Section 23 Schools eligible for grant-maintained status.

England and Wales

(1)

Subject to subsections (2) and (3) below, any county or voluntary school is for the purposes of this Part of this Act eligible for grant-maintained status.

(2)

A county or voluntary school is not eligible for grant-maintained status if proposals by the local education authority to cease to maintain the school have been published under section 12(1)(c) of the M1Education Act 1980 and either—

(a)

the proposals have been approved by the Secretary of State under that section, or

(b)

where the proposals do not require the approval of the Secretary of State, the local education authority have determined to implement the proposals and notified the Secretary of State of their determination in accordance with subsection (8) of that section.

(3)

A voluntary school is not eligible for grant-maintained status if—

(a)

notice of the governing body’s intention to discontinue the school has been served under section 14 of the M2Education Act 1944 and has not been withdrawn, or

(b)

proposals by the governing body to discontinue the school have been published, and approved by the Secretary of State, under section 13 of the M3Education Act 1980 (as applied by section 59(2)(b) of the M4Further and Higher Education Act 1992).

Annotations

Marginal citations

M1: 1980 c. 20.
M2: 1944 c. 31.
M3: 1980 c. 20.
M4: 1992 c. 13.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)

Notes on Chapter II

Modifications

C1: Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)