Education Act 2002

• Citation: 2002 c. 32
• Sections: 599

Section 1 Purpose and interpretation of Chapter 1

(1) The purpose of this Chapter is to facilitate the implementation by qualifying bodies of innovative projects that may—

(a) in the opinion of the Secretary of State, contribute to the raising of educational standards in England, or

(b) in the opinion of the National Assembly for Wales, contribute to the raising of educational standards in Wales.

(2) In forming an opinion as to whether a project may contribute to the raising of educational standards in England or Wales, the Secretary of State or the National Assembly for Wales shall—

(a) have regard to the need for the curriculum for any school in England affected by the project to be a balanced and broadly based curriculum which promotes the spiritual, moral, cultural, mental and physical development of children and of society, and

(aa) have regard to the need for the curriculum for pupils of compulsory school age, or below that age, at any maintained school affected by the project that is maintained by a local authority in Wales—

(i) to enable pupils to develop in the ways described in the four purposes set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021,

(ii) to provide for appropriate progression,

(iii) to be suitable for pupils of differing ages, abilities and aptitudes, and

(iv) to be broad and balanced,

(ab) have regard to the need for—

(i) the curriculum for pupils above compulsory school age at any maintained school affected by the project that is maintained by a local authority in Wales, and

(ii) the curriculum for pupils of any age at any other school in Wales affected by the project, to be a balanced and broadly based curriculum which promotes the spiritual, moral, cultural, mental and physical development of those pupils and of society, and

(b) consider the likely effect of the project on all the pupils or students who may be affected by it.

(3) In this Chapter—

“ the Chief Inspector ” means—

in relation to England, Her Majesty's Chief Inspector of Education, Children's Services and Skills , and

in relation to Wales, Her Majesty’s Chief Inspector of Education and Training in Wales;

“ children ” means persons under the age of nineteen;

“ education legislation ” means—

the Education Acts (as defined by section 578 of the Education Act 1996 (c. 56)),

the Learning and Skills Act 2000 (c. 21), and

any subordinate legislation made under any of those Acts;

“ maintained school ” means—

a community, foundation or voluntary school,

a community or foundation special school, or

a maintained nursery school;

“ qualifying body ” means—

a local authority ,

an Education Action Forum,

a qualifying foundation,

the governing body of a maintained school,

the head teacher of a maintained school,

the proprietor of an Academy, a city technology college or a city college for the technology of the arts,

the proprietor of any special school that is not maintained by a local authority but is for the time being approved by the Secretary of State ... under section 342 of the Education Act 1996, or

the governing body of an institution within the further education sector;

“ qualifying foundation ” means the foundation, as defined by subsection (3)(a) of section 21 of the School Standards and Framework Act 1998, of any foundation or foundation special school that for the purposes of that section has a foundation established otherwise than under that Act;

...

“ subordinate legislation ” has the same meaning as in the Interpretation Act 1978 (c. 30).

Section 2 Power to suspend statutory requirements etc.

(1) On the application of one or more qualifying bodies (“ the applicant ”), the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may for the purpose of this Chapter by order make provision—

(a) conferring on the applicant exemption from any requirement imposed by education legislation;

(b) relaxing any such requirement in its application to the applicant;

(c) enabling the applicant to exercise any function conferred by education legislation on any other qualifying body (either concurrently with or in place of that other body);

(d) making such modifications of any provision of education legislation, in its application to the applicant or any other qualifying body, as are in the opinion of the Secretary of State or the Assembly consequential on any provision made by virtue of any of paragraphs (a) to (c).

(1A) Where the applicant is or includes a qualifying foundation, references in paragraphs (a) to (d) of subsection (1) to the applicant (so far as they would otherwise be read as references to the qualifying foundation) are to be read as references to the governing bodies of all or any of the foundation or foundation special schools in respect of which the applicant is the foundation.

(2) An order under this section shall have effect during a period specified in the order which, subject to section 3(2), must not exceed three years.

(3) Before making an order under this section, the Secretary of State or the National Assembly shall, if he or it considers it appropriate to do so, consult the Chief Inspector.

(4) No order under this section which relates to sections 119 to 129 may be made by the National Assembly for Wales without the consent of the Secretary of State.

(5) The Secretary of State or the National Assembly for Wales shall refuse an application for an order under this section if it appears to the Secretary of State or the Assembly that the proposed order would be likely to have a detrimental effect on the education of —

(a) in relation to England, children with special educational needs, or

(b) in relation to Wales, persons under 25 with special educational needs.

(6) The Secretary of State or the National Assembly for Wales may from time to time give guidance as to the matters which the Secretary of State or the Assembly will take into account in determining whether to grant applications for orders under this section.

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Section 3 Variation or revocation of orders under section 2

(1) The power conferred on the Secretary of State and the National Assembly for Wales by section 2 includes—

(a) power by a further order made under that section on an application made for the purposes of that section by one or more qualifying bodies, to amend any order previously made under that section so as to extend—

(i) the requirements or functions in relation to which the order applies,

(ii) the qualifying bodies to which it applies, or

(iii) subject to subsection (2), the period during which it has effect, and

(b) power by a further order under that section, which may be made without any application from a qualifying body, to revoke any order previously made under that section.

(2) An order made under section 2 by virtue of subsection (1)(a)(iii) of this section may, on one occasion only, extend the period for which a previous order under that section has effect by a period of not more than three years from the end of the period originally specified in the previous order.

Section 4 Applications for orders under section 2

(1) An application for the purposes of section 2 (“an application for an order”) must be in such form, and contain such information, as may be required by the Secretary of State or, as the case may be, the National Assembly for Wales.

(1A) No application for an order may be made by the head teacher of a maintained school without the consent of the governing body of the school.

(2) Before making an application for an order , the qualifying body shall—

(a) in the case of an Education Action Forum, consult each local authority by whom any participating school, as defined by section 10(6)(b) of the School Standards and Framework Act 1998 (c. 31), is maintained,

(aa) in the case of a qualifying foundation, consult the governing body of each foundation or foundation special school to which the application relates and the local authority who maintain the school,

(b) in the case of the governing body of a maintained school, consult—

(i) the local authority who maintain the school, and

(ii) where the school is a foundation school with a qualifying foundation, that foundation, and

(c) in any case, consult such persons (or other persons) as appear to the qualifying body to be appropriate, having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales.

(3) The Secretary or State or the National Assembly for Wales may with the consent of the applicant include in an order under section 2 provisions different from those requested in the application.

Section 5 Annual report

(1) Where the Secretary of State has made any order under section 2 in any academic year, he shall—

(a) prepare a report on all the orders made by him under that section in that academic year, and

(b) lay a copy of the report before each House of Parliament.

(2) Where the National Assembly for Wales has made any order under section 2 in any academic year, the Assembly shall prepare and publish a report on all the orders made by the Assembly under that section in that academic year.

(3) In this section “ academic year ” means a period beginning with 1st August and ending with the next 31st July.

