OpenLegislation

Paragraph 5 F1

(1)

This paragraph applies to a voluntary school.

(2)

The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—

(a)

any directions given by the local education authority—

(i)

(in the case of a voluntary controlled school) under sub-paragraph (3), or

(ii)

(in the case of a voluntary aided school) under paragraph 7(3);

(b)

any transfer of control agreement entered into by the governing body under paragraph 6; and

(c)

any requirements of an enactment other than this Act or regulations made under it.

(3)

The local education authority may give such directions as to the occupation and use of the premises of a voluntary controlled school as they think fit (subject to paragraph 7(1) and (2)).

(4)

Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 6) the use of those premises is or would be under the control of such a person—

(a)

this paragraph, and

(b)

paragraphs 6 and 7,

shall have effect in relation to the school with the substitution of references to that person for references to the governing body.

Annotations

Textual amendments

F1

Schs. 9-13 repealed (1.10.2002 for E. for the repeal of Sch. 10, 1.9.2003 for E. for the repeal of Schs. 9, 11, 12, 1.9.2004 for W. for the repeal of Sch. 11 para. 7, 31.10.2005 for W. for the repeal of Schs. 9-12 in so far as not already in force, 31.3.2008 for W. for the repeal of Sch. 13 and otherwise prosp.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1667, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2; S.I. 2005/2910, art. 4, Sch.; S.I. 2007/3611, art. 4(2), Sch. Pt. 2