# The Education (Grant-maintained Special Schools) Regulations 1994, Regulation 4: Becoming a grant-maintained special school: duty of governing body and initiation of procedure


(1) section 24 of the 1993 Act shall apply in relation to maintained special schools eligible to become grant-maintained special schools as it applies to other schools which are eligible for grant-maintained status, subject to the modification that for subsection (1) of that section there shall be substituted—
“(1) This section applies, with effect from 1st September 1994, to all maintained special schools in England which are eligible to become grant-maintained special schools.”
(2) In the case of a hospital special school section 24 of the 1993 Act shall apply with the following further modifications—
(a) In subsections (2) and (4)(b), the words “whether to hold a ballot of parents on the question of” shall be omitted.
(b) Subsection (3) shall be omitted.
(c) In subsection (4)(a), for the words “to hold a ballot of parents in pursuance of subsection (2) above” there shall be substituted “application should be made for the school to become a grant-maintained special school”; and for the words “not to hold a ballot” there shall be substituted the words “not to make such an application”.
(3) Sections 25 to 31 of the 1993 Act shall apply in relation to maintained special schools eligible to become grant-maintained special schools as they apply to other schools which are eligible for grant-maintained status but subject, in the case of hospital special schools, to the following modifications—
(a) Where the governing body of a hospital special school which is eligible to become a grant-maintained special school decide by a resolution passed at a meeting of that body to apply for the school to become a grant-maintained special school, they shall give notice in writing of their decision to the local education authority; and subsection (2) of section 25 shall apply to that notice as it applies to notice under section 25(1)(b).
(b) Sections 26 to 31 of the 1993 Act shall not apply.
(4) Section 25 of the 1993 Act shall apply in relation to a maintained special school eligible to become a grant-maintained special school as if there were added at the end of that section the following subsection—
“(4) A meeting of the governing body of a maintained special school shall not consider whether a ballot of parents should be held on the question of whether the school should seek to become a grant-maintained special school or, where the school is established in a hospital, whether an application should be made for the school to become such a school, unless consideration of that question is a specific item of business on the agenda for the meeting, of which at least seven clear days notice shall have been given; and any such question shall only be determined by way of a vote involving the marking in secret of a voting paper by each member present and voting.”

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Source: https://www.legislation.gov.uk/uksi/1994/653/regulation/4 (the official version)
Page: https://openlegislation.uk/education-grant-maintained-special-schools-regulations-1994/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.