Section 6 Interpretation of Chapter 2

(1) For the purposes of this Chapter a maintained school is a “ qualifying school ” at any time if it is a school of a prescribed description which satisfies prescribed criteria relating to one or more of the following—

(a) the performance of the school,

(b) the quality of the leadership in the school, and

(c) the quality of the management of the school.

(2) The criteria prescribed for the purposes of subsection (1) may include criteria referring to the opinion of the Chief Inspector, the Secretary of State or the National Assembly for Wales.

(3) For the purposes of this Chapter a school teacher is “ employed ” at a school if he works at the school under a contract falling within paragraphs (b), (c) and (d) of section 122(3).

(4) In this Chapter—

“ the Chief Inspector ” has the meaning given by section 1(3);

“ curriculum provision ” means—

in relation to a maintained school maintained by a local authority in England, any provision of the National Curriculum for England, and

in relation to a maintained school maintained by a local authority in Wales, any provision of the National Curriculum for Wales requirement imposed under or by virtue of Part 2 of the Curriculum and Assessment (Wales) Act 2021 ;

“ maintained school ” means a community, foundation or voluntary school or a community or foundation special school;

“ pay and conditions provision ” means any provision of an order under section 122;

“ school teacher ” has the same meaning as in section 122.

Section 7 Exemptions available to qualifying schools

(1) Regulations may for the purposes of this section—

(a) designate any curriculum provision or pay and conditions provision as attracting exemption as of right,

(b) designate any curriculum provision or pay and conditions provision as attracting discretionary exemption,

(c) designate modifications of any curriculum provision or pay and conditions provision as being available as of right, and

(d) designate modifications of any curriculum provision or pay and conditions provision as being available on a discretionary basis.

(2) On the application of the governing body of a qualifying school, the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may by order—

(a) provide that any pay and conditions provision which is designated under subsection (1)(a) or (b) and specified in the order is not to apply in relation to school teachers employed at the school,

(b) provide that any pay and conditions provision which is designated under subsection (1)(c) or (d) is to apply in relation to school teachers employed at the school with modifications which are specified in the order and fall within the modifications designated as being available as of right or available on a discretionary basis,

(c) provide that any curriculum provision which is designated under subsection (1)(a) or (b) and specified in the order is not to apply in relation to the school,

(d) provide that any curriculum provision which is designated under subsection (1)(c) or (d) is to apply in relation to the school with modifications which are specified in the order and fall within the modifications designated as being available as of right or available on a discretionary basis, or

(e) revoke or vary any order previously made under this subsection.

(3) Where an application under subsection (2) by a qualifying school—

(a) relates only to exemption from provisions that are designated under subsection (1)(a) as attracting exemption as of right or to modifications that fall within the modifications designated under subsection (1)(c) as being available as of right (or only to such exemption and such modifications), and

(b) does not relate to the revocation or variation of an order previously made under subsection (2),

the Secretary of State or, as the case may be, the National Assembly for Wales shall make the order requested.

(4) The Secretary of State or the National Assembly for Wales may from time to time give guidance as to the matters which the Secretary of State or the Assembly will take into account in determining whether to grant applications under subsection (2) which relate to—

(a) provisions which are designated under subsection (1)(b) as attracting discretionary exemption, or

(b) modifications which fall within the modifications designated under subsection (1)(d) as being available on a discretionary basis.

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Section 8 Applications for orders under section 7(2)

(1) An application for the purposes of section 7(2) must be in such form, and contain such information, as may be required by the Secretary of State or, as the case may be, the National Assembly for Wales.

(2) Before making such an application, the governing body shall—

(a) consult the local authority ,

(b) where the application relates to a curriculum provision, consult the parents of registered pupils at the school,

(c) where the application relates to a pay and conditions provision, consult each school teacher employed at the school, and

(d) in any case, consult such other persons as appear to them to be appropriate, having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales.

(3) The Secretary of State or the National Assembly for Wales may with the consent of the applicant include in an order under section 7(2) provisions different from those requested in the application.

Section 9 Removal of exemptions

Where—

(a) the Secretary of State or the National Assembly for Wales has made an order under subsection (2) of section 7 in relation to a school (“ the exemption order ”), and

(b) since the making of the exemption order, the school has ceased to be a qualifying school,

the Secretary of State or the Assembly may, without any application by the governing body, make an order under that subsection which revokes the exemption order or varies the exemption order so as to restrict any exemption conferred by it.

Section 10 Determination of pay and conditions during and after exemption

(1) Where an order under section 7(2) which relates to a pay and conditions provision is in force in relation to a school—

(a) the governing body shall determine the remuneration and other conditions of employment of each school teacher employed at the school, to the extent that by virtue of the order the pay and conditions provisions do not apply to him,

(b) the local authority shall do anything necessary to give effect to the governing body’s determination under paragraph (a), and

(c) pending a determination under paragraph (a), the terms on which a school teacher is employed at the school shall remain unchanged (irrespective of any new order under section 122 except so far as applying to him despite the effect of the order under section 7(2)).

(2) The Secretary of State may make regulations about the application of section 122(2) where an order under section 7(2) is revoked or the exemption conferred by it is restricted.

Section 11 Powers of governing bodies to form or invest in companies to provide services etc.

(1) The governing body of a maintained school may form, or participate in forming, companies—

(a) to provide services or facilities for any schools,

(b) to exercise relevant local authority functions, or

(c) to make, or facilitate the making of, arrangements under which facilities or services are provided for any schools by other persons.

(2) The governing body of a maintained school may, with a view to securing or facilitating—

(a) the provision by a company of services or facilities for any schools,

(b) the exercise by a company of relevant local authority functions, or

(c) the making by any person of arrangements of the kind referred to in subsection (1)(c),

invest in the company which is to provide the services or facilities or exercise the functions or by which the arrangements are to be made or facilitated.

(3) The governing body of a maintained school may form, or participate in forming, companies to purchase services or facilities for that school and other participating schools.

(4) The governing body of a maintained school may, with a view to securing or facilitating the purchase by a company of services or facilities for that school and other participating schools, become a member of the company.

(5) The governing body of a maintained school may provide staff to any company in relation to which they have exercised a power conferred by any of subsections (1) to (4).

(6) Subsections (1) to (4) have effect subject to section 12.

(7) In exercising the power conferred by subsection (5) the governing body of a maintained school shall have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(8) This section is without prejudice to any powers of the governing body of a maintained school exercisable otherwise than by virtue of this section.

(9) In this section and section 12—

“ company ” means a company registered under the Companies Act 2006 as a company limited by shares or a company limited by guarantee;

“ relevant local authority functions ”, in relation to a company, means the education functions of any local authority that are or may become exercisable by the company in accordance with an authorisation given or direction made by virtue of any enactment;

“ facilities ” includes the provision of (or of the use of) premises, goods, materials, vehicles, plant or apparatus;

“ maintained school ” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

“ participating school ”, in relation to a company, means a school whose governing body is, or is to be, a member of the company.

(10) References in this section and section 12 to investing in a company include references to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

Section 12 Limits on powers conferred by section 11

(1) The governing body of a maintained school may not exercise any power conferred by any of subsections (1) to (4) of section 11 except—

(a) with the consent of the local authority , and

(b) at a time when the school has a delegated budget (within the meaning of Part 2 of the School Standards and Framework Act 1998 (c. 31)).

