Education and Inspections Act 2006

2006 Chapter 40

An Act to make provision about primary, secondary and further education and about training; to make provision about food or drink provided on school premises or in connection with the provision of education or childcare; to provide for the establishment of an Office for Standards in Education, Children’s Services and Skills and the appointment of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills and make provision about the functions of that Office and that Chief Inspector; to provide for the amendment of references to local education authorities and children’s services authorities; to amend section 29 of the Leasehold Reform Act 1967 in relation to university bodies; and for connected purposes.

[8th November 2006]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1Education functions of local authorities

1Duties in relation to high standards and the fulfilment of potential

For section 13A of EA 1996 substitute—

13ADuty to promote high standards and the fulfilment of potential

1

A local education authority shall ensure that their functions relating to the provision of education to which this section applies are (so far as they are capable of being so exercised) exercised by the authority with a view to—

a

promoting high standards,

b

in the case of a local education authority in England, ensuring fair access to educational opportunity, and

c

promoting the fulfilment by every child concerned of his educational potential.

2

This section applies to education for—

a

children of compulsory school age (whether at school or otherwise); and

b

children under or over that age who are registered as pupils at schools maintained by the authority,

and in subsection (1) “functions” means functions of whatever nature.

3

In this section “child” means a person under the age of 20.

2Duties in relation to diversity and choice

In section 14 of EA 1996 (functions of local education authorities in relation to the provision of primary and secondary education) after subsection (3) insert—

3A

A local education authority in England shall exercise their functions under this section with a view to—

a

securing diversity in the provision of schools, and

b

increasing opportunities for parental choice.

3Duty to consider parental representations

After section 14 of EA 1996 insert—

14ADuty of local education authority to consider parental representations

1

Where a local education authority in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall—

a

consider the representation and what action (if any) to take in response to it, and

b

within a reasonable time provide the parent with a statement setting out—

i

any action which the authority propose to take in response to the representation, or

ii

where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.

2

In subsection (1) “qualifying child”, in relation to a local education authority, means any child in the authority’s area who is of or under compulsory school age.

3

Subsection (1) does not apply in relation to any representation which—

a

appears to the local education authority to be frivolous or vexatious, or

b

is the same as, or similar to, a representation previously received by the authority from the same person.

4

In exercising their functions under this section, a local education authority must have regard to any guidance given from time to time by the Secretary of State.

4Duty to identify children not receiving education

1

In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert—

Children not receiving suitable education

436ADuty to make arrangements to identify children not receiving education

1

A local education authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—

a

are not registered pupils at a school, and

b

are not receiving suitable education otherwise than at a school.

2

In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.

3

In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

2

In section 437 of EA 1996, in subsection (8) omit the definition of “suitable education”.

3

In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute “section 436A(3)”.

5School improvement partners

1

A local education authority in England must appoint, in relation to each maintained school which they maintain, a person (to be known as a school improvement partner) to provide advice to the governing body and head teacher of the school with a view to improving standards at the school.

2

A person may not be appointed as, or remain, a school improvement partner unless he is for the time being accredited for the purposes of this section—

a

by the Secretary of State, or

b

by a person authorised by the Secretary of State to accredit persons for those purposes.

3

Regulations may prescribe other requirements to be met by local education authorities in connection with the appointment of school improvement partners.

4

Regulations may confer functions in relation to school improvement partners on local education authorities or on the governing bodies of maintained schools.

5

Regulations may provide that in prescribed circumstances a person employed or engaged by a local education authority before the commencement of this section is to be taken to have been appointed by them as a school improvement partner.

6

In this section—

“maintain”, in relation to a maintained school, has the same meaning as in SSFA 1998;

“maintained school” means—

a community, foundation or voluntary school, or

a community or foundation special school;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State.

6Functions in respect of youth work, recreation etc

1

Before section 508 of EA 1996 (functions of LEA in respect of facilities for recreation and social and physical training), and immediately after the cross-heading which precedes that section, insert—

507ALEAs in England: functions in respect of recreational and training facilities for children under 13

1

A local education authority in England must secure that the facilities for primary and secondary education provided for their area include adequate facilities for recreation and social and physical training for children who have not attained the age of 13.

2

For the purposes of subsection (1) a local education authority may—

a

establish, maintain and manage, or assist the establishment, maintenance and management of—

i

camps, holiday classes, playing fields, play centres, and

ii

other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary or secondary education;

b

organise games, expeditions and other activities for such persons; and

c

defray, or contribute towards, the expenses of such games, expeditions and other activities.

3

When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a local education authority must, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

507BLEAs in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24

1

A local education authority in England must, so far as reasonably practicable, secure for qualifying young persons in the authority’s area access to—

a

sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and

b

sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.

2

“Qualifying young persons”, for the purposes of this section, are—

a

persons who have attained the age of 13 but not the age of 20; and

b

persons who have attained the age of 20 but not the age of 25 and have a learning difficulty (within the meaning of section 13(5)(a) and (6) of the Learning and Skills Act 2000).

3

For the purposes of subsection (1)(a)—

a

“sufficient educational leisure-time activities” which are for the improvement of the well-being of qualifying young persons in the authority’s area must include sufficient educational leisure-time activities which are for the improvement of their personal and social development, and

b

“sufficient facilities for such activities” must include sufficient facilities for educational leisure-time activities which are for the improvement of the personal and social development of qualifying young persons in the authority’s area.

4

References in the remaining provisions of this section to “positive leisure-time activities” are references to any activities falling within paragraph (a) or (b) of subsection (1).

5

For the purposes of subsection (1) a local education authority may—

a

provide facilities for positive leisure-time activities;

b

assist others in the provision of such facilities;

c

make arrangements for facilitating access for qualifying young persons to such facilities;

d

organise positive leisure-time activities;

e

assist others in the organisation of such activities;

f

make arrangements for facilitating access for qualifying young persons to such activities;

g

enter into agreements or make arrangements with any person in connection with anything done or proposed to be done under any of paragraphs (a) to (f);

h

take any other action which the authority think appropriate.

6

For the purposes of subsection (5)—

a

the provision mentioned in paragraph (a) may include establishing, maintaining and managing places at which facilities for positive leisure-time activities are provided;

b

the assistance mentioned in paragraphs (b) and (e) may include the provision of financial assistance;

c

the arrangements mentioned in paragraphs (c) and (f) may include the provision of transport, of financial assistance or of information to any person.

7

Before taking any action for the purposes of subsection (1) (“the proposed action”), a local education authority must—

a

consider whether it is expedient for the proposed action to be taken by another person, and

b

where the authority consider that it is so expedient, take all reasonable steps to enter into an agreement or make arrangements with such a person for that purpose.

8

For the purposes of subsection (7)(a) a local education authority must consult such persons as the authority think appropriate as to whether it is expedient for the proposed action to be taken by another person.

9

In exercising their functions under this section a local education authority must—

a

take steps to ascertain the views of qualifying young persons in the authority’s area about—

i

positive leisure-time activities, and facilities for such activities, in the authority’s area;

ii

the need for any additional such activities and facilities; and

iii

access to such activities and facilities; and

b

secure that the views of qualifying young persons in the authority’s area are taken into account.

10

A local education authority in England must—

a

publicise information about positive leisure-time activities, and facilities for such activities, in the authority’s area, and

b

keep the information publicised under paragraph (a) up to date.

11

A local education authority may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority’s area).

12

In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.

13

In this section—

“recreation” includes physical training (and “recreational” is to be construed accordingly);

“sufficient”, in relation to activities or facilities, means sufficient having regard to quantity;

“well-being”, in relation to a person, means his well-being so far as relating to—

a

physical and mental health and emotional well-being;

b

protection from harm and neglect;

c

education, training and recreation;

d

the contribution made by him to society;

e

social and economic well-being.

2

Schedule 1 contains amendments related to the provision made by subsection (1).

Part 2Establishment, discontinuance or alteration of schools

8Proposals under section 7 relating to community or community special schools

1

A local education authority may by virtue of subsection (5)(b)(ii) of section 7 publish proposals under that section for the establishment of a community or community special school—

a

only if at a prescribed time prescribed conditions are met in relation to the authority, and

b

except where further prescribed conditions are also met in relation to the authority at that time, only with the consent of the Secretary of State.

2

The conditions prescribed for the purposes of subsection (1)(a) or (b) must include conditions relating to the standards achieved by the authority in performing the functions to which Chapter 4 of Part 8 (inspection and review of local authorities in England) applies.

3

The other conditions that may be prescribed for those purposes are conditions relating to either or both of the following—

a

the standards of performance achieved by any relevant school, and

b

the extent of diversity among relevant schools.

4

The matters to which the Secretary of State is to have regard in determining whether to give consent under subsection (1)(b) include prescribed matters.

5

The power by virtue of subsection (2) or (3)(a) to prescribe standards includes power to prescribe them by reference to the opinion of the Chief Inspector or by reference to any rating awarded by the Chief Inspector following an inspection or review under any enactment.

6

In this section—

“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

“maintained school” does not include a maintained nursery school;

“relevant school”, in relation to a local education authority, means a maintained school maintained by the authority or an Academy, city technology college or city college for the technology of the arts in the area of the authority.

9Consultation and publicity in relation to notice and proposals under section 7

1

Before publishing a notice under section 7, the local education authority must consult such persons as appear to the authority to be appropriate; and in discharging their duty under this subsection the authority must have regard to any guidance given from time to time by the Secretary of State.

2

Regulations may require the local education authority to take prescribed steps for the purpose of promoting public awareness of any proposals published by them under section 7.

be published in such manner,

as may be prescribed.

4

Before publishing any proposals under this section, the local education authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.

5

Where any proposals are published under subsection (2), the proposers must submit the proposals in accordance with regulations to the local education authority who it is proposed should maintain the school.

6

Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

11Publication of proposals to establish maintained schools: special cases

1

Where a local education authority in England propose to establish—

a

a new maintained nursery school, or

b

a new foundation or foundation special school providing education suitable only to the requirements of persons above compulsory school age,

the authority must publish their proposals under this section.

2

Where any persons (“proposers”) propose to establish a new foundation, voluntary or foundation special school in England which—

a

is to provide education suitable only to the requirements of persons above compulsory school age,

b

is to replace an independent school that is not an Academy, a city technology college or a city college for the technology of the arts, or

c

b

be published in such manner,

as may be prescribed.

6

Before publishing any proposals under this section, the authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.

7

8

Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

9

In this section “non-maintained special school” means a school which is approved by the Secretary of State under section 342 of EA 1996.

12Establishment of school as federated school

1

Proposals under—

a

section 7, 10 or 11, or

b

section 113A of the Learning and Skills Act 2000 (c. 21),

for the establishment of a new school in England may relate to the establishment of the school as a federated school.

2

In this section “federated school” has the meaning given by section 24(2) of EA 2002.

13Schools established outside area of relevant LEA

Regulations may modify the provisions of sections 7 to 12 and Schedule 2 in their application to cases where—

a

in the case of proposals published under section 7, the school is proposed to be established in an area in England other than that of the local education authority who published the notice under that section, or

b

in the case of proposals published under section 10 or 11, the school is proposed to be established in an area in England other than that of the local education authority who it is proposed should maintain the school.

14LEA in England not to establish school in Wales

No proposals may be published under this Part or any other enactment for the establishment of a school in Wales which is proposed to be maintained by a local education authority in England.

Discontinuance of schools

b

the availability, and likely cost to the local education authority, of transport to other schools,

c

any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and

d

any alternatives to the discontinuance of the school;

and in considering these matters the relevant body must have regard to any guidance given from time to time by the Secretary of State.

5

Where any proposals are published under subsection (2), the persons making the proposals must submit the proposals in accordance with regulations to the local education authority.

6

Schedule 2 has effect in relation to the consideration, approval and implementation of proposals published under this section.

7

In this section—

a

“the relevant body” means the local education authority mentioned in subsection (1) or the governing body mentioned in subsection (2) (as the case may be);

b

“rural primary school” means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.

8

In this Part any reference to a local education authority—

a

discontinuing a school, or

b

implementing proposals to discontinue a school (whether published by the authority or the governing body),

is a reference to the authority ceasing to maintain the school.

16Consultation in relation to proposals under section 15

1

Before publishing any proposals under section 15 which relate to a school which is a rural primary school or a community or foundation special school, the relevant body must consult—

a

the registered parents of registered pupils at the school,

b

in the case of the rural primary school—

i

the local education authority (where they are not the relevant body),

ii

where the local education authority are a county council, any district council for the area in which the school is situated, and

iii

any parish council for the area in which the school is situated,

c

in the case of a community or foundation special school, any local education authority which maintain a statement under section 324 of EA 1996 (statement of special educational needs) in respect of a registered pupil at the school, and

d

such other persons as appear to the relevant body to be appropriate.

2

Before publishing any other proposals under section 15, the relevant body must consult such persons as appear to them to be appropriate.

3

In discharging their duty under subsection (1) or (2) the relevant body must have regard to any guidance given from time to time by the Secretary of State.

4

In this section “the relevant body” and “rural primary school” have the same meaning as in section 15.

17Direction requiring discontinuance of community or foundation special school

e

any change of category from mainstream school to community or foundation special school or from community or foundation special school to mainstream school;

f

any change from maintained nursery school to any other kind of maintained school, or from any other kind of maintained school to maintained nursery school.

5

In subsection (4)(e) “mainstream school” means community, foundation or voluntary school.

19Publication of proposals for alteration of school

1

Where—

a

the local education authority propose to make a prescribed alteration to a maintained school, and

b

the prescribed alteration is one that under subsection (2) is capable of being proposed by a local education authority,

the authority must publish their proposals under this section.

2

A prescribed alteration is capable of being proposed by a local education authority if—

a

in the case of a community school, a community special school or a maintained nursery school, it is an alteration designated by regulations under this subsection as one capable of being proposed by the local education authority,

b

in the case of a foundation or voluntary school, it consists of any one or more of the following—

i

an enlargement of the premises,

ii

an increase in the number of pupils in any relevant age group,

iii

the establishment or discontinuance of educational provision for pupils with special educational needs, and

iv

the establishment of educational provision suitable to the requirements of pupils over compulsory school age, and

c

in the case of a foundation special school, it consists of any one or more of the following—

i

an enlargement of the premises,

ii

an increase in the number of pupils for whom the school is organised to make provision, and

iii

a change in the type of special educational needs for which the school is organised to make provision.

3

Where—

a

the governing body of a maintained school propose to make a prescribed alteration to the school, and

b

in the case of a community school, a community special school or a maintained nursery school, the prescribed alteration is designated by regulations under this subsection as one capable of being proposed by the governing body,

the governing body must publish their proposals under this section.

