HL Deb 21 July 1998 vol 592 cc727-8

(".—(1) Subject to subsection (2), a local education authority shall, before resolving to group any schools under section (Grouping of community, voluntary aided, voluntary controlled and community special schools under a single governing body), obtain the consent of the Secretary of State to the proposed grouping.

(2) The Secretary of State's consent is not required if—

  1. (a) the group will consist only of two primary schools;
  2. (b) both of the schools serve substantially the same area;
  3. (c) neither of the schools is a special school (as defined in section 337 of the Education Act 1996); and
  4. (d) where they are in Wales, there is no significant difference between them in their use of the Welsh language.

(3) Where—

  1. (a) two primary schools have been grouped in circumstances in which, by virtue of subsection (2), the Secretary of State's consent to the grouping was not required, and
  2. (b) a change of circumstances occurs such that a proposal to group those schools made after that change would require his consent,
the local education authority shall obtain his consent to their continuing to be grouped.

(4) The Secretary of State may give his consent to any grouping (or continued grouping) of schools subject to such conditions as to the duration of the grouping as he sees fit to impose.

(5) Any dispute as to whether, for the purposes of this section—

  1. (a) two primary schools are to be regarded as serving substantially the same area, or
  2. (b) there is any significant difference between two primary schools in their use of the Welsh language,
shall be determined by the Secretary of State.").

The Commons disagreed to this amendment for the following reason—

44A Because each of the schools concerned should have its own dedicated governing body to oversee standards at the school.