(2) A governing body—

(a) may not exercise any of those powers in relation to a company unless the company satisfies any applicable requirements of regulations under subsection (3), and

(b) may not, by virtue of section 11, remain a member of a company at any time when the company fails to satisfy any such requirements.

(3) Regulations—

(a) shall provide that, except in such cases as may be prescribed, the company must be prohibited by its constitution from admitting to its membership any person who is not of a prescribed description, and

(b) may impose requirements with respect to—

(i) the constitution of the company, and

(ii) any other matter connected with the company’s affairs.

(4) Without prejudice to the generality of paragraph (b) of subsection (3), regulations under that paragraph may require that the company be prohibited by its constitution from borrowing money, except with the consent of a prescribed person.

(5) Regulations shall—

(a) provide that where one or more governing bodies have invested in a company by virtue of section 11, a local authority shall be designated as the supervising authority for the company,

(b) specify the persons by whom and the manner in which the power of designation is, or is in specified circumstances, exercisable,

(c) make provision about the duties of a local authority who are for the time being designated as the supervising authority for a company.

(6) Regulations may also—

(a) require that where a local authority are for the time being designated as the supervising authority for a company the company shall provide prescribed information relating to its financial affairs to them at such times and in such manner as may be prescribed,

(b) provide that in prescribed circumstances a local authority who are for the time being so designated may direct any participating governing body to cease to be a member of the company or to take any other prescribed action in relation to the company, and

(c) prescribe the procedure for making such a direction.

(7) In subsection (6)(b) “ participating governing body ”, in relation to a company, means any governing body of a maintained school who are a member of the company.

(8) Regulations may restrict the circumstances in which a local authority may refuse to give any consent applied for under subsection (1).

Section 13 General powers of Secretary of State in relation to companies

(1) The Secretary of State may, if he considers it expedient to do so for purposes connected with any function of his relating to education—

(a) form, or participate in forming, companies to carry on any activities which he considers likely to secure or facilitate the achievement of those purposes, or

(b) invest in any company which is to carry on such activities.

(2) In this section “ education ” includes—

(a) vocational training (including the preparation of young people for employment in general), and

(b) social and physical training (including the promotion of the development of young children),

but does not include higher education.

(3) In this section “ company ” means a company as defined in section 1(1) of the Companies Act 2006 .

(4) The reference in subsection (1) to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

(5) This section is without prejudice to any powers of the Secretary of State exercisable otherwise than by virtue of this section.

Section 14 Power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or children etc

(1) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may give, or make arrangements for the giving of, financial assistance to any person for or in connection with any of the purposes mentioned in subsection (2).

(2) Those purposes are—

(a) the provision, or proposed provision, in the United Kingdom or elsewhere, of education or of educational services;

(b) the provision, or proposed provision, in the United Kingdom or elsewhere, of childcare or of services related to childcare;

(c) enabling any person to undertake any course of education, or any course of higher education provided by an institution within the further education sector;

(ca) enabling any person to receive any training for teachers or for non-teaching staff;

(d) providing for a person’s maintenance while he undertakes such a course;

(e) the promotion of learning or research;

(f) the promotion of the use of educational buildings or facilities for purposes other than those of education;

(g) the provision of any form of training for teachers or for non-teaching staff;

(h) the promotion of the recruitment or retention of teachers or non-teaching staff;

(i) the remuneration of, or provision of other benefits to, teachers or non-teaching staff.

(j) the promotion of the welfare of children and their parents;

(k) the provision of support for parenting (including support for prospective parents).

(2ZA) In subsection (2) , “ training for teachers or for non-teaching staff ” includes—

(a) any training or education (whether or not constituting higher education) with the object of fitting persons to be teachers or non-teaching staff, or better teachers or non-teaching staff, and

(b) any assessment related to the award of a qualification or status to teachers or non-teaching staff, or prospective teachers or non-teaching staff.

(2A) In subsection (2)(j), “ children ” means persons under the age of twenty.

(3) In this section—

“ education ” includes—

vocational training (including the preparation of young people for employment in general), and

social and physical training (including the promotion of the development of young children),

but , except in subsection (2ZA)(a), does not include higher education, and “ educational ” shall be construed accordingly;

“ educational services ” includes administrative, advisory, organisational, training or information services related to education;

“ non-teaching staff ” means persons who are not teachers but who—

are employed at, or otherwise engaged to work at, a school or an institution within the further education sector,

are employed by, or engaged to provide services for, a local authority for purposes connected with the authority’s education function , or

are employed by any person in connection with the provision of education or childcare;

“teacher” does not include a teacher at an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector.

Section 15 Forms of assistance under section 14

(1) Financial assistance under section 14 may be given in any form.

(2) Assistance may, in particular, be given by way of—

(a) grants,

(b) loans,

(c) guarantees,

(d) incurring expenditure on the provision of equipment for the benefit of the person assisted, or

(e) incurring other expenditure for the benefit of the person assisted.

(3) Assistance given under section 14 to a local authority may not be given by way of loan or guarantee.

(4) In subsection (3) “local authority” includes a non-metropolitan district council for an area for which there is a country council.

Section 16 Terms on which assistance under section 14 is given

(1) Financial assistance under section 14 may be given on such terms as the Secretary of State (or, as the case may be, the National Assembly for Wales) considers appropriate, subject to —

(a) subsection (2B) (which relates to institutions within the higher education sector), and

(b) section 175(3B) (which relates to institutions in England that provide further education).

(2) The terms may, in particular, include provisions as to—

(a) circumstances in which the assistance is to be repaid, or otherwise made good, to the Secretary of State (or the National Assembly for Wales), and the manner in which that is to be done;

(b) the giving by the person receiving assistance of financial assistance to other persons on such terms as that person or the Secretary of State (or the Assembly) considers appropriate , subject to subsection (2B) ;

(c) circumstances in which any payments made by virtue of terms included by virtue of paragraph (b) are to be repaid, or otherwise made good, to the person receiving assistance from the Secretary of State (or the Assembly), and the manner in which that is to be done;

(d) the keeping, and making available for inspection, of accounts and other records.

(2A) Subsection (2B) applies to—

(a) financial assistance given under section 14 to an institution within the wider higher education sector, unless the institution is also an institution within the further education sector, and

(b) financial assistance required by virtue of subsection (2)(b) to be given to an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector .

(2B) The terms on which the assistance is given may not be framed by reference to criteria for the selection and appointment of staff or the admission of students.

(3) The person receiving assistance must comply with the terms on which it is given, and compliance may be enforced by the Secretary of State (or, as the case may be, the National Assembly for Wales).

(4) Section 15(2) applies to financial assistance required by virtue of subsection (2)(b) as it applies to financial assistance given under section 14.

Section 17 Delegation

(1) Arrangements under section 14 may provide for assistance to be given, or other functions relating to assistance to be exercised, otherwise than by the Secretary of State or the National Assembly for Wales.