4

If at any time the governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), they must publish proposals under this section for the school to become either a voluntary controlled school or a foundation school, as the governing body may determine.

5

This section has effect subject to section 20.

6

In this section—

“prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18;

“relevant age group” has the same meaning as in SSFA 1998.

20Restriction on power of governing body to publish foundation proposals

1

The governing body of a school specified in the first column of the Table below may not publish proposals under section 19 for a prescribed alteration of a kind specified in the second column, except with the consent of—

a

the trustees of the school, and

b

the person or persons by whom the foundation governors are appointed.

TABLE

School	Prescribed alteration
1. A foundation school which, immediately before the commencement date, was a foundation school having a foundation.	A relevant change in the instrument of government.
2. A voluntary school.	A change of category from voluntary controlled school or voluntary aided school to foundation school.
3. A foundation school which, having been a voluntary school immediately before the commencement date, changed category to foundation school on or after that date.	A relevant change in the instrument of government.

2

For the purposes of this section, a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.

3

In this section—

“the commencement date” means the day on which this Part comes into force, otherwise than merely for the purpose of enabling orders or regulations to be made;

“prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

21Proposals under section 19: procedure

1

Regulations may make provision about the publication and determination of proposals under section 19 (“proposals”).

2

The provision that may be made includes provision—

a

about the information to be included in, or provided in relation to, the proposals;

b

about consultation on the proposals;

c

about the manner in which proposals are to be published under section 19;

d

for the making of objections to or comments on the proposals;

e

requiring the proposals to be considered with related proposals published under section 19 or any other enactment;

f

for the consideration and determination of the proposals by a prescribed person (who may be the person who published the proposals);

g

for the referral of proposals to the adjudicator in prescribed cases for consideration and determination by him (instead of by a person prescribed by virtue of paragraph (f));

h

for the referral of proposals to the adjudicator, at the request of a prescribed person, after their initial determination by a person other than the adjudicator;

i

for the approval of proposals with or without modification;

j

for the making in prescribed cases of a conditional approval;

k

for the withdrawal of proposals;

l

as to the manner in which, and time within which, anything required or authorised by the regulations must be done.

3

The regulations may confer functions on the local education authority, on any other local education authority affected by the proposals, on the governing body of the school concerned and on the adjudicator.

4

Regulations made by virtue of subsection (2)(g) may enable the Secretary of State by direction to require proposals to be referred to the adjudicator.

5

In relation to any proposals for a school to cease to be an establishment which admits pupils of one sex only, regulations under this section may enable the local education authority or the adjudicator to make a transitional exemption order for the purposes of section 27 of the Sex Discrimination Act 1975 (c. 65) (exception for single-sex establishments turning co-educational), and to vary or revoke any order so made.

6

The regulations may require any person exercising functions under the regulations to have regard to any guidance given from time to time by the Secretary of State.

6

In this section “proposals” means proposals under section 19.

i

proposals for the establishment of the school were implemented under Schedule 2, or

ii

proposals for the acquisition of a foundation, for a relevant change in the instrument of government or for a change of category to foundation school or foundation special school were implemented under regulations under section 24, or

b

at any time within a prescribed period beginning with the date on which previous proposals published under this section in pursuance of a requirement under subsection (5) were rejected by the governing body in accordance with regulations under section 26.

7

In subsection (6)(a)(ii) “relevant change”, in relation to the instrument of government of a school, is to be read in accordance with section 22(2).

8

In this section “foundation” means a foundation established otherwise than under SSFA 1998.

26Proposals under section 25: procedure

1

Regulations may make provision about the publication and determination of proposals under section 25.

2

The provision that may be made includes provision—

a

about the information to be included in, or provided in relation to, the proposals;

b

about consultation on the proposals;

c

about the manner in which proposals are to be published under section 25;

d

for the making of objections to or comments on the proposals;

e

for the withdrawal of proposals in prescribed cases;

f

for the consideration of the proposals by the governing body;

g

enabling the governing body to approve or reject the proposals;

h

enabling the governing body to reject any proposals published in pursuance of a requirement under section 25(5) (“required proposals”) only by a decision made with the support of a prescribed proportion of the governors;

i

for the approval of required proposals given in the prescribed manner by a prescribed proportion of the governors to be treated as approval by the governing body;

j

for the approval of proposals either without modifications or in prescribed cases with modifications of a prescribed kind;

k

as to the manner in which, and time within which, anything authorised or required by the regulations must be done.

3

Regulations under this section may in prescribed cases—

a

require the governing body to ensure that matters relating to—

i

any transfer which may be required by virtue of subsection (2)(b) of section 27, or

ii

any payment which might be required by virtue of subsection (4) or (5) of that section,

are agreed or determined before the proposals are published, and

b

enable or require any such matter to be referred to the adjudicator for determination before the proposals are published.

4

Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

27Proposals under section 25: implementation

1

Regulations may make provision in connection with the implementation of proposals under section 25 which have been approved in accordance with regulations under section 26.

2

Regulations under this section may, in particular—

a

make provision for the revision or replacement of the school’s instrument of government and the reconstitution of its governing body;

b

make provision for the transfer of property, rights and liabilities;

c

make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.

3

Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i).

4

Where—

a

any land forming part of the school premises (“the excluded land”) is not transferred to the governing body, and

b

the governing body, a local education authority or a prescribed person has incurred capital expenditure in relation to the excluded land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the excluded land,

regulations under this section may authorise or require the foundation to pay any part of the value of the excluded land to the governing body, the local education authority or a prescribed person.

5

Where—

a

any land forming part of the school premises (“the transferred land”) is transferred to the governing body, and

b

the foundation has incurred capital expenditure in relation to the transferred land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the transferred land,

regulations under this section may authorise or require the governing body to pay any part of the value of the transferred land to the foundation.

6

Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

7

The implementation of proposals under section 25 is not to be taken as authorising any change in the religious character of the school or the loss of religious character.

8

In this section “foundation” means a foundation established otherwise than under SSFA 1998.

General

28Restriction on establishment, alteration or discontinuance of schools

1

Except in pursuance of proposals falling to be implemented under this Part or Schedule 7 or 7A to the Learning and Skills Act 2000 (c. 21)—

a

no maintained school may be established or discontinued;

b

no prescribed alteration may be made to a maintained school.

2

In subsection (1)(b) “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

3

Subsection (1) has effect subject to—

a

sections 17(5) and 68(4) (which relate to powers of the Secretary of State to require a maintained school to be discontinued), and

b

section 30(9) of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school).

4

Except in pursuance of proposals falling to be implemented under section 27, no alteration falling within section 25(4)(a) or (b) may be made to a foundation or foundation special school.

29Abolition of school organisation committees

Section 24 of, and Schedule 4 to, SSFA 1998 (which require local education authorities in England to establish a school organisation committee for their area) cease to have effect.

30Amendments relating to school organisation

Schedule 3 contains amendments relating to school organisation.

31Transitional provisions

1

The Secretary of State may by regulations make such transitional provision as he considers appropriate in connection with the commencement of this Part.

2

Regulations under this section may, in particular, make provision with respect to—

a

the determination or implementation of proposals made under the previous enactments,

b

references made to school organisation committees or adjudicators under the previous enactments.

3

This section does not limit the powers conferred by section 183.

4

In this section “the previous enactments” means—

a

sections 28, 28A, 29, 31 and 35 of, and Schedules 6 and 8 to, SSFA 1998 (establishment, alteration, discontinuance or change of category of schools) so far as applying to England, and

b

sections 66 and 67 of, and Schedules 10 and 11 to, EA 2005.

32Interpretation of Part 2

1

In this Part, except where the contrary intention appears—

“adjudicator” is to be read in accordance with section 25(3) of SSFA 1998;

“discontinue”, in relation to a maintained school, is to be read in accordance with section 15(8);

“foundation”, in relation to a foundation or voluntary school, has (subject to sections 25(8) and 27(8)) the meaning given by section 21(3) of SSFA 1998;

“local education authority”, in relation to a school maintained (or proposed to be maintained) by a local education authority, means that authority;

“maintain”, in relation to a maintained school, has the same meaning as in SSFA 1998;

“maintained school” means any of the following schools in England—

a community, foundation or voluntary school,

a community or foundation special school, or

a maintained nursery school;

“prescribed” means prescribed by regulations;

“regulations” means regulations made under this Part by the Secretary of State.

2

For the purposes of this Part, a foundation or voluntary school has a religious character if it is designated by order under section 69(3) of SSFA 1998 as a school having such a character.

Part 3Further provisions about maintained schools

Foundation, voluntary and foundation special schools

33Requirements as to foundations

1

After section 23 of SSFA 1998 insert—

23AFoundation and foundation special schools: requirements as to foundations

1

This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.

2

Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.

3

Condition B is that the school—

a

acquired its foundation, or

b

became a school whose instrument of government provides for the majority of governors to be foundation governors,

in pursuance of proposals falling to be implemented under regulations under section 24 of that Act.

4

Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 24 of that Act and has an instrument of government providing for the majority of governors to be foundation governors.

5

No institution may act as the foundation of a school to which this section applies unless—

a

it is a body corporate of a prescribed description,

b

it is a charity (whether by virtue of section 23(3) or otherwise), and

c

it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.

6

The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.

7

Where any members of the foundation are to be local authorities or persons appointed by local authorities, the proportion of voting rights exercisable by such members must not exceed 20 per cent. of the total voting rights exercisable by members.

8

Where any of the charity trustees in relation to the foundation are to be appointed by local authorities—

a

the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and

b

the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.

9

Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.

10

In this section and section 23B—

“charity” has the same meaning as in the Charities Act 1993;

“charity trustee”, in relation to a school to which this section applies, means any individual who is for the purposes of the Charities Act 1993 a charity trustee in relation to the school’s foundation;

“foundation” means a foundation established otherwise than under this Act;

“institution” has the same meaning as in the Charities Act 1993;

“purpose” includes object.

23BPowers of Secretary of State in relation to charity trustees of foundations

1

Regulations may make provision enabling the Secretary of State in prescribed cases by direction—

a

to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;

b

to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).

2

Regulations under subsection (1) may make provision as to the effect of a direction given by the Secretary of State under the regulations, and may in particular provide for any such direction to have the same effect as an order of the Charity Commission for England and Wales under section 18 of the Charities Act 1993 for the removal or appointment of a charity trustee.

3

Nothing in this section affects the powers of the Charity Commission for England and Wales under any enactment.

2

In relation to any time before the commencement of section 1A(1) of the Charities Act 1993 (c. 10) (which provides for the establishment of the Charity Commission for England and Wales as a body corporate), any reference in section 23B of SSFA 1998 (as inserted by subsection (1) of this section) to the Charity Commission for England and Wales is to be read as a reference to the Charity Commissioners for England and Wales.

34Parent councils for certain foundation or foundation special schools

After section 23 of EA 2002 insert—

23AParent councils

1

A school is for the purposes of this section a “qualifying school” if—

a

it is a foundation or foundation special school in England,

b

it has a foundation established otherwise than under the School Standards and Framework Act 1998, and

c

the instrument of government for the school provides that the majority of governors are to be foundation governors.

2

The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.

3

The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.

4

Regulations may make provision as to—

a

the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,

b

eligibility for election or appointment,

c

the duration of membership, and

d

meetings and proceedings of a parent council.

5

Regulations—

a

must require the majority of members of a parent council to be parent members, and

b

may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.

6

Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.

7

The governing body of a qualifying school must, in exercising their functions under this section with respect to the school’s parent council, have regard to any guidance given from time to time by the Secretary of State.

8

The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.

9

In this section “parent member”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.

35Funding of voluntary aided schools: meaning of “capital expenditure”

1

Part 2 of Schedule 3 to SSFA 1998 (funding of voluntary aided schools) is amended as follows.

2

In paragraph 3, as it applies in relation to England, omit sub-paragraph (3) (the definition of “capital expenditure” for the purposes of the Schedule).

3

After paragraph 9 insert—

Meaning of “capital expenditure”

9A

1

This paragraph applies for the purposes of this Schedule as it applies in relation to England.

2

Subject to sub-paragraphs (3) and (4), references in this Schedule to capital expenditure, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, are references to—

a

expenditure of the body or, as the case may be, the promoters which falls to be capitalised in accordance with proper accounting practices, or

b

expenditure which would fall to be so capitalised were it to be incurred by the body or, as the case may be, the promoters.

3

The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to—

a

any appropriate body, or any prescribed class or description of appropriate body;

b

any promoters, or any prescribed class or description of promoters.

4

The Secretary of State may by direction provide that, in the case of a particular voluntary aided school—

a

expenditure of a particular appropriate body which is expenditure of a particular class or description;

b

expenditure of particular promoters which is expenditure of a particular class or description,

is to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to that body, or as the case may be, those promoters.

5

Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.

6

In this paragraph an “appropriate body”, in the case of a voluntary aided school, means—

a

the governing body of the school, or

b

a relevant body in relation to the school (within the meaning of paragraph 5).

9B

1

For the purposes of paragraph 9A, “proper accounting practices”, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, means those accounting practices—

a

which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the appropriate body, or as the case may be, the promoters, or

b

which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local education authority.

2

In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

3

In this paragraph an “appropriate body”, in the case of a voluntary aided school, has the same meaning as in paragraph 9A.

36Disposals and changes of use of land

Schedule 4 contains amendments of—

a

Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary or foundation special schools and disposals on discontinuance), and

b

section 77 of that Act (control of disposals or changes of use of school playing fields in relation to England),

and amendments which are consequential to those amendments.

37Staff at foundation or voluntary schools with religious character

1

In section 58 of SSFA 1998 (appointment and dismissal of certain teachers at schools with a religious character), omit subsection (4) (which prevents the head teacher of a foundation or voluntary controlled school being a reserved teacher).

2

In section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character)—

a

in subsection (4), after “(whether foundation or voluntary controlled)” insert “in a case where the head teacher is not to be a reserved teacher”, and

b

in subsection (6), after “voluntary aided school” insert “in Wales”.

General duties of governing body

38General duties of governing body of maintained school

1

In section 21 of EA 2002 (general responsibility for conduct of school) after subsection (4) insert—

5

The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—

a

promote the well-being of pupils at the school, and

b

in the case of a school in England, promote community cohesion.

6

The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people’s plan.

7

In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.

8

In this section “well-being”—

a

in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and

b

in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.

9

In this section “relevant children and young people’s plan” means—

a

in relation to a school in England—

i

any plan published by the local education authority under section 17 of the Children Act 2004 (children and young people’s plans: England), or

ii

in a case where the local education authority are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section, and

b

in relation to a school in Wales—

i

any plan published by the local education authority under section 26 of the Children Act 2004 (children and young people’s plans: Wales), or

ii

in a case where the local education authority are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section.

