education

(1) This section has effect in respect of the area of a local education authority if an order under section 12(1)(b) of this Act applies to the area.

(2) Within six months of the date of the first such order the local education authority shall reconvene any conference--

(a) which they have convened for the purpose set out in paragraph 1 or 12 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944 (procedure for preparing and bringing into operation an agreed syllabus of religious education) or section 11(8) of the [1988 c. 40.] Education Reform Act 1988 (standing advisory councils on religious education), and

(b) to which subsection (3) below applies.

(3) This subsection applies to any conference--

(a) which has not made a recommendation under paragraph 9 or 13(2) of that Schedule, and

(b) in respect of which the authority have not made a report under paragraph 10 or 13(4) of that Schedule.

(4) Where a conference is convened (or reconvened) after the date of the order--

(a) paragraph 2 of that Schedule shall have effect as if it required the appointment of a committee, in addition to those listed in sub-paragraphs (a) to (d) of that paragraph, consisting of persons representing relevant grant-maintained schools, and

(b) section 146 of this Act shall have effect only in relation to grant-maintained schools, or pupils at such schools, at which the syllabus is in use in accordance with section 140(3) of this Act.

(5) Before appointing a person to represent relevant grant-maintained schools in accordance with subsection (4)(a) above, the local education authority shall take all reasonable steps to assure themselves that he is acceptable as such to the governing bodies of the majority of such schools; but no proceedings under that Schedule shall be invalidated on the ground that the person was not so acceptable unless it is shown that the local education authority failed to take such steps.

(6) A person so appointed may resign his membership of the committee or may, if in the opinion of the local education authority he ceases to be acceptable as a representative of relevant grant-maintained schools to the governing bodies of the majority of such schools, be withdrawn from the committee by the authority; and where a person resigns or is withdrawn from the committee the authority shall appoint someone in his place in the same manner as that in which they made the original appointment.

(7) For the purposes of this section, "relevant grant-maintained schools" means those grant-maintained schools within the area of the local education authority to which section 138 or 139 of this Act applies.

16 Standing advisory councils on religious education

(1) This section has effect in respect of the area of a local education authority if an order under section 12(1)(b) of this Act applies to the area.

(2) Within six months of the date of the first such order the local education authority shall constitute a new council under section 11 of the [1988 c. 40.] Education Reform Act 1988 (standing advisory councils on religious education).

(3) For the purposes of the constitution required by subsection (2) above (and of any subsequent constitution) that section shall have effect as if--

(a) subsection (3)(b) were omitted,

(b) subsection (4) required the appointment of a representative group, in addition to those listed in paragraphs (a) to (d) of that subsection, comprising persons representing relevant grant-maintained schools, and

(c) in subsection (7)--

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

-- Back--

<<<< >>>>

Stat




Search
Popular article
Advert