(2) Arrangements under section 14 which so provide may make provision for the functions concerned to be so exercised—

(a) either wholly or to such extent as may be specified in the arrangements, and

(b) either generally or in such cases or circumstances as may be so specified,

but shall not prevent the functions concerned from being exercised by the Secretary of State or, as the case may be, the National Assembly for Wales.

Section 18 Repeal of specific grant-making powers

(1) The following enactments (which confer on the Secretary of State or the National Assembly for Wales specific powers that are superseded by the power in section 14) shall cease to have effect—

(a) section 4 of the Education Act 1967 (c. 3) (loans for capital expenditure for the purposes of colleges of education),

(b) section 1(1)(b) of the Education Act 1986 (c. 40) (grants to Further Education Unit),

(c) section 50(1)(b) of the Education ( No. 2) Act 1986 (c. 61) (grants to facilitate training of persons other than teachers),

(d) section 210 of the Education Reform Act 1988 (c. 40) (grants to further education institutions for education of travellers and displaced persons),

(e) section 211 of that Act (grants in respect of special provision for immigrants),

(f) section 1 of the Nursery Education and Grant-Maintained Schools Act 1996 (c. 50) (arrangements for making grants in respect of nursery education),

(g) sections 486 to 488 and section 490 of the Education Act 1996 (c. 56) (which confer miscellaneous grant-making powers),

(h) section 491 of that Act (payment of school fees and expenses), and

(i) section 3 of the School Standards and Framework Act 1998 (c. 31) (payment of grant in connection with reductions in infant class sizes).

(2) The power to pay grants under section 484 of the Education Act 1996 (education standards grants) shall be exercisable only in relation to Wales.

Section 19 Governing bodies

(1) Each maintained school shall have a governing body, which shall be a body corporate constituted in accordance with regulations.

(1A) Regulations must provide for a governing body of a maintained school in England to consist of—

(a) persons elected or appointed as parent governors,

(b) the head teacher of the school,

(c) a person elected as a staff governor,

(d) a person appointed as a local authority governor,

(e) in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and

(f) such other persons as may be prescribed.

(2) Regulations shall provide for a governing body of a maintained school in Wales to consist of—

(a) persons elected or appointed as parent governors,

(b) persons elected or appointed as staff governors,

(c) persons appointed as local authority governors,

(d) except in the case of a voluntary aided school, persons appointed as community governors,

(e) in the case of a foundation school ... or a voluntary school, persons appointed as foundation governors or partnership governors, and

(f) such other persons as may be prescribed.

(3) Regulations may make provision as to—

(a) the number of governors, or of governors falling within any category,

(b) the person or persons by whom, and the manner in which, governors are to be elected or appointed,

(c) eligibility for election or appointment as governors of any category, or for voting in an election of such governors,

(d) the term of office of governors,

(e) resignation or removal from office of governors,

(f) the payment of allowances to governors,

(g) meetings and proceedings of governing bodies,

(h) the election by the governors of a chairman and vice chairman of the governing body,

(i) the establishment by a governing body of committees,

(j) the appointment of persons other than governors to serve on committees of governing bodies,

(k) the delegation of functions by governing bodies, and

(l) other matters relating to the constitution or procedure of governing bodies.

(4) Regulations made by virtue of subsection (3)(a) must secure that the majority of the governors of a voluntary aided school are persons appointed as foundation governors.

(4A) Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school's local authority governor to be such as may be specified by the school's governing body.

(4B) Regulations made by virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).

(5) Subsection (3)(k) has effect subject to the provisions of any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) ( local authorities ’ financial schemes) which relates to the school.

(6) Schedule 1 (which contains general provisions relating to the governing body as a body corporate) shall have effect.

(7) In discharging any function conferred by regulations under this section, a local authority or the governing body of a maintained school shall have regard to any guidance given from time to time—

(a) in relation to England, by the Secretary of State, or

(b) in relation to Wales, by the National Assembly for Wales.

(8) In relation to maintained schools in England, subsection (1) has effect subject to section 24; and regulations under this section may include provision with respect to the governing bodies of federations.

(9) In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under this section may include provision with respect to the governing bodies of federations (within the meaning of section 21(1) of that Measure).

Section 20 Instruments of government

(1) For every maintained school there shall be an instrument (known as the instrument of government) which determines the constitution of the governing body and other matters relating to the school.

(2) Regulations shall make provision with respect to the making of instruments of government, the matters to be dealt with in such instruments, the form of such instruments, and the review and variation of such instruments.

(3) Regulations under subsection (2) may require any person responsible for the making, review or variation of an instrument of government to have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(4) In relation to maintained schools in England, subsection (1) has effect subject to section 24; and regulations under subsection (2) may include provision with respect to instruments of government for federations.

(4A) In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under subsection (2) may include provision with respect to instruments of government for federations (within the meaning of section 21(1) of that Measure).

(5) The governing body of a maintained school shall not conduct the school under a name other than the one for the time being set out in the school’s instrument of government.

Section 21 General responsibility for conduct of school

(1) Subject to any other statutory provision, the conduct of a maintained school shall be under the direction of the school’s governing body.

(2) The governing body shall conduct the school with a view to promoting high standards of educational achievement at the school.

(3) Regulations may—

(a) set out terms of reference for governing bodies of maintained schools,

(b) define the respective roles and responsibilities in relation to the conduct of a maintained school (whether generally or with respect to particular matters) of—

(i) the local authority ,

(ii) the governing body, and

(iii) the head teacher, and

(c) confer functions on governing bodies and head teachers of such schools.

(4) The governing body of a maintained school shall, in discharging their functions, comply with—

(a) the instrument of government, and

(b) (subject to any other statutory provision) any trust deed relating to the school.

(5) The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—

(a) promote the well-being of pupils at the school, and

(b) in the case of a school in England, promote community cohesion.

(6) The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people's plan.

(7) In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.

(8) In this section “well-being”—

(a) in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and

(b) in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.

(9) In this section “ relevant children and young people's plan ” means—

(a) in relation to a school in England, any plan published by the relevant Children's Trust Board under section 17 of the Children Act 2004 (children and young people's plans: England), and

(b) in relation to a school in Wales, a local well-being plan published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which the local authority is a member.

(10) In subsection (9)(a), “ the relevant Children's Trust Board ” means the Children's Trust Board established by arrangements made under section 10 of the Children Act 2004 by the local authority ...

Section 22 Training and support of governors

The local authority in England shall—

(a) (to the extent that they are not otherwise required to secure the provision of such information) secure that every governor is provided, free of charge, with such information as they consider appropriate in connection with the discharge of his functions as governor, and

(b) secure that there is made available to every governor, free of charge, such training as they consider necessary for the effective discharge of those functions.

Section 23 Clerk to the governing body

Regulations may make provision—

(a) requiring the appointment of a clerk to the governing body of a maintained school and authorising or requiring the appointment of clerks to committees of the governing body;

(b) prescribing the body by whom any such appointment is to be made and any restrictions or other requirements relating to any such appointment;

(c) as to the dismissal of any such clerk and the procedure to be followed in connection with his dismissal;

(d) authorising the governing body or a committee of the governing body, where the clerk fails to attend a meeting of theirs, to appoint one of their number to act as clerk for the purposes of the meeting.