2

In section 28 of that Act (limit on power to provide community facilities etc.), after subsection (4) insert—

4A

In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people’s plan.

4B

In subsection (4A) “relevant children and young people’s plan” has the meaning given by section 21(9).

4C

In exercising the power under section 27(1), the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils in circumstances where subsection (4)(a)(iii) does not apply.

School admissions

39General restriction on selection by ability

1

No admission arrangements for a community, foundation or voluntary school may make provision for selection by ability unless—

a

they make provision for one of the permitted forms of such selection mentioned in section 99(2) of SSFA 1998, or

b

the school is a grammar school.

2

For the purposes of subsection (1) a school’s admission arrangements make provision for selection by ability if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability.

3

In this section—

“ability” means either general ability or ability in any particular subject or subjects;

“admission arrangements” has the meaning given by section 88(2) of SSFA 1998;

“grammar school” has the meaning given by section 104(7) of SSFA 1998;

“relevant age group” has the meaning given by section 142(1) of SSFA 1998.

4

In section 99 of SSFA 1998—

a

omit subsection (1) (which is re-enacted as subsection (1) of this section), and

b

in subsection (2) after “are” insert “for the purposes of section 39(1) of the Education and Inspections Act 2006”.

40Code for school admissions

1

Section 84 of SSFA 1998 (code of practice) is amended in accordance with subsections (2) to (7).

2

In subsection (1)—

a

for “a code of practice containing such practical guidance” substitute “a code for school admissions containing such provision”, and

b

after paragraph (b) insert—

ba

admission forums,

3

In subsection (2), for the words from “include” to “other matters” substitute “impose requirements, and may include guidelines setting out aims, objectives and other matters,”.

4

In subsection (3), for “to have regard to” substitute “to act in accordance with”.

5

In subsection (5), omit “of practice” (in each place where it occurs).

6

In subsection (6), after the definitions of “admission arrangements” and “the admission authority” insert—

“admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;

7

In the heading, and in the italic cross-heading immediately before section 84, for “of practice” substitute “for school admissions”.

8

In section 85 of SSFA 1998 (making and approval of code of practice)—

a

in subsection (1) omit “of practice”, and

b

for the heading substitute “Making and approval of code for school admissions”.

9

In relation to a code for school admissions issued under section 84(1) of SSFA 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.

41Role of admission forums

1

Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) is amended as follows.

2

In section 85A (admission forums), in subsection (1)—

a

omit the “and” at the end of paragraph (a), and

b

at the end of paragraph (b) insert

, and

c

in the case of an admission forum for the area of a local education authority in England, exercising any other functions that may be imposed on the forum by or under this Chapter.

3

After subsection (1) of that section insert—

1A

An admission forum for the area of a local education authority in England may prepare and publish reports on such matters connected with the admission of pupils to maintained schools in that area as may be prescribed.

1B

For the purposes of the preparation of a report under subsection (1A), an admission forum may request any of the following bodies to provide the forum with any information held by them which falls within a prescribed description and is specified by the forum in its request—

a

the local education authority which established the forum;

b

any local education authority in England for an area which adjoins the area of the authority mentioned in paragraph (a);

c

the governing body of any maintained school in the area for which the forum is established.

1C

A body mentioned in any of paragraphs (a) to (c) of subsection (1B) must comply with a request made by an admission forum in pursuance of that subsection.

4

In subsection (3) of that section—

a

omit the “and” at the end of paragraph (b), and

b

after that paragraph insert—

ba

as to the preparation and publication of reports under subsection (1A), and

5

After subsection (3) of that section insert—

3A

Regulations under subsection (3)(c) may, in relation to England, modify any provision of this Chapter in its application to a joint admission forum.

6

After subsection (5) of that section insert—

5A

Regulations may make provision with respect to the expenses of an admission forum for the area of a local education authority in England.

5B

Except as provided by regulations under subsection (5A), the expenses of an admission forum for the area of a local education authority in England are to be defrayed by the local education authority by whom the forum was established.

7

In section 89 (procedure for determining admission arrangements) for subsection (10) substitute—

10

In this section, “the appropriate bodies”, in relation to an admission authority, means—

a

the bodies or persons whom they were required to consult under subsection (2), or would but for subsection (2A) have been required to consult, and

b

in the case of an admission authority for a maintained school in England, the admission forum for the area of the local education authority in which the school is situated.

8

In section 90 (reference of objections to adjudicator or Secretary of State)—

a

in subsection (1) for paragraph (b) substitute—

b

an appropriate body wishes to make an objection about those arrangements, and

b

after subsection (10) insert—

11

In this section, “appropriate body” means, in relation to the admission arrangements determined by an admission authority—

a

any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, and

b

in the case of admission arrangements determined by an admission authority for a maintained school in England, the admission forum for the area of the local education authority in which the school is situated.

42Support for parental preferences

In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—

1A

A local education authority in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1).

43Duty of governing body to implement decisions relating to admissions

1

In section 88 of SSFA 1998 (admission authorities and admission arrangements), after subsection (1) insert—

1A

Where the admission authority for a community or voluntary controlled school is the local education authority, it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.

1B

Subsection (1A) does not affect—

a

any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),

b

any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or

c

the application of section 101(2A) or section 109(2).

2

In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a local education authority and the governing body of a maintained school” substitute “the admission authority for a maintained school”.

3

In section 89C of SSFA 1998 (co-ordinated schemes for admission arrangements)—

a

in subsection (3) for “by virtue of this section” substitute “by virtue of section 89B”, and

b

after subsection (3) insert—

3A

Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the local education authority although they are not the admission authority, the governing body of the school must implement the decision.

4

In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal arrangements) in paragraph (b) for the words from the beginning to “the authority” substitute “in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority”.

44Prohibition on interviews

After section 88 of SSFA 1998 insert—

88AProhibition on interviews

1

No admission arrangements for a maintained school may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.

2

If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.

3

Where the admission arrangements for a maintained school make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant’s aptitude in accordance with the arrangements.

4

In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).

45Admission arrangements for schools with religious character: consultation and objections

In section 89 of SSFA 1998 (procedure for determining admission arrangements) in subsection (2)—

a

omit the “and” at the end of paragraph (c), and

b

after paragraph (d) insert

and

e

in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed.

46Restrictions on alteration of admission arrangements

1

In section 89 of SSFA 1998 (procedure for determining admission arrangements) after subsection (1) insert—

1ZA

This section has effect subject to sections 89D and 90A (restrictions on alteration of admission arrangements in England).

2

After section 89C of SSFA 1998 insert—

89DPower to restrict alteration of admission arrangements following establishment or expansion

1

Subsection (2) applies in relation to a maintained school in England where—

a

proposals for the establishment of, or the making of a prescribed alteration to, the school have been published under Part 2 of the Education and Inspections Act 2006 or under section 113A of, or Schedule 7 to, the Learning and Skills Act 2000,

b

in the case of proposals for the making of a prescribed alteration to the school, the proposals are for an increase in the number of pupils that may be admitted to the school or for an enlargement of the premises,

c

the proposals fall to be implemented (with or without modifications), and

d

prescribed conditions are satisfied.

2

Regulations may provide that, where this subsection applies in relation to a maintained school—

a

the admission arrangements for the initial period (as defined by subsection (7)) and each of a prescribed number of school years following that period are to be the arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified), and

b

those arrangements may not be varied by the admission authority for the school except—

i

to comply with any duty imposed on them by regulations under section 89(1A), or

ii

in accordance with regulations under subsection (5).

3

Regulations under subsection (2) may exclude or modify any provision of section 89 (other than section 89(1A)) in its application to cases to which the regulations apply.

4

Regulations under subsection (2) may provide that in cases to which the regulations apply the admission arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified) are to be treated for the purposes of section 86(5) to (5B) as having been determined by the admission authority under section 89.

5

Regulations may prescribe circumstances in which an admission authority may refer to the adjudicator proposals to vary admission arrangements in cases to which regulations under subsection (2) apply.

6

Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (5).

7

In this section—

“initial period” means—

a

in relation to a maintained school which is being established, the period beginning with the day on which the school opens and ending with the beginning of the first school term to begin after the following July;

b

in relation to a maintained school which is increasing the number of pupils that may be admitted to the school or enlarging its premises, the period beginning with the first day on which additional pupils may be admitted or (as the case may be) the enlarged premises are in use and ending with the beginning of the first school term to begin after the following July;

“prescribed alteration” means an alteration prescribed for the purposes of section 18 of the Education and Inspections Act 2006.

3

After section 90 of SSFA 1998 insert—

90ARestriction on alteration of admission arrangements following adjudicator’s decision

1

Where in accordance with section 90(8) the admission authority for a maintained school in England have revised any provisions of admission arrangements for a school year, this section applies except to the extent that the adjudicator or the Secretary of State determined under section 90(5B)(c), in relation to any change required, that this section was not to apply.

2

In this section—

“the protected provisions” in relation to any admission arrangements, means provisions corresponding to those revised in accordance with section 90(8) or regulations under subsection (6) (as so revised);

“the required number” means such number as may be prescribed or such lesser number as is specified by the adjudicator or the Secretary of State under section 90(5B)(c) in relation to a particular change.

3

The admission authority for the school—

a

must incorporate the protected provisions in determining the admission arrangements for each of the required number of school years following the school year in relation to which the revision in accordance with section 90(8) was made, and

b

may not vary those arrangements in such a way as to alter the protected provisions.

4

Subsection (3) does not apply to the extent that—

a

the admission authority are required to determine or vary their admission arrangements in a way which alters the protected provisions in order to comply with any duty imposed on them by regulations under section 89(1A), or

b

the arrangements may be determined or varied in a way which alters those provisions in accordance with regulations under subsection (6).

5

Regulations may exclude or modify any provision of section 89 (other than section 89(1A)) in its application to cases to which this section applies.

6

Regulations may prescribe circumstances in which an admission authority to whom subsection (3) applies may refer to the adjudicator proposals to determine or vary their admission arrangements in a way which alters the protected provisions.

7

Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (6).

47Objections to admission arrangements

1

Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of State) is amended as follows.

2

After subsection (5) insert—

5A

Where the adjudicator or the Secretary of State is required by virtue of subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an objection to admission arrangements, he may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not he would be required to do so for the purpose of determining the objection.

5B

In the case of any objection referred to him under this section, the adjudicator or the Secretary of State (as the case may be) must publish a report containing the following—

a

his decision on the objection,

b

any decision he has made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of his decision on the objection or otherwise,

c

if, in relation to a maintained school in England, he considers that any change required ought not to be protected under section 90A for the number of school years prescribed under section 90A(2), that section 90A is not to apply to that change or that the change will be protected only for such lesser number of school years as he may specify, and

d

his reasons for the decisions mentioned in paragraphs (a) to (c).

5C

Where the adjudicator or the Secretary of State (as the case may be) decides that it would be appropriate for changes to be made to the admission arrangements, his decision may specify the modifications that are to be made to the arrangements.

3

Subsections (6) and (7) are omitted.

4

For subsection (8) substitute—

8

The decisions of the adjudicator or the Secretary of State mentioned in subsection (5B)(a) and (b) shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection may be made under subsection (1) or (2); and, if the adjudicator or the Secretary of State has decided that it would be appropriate for changes to be made to the admission arrangements, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.

5

In subsection (9)—

a

after paragraph (b) insert—

ba

requiring an admission authority for a maintained school in England to provide information which—

i

falls within a prescribed description, and

ii

is requested by the adjudicator or the Secretary of State for the purposes of his functions under this section;

b

in paragraph (c) for “any matters required to be published under subsection (7) are” substitute “a report required to be published under subsection (5B) is”.

6

Omit subsection (10) (which has the effect of requiring certain cases to be referred by the adjudicator to the Secretary of State).

48Looked after children to whom section 87(2) of SSFA 1998 applies

1

In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—

2A

Subsection (2) does not apply in relation to a decision made by or on behalf of a local education authority in England to admit to a school a child who is looked after by a local authority in England (provision for references to the adjudicator in relation to such a decision being made by section 95A).

2

After that section insert—

95AReferences relating to looked after children to whom section 87(2) applies

1

This section applies where—

a

a local education authority in England are the admission authority for a community or voluntary controlled school, and

b

a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.

2

The local education authority must give notice of the decision to the governing body of the school.

3

The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.

4

A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

5

If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—

a

the decision to admit the child to the school shall cease to have effect, but

b

the adjudicator may determine that another maintained school in England is to be required to admit the child.

6

A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.

7

A determination under subsection (5)(b) may not be made if—

a

the child is permanently excluded from the other school, or

b

the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

8

If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—

a

the admission authority for the school shall admit the child to the school, and

b

if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator’s decision.

9

Regulations may make provision—

a

requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;

b

requiring an admission authority for a maintained school to provide information which—

i

falls within a prescribed description, and

ii

is requested by the adjudicator for the purposes of any such determination.

49Procedure for giving directions under section 96 of SSFA 1998

In section 97 of SSFA 1998 (procedure for giving directions under section 96)—

a

in subsection (2)(b)—

i

for “the Secretary of State” (in both places where it occurs) substitute “the appropriate authority”, and

ii

for “his determination” substitute “its determination”,

b

in subsection (3), for “the Secretary of State” substitute “the appropriate authority”,

c

in subsection (4)—

i

for “the Secretary of State” substitute “the appropriate authority”,

ii

for “if he does so” substitute “if it does so”, and

iii

in paragraph (a)(ii) for “the Secretary of State’s” substitute “the appropriate authority’s”,

d

in subsection (5) for “The Secretary of State” substitute “The appropriate authority”, and

e

after subsection (6) insert—

6A

In this section, “the appropriate authority” means—

a

in relation to a local education authority in England, the adjudicator, and

b

in relation to a local education authority in Wales, the Assembly.

50Direction to admit looked after child to specified school

1

After section 97 of SSFA 1998 insert—

97ADirection to admit looked after child to specified school

1

A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.

2

A direction under this section shall not specify a school from which the child is permanently excluded.

3

Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.

4

Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

97BProcedure for giving direction under section 97A

1

Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.

2

The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.

3

Where the local authority decide to give a direction under section 97A specifying a school—

a

they shall, before doing so, serve a notice in writing of their decision on—

i

the admission authority for the school,

ii

if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school,

iii

if the school is maintained by a local education authority who are not the authority proposing to give the direction and are not the admission authority, the local education authority who maintain the school, and

iv

the head teacher of the school, and

b

they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference.

4

The following persons—

a

the admission authority on whom a notice is served under subsection (3)(a)(i), and

b

in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii),

may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.

