Office of Public Sector Information
PART 3 continued CHAPTER 1 continued
(1) It shall be for the governing body of a maintained school to determine—
(a) whether any payment should be made by the local education 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 education 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 education 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 education 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 financial years 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 education 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 financial year 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 education 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.
(8) Any amount payable by virtue of subsection (7) by the governing body of a maintained school to the local education authority shall not be met by the governing body out of the school’s budget share for any financial year.
(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 section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998 (c. 31).
(12) In this section “community purposes” means the purposes of the provision of facilities or services under section 27.
(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.
(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” 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 education 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.
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.
(1) After section 45 of the School Standards and Framework Act 1998 there is inserted—
(1) For the purposes of this Part, a local education authority’s “LEA 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 education 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 education 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 end of January in any financial year, a local education 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.”
(2) In section 45 of that Act (maintained schools to have budget shares), in subsection (1) for “46” there is substituted “45A”.
(3) Section 46 of that Act (determination of LEA’s local schools budget and individual schools budget) shall cease to have effect.
After section 45A of the School Standards and Framework Act 1998 (c. 31) there is inserted—
(1) If it appears to the Secretary of State that, in all the circumstances, the amount proposed in a notice under section 45A(5) as a local education authority’s schools budget for a financial year is inadequate, the Secretary of State may, within the period of fourteen days beginning with the day on which the notice was given, give the authority a notice under subsection (4) or (5).
(2) If at the end of January in any financial year a local education authority have failed to give the Secretary of State a notice under section 45A(5) in relation to their schools budget for the following financial year, the Secretary of State may, at any time after the end of that January, give the authority a notice under subsection (4) or (5).
(3) In this section and section 45C “the year under consideration” means the financial year to which the notice under section 45A(5) relates or, in a case falling within subsection (2), the financial year in relation to which such a notice ought to have been given.
(4) A notice under this subsection is a notice determining the minimum amount of the authority’s schools budget for the year under consideration.
(5) A notice under this subsection is a notice which—
(a) specifies the amount which the Secretary of State would have determined as the minimum amount of the authority’s schools budget for the year under consideration if he had acted under subsection (4), and
(b) states the Secretary of State’s intention to determine the minimum amount of the authority’s schools budget for the following financial year.
(6) A notice under subsection (4) or (5) must include a statement of the Secretary of State’s reasons for giving the notice.
(7) The Secretary of State may act under different subsections in relation to different authorities.
(1) The local education authority may, within the period of fourteen days beginning with the date of a notice under section 45B(4), give the Secretary of State notice of their objection to his determination, giving reasons for their objection.
(2) Where the local education authority have given notice of their objection under subsection (1), the notice under section 45B(4) shall cease to have effect, but the Secretary of State may by order prescribe the minimum amount of the authority’s schools budget for the year under consideration.
(3) The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(4).
(4) An order under subsection (2) may relate to two or more authorities.
(5) No order under subsection (2) may be made in relation to one or more authorities in England unless a draft of the order has been laid before and approved by a resolution of the House of Commons.
(6) Where—
(a) a notice under section 45B(4) has been given to a local education authority and no notice of objection has been given during the period specified in subsection (1), or
(b) an order has been made under subsection (2),
the local education authority shall determine a schools budget for the year under consideration which is not less than the amount specified in relation to the authority in the notice or order.”
After section 47 of the School Standards and Framework Act 1998 (c. 31) there is inserted—
(1) Every local education 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 education 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.”
(1) Regulations may require the governing body of a maintained school—
(a) to keep prescribed accounts and prescribed records in relation to the accounts,
(b) to prepare prescribed financial statements or reports,
(c) to comply with prescribed conditions with respect to audit, and
(d) to send copies of the accounts, together with such financial statements or reports as may be prescribed, to the local education authority.
(2) The regulations may—
(a) impose on the governing body requirements relating to—
(i) resources held by the governing body, and
(ii) other resources whose application is controlled by the governing body, and
(b) provide that for the purposes of the regulations any resources which, although not held by the governing body, appear to the local education authority to be available for the purposes of the school or for the purposes of the maintenance of any part of the school premises are to be taken to fall within paragraph (a)(ii) unless the governing body satisfy the local education authority that the governing body do not control the application of those resources.
(3) For the purposes of subsection (2), any powers exercisable by the head teacher are to be taken to be exercisable by the governing body.
(4) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may require a local education authority to give him or it copies of accounts or other documents received by the authority from a governing body in accordance with regulations under this section.