Section 23A Parent councils

(1) A school is for the purposes of this section a “qualifying school” if—

(a) it is a foundation or foundation special school in England,

(b) it has a foundation established otherwise than under the School Standards and Framework Act 1998, and

(c) the instrument of government for the school provides that the majority of governors are to be foundation governors.

(2) The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.

(3) The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.

(4) Regulations may make provision as to—

(a) the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,

(b) eligibility for election or appointment,

(c) the duration of membership, and

(d) meetings and proceedings of a parent council.

(5) Regulations—

(a) must require the majority of members of a parent council to be parent members, and

(b) may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.

(6) Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.

(7) The governing body of a qualifying school must, in exercising their functions under this section with respect to the school's parent council, have regard to any guidance given from time to time by the Secretary of State.

(8) The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.

(9) In this section “ parent member ”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.

Section 24 Federations of schools

(1) In prescribed cases, the governing bodies—

(a) of two or more maintained schools in England ,

(b) of an existing federation and of one or more maintained schools in England , or

(c) of two or more existing federations,

may, after complying with prescribed conditions and in accordance with prescribed procedure, provide for their respective schools to be federated for the purposes of this Chapter.

(2) In this Chapter “ federation ” means a group of schools in England that are federated by virtue of this section, and “ federated school ” means a school forming part of a federation.

(3) Where any schools are federated by virtue of this section, they shall—

(a) have a single governing body constituted under a single instrument of government, and

(b) in prescribed cases, be treated as a single school for the purposes of such enactments as may be prescribed, other than any enactment contained in Chapter 2 of Part 2 of the School Standards and Framework Act 1998 (c. 31) (establishment, alteration or discontinuance of schools) or in Part 3 of that Act (school admissions).

(4) Regulations may make provision—

(a) as to the dissolution of governing bodies on the formation of a federation,

(b) enabling the governing body of a federation to continue in existence as a body corporate when one or more schools join or leave the federation,

(c) as to the circumstances in which and manner in which a federation may be dissolved, or one or more schools may leave a federation,

(d) enabling the governing body of a federation that is dissolved to be replaced either by governing bodies for each of the constituent schools or by governing bodies which include the governing body of a new federation,

(e) as to the transition from one governing body to another,

(f) as to the transfer of property, rights and liabilities between governing bodies, or between local authorities and governing bodies, and

(g) as to such other matters relating to federations, federated schools or the formation or dissolution of federations as the Secretary of State ... considers appropriate.

(5) Regulations made by virtue of subsection (4)(f) in relation to the transfer of property, rights and liabilities may—

(a) provide for prescribed matters to be determined by the Secretary of State ...,

(b) apply with modifications any provision of Schedule 10 to the Education Reform Act 1988 (c. 40) (supplementary provisions with respect to transfers under that Act), or

(c) make provision equivalent to that made by any provision of that Schedule.

(6) In any enactment—

(a) any reference to the governing body or governors of a school is to be construed, in relation to a federated school, as a reference to the governing body or governors of the federation, and

(b) any reference to the instrument of government of a school is to be construed, in relation to a federated school, as a reference to the instrument of government of the federation.

Section 25 Federations: supplementary provisions

(1) Regulations may make provision modifying any provision contained in—

(za) Part 4 of the Education and Inspections Act 2006 (schools causing concern: England),

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

(b) sections 49 to 51 of, and Schedule 15 to, that Act (financial delegation),

in the application of the provision to federated schools in England or their governing bodies.

(2) The modifications that may be made by virtue of subsection (1) include, in particular, modifications—

(a) enabling powers conferred by the provisions referred to in that subsection to be exercised in relation to all the schools in a federation even though the circumstances by reference to which the powers are exercisable exist only in relation to one or more of those schools, and

(b) requiring the apportionment of any costs or expenses incurred by the governing body of a federation.

(3) If regulations made by virtue of section 24 allow the formation of a federation comprising schools within different categories, the regulations may make provision modifying any enactment which relates to schools within a particular category, or to the governing bodies of schools within a particular category, in the application of the enactment to schools forming part of such a federation or to the governing bodies of such federations.

(4) In subsection (3) references to categories of maintained schools are references to the categories set out in section 20(1) of the School Standards and Framework Act 1998.

Section 26 Collaboration between schools

Regulations may—

(a) enable the governing bodies of two or more maintained schools in England to arrange for any of their functions to be discharged jointly or by a joint committee of theirs,

(b) provide for the appointment by two or more governing bodies of a joint committee of those governing bodies for the purposes of discharging any functions in pursuance of any such arrangements, and

(c) provide that any enactment relating to those functions or the governing bodies by whom they are to be discharged is to have effect subject to all necessary modifications in its application in relation to those functions and the governing bodies by whom they are to be discharged.

Section 27 Power of governing body to provide community facilities etc.

(1) The governing body of a maintained school shall have power to provide any facilities or services whose provision furthers any charitable purpose for the benefit of—

(a) pupils at the school or their families, or

(b) people who live or work in the locality in which the school is situated.

(2) The power under subsection (1) includes, in particular, power for a governing body to—

(a) incur expenditure,

(b) enter into arrangements or agreements with any person,

(c) co-operate with, or facilitate or co-ordinate the activities of, any person, and

(d) provide staff, goods, services and accommodation to any person.

(3) Subject to the provisions of Chapter 3 of Part 6 of the Education Act 1996 (c. 56) (charges in connection with education), a governing body may charge for any services or facilities provided under this section.

(4) This section has effect subject to section 28.

Section 28 Limits on power to provide community facilities etc.

(1) Section 27(1) does not enable a governing body to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in—

(a) the school’s instrument of government, or

(b) any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) ( local authorities ’ financial schemes) which relates to the school.

(2) Regulations may make provision preventing governing bodies from doing, by virtue of section 27(1), anything which is specified, or is of a description specified, in the regulations.

(3) A governing body shall exercise the power conferred by section 27(1) only if and to the extent that they are satisfied that anything which they propose to do will not to a significant extent interfere with the performance of any duty imposed on them by section 21(2) or by any other provision of the Education Acts.

(4) Before exercising the power under section 27(1) the governing body of a maintained school in Wales —

(a) shall consult—

(i) the local authority ,

(ii) the staff of the school, and

(iii) the parents of registered pupils of the school,

(b) where the proposed exercise of the power would affect registered pupils of the school and the governing body consider it appropriate in view of their age and understanding to consult all or some of them, shall consult the registered pupils or such of them as the governing body consider it appropriate to consult, and

(c) shall consult such other persons as the governing body consider appropriate.

(4A) In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people's plan.

(4B) In subsection (4A) “ relevant children and young people's plan ” has the meaning given by section 21(9).

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(5) In exercising the power under section 27(1) or consulting under subsection (4), the governing body of a maintained school in Wales shall have regard—

(a) to any guidance given from time to time ... by the National Assembly for Wales, and

(b) to any advice given to them from time to time by the local authority .