5

A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

6

If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—

a

the local authority may not give a direction under section 97A that the school admit the child, but

b

the adjudicator may determine that another school in England is to be required to admit the child.

7

A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child.

8

A determination under subsection (6)(b) may not be made if—

a

the child is permanently excluded from the other school, or

b

the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

9

If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then—

a

if the local authority referred to in subsection (1) are the admission authority for that school they shall—

i

admit the child to the school, and

ii

give notice in writing to the governing body and head teacher of the school of the adjudicator’s decision, and

b

in any other case, the local authority shall specify that school in their direction under section 97A.

10

A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.

2

In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—

7

In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.

3

In section 89 of SSFA 1998, in subsection (1A) omit the words “(within the meaning of section 22 of the Children Act 1989)”.

4

In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter 1 of Part 3 but not in sections 96 and 97)” insert—

child looked after by a local authority (in Chapter 1 of Part 3)

section 84(7).

51Directions to admit child to specified school: supplementary provisions

1

In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “or 97A”.

2

In section 96 of SSFA 1998 (direction to admit child to specified school)—

a

in subsection (3) for “the Secretary of State” substitute “the appropriate authority (within the meaning of section 97)”, and

b

in subsection (8) for “section 97” substitute “sections 97 to 97C”.

3

After section 97B of SSFA 1998 (inserted by section 50) insert—

97CDeterminations under section 97 or 97B: supplemental

Regulations may make provision in relation to England—

a

requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B;

b

requiring an admission authority for a school to provide information which—

i

falls within a prescribed description, and

ii

is requested by the adjudicator for the purposes of any such determination.

52Power of Assembly to make regulations about looked after children

1

After section 97C of SSFA 1998 (inserted by section 51) insert—

Looked after children in Wales

97DPower of Assembly to make regulations about admission of looked after children

1

The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales.

2

Regulations under subsection (1) may include provision requiring the admission authorities for such schools—

a

to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;

b

to admit looked after children in prescribed circumstances, subject to prescribed exceptions.

3

Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—

a

shall not apply in relation to looked after children;

b

shall apply in relation to such children with prescribed modifications.

2

In section 89 of that Act, in subsection (1A)—

a

after “maintained schools” insert “in England”, and

b

after “a local authority” insert “in England”.

53Schools with pre-1998 arrangements for selection by ability or aptitude

1

Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.

2

In subsection (1) for the words from “so long as” to the end of the subsection substitute

so long as—

a

the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and

b

there is no significant change in the basis of selection.

3

After subsection (1) insert—

1A

In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school’s admission arrangements at any time since the beginning of the 1997-1998 school year.

54Pupil banding

1

In section 101 of SSFA 1998 (permitted selection: pupil banding)—

a

in subsection (1)—

i

for “subsections (2) to (4)” substitute “subsections (2) and (2A)”, and

ii

after “a maintained school” insert “in England or Wales”,

b

after subsection (1) insert—

1A

Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—

a

that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—

i

children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the local education authority,

ii

children in that age group who live in the area of the local education authority, or

iii

children in that age group who live in England, and

b

that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.

c

in subsection (2) for “Subsection (1)” substitute “Subsection (1) or (1A)”,

d

after subsection (2) insert—

2A

If the admission authority for a maintained school in England is the local education authority, the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.

e

in subsection (3), after “maintained school” insert “in Wales”,

f

in subsection (4), for the words from the beginning to “any school” substitute “In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised”, and

g

in subsection (5), for “subsection (1)” substitute “subsection (1) or (1A)”.

2

In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “section 101(1) or (1A)”.

3

In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—

a

in subsection (2) for “constitutes a prescribed alteration for the purposes of section 28” substitute

constitutes—

a

in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and

b

in relation to Wales, a prescribed alteration for the purposes of section 28

b

in subsection (3) —

i

for “section 101(1)” substitute “section 101(1) or (1A)”, and

ii

for “the objectives mentioned in section 101(1)(a) and (b)” substitute “the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b)”.

Miscellaneous

55Right of sixth-form pupils to be excused from attendance at religious worship

1

Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.

2

For subsection (1) substitute—

1

If the parent of a pupil at a community, foundation or voluntary school requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school’s basic curriculum, the pupil shall be so excused until the request is withdrawn.

1A

If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn.

1B

If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused.

3

In subsection (2), for “subsection (1)” substitute “subsections (1) to (1B)”.

4

In subsection (3), after “subsection (1)” insert “or (1A)”.

5

In subsection (5), after “voluntary school” insert “and is not a sixth-form pupil”.

6

After subsection (5) insert—

5A

Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted—

a

to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or

b

to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs,

the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.

7

In subsection (6), after “subsection (5)” insert “or (5A)”.

8

For subsection (7) substitute—

7

Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school—

a

receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and

b

attends religious worship unless withdrawn from attendance at such worship—

i

in the case of a sixth-form pupil, in accordance with his own wishes, and

ii

in any other case, in accordance with the wishes of his parent.

9

After subsection (7) insert—

8

In this section “sixth-form pupil” means any pupil who—

a

has ceased to be of compulsory school age, and

b

is receiving education suitable to the requirements of pupils over compulsory school age.

56Charges for music tuition

1

In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—

3

Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.

2

In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after “tuition in” insert “singing or in”.

57School funding

Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing of maintained schools).

58Removal of requirement to issue code of practice as to relationships between LEAs and maintained schools in England etc

1

Section 127 of SSFA 1998 (code of practice for securing effective relationships between LEAs and maintained schools) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “Assembly”,

b

for “he” substitute “it”,

c

after “local education authorities” insert “in Wales”, and

d

for paragraph (b) substitute—

b

in relation to the discharge of such functions as the Assembly may determine for the purposes of this paragraph which are functions exercisable by or on behalf of such authorities in relation to such schools.

3

In subsection (2), after “maintained nursery school” insert “in Wales”.

4

For subsection (3) substitute—

3

Subsections (1) and (2) of section 85 shall apply in relation to the code as they apply in relation to a code under section 84 relating to Wales.

5

In subsection (4), for “Secretary of State” substitute “Assembly”.

6

Omit subsections (5) and (6).

7

In the heading, and in the italic heading immediately above it, after “maintained schools” insert “in Wales”.

Part 4Schools causing concern: England

Introduction

59Meaning of “maintained school” and “eligible for intervention”

1

In this Part “maintained school” means any of the following schools in England—

a

a community, foundation or voluntary school,

b

a community or foundation special school, or

c

a maintained nursery school.

2

In this Part, references to a school being “eligible for intervention” are to be read in accordance with—

section 60 (warning notice by local education authority),

section 61 (school requiring significant improvement), and

A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.

64Power of LEA etc. to appoint additional governors

1

If at any time a maintained school is eligible for intervention, then (subject to subsection (2)) the local education authority may appoint such number of additional governors as they think fit.

2

3

In relation to any appointment made by the local education authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the local education authority to appoint such number of additional governors as they think fit.

4

If at any time—

a

a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to formal warning), and

b

the local education authority have exercised their power to appoint additional governors under subsection (1),

the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.

5

Any additional foundation governors appointed under subsection (4)—

a

shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and

b

shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.

6

If at any time—

a

a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),

b

the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),

c

the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and

d

the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,

the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.

7

In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (4) or (6) (as the case may be).

8

Subject to subsection (9), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—

a

to the appropriate diocesan authority, if it is a Church of England school or a Roman Catholic Church school; or

b

in any other case, to the person or persons by whom the foundation governors are appointed.

9

Where, in the case of any voluntary aided school not falling within subsection (8)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—

a

to all those persons who have any such power acting jointly, or

b

if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.

65Power of LEA to provide for governing body to consist of interim executive members

1

If at any time a maintained school is eligible for intervention, the local education authority may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

2

Before exercising the power conferred by subsection (1), the local education authority must consult—

a

the governing body of the school,

b

in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

c

in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

66Power of LEA to suspend right to delegated budget

1

If at any time—

a

a maintained school is eligible for intervention, and

b

the school has a delegated budget within the meaning of Part 2 of SSFA 1998,

then (subject to subsection (2)) the local education authority may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body’s right to a delegated budget with effect from the receipt of the notice by the governing body.

2

3

A copy of a notice given under subsection (1) must be given to the head teacher of the school at the same time as the notice is given to the governing body.

4

A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.

Intervention by Secretary of State

67Power of Secretary of State to appoint additional governors

1

If at any time a maintained school is eligible for intervention by virtue of—

a

section 61 (school requiring significant improvement), or

b

section 62 (school requiring special measures),

the Secretary of State may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.

2

Before making any such appointment, the Secretary of State must consult—

a

the local education authority,

b

the governing body of the school,

c

in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

d

in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

3

A governor appointed under this section—

a

shall hold office as governor for such term, and

b

if nominated as chairman of the governing body, shall be chairman of that body for such period,

as the Secretary of State may determine.

4

The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.

5

In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.

6

Where the Secretary of State has exercised his power under this section in relation to a school, then—

a

in any such case—

i

the local education authority may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body’s right to a delegated budget, and

ii

if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and

b

in the case of a voluntary aided school, nothing in regulations under section 19 of EA 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.

7

The revocation of a suspension under subsection (6)(a)—

a

must be notified to the local education authority in writing, and

b

takes effect from such date as is specified in that notification.

68Power of Secretary of State to direct closure of school

1

If at any time a maintained school is eligible for intervention by virtue of section 62 (school requiring special measures), the Secretary of State may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.

2

Before giving a direction under subsection (1), the Secretary of State must consult—

a

the local education authority and the governing body of the school,

b

in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,

c

in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,

d

in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England, and

e

such other persons as the Secretary of State considers appropriate.

3

On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

4

Where the local education authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.

5

In this section any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.

69Power of Secretary of State to provide for governing body to consist of interim executive members

1

If at any time a maintained school is eligible for intervention by virtue of—

a

section 61 (school requiring significant improvement), or

b

section 62 (school requiring special measures),

the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

2

Before exercising the power conferred by subsection (1), the Secretary of State must consult—

a

the local education authority,

b

the governing body of the school,

c

in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

d

in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

3

The Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the local education authority have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.

Governing bodies consisting of interim executive members: further provisions

70Governing bodies consisting of interim executive members

Schedule 6 has effect in relation to any school in respect of which a notice has been given—

a

under section 65(1) by the local education authority, or

b

under section 69(1) by the Secretary of State.

Amendments relating to schools causing concern

71Amendments relating to schools causing concern

Schedule 7 contains amendments related to the provisions of this Part.

Supplementary

72Duty of LEA to have regard to guidance

A local education authority must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.

73Interpretation of Part 4

In this Part—

“appropriate diocesan authority” has the same meaning as in SSFA 1998;

“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

“Church of England school” and “Roman Catholic Church school” have the same meaning as in SSFA 1998;

“eligible for intervention”, in relation to a maintained school, has the meaning given by section 59(2);

“maintained school” has the meaning given by section 59(1).

Part 5Curriculum and entitlements

74Curriculum requirements for the fourth key stage

1

For section 85 of EA 2002 (curriculum requirements for fourth key stage) substitute—

85Curriculum requirements for the fourth key stage

1

For the fourth key stage, the National Curriculum for England shall comprise—

a

the core and other foundation subjects,

b

work-related learning, and

c

in relation to any pupil, such other courses of study as are necessary to satisfy the entitlements conferred on him by subsection (5) and section 85A.

2

The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

3

The following are the core subjects for the fourth key stage—

a

mathematics,

b

English, and

c

science.

4

The following are the other foundation subjects for the fourth key stage—

a

information and communication technology,

b

physical education, and

c

citizenship.

5

A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

a

approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

b

specified by the Secretary of State by order for the purposes of this subsection.

6

In the exercise of their functions under this Part so far as those functions relate by virtue of this section to work-related learning a local education authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Qualifications and Curriculum Authority.

7

In this section “work-related learning” means planned activity designed to use the context of work to develop knowledge, skills and understanding useful in work, including learning through the experience of work, learning about work and working practices and learning the skills for work.

85AEntitlement areas for the fourth key stage

1

A pupil in the fourth key stage is also entitled to do either of the following (as he may elect)—

a

to follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as he may choose, or

b

to follow a course of study within an entitlement area specified by the Secretary of State by order for the purposes of this paragraph.

2

The entitlement areas referred to in subsection (1)(a) are—

a

arts, comprising—

i

art and design,

ii

music,

iii

dance,

iv

drama, and

v

media arts,

b

design and technology (comprising only that subject),

c

humanities, comprising—

i

geography, and

ii

history, and

d

modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

3

An order under subsection (2)(d) may—

a

specify circumstances in which a language is not to be treated as falling within subsection (2)(d), and

b

provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

4

The entitlement conferred on a pupil by this section is to be taken to be satisfied—

a

where he elects as mentioned in paragraph (a) of subsection (1), if a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to him by or on behalf of the school at which he is a registered pupil, or

b

where he elects as mentioned in paragraph (b) of subsection (1), if a course of study within one of the entitlement areas specified by order under that paragraph is made available to him by or on behalf of the school at which he is a registered pupil.

5

In the exercise of their functions by virtue of this Part in relation to courses of study falling within subsection (1)(a) or (b), a local education authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State or the Qualifications and Curriculum Authority.

6

In this section “course of study” means—

a

in relation to a subject within an entitlement area specified in subsection (2), a course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;

b

in relation to an entitlement area specified by order under subsection (1)(b), a course of education or training which leads to such qualification as the governing body may choose from among those specified by the Secretary of State by order for the purposes of this paragraph.

2

In section 86 of EA 2002 (power to alter or remove requirements for fourth key stage)—

a

in paragraph (a), for “section 85,” substitute “sections 85 and 85A,”,

b

in paragraph (b), for “that section is” substitute “those sections are”, and

c

renumber the section as so amended as subsection (1) of the section and at the end insert—

2

An order under this section may make such amendments of this Act as appear to the Secretary of State to be necessary or expedient in connection with the provision made by virtue of subsection (1).

3

Renumber section 88 of EA 2002 (implementation of the National Curriculum for England in schools) as subsection (1) of that section and at the end insert—

2

In relation to any maintained school and any school year, the local education authority, the governing body and the head teacher shall, in addition to their duties by virtue of subsection (1), exercise their functions with a view to securing that courses of study within all of the entitlement areas specified by the Secretary of State by order for the purposes of section 85A(1)(b) (“the specified entitlement areas”) are made available by or on behalf of the school, unless the local education authority determine that the making available of a course of study within a particular specified entitlement area would involve disproportionate expenditure.