(5) The regulations may prescribe the form or manner in which, the period by reference to which, and the time within which, anything required by the regulations must be done.
(6) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may—
(a) publish information provided in accordance with regulations under this section in such form and manner as he or it considers appropriate,
(b) make arrangements for such information to be published in such form and manner, and by such persons, as he or it may specify for the purposes of this section, and
(c) make regulations requiring local education authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.
(7) In this section “maintained school” has the same meaning as in Chapter 1.
(1) Section 52 of the School Standards and Framework Act 1998 (c. 31) (financial statements by local education authority) is amended as follows.
(2) In subsection (2), the word “and” at the end of paragraph (b) is omitted and after paragraph (c) there is inserted “and
(d) accountable resources held, received or expended in the year by any person in relation to a school maintained by the authority.”
(3) After subsection (2) there is inserted—
“(2A) In subsection (2)(d), “accountable resources”, in relation to a maintained school, means any resources which are not provided by the local education authority but in respect of which an obligation is imposed on the governing body of the school by virtue of regulations under section 44 of the Education Act 2002 (accounts of maintained schools).”
After section 85 of the School Standards and Framework Act 1998 there is inserted—
(1) A local education authority shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of—
(a) advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, and
(b) advising the admission authorities for maintained schools in the area for which the forum is established on—
(i) such matters connected with the determination of admission arrangements, and
(ii) such other matters connected with the admission of pupils,
as may be prescribed.
(2) The authority may establish sub-committees of the forum.
(3) Regulations may make provision—
(a) as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,
(b) as to the manner in which advice is to be given by a forum, and
(c) as to the establishment by local education authorities of joint admission forums.
(4) The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.
(5) The local education authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate.”
(1) For section 86(5) of the School Standards and Framework Act 1998 (c. 31) (no prejudice for the purposes of subsection (3)(a) to be taken to arise from the admission of a number of pupils not exceeding the relevant standard number or the admission number, whichever is greater) there is substituted—
“(5) No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year.
(5A) Those conditions are—
(a) that the school is one at which boarding accommodation is provided for pupils; and
(b) that the determination under section 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in paragraphs (a) and (b) of section 89A(2).
(5B) Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following—
(a) the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders;
(b) the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders.”
(2) After section 89 of that Act there is inserted—
(1) A determination under section 89 by the admission authority for a maintained school of the admission arrangements which are to apply for a school year shall include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year.
(2) Such a determination under section 89 may also, if the school is one at which boarding accommodation is provided for pupils, include—
(a) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and
(b) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders.
(3) Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school to have regard, in making any such determination, to—
(a) any prescribed method of calculation, and
(b) any other prescribed matter.
(4) References in this section to the determination of any number include references to the determination of zero as that number.”
After section 89A of the School Standards and Framework Act 1998 (c. 31) there is inserted—
(1) Regulations may require a local education authority—
(a) to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and
(b) to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.
(2) Subject to subsection (3), the Secretary of State may make, in relation to the area of a local education authority and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.
(3) A scheme may not be made under subsection (2) in relation to a local education authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—
(a) a scheme formulated by the local education authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and
(b) the authority provide the Secretary of State with a copy of the scheme and inform him that the scheme has been so adopted.
(4) The Secretary of State may by regulations require local education authorities to provide other local education authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.
(5) Regulations may provide—
(a) that each local education authority shall secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school shall be communicated to the parent of the child except on a single day, designated by the local education authority, in each year, or
(b) that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day.
(6) In this section—
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“qualifying scheme” means a scheme that meets prescribed requirements.
(1) Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—
(a) local education authorities, and
(b) the admission authorities for maintained schools.
(2) Regulations may provide that where a local education authority or the governing body of a maintained school have, in such manner as may be prescribed, adopted a scheme formulated by a local education authority for the purpose mentioned in section 89B(1)(a), sections 496 and 497 of the Education Act 1996 shall apply as if any obligations imposed on the local education authority or governing body under the scheme were duties imposed on them by that Act.
(3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of this section so provides, be made by the local education authority regardless of whether they are the admission authority for the school.
(4) Before proposing a scheme for adoption under section 89B(1) a local education authority shall comply with such requirements as to consultation as may be prescribed.
(5) Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.
(6) Before making a scheme under section 89B(2) in relation to the area of any local education authority, the Secretary of State shall consult—
(a) the local education authority, and
(b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.
(7) A scheme made under section 89B(2) may be varied or revoked by the Secretary of State.”
Education Act 2002