Section 28A Power of governing body to provide higher education

(1) Subject to subsection (2), the governing body of a maintained school shall have power to arrange the provision to pupils at the school (whether by teachers at the school or other persons) of courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level).

(2) A governing body may exercise the power under subsection (1) in relation to a particular pupil only if they are satisfied that the provision to that pupil of the course in question will not to any significant extent interfere with the other education with which he is being provided at the school.

(3) The Commission for Tertiary Education and Research may give, or make arrangements for the giving of, financial assistance to any person in connection with the provision of courses mentioned in subsection (1) by the governing body of a maintained school in Wales.

(4) Sections 15 and 16 apply to financial assistance given under subsection (3) as they apply to financial assistance given under section 14.

(5) This section has effect notwithstanding section 1(4) of the Education Act 1996 (functions not conferred with respect to higher education).

Section 29 Additional functions of governing body

(1) The governing body of a maintained school shall—

(a) establish procedures for dealing with all complaints relating to the school or to the provision of facilities or services under section 27, other than complaints falling to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of a statutory provision other than this section, and

(b) publicise the procedures so established.

(2) In establishing or publicising procedures under subsection (1), the governing body shall have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(3) The governing body of a maintained school may require registered pupils to attend at any place outside the school premises for the purposes of receiving

(a) any instruction or training included in the secular curriculum for the school (in the case of a school maintained by a local authority in England), or

(b) any instruction or training included in a curriculum for those pupils by virtue of the Curriculum and Assessment (Wales) Act 2021 or the Learning and Skills (Wales) Measure 2009 (in the case of a school maintained by a local authority in Wales).

(4) In subsection (3) “ maintained school ” does not include a maintained nursery school.

(5) The governing body and head teacher of—

(a) a community or voluntary controlled school,

(b) a community special school, or

(c) a maintained nursery school,

shall comply with any direction given to them by the local authority concerning the health and safety of persons on the school’s premises or taking part in any school activities elsewhere.

Section 29A Power of governing body in England: educational provision for improving behaviour

(1) The governing body of a maintained school in England may require any registered pupil to attend at any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.

(2) In subsection (1) “ maintained school ” does not include a maintained nursery school.

(3) Regulations must make provision—

(a) requiring prescribed persons to be given prescribed information relating to the imposition of any requirement under subsection (1), and

(b) requiring the governing body of the school to keep under review the imposition of any such requirement.

(4) Regulations under this section may also make provision—

(a) requiring a governing body exercising functions under subsection (1) or under the regulations to have regard to any guidance given from time to time by the Secretary of State,

(b) prohibiting a governing body from exercising the power conferred by subsection (1) in such a way that any pupil is required to receive educational provision outside the school premises for a greater number of days in a school year than is specified in the regulations,

(c) requiring the governing body to request prescribed persons to participate in any review of the imposition of a requirement under subsection (1),

(d) about the time within which the first review must be held and the intervals at which subsequent reviews must be held, and

(e) in relation to any other matter relating to the exercise of the power conferred by subsection (1).

Section 30 Governors’ reports (Wales) and other information

(1) Once in every school year the governing body of a maintained school in Wales shall prepare a report (a “ governors’ report ”) dealing with such matters, and otherwise complying with such requirements, as may be specified in regulations.

(2) Regulations may—

(a) impose requirements on the governing body of a maintained school in Wales with respect to—

(i) the giving of copies of a governors’ report to such persons as may be prescribed, and

(ii) making such copies available for inspection at the school;

(b) make provision for—

(i) enabling the governing body to determine the language or languages in which a governors’ report is to be produced and the form or forms in which it is to be produced;

(ii) requiring them to comply with any direction given by the local authority with respect to any additional language to be used or with respect to any additional form in which the report is to be produced;

(c) enable the governors’ report to be combined with any other document whose preparation by the governing body is required by or under any enactment.

(2A) The governing body of a maintained school in Wales must include in a governors' report information about the action taken to promote healthy eating and drinking by pupils of the school.

(3) The governing body of a maintained school (in England or Wales) shall provide the local authority with such reports in connection with the discharge of the functions of the governing body as the authority may require (either on a regular basis or from time to time) for the purposes of the exercise of any of the authority’s education functions.

(4) The head teacher of a maintained school (in England or Wales) shall provide the governing body or (as the case may be) the local authority with such reports in connection with the discharge of his functions as may be required (either on a regular basis or from time to time)—

(a) by the governing body for the purposes of the exercise of any of their functions;

(b) by the authority for the purposes of the exercise of any of their education functions.

(5) Where a requirement under subsection (4) is imposed on the head teacher by the authority—

(a) the authority shall notify the governing body of that requirement, and

(b) the head teacher shall give the governing body a copy of any report made by him in complying with it.

Section 30A School profiles

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Section 31 Control of school premises

Regulations may make provision relating to the control by the governing body of a maintained school of the occupation and use of school premises.

Section 32 Responsibility for fixing dates of terms and holidays and times of sessions: England

(1) In the case of a community, voluntary controlled or community special school in England or a maintained nursery school in England —

(a) the local authority shall determine the dates when the school terms and holidays are to begin and end, and

(b) ...the governing body shall determine the times of the school sessions.

(2) In the case of a foundation, voluntary aided or foundation special school in England the governing body shall determine—

(a) the dates and times when the school terms and holidays are to begin and end, and

(b) ... the times of the school sessions.

(3) Regulations may make provision—

(a) as to the procedure to be followed where the governing body of a school within subsection (1) propose to make any change in the time of the school sessions;

(b) as to the implementation of any such proposal;

(c) for enabling the local authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school.

(4) In this section “ the times of the school sessions ” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.

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(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 32A Responsibility for fixing term and holiday dates in Wales

(1) A local authority in Wales must determine the term dates for each community, voluntary controlled or community special school or maintained nursery school in its area.

(2) A governing body of a foundation or voluntary aided school in Wales (a “relevant governing body”) must determine the term dates for its school.

(3) In exercising its functions under subsection (1), a local authority must co-operate and co-ordinate with—

(a) each relevant governing body in its area, and

(b) every other local authority in Wales,

to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.

(4) In exercising its functions under subsection (2), a relevant governing body must co-operate and co-ordinate with—

(a) the local authority, and

(b) every other relevant governing body in the local authority's area,

to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.

(5) Each local authority in Wales must notify the Welsh Ministers of the term dates which have been determined for a school year in respect of all the maintained schools in its area.

(6) The Welsh Ministers may by regulations make provision about the requirements of notification under subsection (5) including, in particular, provision about—

(a) the form and content of notifications;

(b) the period in which notification must be given;

(c) the procedure for notification.

(7) A local authority or a relevant governing body may alter the term dates which have been notified to the Welsh Ministers only if all the parties mentioned in subsection (8) agree to the alteration.

(8) The parties are—

(a) the local authority,

(b) each relevant governing body in the local authority's area, and

(c) the Welsh Ministers.

(9) In this section—

“ maintained school ” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;

“ term dates ” means the dates on which the school terms and holidays are to begin and end.

Section 32B Welsh Ministers' power to direct determination of term dates

(1) The Welsh Ministers may direct a local authority in Wales or a relevant governing body to determine such term dates for a maintained school in Wales as may be specified in the direction.