3

Nothing in subsection (2) entitles a pupil who elects as mentioned in section 85A(1)(b) to follow a course of study within a particular specified entitlement area or to follow more than one course of study within different specified entitlement areas (provision as to the entitlement of individual pupils being made by section 85A(4)(b)).

4

For the purposes of discharging their functions by virtue of this Part in relation to courses of study within the specified entitlement areas, the governing body of a maintained school shall, in particular, consider whether it would be appropriate to make any collaboration arrangements.

5

In subsection (4) “collaboration arrangements” means—

a

arrangements made, in pursuance of regulations under section 26(a), with the governing body of one or more other maintained schools, and

b

arrangements made, in pursuance of regulations under section 166(1)(a) of the Education and Inspections Act 2006, with one or more further education bodies (within the meaning of that section).

6

For the purposes of discharging their functions by virtue of this Part in relation to courses of study within the specified entitlement areas, a local education authority may make arrangements with an institution within the further education sector under which a course of study within a specified entitlement area is made available to pupils of a school at the institution within the further education sector.

7

The Learning and Skills Council for England must co-operate with a local education authority who propose to make arrangements in pursuance of subsection (6).

4

Until the commencement of subsection (1), section 85 of EA 2002 has effect with the following modifications—

a

in subsection (1) after “other foundation subjects” insert “, the entitlement conferred by subsection (3A)”, and

b

after subsection (3) insert—

3A

A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

a

approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

b

specified by the Secretary of State by order for the purposes of this subsection.

5

Any order made (by virtue of subsection (4) of this section) under section 85(3A) of EA 2002 before the commencement of subsection (1) of this section is to have effect from that commencement as if made under subsection (5) of section 85 (as substituted by subsection (1)).

75Education and training to satisfy entitlements

1

After section 3 of the Learning and Skills Act 2000 (c. 21) insert—

3AEntitlement to education and training for persons aged 16 to 19

1

A person who is above compulsory school age but has not attained the age of 19 may elect for either or both of the following entitlements—

a

the core entitlement described in section 3B, and

b

the additional entitlement described in section 3C.

2

In this section and in sections 3B to 3D, “course of study” means a course of education or training leading to a qualification specified by the Secretary of State by order for the purposes of this subsection.

3BThe core entitlement

1

In relation to a person falling within section 3A(1), the core entitlement is an entitlement to follow a course of study in such one or more of the following subjects as he may choose (“the core subjects ”)—

a

mathematics,

b

English, and

c

information and communication technology.

2

The core entitlement is satisfied where a course of study in such of the core subjects as the person has chosen is made available to him at a school or institution.

3

A person’s entitlement to follow a course of study within a core subject ceases if he does not begin the course of study made available to him before he attains the age of 19.

3CThe additional entitlement

1

In relation to a person falling within section 3A(1), the additional entitlement is an entitlement to follow a course of study within an entitlement area specified by the Secretary of State by order for the purposes of this subsection.

2

The additional entitlement is satisfied where a course of study within one of the entitlement areas specified by order for the purposes of subsection (1) is made available to the person at a school or institution.

3

A person’s additional entitlement ceases if he does not begin the course of study made available to him before he attains the age of 19.

3DThe core and additional entitlement: duties of the Council

1

The Council must exercise its functions under sections 2 and 3 in such a way as to secure that the entitlements conferred by section 3A(1) are satisfied.

2

The Council must also exercise those functions with a view to securing that courses of study within all of the entitlement areas specified by the Secretary of State by order for the purposes of section 3C(1) (“the entitlement areas”) are made available in each local learning and skills area, unless the Council determines that the making available of a course of study within a particular entitlement area in a particular local learning and skills area would involve disproportionate expenditure.

3

Nothing in subsection (2) entitles a person falling within section 3A(1) to follow a course of study within a particular entitlement area or in a particular local learning and skills area, or to follow more than one course of study within different entitlement areas (provision as to the entitlement of such a person being made by section 3C).

4

In the exercise of its functions by virtue of this section, the Council must have regard to any guidance given from time to time by the Secretary of State.

5

This section does not affect the generality of the duties imposed by sections 2 and 3.

6

In this section, “local learning and skills area” means an area specified by the Secretary of State for the purposes of section 19(1).

2

In section 13 of that Act (persons with learning disabilities), in subsection (1) after “3,” insert “3D,”.

Part 6School travel and school food

Travel to schools etc

76LEAs in England: duty to promote sustainable modes of travel etc

After section 508 of EA 1996 insert—

508ALEAs in England: duty to promote sustainable modes of travel etc

1

A local education authority in England must—

a

prepare for each academic year a document containing their strategy to promote the use of sustainable modes of travel to meet the school travel needs of their area (“a sustainable modes of travel strategy”),

b

publish the strategy in such manner and by such time as may be prescribed, and

c

promote the use of sustainable modes of travel to meet the school travel needs of their area.

2

Before preparing a sustainable modes of travel strategy, an authority must in particular—

a

assess the school travel needs of their area, and

b

assess the facilities and services for sustainable modes of travel to, from and within their area.

3

“Sustainable modes of travel” are modes of travel which the authority consider may improve either or both of the following—

a

the physical well-being of those who use them;

b

the environmental well-being of the whole or a part of their area.

4

The “school travel needs” of a local education authority’s area are—

a

the needs of children and persons of sixth form age in the authority’s area as regards travel mentioned in subsection (5), and

b

the needs of other children and persons of sixth form age as regards travel mentioned in subsection (6).

5

The needs of children and persons of sixth form age in the authority’s area as regards travel referred to in subsection (4)(a) are their needs as regards travel to and from—

a

schools at which they receive or are to receive education or training,

b

institutions within the further education sector at which they receive or are to receive education or training, or

c

any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1).

6

The needs of other children and persons of sixth form age as regards travel referred to in subsection (4)(b) are their needs as regards travel to and from—

a

schools at which they receive or are to receive education or training,

b

institutions within the further education sector at which they receive or are to receive education or training, or

c

any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1),

in so far as that travel relates to travel within the authority’s area.

7

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local education authority of their duties under this section.

8

Before issuing or revising guidance under subsection (7), the Secretary of State must consult such persons as he considers appropriate.

9

In discharging their duties under this section an authority must—

a

consult such persons as they consider appropriate, and

b

have regard to any guidance given from time to time by the Secretary of State under subsection (7).

10

References in this section to persons of sixth form age are to be construed in accordance with subsection (1) of section 509AC.

11

In this section, “academic year” has the same meaning as in section 509AC in the case of local education authorities in England.

77LEAs in England: provision of travel arrangements etc for children

1

After section 508A of EA 1996 (inserted by section 76 above) insert—

508BLEAs in England: travel arrangements for eligible children

1

A local education authority in England must make, in the case of an eligible child in the authority’s area to whom subsection (2) applies, such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child’s attendance at the relevant educational establishment in relation to him, are made and provided free of charge in relation to the child.

2

This subsection applies to an eligible child if—

a

no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided free of charge in relation to him by any person who is not the authority, or

b

such travel arrangements are provided free of charge in relation to him by any person who is not the authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.

3

“Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child’s home and the relevant educational establishment in question in relation to that child.

4

“Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—

a

arrangements for the provision of transport, and

b

any of the following arrangements only if they are made with the consent of a parent of the child—

i

arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child;

ii

arrangements for the payment of the whole or any part of a person’s reasonable travelling expenses;

iii

arrangements for the payment of allowances in respect of the use of particular modes of travel.

5

“Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily.

6

“Travel arrangements”, in relation to an eligible child, do not comprise or include travel arrangements which give rise to additional costs and do not include appropriate protection against those costs.

7

For the purposes of subsection (6)—

a

travel arrangements give rise to additional costs only if they give rise to any need to incur expenditure in order for the child to take advantage of anything provided for him in pursuance of the arrangements, and

b

travel arrangements include appropriate protection against those costs only if they include provision for any expenditure that needs to be incurred for the purpose mentioned in paragraph (a) in the case of the child to be met by the person by whom the arrangements are made.

8

Travel arrangements are provided free of charge if there is no charge for anything provided in pursuance of the arrangements.

9

Schedule 35B has effect for the purposes of defining “eligible child” for the purposes of this section.

10

References to a “relevant educational establishment”, in relation to an eligible child, are references to—

a

in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school (within the meaning of that Schedule) at which the child is a registered pupil referred to in the paragraph in question, and

b

in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.

11

Regulations may modify subsections (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.

508CLEAs in England: travel arrangements etc for other children

1

A local education authority in England may make such school travel arrangements as they consider necessary, in relation to any child in the authority’s area to whom this section applies, for the purpose of facilitating the child’s attendance at any relevant educational establishment in relation to the child.

2

This section applies to a child who is not an eligible child for the purposes of section 508B.

3

“School travel arrangements”, in relation to such a child, are travel arrangements relating to travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

4

“Travel arrangements”, in relation to such a child, are travel arrangements of any description and include—

a

arrangements for the provision of transport, and

b

any of the following arrangements only if they are made with the consent of a parent of the child—

i

arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from any relevant educational establishment in relation to the child;

ii

arrangements for the payment of the whole or any part of a person’s reasonable travelling expenses;

iii

arrangements for the payment of allowances in respect of the use of particular modes of travel.

5

A local education authority in England may pay, in the case of a child in the authority’s area to whom this section applies and in relation to whom no arrangements are made by the authority under subsection (1), the whole or any part, as they think fit, of a person’s reasonable travelling expenses in relation to that child’s travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

6

References to a “relevant educational establishment”, in relation to a child to whom this section applies, are references to—

a

any school at which he is a registered pupil,

b

any institution within the further education sector at which he is receiving education, or

c

any place other than a school where he is receiving education by virtue of arrangements made in pursuance of section 19(1).

508DGuidance etc in relation to sections 508B and 508C

1

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local education authority of their functions under sections 508B and 508C.

2

Before issuing or revising guidance under subsection (1), the Secretary of State must consult such persons as he considers appropriate.

3

In discharging their functions under sections 508B and 508C an authority must have regard to any guidance given from time to time by the Secretary of State under subsection (1).

4

Regulations may require a local education authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the discharge of their functions under section 508B or 508C.

2

Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.

78LEAs in England: school travel schemes

1

After section 508D of EA 1996 (inserted by section 77 above) insert—

508ELEAs in England: school travel schemes

1

Schedule 35C has effect in relation to school travel schemes.

2

Where a school travel scheme is in force under Schedule 35C, the local education authority in England by which the scheme is made must give effect to the scheme by—

a

making the arrangements which are set out in the scheme as described in paragraph 2(1) of that Schedule as arrangements to be made by the authority,

b

complying with the requirement of the scheme described in paragraph 2(5) of that Schedule (requirement to make suitable alternative arrangements),

c

complying with the requirement of the scheme described in paragraph 3 of that Schedule (travel arrangements for eligible children), and

d

complying with the scheme’s policy applicable to charging and any other requirements of the scheme.

3

Where a school travel scheme is in force under Schedule 35C, the local education authority in England by which the scheme is made do not have any functions under section 508B or 508C in relation to children in their area.

4

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local education authority in England of any duty under subsection (2) or of any functions under Schedule 35C.

5

Before issuing or revising guidance under subsection (4), the Secretary of State must consult such persons as he considers appropriate.

6

In discharging any duty under subsection (2) and in exercising any functions under Schedule 35C, a local education authority in England must have regard to any guidance given from time to time by the Secretary of State under subsection (4).

2

Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.

79Piloting of school travel scheme provisions

1

The school travel scheme provisions are to be piloted in accordance with regulations made by the Secretary of State.

2

Regulations under subsection (1) may, in particular, provide for there to be a limit on the number of school travel schemes which may be in force while the school travel scheme provisions are being piloted.

3

In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

80Power to repeal school travel scheme provisions etc

1

The Secretary of State must prepare and publish, before 1st January 2012, an evaluation of the operation and effect of school travel schemes approved under Schedule 35C to EA 1996.

2

The Secretary of State may by order provide for the school travel scheme provisions to cease to have effect in relation to local education authorities with effect from such date as may be specified in the order.

3

The earliest date which may be specified under subsection (2) is 1st August 2012.

4

The latest date which may be specified under subsection (2) is 1st August 2015.

5

Power to make an order under this section includes power to make consequential amendments and repeals in any enactment, including this Act and enactments passed or made after the passing of this Act.

6

In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

81LEAs in England: provision of transport etc for certain adult learners

After section 508E of EA 1996 (inserted by section 78 above) insert—

508FLEAs in England: provision of transport etc for certain adult learners

1

A local education authority in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of qualifying adult learners receiving education or training at an institution outside both the further education and higher education sectors.

2

“Qualifying adult learners” means adult learners for whom the Learning and Skills Council for England has secured—

a

the provision of education or training at the institution in question, and

b

the provision of boarding accommodation under section 13 of the Learning and Skills Act 2000 (persons with learning difficulties).

3

Any transport provided in pursuance of arrangements under subsection (1) must be provided free of charge.

4

A local education authority in England may pay the whole or any part, as they think fit, of the reasonable travelling expenses of any adult learner receiving education or training at an institution outside both the further education and higher education sectors for whose transport no arrangements are made under subsection (1).

5

In considering whether or not they are required by subsection (1) to make arrangements in relation to a particular person, a local education authority must have regard, amongst other things, to the age of the person and the nature of the routes which he could reasonably be expected to take.

6

Arrangements made by a local education authority under subsection (1) must make provision for persons receiving full-time education or training at institutions mentioned in subsection (1) which is no less favourable than the provision made in pursuance of the arrangements for persons of the same age with learning difficulties (within the meaning of section 13 of the Learning and Skills Act 2000) for whom the authority secure the provision of education at any other institution.

7

“Adult learner” means a person who is neither a child nor a person of sixth form age.

8

The reference in subsection (7) to a person of sixth form age is to be construed in accordance with subsection (1) of section 509AC.

82Amendments of section 444 of EA 1996 in relation to school travel

1

Section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) is amended as follows.

2

After subsection (3) insert—

3A

Subsections (3B) and (3D) apply where the child’s home is in England.

3B

The child shall not be taken to have failed to attend regularly at the school if the parent proves that—

a

the local education authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child’s attendance at the school and have failed to discharge that duty, or

b

the local education authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child’s attendance at the school and have failed to discharge that duty.

3C

For the purposes of subsection (3B)—

a

the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and

b

the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.

3D

Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—

a

that the school is not within walking distance of the child’s home,

b

that no suitable arrangements have been made by the local education authority for boarding accommodation for him at or near the school, and

c

that no suitable arrangements have been made by the local education authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

3E

For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).

3F

Subsection (4) applies where the child’s home is in Wales.

