DES Circular 7/83 (1983)

This circular and its attached Order extended the provisions of 1980 Education Act relating to governing bodies to all maintained special schools to which those provisions did not already apply.

The text of DES Circular 7/83 was prepared by Derek Gillard and uploaded on 18 March 2021.

Department of Education and Science
London: 1983
© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.

[page 1]

Circular No. 7/83
6 December 1983

DEPARTMENT OF EDUCATION AND SCIENCE, ELIZABETH HOUSE,
YORK ROAD, LONDON SE1 7PH

EDUCATION ACT 1980: APPLICATION OF SECTION 2 TO MAINTAINED SPECIAL SCHOOLS

1. The Secretary of State has made an order under section 2(11)(b) of the Education Act 1980, a copy of which is attached to this Circular. The order comes into force on 1 September 1984 and extends the provisions of that Act relating to governing bodies to all maintained special schools to which those provisions do not already apply.*

2. The effect of the order is to require local education authorities, in so far as they are not already required to do so:

a. to revise the instruments of government of all the special schools which they maintain so as to conform with the requirements of section 2 of the Act; and

b. because of the operation of section 3(8)(b), to establish a separate governing body for each special school which they maintain, unless they have applied for and obtained the approval of the Secretary of State to an arrangement for a joint governing body under section 3(2) of the Act.

a. the schools provide for pupils with similar special educational needs, and consist of:

i. a secondary school and its associated primary schools; or

ii. separate schools for boys and girls serving the same area; or

iii. two schools comprising the total provision for the particular group of pupils; or

[page 2]

b. the schools serve different needs, but are on the same or neighbouring sites and share, facilities and work in close co-operation; or

c. a special school and an ordinary school on neighbouring sites share facilities and work in close co-operation.

4. Applications for approval to proposals for joint governing bodies involving special schools, and any enquiries about this Circular, should be addressed to Special Education Division, Room 3/92, at the address at the head of this Circular.

D J S HANCOCK

To All LEAs, Local Authority Associations, Teacher Unions and Other Bodies.

[page 3]

In exercise of the power conferred on the Secretary of State by section 2(11)(b) of the Education Act 1980(a), the Secretary of State for Education and Science, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Order:-

1. This Order may be cited as the Education Act 1980 (Application of Sections 2 and 3) Order 1983 and shall come into operation on 1st September 1984.

2. Section 2 of the Education Act 1980 (requirements as to governing bodies) shall apply to any special school maintained by a local education authority to which the section does not already apply by virtue of subsection (11)(a) thereof or the Education Act 1980 (Application of Sections 2 and 3) Order 1981(b).

(a) 1980 c. 20.

(b) See Department of Education and Science Circular 4/81 and Welsh Office Circular 27/81

[page 4]

This Order provides that section 2 of the Education Act 1980 (requirements as to governing bodies) shall apply to any special school maintained by a local education authority to which the section does not already apply. The section already applies, by virtue of subsection (11)(a) thereof or the Order mentioned in Article 2, to schools having an instrument of government made on or after 1st July 1981, and to schools not having an instrument of government or subject to a grouping arrangement made before that date.

Section 3 of that Act (grouping of schools under single governing body) applies, by virtue of subsection (8), where section 2 applies; accordingly section 3 applies to any such school as is mentioned above.