(2) A direction under subsection (1) may, in particular—

(a) require different dates to be determined for different schools;

(b) be made in respect of such descriptions of schools as may be specified in the direction (for example, all community schools or all schools within a specified area);

(c) require the determination of different dates from those already determined or altered under section 32A.

(3) Before making a direction under subsection (1) the Welsh Ministers must carry out such consultation as they consider appropriate.

(4) The Welsh Ministers may, by regulations, make such further provision about such consultation as they consider necessary or expedient.

(5) The Welsh Ministers must publish a direction under subsection (1) electronically.

(6) In this section—

“ maintained school ” has the same meaning as in section 32A(9);

“ relevant governing body ” means the governing body of a foundation or voluntary aided school in Wales;

“ term dates ” means the dates on which the school terms and holidays are to begin and end.

Section 32C Responsibility for fixing times of school sessions in Wales

(1) Except in the circumstances described in subsection (2), a governing body of a maintained school must determine the times of the school sessions for the school.

(2) The circumstances are—

(a) that the local authority in whose area the school is situated have given notice to the governing body that the times of the school sessions are to be determined in accordance with subsection (4), and

(b) that the notice has not been withdrawn by the local authority.

(3) A local authority must not give a notice under this section unless they consider that a change in the times of the school sessions is necessary or expedient in order to—

(a) promote the use of sustainable modes of travel within the meaning of section 11 of the Learner Travel (Wales) Measure 2008 (nawm 2), or

(b) improve the effectiveness or efficiency of travel arrangements made, or to be made, by the authority under that Measure.

(4) In the circumstances described in subsection (2)—

(a) where there are 2 sessions on the relevant school day—

(i) the local authority must determine the time each day at which the first school session starts and the second school session ends, and

(ii) the governing body must determine the time each day at which the first school session ends and the second school session starts,

(b) where there is one school session on the relevant school day the local authority must determine the time each day at which the school session starts and ends.

(5) The Welsh Ministers may by regulations make provision—

(a) as to the procedure to be followed where the governing body of a community, voluntary controlled or community special school or maintained nursery school proposes to make any change in the time of the school sessions;

(b) as to the implementation of any such proposal;

(c) for enabling the local authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school;

(d) as to the procedure to be followed where the local authority propose to give a notice under this section;

(e) as to the form and content of such a notice;

(f) as to the implementation of a determination made under subsection (4).

(6) A local authority must have regard to any guidance given by the Welsh Ministers when giving a notice under subsection (2) or discharging any function conferred by this section or regulations made under it.

(7) In this section—

“ maintained school ” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;

“ the times of the school sessions ” means the times at which each of the school sessions or, if there is only one, the school session, is to begin and end on any day.

Section 33 Annual parents’ meetings : Wales

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Section 34 Arrangements for government of new schools

(1) Where proposals for the establishment of a maintained school fall to be implemented under any enactment, the local authority shall make arrangements providing for the constitution of a temporary governing body for the school.

(2) Once constituted in accordance with arrangements made under subsection (1), the temporary governing body shall continue in existence until such time as the governing body are constituted for the school under an instrument of government.

(3) The local authority shall secure that the governing body are so constituted before such date as may be determined in accordance with regulations.

(4) The requirement for there to be an instrument of government for a school (imposed by section 20) shall take effect in relation to a school falling within subsection (1) above as from the date determined under subsection (3).

(5) Regulations may make provision with respect to—

(a) the making and termination of arrangements for the constitution of temporary governing bodies, including such arrangements made in anticipation of proposals falling to be implemented as mentioned in subsection (1),

(b) the constitution, meetings and proceedings of temporary governing bodies, the payment of allowances to temporary governors, and the appointment of clerks to such bodies,

(c) the exercise by a temporary governing body before the school opening date of the powers conferred by section 27,

(d) the transition from a temporary governing body to a governing body constituted under an instrument of government, and

(e) such other matters relating to temporary governing bodies as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.

(6) Regulations under subsection (5) may, in connection with any matters falling within that subsection—

(a) modify any provision made under any of sections 19, 20 or 23 or by Schedule 1;

(b) apply any such provision with or without modifications;

(c) make provision corresponding or similar to any such provision.

(7) Subject to subsection (8), the temporary governing body of a school shall be treated for the purposes of the Education Acts as if they were the governing body during the period—

(a) beginning with the school opening date, and

(b) ending with the time when the governing body are constituted for the school under an instrument of government;

and for the purposes of section 30(3) of this Act and sections 495 to 498 of the Education Act 1996 (c. 56) (general default powers of the Secretary of State) and Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools in Wales) the temporary governing body of a school shall also be so treated at any time falling before the school opening date.

(8) Despite subsection (7), nothing in any of the following provisions, namely—

(a) section 20(1),

(b) (subject to any regulations made under subsection (5)) Schedule 1, or

(c) (subject to any regulations made under subsection (5)) regulations made under section 19, 20 or 23,

applies to any temporary governing body.

(9) In this section “ school opening date ”, in relation to a new maintained school, means the date when the school first admits pupils.

Section 35 Staffing of community, voluntary controlled, community special and maintained nursery schools

(1) This section applies to—

(a) community schools,

(b) voluntary controlled schools,

(c) community special schools, and

(d) maintained nursery schools.

(2) Any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the local authority .

(3) The teaching staff of any school to which this section applies shall include—

(a) a person appointed as head teacher, or

(b) a person appointed to carry out the functions of the head teacher of the school—

(i) pending the appointment of a head teacher, or

(ii) in the absence of the head teacher.

(4) Regulations may make further provision with respect to the staffing of schools to which this section applies.

(5) Regulations under subsection (4) may, in particular—

(a) make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,

(b) make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,

(c) make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—

(i) the provision of facilities and services under section 27, or

(ii) any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body, and

(d) confer functions on local authorities , governing bodies and head teachers.

(6) In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), regulations under subsection (4) shall have effect subject to the provisions of that section.

(7) If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension under ... Schedule 15 to, the School Standards and Framework Act 1998 , or section 66 of the Education and Inspections Act 2006 , or section 8 of the School Standards and Organisation (Wales) Act 2013 , —

(a) regulations under subsection (4) shall not apply, and

(b) the provisions of Part 1 of Schedule 2 shall apply instead.

(8) In discharging any function conferred by regulations under subsection (4), a local authority in Wales or the governing body or head teacher of a maintained school in Wales shall have regard to any guidance given from time to time—

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

(b) ...by the National Assembly for Wales.

Section 36 Staffing of foundation, voluntary aided and foundation special schools

(1) This section applies to—

(a) foundation schools,

(b) voluntary aided schools, and

(c) foundation special schools.

(2) Except as provided by regulations under subsection (4), any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the governing body of the school.

(3) The teaching staff of any school to which this section applies shall include—

(a) a person appointed as head teacher, or

(b) a person appointed to carry out the functions of the head teacher of the school—

(i) pending the appointment of a head teacher, or

(ii) in the absence of the head teacher.

(4) Regulations may make further provision with respect to the staffing of schools to which this section applies.