3

In subsection (5) for “subsection (4)” substitute “subsections (3D) and (4)”.

4

In subsection (6) for “subsection (4)” substitute “subsections (3B), (3D) and (4)”.

5

The amendments made by this section do not apply in relation to any failure of a child to attend at a school or other place in relation to which section 444 of EA 1996 applies which occurs on a day before this section comes into force.

83Learning and Skills Council for England: transport etc for persons of sixth form age

1

In section 509AA of EA 1996 (provision of transport etc for persons of sixth form age)—

a

in subsection (9)—

i

for “Secretary of State” substitute “appropriate authority”, and

ii

for “he” substitute “it”,

b

after subsection (9) insert—

9A

The “appropriate authority” means—

a

in the case of a local education authority in England, the Secretary of State, and

b

in the case of a local education authority in Wales, the National Assembly for Wales.

c

in subsection (10), after “Secretary of State” insert “(in relation to local education authorities in England) or the National Assembly for Wales (in relation to local education authorities in Wales)”.

2

In section 509AB of EA 1996 (further provision about transport policy statements)—

a

in subsection (5), for the words from “by the Secretary” to the end substitute

under this section—

a

by the Learning and Skills Council for England (in the case of an authority in England), or

b

by the National Assembly for Wales (in the case of an authority in Wales).

b

in subsection (6)(d), for the words from “by the Secretary” to the end substitute “for the purposes of this section by the Learning and Skills Council for England (in the case of an authority in England) or the National Assembly for Wales (in the case of an authority in Wales).”, and

c

after subsection (7) insert—

8

Any guidance issued by the Learning and Skills Council for England under this section must be published in such manner as the Council thinks fit.

3

In section 509AC of EA 1996 (interpretation of sections 509AA and 509AB)—

a

in subsection (6), after “subsection (5)” insert “in relation to its application in the case of local education authorities in England”, and

b

after subsection (6) insert—

7

The National Assembly for Wales may by order amend the definition of “academic year” in subsection (5) in relation to its application in the case of local education authorities in Wales.

4

In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary functions of Learning and Skills Council for England), after subsection (5) insert—

6

The Secretary of State may by order confer or impose on the Council such powers or duties falling within subsection (7) as he thinks fit.

7

A power or duty falls within this subsection if it is exercisable in connection with—

a

the Secretary of State’s function under section 509AA(9) of the Education Act 1996 (power to direct LEA to make arrangements additional to those specified in transport policy statement), or

b

any function of the Secretary of State under any of sections 496 to 497B of the Education Act 1996 as regards anything done, proposed to be done or omitted to be done by a local education authority in England under section 509AA or 509AB of that Act.

84LEAs in England: duty to have regard to religion or belief in exercise of travel functions

After section 509AC of EA 1996 insert—

509ADLEAs in England: duty to have regard to religion or belief in exercise of travel functions

1

A local education authority in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place, to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent’s religion or belief.

2

The “travel functions” of a local education authority in England are their functions under any of the following provisions—

section 508A (duty to promote sustainable modes of travel etc);

section 508B (travel arrangements for eligible children);

section 508C (travel arrangements etc for other children);

section 508E and Schedule 35C (school travel schemes);

section 508F (transport etc for certain adult learners);

section 509AA (transport etc for persons of sixth form age).

3

For the purposes of this section—

a

“religion” means any religion,

b

“belief” means any religious or philosophical belief,

c

a reference to religion includes a reference to lack of religion, and

d

a reference to belief includes a reference to lack of belief.

85Further amendments relating to travel to schools etc

Schedule 10 contains further amendments relating to travel to schools and other places where education or training is received.

Food and drink provided on school premises etc

86Provision of food and drink on school premises etc

1

For section 114 of SSFA 1998 (nutritional standards for school lunches) and the cross-heading preceding it substitute—

Food and drink provided on school premises etc

114ARequirements for food and drink provided on school premises etc

1

Regulations may prescribe requirements which, subject to such exceptions as may be provided for by or under the regulations, are to be complied with in connection with—

a

food or drink provided on the premises of any school maintained by a local education authority, or

b

food or drink provided at a place other than school premises by a local education authority or the governing body of a school maintained by such an authority to any registered pupil at the school.

2

Regulations under this section may in particular—

a

specify nutritional standards, or other nutritional requirements, which are to be complied with;

b

require that drinking water is to be available, free of charge, on the premises of any school maintained by a local education authority;

c

require that specified descriptions of food or drink are not to be provided.

3

Requirements prescribed by virtue of subsection (1)(a) do not apply to food or drink brought on to the premises of a school maintained by a local education authority where the food or drink is brought on to those premises by any person for his own consumption.

4

Where a local education authority or the governing body of a school maintained by such an authority provide food or drink—

a

to anyone on the premises of the school, or

b

to any registered pupil at the school at a place other than school premises,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

5

Subsection (4) applies whether the food or drink is provided in pursuance of any statutory requirement or otherwise.

6

Where—

a

food or drink is provided on the premises of a school maintained by a local education authority,

b

the provision is by a person (“X”) other than the authority or the governing body of the school, and

c

X uses or occupies the whole or a part of the premises in circumstances related to a use or occupation agreement made (whether by X or any other person) with the authority or the governing body,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

7

A “use or occupation agreement”, in relation to the premises of a school, is an agreement or other arrangement relating to the use or occupation of the whole or any part of the premises.

8

Without prejudice to the generality of section 138(7), regulations under this section may prescribe—

a

different requirements in relation to different classes or descriptions of school as specified in the regulations;

b

different requirements in connection with food or drink provided by or to different classes or descriptions of person as specified in the regulations;

c

requirements which apply during different periods of the day as specified in the regulations.

9

A “place other than school premises” means a place other than the premises of any school maintained by a local education authority.

10

References in this section to food or drink provided by a local education authority or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.

2

In section 512(4) of EA 1996 (LEA functions concerning provision of meals), for “section 114(2) of the School Standards and Framework Act 1998 (lunches provided by LEAs to meet nutritional standards)” substitute “section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc)”.

3

Any regulations made under section 114 of SSFA 1998 which have effect immediately before the commencement of this section have effect after that commencement as if made under section 114A of that Act (as substituted by subsection (1)).

87Power to charge for provision of meals etc

1

In section 512ZA of EA 1996 (duty of LEA to charge for meals etc)—

a

in subsection (1), for “shall” substitute “may”,

b

in subsection (2), for “A local education authority shall” substitute “Where a local education authority exercise the power to charge under subsection (1), they must”, and

c

in the heading, for “Duty” substitute “Power”.

2

In section 533 of EA 1996 (duties of governing bodies with respect to provision of school meals etc)—

a

in subsection (3), for the words from “shall” to the end substitute “may charge for anything so provided.”,

b

after that subsection, insert—

4

Where the governing body of a school exercise the power to charge under subsection (3), they must charge every person the same price for the same quantity of the same item.

c

in the heading, for “Duties” substitute “Functions”.

Part 7Discipline, behaviour and exclusion

Chapter 1School Discipline

5

In this section and section 89—

“relevant school” means—

a community, foundation or voluntary school,

a community or foundation special school,

a maintained nursery school,

a pupil referral unit, or

a school approved by the Secretary of State or the Assembly under section 342 of EA 1996 (approval of non-maintained special schools);

“governing body”, in relation to a school approved by the Secretary of State or the Assembly under section 342 of EA 1996, means the proprietor of the school.

conduct which consists of a failure by the pupil to comply with a penalty previously imposed on him.

Nothing in this section authorises anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

11

This section is not to be construed as restricting what may lawfully be done apart from this section.

12

In this section, “paid member of the staff”, in relation to a school, means any member of the staff who works at the school for payment, whether under a contract of employment or a contract for services; and, for this purpose, it is immaterial whether the contract of employment or contract for services is made with the governing body or proprietor of the school or with any other person.

any damage or loss which arises in consequence of it,

if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).

3

Nothing in this section applies where an item is seized under section 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).

4

This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.

Interpretation of Chapter 1

95Interpretation of Chapter 1

In this Chapter—

“disciplinary penalty” has the meaning given by section 90;

“member of the staff”, in relation to a school, means—

any teacher who works at the school, and

any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

“possessions”, in relation to a pupil, includes any goods over which he appears to have control.

Repeals

96Repeals consequential on provisions of Chapter 1

The following provisions (which are superseded by sections 88 to 93) cease to have effect—

a

sections 550A and 550B of EA 1996;

b

section 61 of SSFA 1998.

Chapter 2Parental responsibilities and excluded pupils

Parenting contracts and parenting orders

97Parenting contracts

1

Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in cases of exclusion from school or truancy) is amended as follows.

2

After subsection (1) insert—

1A

This section also applies where a local education authority or the governing body of a relevant school have reason to believe that a child who is a registered pupil at a relevant school has engaged in behaviour connected with the school which—

a

has caused, or is likely to cause—

i

significant disruption to the education of other pupils, or

ii

significant detriment to the welfare of the child himself or of other pupils or to the health or safety of any staff, or

b

forms part of a pattern of behaviour which (if continued) will give rise to a risk of future exclusion from the school on disciplinary grounds.

1B

For the purposes of subsection (1A) the child’s behaviour is connected with the school to the extent that it consists of—

a

conduct at the school, or

b

conduct elsewhere in circumstances in which it would be reasonable for the school to regulate his conduct.

3

In subsection (6), after “subsection (1)” insert “or (1A)”.

4

In the heading to the section, and in the italic cross-heading immediately before the section, for “exclusion from” substitute “misbehaviour at”.

98Parenting orders in case of exclusion or misbehaviour

1

Section 20 of the Anti-social Behaviour Act 2003 (parenting orders in case of exclusion from school) is amended as follows.

2

In subsection (1), for “This section” substitute “Subsection (2)”.

3

In subsection (2), for “A local education authority” substitute “A relevant body”.

4

After subsection (2) insert—

2A

A relevant body may also apply to a magistrates’ court for a parenting order in respect of a pupil at a relevant school if—

a

it appears to the body making the application that the pupil has engaged in behaviour which would warrant the exclusion of the pupil from the school on disciplinary grounds for a fixed period or permanently, and

b

such conditions as may be prescribed in regulations made by the appropriate person are satisfied.

2B

For the purposes of subsection (2A), there are to be disregarded—

a

any practice restricting the use of exclusion at a particular school, or at schools of a particular description, and

b

any grounds that might exist for not excluding the pupil, to the extent that those grounds relate to his education or welfare after exclusion.

5

For subsection (3) substitute—

3

If an application is made under subsection (2) or (2A), the court may make a parenting order in respect of a pupil if it is satisfied—

a

in the case of an application under subsection (2A), that the pupil has engaged in behaviour of the kind mentioned in that subsection, and

b

in any case, that the making of the order would be desirable in the interests of improving the behaviour of the pupil.

6

After subsection (8) insert—

9

In this section “a relevant body” means—

a

a local education authority,

b

the governing body of any relevant school in England at which the pupil to whom the application relates is a pupil or from which he has been excluded.

7

In the heading, after “exclusion” insert “or potential exclusion”.

99Parenting contracts and parenting orders: further provisions

1

The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.

2

In section 21 (parenting orders: supplemental)—

a

in subsection (1)(a), after “subsection (1)” insert “or (1A)”,

b

after subsection (1) insert—

1A

In deciding whether to make a parenting order under section 20, a court must also take into account any failure by the parent without reasonable excuse to attend a reintegration interview under section 102 of the Education and Inspections Act 2006 (reintegration interview in case of fixed period exclusion) when requested to do so in accordance with regulations under that section.

c

omit subsection (4), and

d

in subsection (5), after “authorities,” insert “governing bodies”.

3

After section 22 insert—

22AParenting contracts and parenting orders: further provisions

1

The appropriate person may by regulations make further provision about the exercise by local education authorities and the governing bodies of relevant schools of their functions relating to—

a

parenting contracts under section 19, and

b

parenting orders under section 20.

2

The provision that may be made under subsection (1) includes—

a

provision limiting the power of a local education authority to enter into a parenting contract, or apply for a parenting order, in prescribed cases where—

i

the school by reference to which the contract is entered into or the application is made is not in the area of the authority, or

ii

the child by reference to whom the contract is entered into or the application is made does not reside in that area;

b

provision as to which governing body may apply for a parenting order in cases where a pupil has been admitted to a relevant school after being permanently excluded from another;

c

provision requiring one local education authority or governing body to consult with another before taking any prescribed step;

d

provision authorising or requiring the provision of information by one local education authority or governing body to another;

e

provision as to how the costs associated with parenting contracts entered into by local education authorities or governing bodies of relevant schools or the costs associated with the requirements of parenting orders under section 20 (including in each case the costs of providing counselling or guidance programmes) are to be met.

3

In subsection (2), “prescribed” means prescribed by regulations made by the appropriate person under subsection (1).

4

In section 24 (interpretation)—

a

for “sections 19 to 21” substitute “sections 19 to 22A”, and

b

after the definition of “child of compulsory school age” insert—

“governing body”, in relation to a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, means the proprietor of the school, as defined by section 579(1) of the 1996 Act;

Excluded pupils

100Duty of governing body or proprietor where pupil excluded for fixed period

1

Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.

2

The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

3

The education must not be provided at the school unless it is provided there in pursuance of arrangements which—

a

are made jointly with the governing body of at least one other relevant school, and

b

make provision for the education of pupils excluded on disciplinary grounds from any of the schools that are parties to the arrangements.

4

In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.

5

In this section—

“governing body”, in relation to a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, means proprietor;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State;

“relevant school” does not include a pupil referral unit;

“suitable full-time education”, in relation to a pupil, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

101Duty of local education authority in relation to excluded pupils

1

Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.

2

After subsection (3) insert—

3A

In relation to England, the duty imposed by subsection (1) includes, except in prescribed cases, a duty to make arrangements for the provision of suitable full-time education at school or otherwise than at school for—

a

children of compulsory school age who have been permanently excluded on disciplinary grounds from relevant schools or pupil referral units, and have not subsequently been admitted to schools other than pupil referral units, and

b

children of compulsory school age who are excluded for a fixed period on disciplinary grounds from any pupil referral unit maintained by the authority.

3B

The education referred to in subsection (3A) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

3

For subsection (6) substitute—

6

In this section—

“relevant school” means—

a

a maintained school,

b

an Academy,

c

a city technology college, or

d

a city college for the technology of the arts;

“suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have (and “suitable full-time education” is to be read accordingly).

102Reintegration interviews

1

Regulations may require the head teacher of a relevant school in prescribed cases to request any parent of a temporarily excluded pupil to attend an interview (“a reintegration interview”) at the school with the head teacher of the school or any other person authorised by the head teacher.

2

The purpose of a reintegration interview is to assist the reintegration of the pupil after the period of exclusion and to promote the improvement of his behaviour.

3

Regulations under this section may make provision about the time within which any reintegration interview must be held, the procedure for arranging the interview and the notification of any request to the parent.

4

In this section—

“prescribed” means prescribed by regulations;

“regulations” means regulations made—

in relation to England, by the Secretary of State, or

in relation to Wales, by the Assembly;

“a temporarily excluded pupil” means a pupil who is or has been excluded on disciplinary grounds for a fixed period.

103Duty of parent in relation to excluded pupil

1

This section applies where—

a

a pupil of compulsory school age (“the excluded pupil”) is excluded on disciplinary grounds from a relevant school in England, whether for a fixed period or permanently, and

b

notice under section 104 has been given to a parent of the pupil.

2

The parent of the excluded pupil must ensure that the pupil is not present in a public place at any time during school hours on a day which—

a

is one of the first five school days to which the exclusion mentioned in subsection (1)(a) relates or, where that exclusion is for a fixed period of five days or less, any of the days to which the exclusion relates, and

b

is stated in the notice under section 104 to be a day on which the parent is subject to this subsection.

3

If the excluded pupil is present in a public place at any time during school hours on a school day falling within subsection (2), the parent commits an offence.

4

It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable justification for his failure to comply with the duty imposed by subsection (2).

5

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

6

Proceedings for an offence under subsection (3) may not be instituted except by a local education authority.

7

Where the excluded pupil is excluded during the course of a school day but before the beginning of any afternoon session on that day, that day is to be treated for the purposes of subsection (2)(a) as the first day to which the exclusion relates.

8

In this section—

“parent”, in relation to a pupil, does not include any person who is not an individual;

“public place” means—

any highway, and

any place to which at the material time the public or any section of the public have access, on payment or otherwise, as of right or by virtue of express or implied permission;

“school hours” means any time during a school session of the school referred to in subsection (1)(a) or during a break between sessions of that school on the same day.

104Notice to parent relating to excluded pupil

1

The head teacher of a relevant school in England, on excluding from the school a pupil of compulsory school age, must give the parent by the prescribed time a notice in writing complying with subsections (2) and (3) and containing such other information as may be prescribed.

2

Where the appropriate authority are or will be obliged under the relevant enactment to make arrangements for the provision of full-time education for the excluded pupil during his exclusion, or intend to do so without being so obliged, the notice must specify the first day on which full-time education is to be provided for the excluded pupil.

3

The notice must specify as days on which the parent is to be subject to section 103(2) each school day beginning with the first school day to which the exclusion relates and ending with the earliest of the following—

a

where a day is specified under subsection (2), the school day preceding that day,

b

the fifth school day to which the exclusion relates, and

c

the last school day to which the exclusion relates.

4

Subsection (7) of section 103 applies for the purposes of subsection (3) as it applies for the purposes of subsection (2)(a) of that section.

5

Where the appropriate authority are a local education authority, they must provide the head teacher with such information as will enable the head teacher to give a notice complying with subsection (2).

6

Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under this section from being given to the parent of the excluded pupil by any effective method.

7

Regulations may enable a notice under this section to be combined with a notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the exclusion of pupils from maintained schools).

8

In this section—

“the appropriate authority” means—

in the case of a permanent exclusion or an exclusion from a pupil referral unit, a local education authority,

in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, and

in the case of an exclusion for a fixed period from a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, the proprietor of the school;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State;

“the relevant enactment” means—

where the appropriate authority is a local education authority, section 19 of EA 1996, and

in any other case, section 100 of this Act.

105Penalty notice in respect of presence of excluded pupil in public place

1

Where an authorised officer has reason to believe that a person has committed an offence under section 103(3), he may give the person a penalty notice in respect of the offence.

2

A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence under section 103(3) to which the notice relates by payment of a penalty in accordance with the notice.

3

Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

4

Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates if he pays a penalty in accordance with the notice.

5

Sums received by a local education authority under this section may be used by the authority for the purposes of any of their functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

6

In this section—

“authorised officer” means—

a constable,

an officer of a local education authority in England who is authorised by the authority to give penalty notices, or

an authorised staff member;

“authorised staff member” means—

a head teacher of a relevant school in England, or

a member of the staff of a relevant school in England who is authorised by the head teacher of the school to give penalty notices;

“regulations” means regulations made by the Secretary of State.

106Penalty notices: supplemental

1

Regulations may make—

a

provision as to the form and content of penalty notices;

b

provision as to the monetary amount of any penalty and the time by which it is to be paid;

c

provision for determining the local education authority to whom a penalty is payable;

d

provision as to the methods by which penalties may be paid;

e

provision as to the records which are to be kept in relation to penalty notices;

f

provision as to the persons who may be authorised by a local education authority or a head teacher to give penalty notices;

g

provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices;

h

provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

i

repayment of any amount by way of penalty under a penalty notice which is withdrawn, and

ii

prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates;

i

provision for a certificate—

i

purporting to be signed by or on behalf of a prescribed person, and

ii

stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated;

j

provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice;

k

provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices;

l

such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

2

Without prejudice to the generality of subsection (1) or section 181(2)(a), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

3

Local education authorities, head teachers and authorised officers must, in carrying out their functions in relation to penalty notices, have regard to any guidance which is given by the Secretary of State from time to time in relation to penalty notices.

4

In this section —

“penalty” means a penalty under a penalty notice;

“penalty notice” has the meaning given by section 105(2);

and other expressions have the same meaning as in section 105.

107Penalty notices: amendments of Police Reform Act 2002

1

The Police Reform Act 2002 (c. 30) is amended as follows.

2

In paragraph 1(2) of Schedule 4 (powers of community support officers to issue fixed penalty notices), after paragraph (aa) insert—

ab

the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);

3

In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(aa)” insert “or (ab)”.

4

In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices), after paragraph (ab) insert—

ac

the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);

5

In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “or (ac)”.

6

In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “or (ac)”.

108Removal of excluded pupils to designated premises

1

Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).

2

In subsection (2)—

a

for “subsection (3)” substitute “subsections (3) and (3ZA)”, and

b

for “that subsection” substitute “each of those subsections”.

3

After subsection (3) insert—

3ZA

If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—

a

is of compulsory school age,

b

has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,

c

remains excluded from that school,

d

has not subsequently been admitted as a pupil to any other school, and

e

has no reasonable justification for being in the public place,

the constable may remove the child or young person to designated premises.

4

After subsection (3A) insert—

3B

In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.

5

In subsection (5), after the definition of “public place” insert—

“relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;

6

In the heading, after “truants” insert “and excluded pupils”.

7

In Schedule 4 to the Police Reform Act 2002 (c. 30) (exercise of police powers by civilians)—

a

in paragraph 4C, for the words from “section 16(3)” to the end substitute “section 16(3) or (3ZA) of that Act (power to remove truant or excluded pupil found in specified area to designated premises or, in case of truant, to the school from which he is absent).”, and

b

in the italic heading immediately before that paragraph, after “truants” insert “and excluded pupils”.

School attendance

109Failure to secure school attendance

1

In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit “without reasonable justification”.

2

After that subsection insert—

1B

It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.

3

In subsection (2) of that section, for “(3)” substitute “(2A)”.

4

After that subsection insert—

2A

The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.

5

In subsection (3) of that section—

a

at the end of paragraph (a) insert “or”, and

b

omit paragraph (b) and the “or” immediately following it.

6

In subsection (6) of that section, for “the parent shall be acquitted if he proves” substitute “it is a defence for the parent to prove”.

7

In subsection (7) of that section, for “at a time when he was not” substitute “unless the parent proves that at that time the child was”.

8

After that subsection insert—

7A

Where—

a

a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is—

i

a maintained school,

ii

a pupil referral unit,

iii

an Academy,

iv

a city technology college, or

v

a city college for the technology of the arts,

b

he remains for the time being a registered pupil at the school,

c

the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and

d

notice in writing of the arrangements has been given to the child’s parent,

the exclusion does not affect the application of subsections (1) to (7) to the child’s attendance at the school on any day to which the arrangements relate.

7B

In subsection (7A)(c) “the appropriate authority” means—

a

in relation to a maintained school, the governing body of the school,

b

in relation to a pupil referral unit, the local education authority, and

c

in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.

9

In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for “the parent shall be acquitted if he proves” substitute “it is a defence for the parent to prove”.

10

In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from “unless” to the end substitute “unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996”.

11

The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.

110Sums received under section 444A of EA 1996

In section 444A of EA 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil) for subsection (6) substitute—

6

Sums received by a local education authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

Interpretation of Chapter 2

111Meaning of “maintained school” and “relevant school” in Chapter 2

In this Chapter—

“maintained school” means—

a community, foundation or voluntary school,

a community or foundation special school, or

a pupil referral unit;

“relevant school” means—

a maintained school,

an Academy,

a city technology college, or

a city college for the technology of the arts.

Part 8Inspections

Chapter 1The Office and the Chief Inspector

The Office

112The Office for Standards in Education, Children’s Services and Skills

1

There is to be a body corporate known as the Office for Standards in Education, Children’s Services and Skills.

2

In this Part that body is referred to as “the Office”.

3

The Office is to perform its functions on behalf of the Crown.

4

Schedule 11 makes further provision about the Office.

The Chief Inspector and other inspectors

113Her Majesty’s Chief Inspector of Education, Children’s Services and Skills

1

Her Majesty may by Order in Council appoint a person to the office of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.

2

In this Part the holder of that office is referred to as “the Chief Inspector”.

3

The Chief Inspector is to be a member of the Office (see paragraph 1 of Schedule 11).

4

The Chief Inspector holds and vacates office in accordance with the terms of his appointment.

5

Those terms are to be determined by the Secretary of State.

6

But the Chief Inspector—

a

must not be appointed for a term of more than five years,

b

may at any time resign by giving written notice to the Secretary of State, and

c

may be removed from office by Her Majesty on the grounds that he is unable or unfit to carry out the duties of his office.

7

The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.

8

The office of Her Majesty’s Chief Inspector of Schools in England is abolished.

9

But any person holding that office immediately before the appointed day is to become, as from that day, Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.

10

As from the appointed day—

a

the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as Chief Inspector, and

b

the terms of his appointment have effect as if determined under subsection (5).

11

In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

114Her Majesty’s Inspectors of Education, Children’s Services and Skills

1

Her Majesty may by Order in Council appoint persons as Her Majesty’s Inspectors of Education, Children’s Services and Skills.

2

In this Part a person so appointed is referred to as an “HMI”.

3

An HMI is to serve, in accordance with the terms of his appointment, as a member of the staff of the Office.

4

Those terms are to be determined by the Chief Inspector.

5

A person’s appointment as HMI ends when he ceases to serve as a member of the staff of the Office.

6

Any person who—

a

is one of Her Majesty’s Inspectors of Schools in England immediately before the appointed day, and

b

is then serving as member of the staff of Her Majesty’s Chief Inspector of Schools in England or of the Adult Learning Inspectorate,

is to become, as from that day, one of Her Majesty’s Inspectors of Education, Children’s Services and Skills.

7

As from the appointed day—

a

the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as an HMI, and

b

the terms of his appointment have effect as if determined under subsection (4).

8

In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

115Further provision about Chief Inspector and other inspectors etc.

Schedule 12 makes further provision about the Chief Inspector and persons acting on his behalf.

Functions: the Office

116Functions of the Office

1

The Office has the following functions—

a

to determine strategic priorities for the Chief Inspector in connection with the performance of his functions;

b

to determine strategic objectives and targets relating to such priorities; and

c

to secure that the Chief Inspector’s functions are performed efficiently and effectively.

2

The Office is to have such other functions in connection with the performance of the Chief Inspector’s functions as may be assigned to it by the Secretary of State.

6

Any enactment by virtue of which—

a

an inspection may be conducted by the Chief Inspector in relation to the activities in question (whether or not in pursuance of any duty), or

b

any power of entry is exercisable by him in relation to those activities,

is to have effect, with any necessary modifications, so as to enable him to conduct an inspection, or exercise any such power, for the purpose of complying with the request.

7

In subsection (6) any reference to a power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.

8

Nothing in this section prejudices the operation of any other enactment relating to functions of the Chief Inspector.

119Performance of Chief Inspector’s functions

Chapter 2General transfer of functions

122General transfer of functions to the Chief Inspector

1

Subject to the following provisions of this Part, the functions of the existing Chief Inspector under or by virtue of any enactment are transferred to the new Chief Inspector.

2

In this section—

“the existing Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England, and

“the new Chief Inspector” means the Chief Inspector appointed under Chapter 1 of this Part.

Chapter 3Inspection of Further Education and Training etc.

Education and training to which this Chapter applies

123Education and training to which this Chapter applies

1

This Chapter applies to the following kinds of education and training—

a

secondary education provided in institutions which are in England and are within the further education sector;

b

further education for persons aged 16 or over but under 19 which is provided in such institutions and wholly or partly funded by the Learning and Skills Council for England;

c

further education for persons aged 19 or over which is wholly or partly funded by the Council;

d

further education for persons aged under 19 which is provided by local education authorities in England;

e

further education for persons aged 19 or over which is funded by such authorities;

f

training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973 (c. 50);

g

training for persons aged 16 or over if it is training the whole or part of which takes place at the premises of an employer and which is wholly or partly funded by the Council;

h

such other education or training as may be prescribed by regulations made by the Secretary of State.

2

The training which may be prescribed by regulations under subsection (1)(h) includes training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training falling within subsection (1)(a) to (g).

3

If regulations made by the Secretary of State so provide—

a

the provision of information, advice or guidance falling within section 5(1)(i) of the Learning and Skills Act 2000 (c. 21) (Council to secure provision of financial resources), or

b

the provision of any description of such information, advice or guidance specified in the regulations,

1

The Chief Inspector must inspect all institutions within the further education sector.

2

The inspections are to be conducted at such intervals as may be specified by the Secretary of State.

3

On completing an inspection under this section, the Chief Inspector must make a written report on it.

4

The report—

a

must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and

b

may deal with such other matters as he considers relevant.

5

The Chief Inspector must send copies of the report to—

a

the Secretary of State,

b

the Council, and

c

the provider of the education or training inspected.

6

Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

7

The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

For the purposes of that subsection it is immaterial whether the education or training concerned is provided in the United Kingdom or elsewhere.

127Action plans

1

This section applies where the Chief Inspector publishes a report of an inspection conducted under section 124 or 125 or section 126(1).

2

The provider of the education or training which is the subject of the report must prepare a written statement of—

a

the action which he proposes to take in the light of the report, and

b

the period within which he proposes to take that action.