(5) Regulations under subsection (4) may, in particular—

(a) make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,

(b) make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,

(c) make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—

(i) the provision of facilities and services under section 27, or

(ii) any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body,

(d) enable teachers and other staff to be employed by the local authority in prescribed cases, and

(e) confer functions on local authorities , governing bodies and head teachers.

(6) Regulations under subsection (4) shall have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character).

(7) If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension under ... Schedule 15 to, the School Standards and Framework Act 1998 , or section 66 of the Education and Inspections Act 2006 , or section 8 of the School Standards and Organisation (Wales) Act 2013 , regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2.

(8) In discharging any function conferred by regulations under subsection (4), a local authority in Wales or the governing body or head teacher of a maintained school in Wales shall have regard to any guidance given from time to time—

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

(b) ... by the National Assembly for Wales.

Section 37 Payments in respect of dismissal, etc.

(1) It shall be for the governing body of a maintained school to determine—

(a) whether any payment should be made by the local authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and

(b) the amount of any such payment.

(2) Subsection (1) does not, however, apply in relation to a payment which the local authority are required to make—

(a) by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or

(b) under any statutory provision.

(3) The local authority —

(a) shall take such steps as may be required for giving effect to any determination of the governing body under subsection (1), and

(b) shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.

(4) Subject to subsection (7), costs incurred by the local authority in respect of any premature retirement of a member of the staff of a maintained school shall be met from the school’s budget share for one or more funding periods except in so far as the authority agree with the governing body in writing (whether before or after the retirement occurs) that they shall not be so met.

(5) Subject to subsection (7), costs incurred by the local authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school shall not be met from the school’s budget share for any funding period except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.

(6) The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5); and in this subsection the reference to dismissal by reason of redundancy shall be read in accordance with section 139 of the Employment Rights Act 1996 (c. 18).

(7) Where a local authority incur costs—

(a) in respect of any premature retirement of any member of the staff of a maintained school who is employed for community purposes, or

(b) in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school who is employed for those purposes,

they shall recover those costs from the governing body except in so far as the authority agree with the governing body in writing (whether before or after the retirement, dismissal or resignation occurs) that they shall not be so recoverable.

(7A) Any amount payable by virtue of subsection (7) by the governing body of a maintained school in England to the local authority may be met by the governing body out of the school's budget share for any funding period if and to the extent that the condition in subsection (7B) is met.

(7B) The condition is that the governing body are satisfied that meeting the amount out of the school's budget share will not to a significant extent interfere with the performance of any duty imposed on them by section 21(2) or by any other provision of the Education Acts.

(8) Any amount payable by virtue of subsection (7) by the governing body of a maintained school in Wales to the local authority shall not be met by the governing body out of the school’s budget share for any funding period .

(9) Where a person is employed partly for community purposes and partly for other purposes, any payment or costs in respect of that person is to be apportioned between the two purposes; and the preceding provisions of this section shall apply separately to each part of the payment or costs.

(10) Regulations may make provision with respect to the recovery from governing bodies of amounts payable by virtue of subsection (7).

(11) Subsections (1) to (6) do not apply to a maintained school at any time when the school does not have a delegated budget by virtue of any suspension under ... Schedule 15 to, the School Standards and Framework Act 1998 (c. 31) or section 8 of the School Standards and Organisation (Wales) Act 2013 .

(12) In this section—

“ community purposes ” means the purposes of the provision of facilities or services under section 27;

“ funding period ” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.

Section 38 Communication with schools

(1) In considering whether to issue any guidance or other circular to the governing bodies or head teachers of maintained schools in the exercise of functions relating to education, the Secretary of State and the National Assembly for Wales shall have regard to—

(a) the desirability of providing information about good educational practice, while recognising the professional expertise of teachers,

(b) the benefits that are expected to result from the issue of the guidance or other circular, and

(c) the desirability of avoiding—

(i) the sending of excessive material to governing bodies or head teachers, and

(ii) the imposition of excessive administrative burdens on governing bodies or head teachers.

(2) In pursuance of the duty in subsection (1) the Secretary of State shall in respect of each academic year—

(a) prepare a report listing—

(i) documents sent by him during the year to all governing bodies of maintained schools in England or to all head teachers of such schools, and

(ii) documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and

(b) lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by him.

(3) In pursuance of the duty in subsection (1) the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing—

(a) documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools, and

(b) documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.

(4) The documents referred to in subsections (2) and (3) do not include any document sent by the Secretary of State or the National Assembly for Wales—

(a) otherwise than in the exercise of functions relating to education, or

(b) at the request of the person to whom it is sent.

(5) Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall list within it previous relevant documents issued by the Secretary of State or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document.

(6) Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall state clearly the persons for whom any advice and guidance is intended.

(7) In this section “ academic year ” means a period beginning with 1st August and ending with the next 31st July.

Section 39 Interpretation of Chapter 1

(1) In this Chapter—

“ budget share ” has the same meaning as in Part 2 of the School Standards and Framework Act 1998 (c. 31);

“ federation ” and “ federated school ” in relation to England have the meaning given by section 24;

“ maintained school ” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

“ maintained nursery school ” means a nursery school which is maintained by a local authority and is not a special school;

“ statutory provision ” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30).

(2) In this Chapter—

(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.

Section 40 Amendments of Part 2 of School Standards and Framework Act 1998

Schedule 3 (which contains amendments of Part 2 of the School Standards and Framework Act 1998 relating to the power conferred by section 27 and to the engagement of staff otherwise than as employees) shall have effect.

Section 41 Determination of specified budgets of local authority

(1) After section 45 of the School Standards and Framework Act 1998 there is inserted—

Determination of specified budgets of local authority

(45A)

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

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

(3) For the purposes of this Part, a local authority ’s “individual schools budget” for a financial year is the amount remaining after deducting from the authority’s schools budget for that year such planned expenditure by the authority in respect of that year 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.

(5) Before the schools budget deadline in any financial year, a local authority shall—

(a) determine the proposed amount of their schools budget for the following financial year, and

(b) give notice of their determination to the Secretary of State and to the governing body of every school maintained by the authority.

(6) For the purposes of this section and section 45B “the schools budget deadline” is—

(a) the end of December in the case of an authority in England, and

(b) the end of January in the case of an authority in Wales.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Section 46 of that Act (determination of local authority ’s local schools budget and individual schools budget) shall cease to have effect.

Section 42 Power of Secretary of State to set minimum schools budget

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

Section 43 Schools forums

After section 47 of the School Standards and Framework Act 1998 (c. 31) there is inserted—

Schools forums

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.

(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 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.

(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.

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

(6) Regulations made by virtue of subsection (5) may include provision enabling the Secretary of State in prescribed circumstances to remove from membership of a schools forum any non-schools member.

(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—

“ non-schools member ”, in relation to a schools forum, means a member other than a schools member;

“ relevant authority ”, in relation to a schools forum, means the local authority by whom the forum is established;

“ schools member ”, in relation to a schools forum, means a member elected to represent governing bodies or head teachers of schools maintained by the relevant authority.