3

That person must—

a

publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

b

send copies of it to such persons as may be so prescribed.

4

The requirements of subsection (2) may be waived by the Chief Inspector.

128Area inspections

1

If requested to do so by the Secretary of State, the Chief Inspector must inspect—

a

the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged 15 or over but under 19;

b

the standards achieved by those receiving that education or training; and

c

whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

2

The Chief Inspector may conduct such an inspection without being requested to do so.

3

Subsection (4) applies if financial resources have been applied by—

a

the Council, or

b

any premises of the provider of that education or training which are used in connection with its provision.

3

In respect of education or training provided by an employer in the workplace, the power of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.

132Power to inspect documents, etc.

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Other provisions

133Framework for inspections

1

The Chief Inspector must devise—

a

a common set of principles applicable to all inspections conducted under this Chapter, or

b

two or more common sets of principles each of which is applicable to a particular description of such inspections.

2

A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.

3

If the Chief Inspector devises two or more frameworks under subsection (1)(b), he must ensure that, taken together, they cover all inspections conducted under this Chapter.

4

The Chief Inspector must publish a framework in such manner as he considers appropriate.

5

The Chief Inspector may at any time revise a framework.

6

The Chief Inspector must publish a revised framework in such manner as he considers appropriate.

134Abolition of Adult Learning Inspectorate

1

The Adult Learning Inspectorate is abolished on the appointed day.

2

In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Chapter 4Inspection and review of Local Authorities in England

Functions to which this Chapter applies

135Functions to which this Chapter applies and related activities

1

This Chapter applies to the following functions of a local authority in England—

a

the functions conferred on the authority under Part 1 of the Childcare Act 2006 (c. 21),

b

the functions conferred on or exercisable by the authority in their capacity as a local education authority,

c

the functions conferred on the authority under sections 10, 12 and 17 to 19 of the Children Act 2004 (c. 31),

d

the social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)) of the authority, so far as relating to persons aged under 18,

e

(whether or not within paragraph (d)) functions conferred on or exercisable by the authority under the Children Act 1989 (c. 41), the Adoption (Intercountry Aspects) Act 1999 (c. 18) or the Adoption and Children Act 2002 (c. 38) and functions continuing to be exercisable by the authority under the Adoption Act 1976 (c. 36), and

f

such other functions of the authority as may be prescribed by regulations made by the Secretary of State.

2

In this Chapter “related activity”, in relation to a function to which this Chapter applies, means (subject to subsections (3) and (4)) anything done in any place by, or pursuant to arrangements made by, the authority under section 2(1)(a) or (b) of the Local Government Act 2000 (c. 22) (promotion of economic and social well-being) which is similar in nature to anything which could be done by the authority in the performance of the function in question.

3

In relation to a function within subsection (1)(c), (d) or (e), anything done as mentioned in subsection (2) is a “related activity” only if it is done in relation to or for the benefit of—

a

persons aged under 18,

b

persons aged 18 or over in relation to whom the authority have functions under any of sections 23C to 24D of the Children Act 1989, or

c

persons not within paragraph (a) or (b) in connection with adoption or special guardianship.

In paragraph (c) “special guardianship” means special guardianship under sections 14A to 14G of the Children Act 1989.

4

In relation to a function prescribed by regulations under subsection (1)(f), anything done as mentioned in subsection (2) is a “related activity” only if it is prescribed as such by the regulations.

5

On the coming into force of this Chapter the Commission for Social Care Inspection is to cease to have functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) in relation to anything which may be inspected by the Chief Inspector under this Chapter.

Inspections and annual reviews

136Inspection of local authorities in England

1

The Chief Inspector may inspect—

a

the overall performance by any local authority in England of the functions to which this Chapter applies, or

b

the performance by any such authority of any particular function or functions comprised in the functions to which this Chapter applies.

2

An inspection under subsection (1) of the performance by an authority of any function must include an inspection of any related activity.

3

When requested to do so by the Secretary of State, the Chief Inspector must conduct an inspection under this section in relation to the local authority specified in the request.

4

Such a request may specify particular matters which the Chief Inspector must inspect.

the report, and

b

the statement prepared under subsection (3),

within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State.

5

Such regulations may provide for the authority to charge a reasonable fee for providing a person with a copy of a document published under subsection (4).

6

The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate.

138Annual reviews of local authorities in England

1

In each financial year the Chief Inspector must review the overall performance by each local authority in England of the functions to which this Chapter applies.

2

A review under subsection (1) of the performance of functions must include a review of related activities.

3

After conducting a review under this section in relation to an authority the Chief Inspector must award the authority a performance rating in respect of the matters reviewed.

4

In this section “financial year” means a period of 12 months ending with 31st March in any year.

Powers of entry etc.

139Power of entry

1

This section applies to—

a

any inspection conducted by the Chief Inspector under section 136, and

b

any review conducted by him under section 138.

2

The Chief Inspector may, at any reasonable time, enter any premises for the purposes of the inspection or review, other than any premises excluded by subsection (3).

3

The premises excluded by this subsection are any domestic premises that are not a school (within the meaning of EA 1996).

take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

8

9

Any person who without reasonable excuse—

a

obstructs the exercise of any power conferred by section 139 or this section, or

b

fails to comply with any requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Supplementary

141Power to require information etc.

1

The Chief Inspector may at any time require any person within subsection (2) to provide him with any information, documents or other items—

a

which relates or relate to the performance by a local authority in England of any of the functions to which this Chapter applies or any related activity, and

b

which the Chief Inspector considers it necessary or expedient to have for the purposes of, or in connection with, the performance by him of any function under this Chapter.

2

The persons within this subsection are—

a

the local authority;

b

any person with whom the authority have entered into arrangements—

i

in the performance of any of the functions to which this Chapter applies, or

ii

in connection with any related activity.

3

The power in subsection (1) includes, in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

4

Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

142Interpretation etc.

144Power of entry

1

This section applies to an inspection conducted by the Chief Inspector under section 143.

2

The Chief Inspector may, at any reasonable time, enter for the purposes of the inspection—

a

any premises occupied by CAFCASS,

b

any premises occupied by any organisation with whom arrangements have been made under section 13 of the 2000 Act (other powers of CAFCASS) in respect of the performance of any CAFCASS functions, and so occupied in connection with the performance of any such functions, or

c

any premises occupied by any individual in connection with the performance of functions of an officer of the Service in accordance with arrangements under that section.

3

Subsection (2) does not confer a power of entry to any part of any domestic premises.

4

In this section and section 145 “officer of the Service” is to be construed in accordance with section 11(3) of the 2000 Act (establishment of CAFCASS).

5

In this section “the 2000 Act” means the Criminal Justice and Court Services Act 2000 (c. 43).

residential family centres,

c

fostering agencies,

d

voluntary adoption agencies, and

e

adoption support agencies,

are transferred to the Chief Inspector.

2

The Chief Inspector shall make available to the public information about services of the kind provided by persons for whom he is (in accordance with subsection (1)) the registration authority under Part 2 of the Care Standards Act 2000.

3

The functions of the CSCI under sections 65 and 87 to 87D of the Children Act 1989 (c. 41) (functions relating to children’s homes, boarding schools and colleges) are transferred to the Chief Inspector.

4

In this section “the CSCI” means the Commission for Social Care Inspection.

149Interaction with other authorities

Schedule 13 contains provisions authorising or requiring the Chief Inspector to take certain action in relation to other authorities, including the carrying out of inspections under arrangements with them.

General provisions

150Evidence of authority

1

This section applies to any person exercising (in accordance with paragraph 9 of Schedule 12)—

a

any power of entry conferred on the Chief Inspector by virtue of any enactment,

b

any power to inspect documents so conferred, or

c

any power so conferred in connection with the inspection of documents.

2

Any such person must, if so required, produce a duly authenticated document showing his authority to exercise the power concerned.

3

Nothing in this section applies in relation to any exercise of the power conferred by section 141(1).

151Publication of inspection reports

1

For the purposes of the law of defamation, a report made by the Chief Inspector which—

a

is published under any enactment, or

b

is not so published but is made in pursuance of his functions under any enactment,

is privileged unless its publication is shown to have been made with malice.

2

Where by virtue of any enactment the Chief Inspector has power to arrange for a report made by him to be published in a manner determined by him, he may (if he considers it appropriate to do so) arrange for the report to be published by electronic means only.

3

Nothing in this section—

a

limits any privilege subsisting apart from subsection (1), or

5

The provisions of section 151 apply to a combined report (whether or not they would otherwise so apply).

153Use of information

Information obtained by the Chief Inspector in connection with any of his functions may be used by him in connection with any of his other functions.

Chapter 7Miscellaneous and supplementary

Miscellaneous

154Duty to report on contribution of certain schools to community cohesion

In section 5 of EA 2005 (duty to inspect certain schools in England at particular intervals), in subsection (5) (which lists matters on which the Chief Inspector is under a general duty to report)—

a

omit the word “and” at the end of paragraph (e), and

b

at the end insert—

g

the contribution made by the school to community cohesion.

155Payment of annual fee to the Chief Inspector by local authorities

1

Regulations made by the Secretary of State may require a local authority in England to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the regulations.

2

The regulations must specify—

a

the amount of the fee, and

b

the time at which it is to be paid.

3

The Chief Inspector may make a scheme under subsection (4) that is to have effect at a time when no regulations are in force under subsection (1).

4

A scheme under this subsection (“a scheme”) may provide for a local authority in England to be required to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the scheme.

5

The amount of the fee payable by virtue of a scheme is to be such as may be specified in, or calculated or determined under, the scheme.

6

A scheme may include provision—

a

for different fees to be paid in different cases or classes of case;

b

for the amount of a fee to be determined by the Chief Inspector in accordance with specified factors;

c

for the time by which a fee must be paid;

d

for varying or revoking a previous scheme.

7

Before making a scheme the Chief Inspector must consult such persons as he considers appropriate.

8

The Chief Inspector must arrange for a scheme to be published in such manner as he considers appropriate.

9

A local authority in England must provide the Chief Inspector with such information as he requires for the purpose of determining the amount of a fee payable by the authority by virtue of a scheme.

10

A fee payable by virtue of this section may be recovered summarily as a civil debt.

11

But subsection (10) is not to be read as prejudicing any other method of recovery.

12

In this section “relevant functions”, in relation to a local authority, has the same meaning as in Part 3 of the Care Standards Act 2000 (c. 14).

156Removal of HMICA’s duty to inspect performance of Assembly’s functions relating to family proceedings

Section 38 of the Children Act 2004 (c. 31) (under which Her Majesty’s Inspectorate of Court Administration must, at the request of the Assembly, inspect and report on the performance of the Assembly’s functions under Part 4 of that Act) ceases to have effect.

Supplementary

157Minor and consequential amendments

Schedule 14 contains minor and consequential amendments relating to the provision made by this Part.

158Transitional provisions and savings

Schedule 15 contains—

a

provision for the transfer of staff, property, rights and liabilities in connection with the establishment of the Office, and

b

other transitional provisions and savings.

159Interpretation of Part 8

1

In this Part—

“activities within the Chief Inspector’s remit” and related expressions are to be construed in accordance with section 117(6);

“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

“the Council” means the Learning and Skills Council for England;

“document” means anything in which information of any description is recorded, including personal records as defined by section 12 of the Police and Criminal Evidence Act 1984 (c. 60);

“domestic premises” means premises which are used wholly or mainly as a private dwelling;

“functions” includes powers and duties;

an “HMI” means one of Her Majesty’s Inspectors of Education, Children’s Services and Skills;

“local authority in England” means—

a county council in England;

a metropolitan district council;

a non-metropolitan district council for an area for which there is no county council;

a London borough council;

the Common Council of the City of London (in their capacity as a local authority);

the Council of the Isles of Scilly;

“the Office” means the Office for Standards in Education, Children’s Services and Skills;

“the registration authority” means the person exercising functions relating to registration.

2

In this Part any reference to the carrying on of activities as “user-focused” activities is a reference to the carrying on of the activities in a way that focuses on the needs of those for whose benefit the activities are carried on.

Part 9Miscellaneous

Investigation of complaints by Chief Inspector

160Power of Chief Inspector to investigate complaints by parents about schools

After section 11 of EA 2005 insert—

Investigation of complaints

11APower of Chief Inspector to investigate complaints about schools

1

The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so—

a

for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and

b

in particular, for the purpose of determining, in the light of the complaint—

i

when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and

ii

whether it would be appropriate to carry out an inspection under section 8(2).

2

A complaint is a qualifying complaint if—

a

it is about a matter relating to a relevant school and that matter—

i

falls within a prescribed description, and

ii

does not fall within any prescribed exception,

b

it is made in writing to the Chief Inspector, and

c

it is made by a person who satisfies prescribed conditions.

3

The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint.

4

Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint.

5

In this section, “relevant school” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2).

11BInvestigations under section 11A

1

This section applies where a qualifying complaint is made to the Chief Inspector by a person who is a registered parent of a registered pupil at the school to which the complaint relates.

2

If the Chief Inspector so requests for the purposes of an investigation of the complaint, the governing body of the school to which the complaint relates must provide him with—

a

such information held by them as may be specified or described in the Chief Inspector’s request, and

b

such other information held by them as they consider may be relevant to the investigation.

3

If the complaint relates to a maintained school and the Chief Inspector so requests for the purposes of an investigation of the complaint, the local education authority who maintain the school must provide him with—

a

such information held by them as may be specified or described in the Chief Inspector’s request, and

b

such other information held by them as they consider may be relevant to the investigation.

4

If, for the purposes of an investigation of the complaint, it appears to the Chief Inspector to be appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates—

a

he must give notice to that effect to—

i

the governing body of the school (unless the school falls within sub-paragraph (ii)), or

ii

if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school, and

b

on being so notified, the governing body or (as the case may be) the local education authority must co-operate with the Chief Inspector in the making of arrangements for the meeting.

5

In particular, the governing body or (as the case may be) the local education authority must if so requested by the Chief Inspector—

a

allow the meeting to be held on the premises of the school,

b

fix a date for the meeting which is consistent with any request made by the Chief Inspector for that purpose, and

c

take such steps as are specified by the Chief Inspector to give—

i

the registered parents of registered pupils at the school, and

ii

if the school is a maintained school which has a delegated budget, the local education authority who maintain the school,

such notice as the Chief Inspector may specify of the date, time and place of the meeting and of its purpose.

6

The following persons (in addition to the registered parents of registered pupils at the school) may attend a meeting held in pursuance of subsection (5)—

a

a representative of the governing body of the school, and

b

if the school is a maintained school, a representative of the local education authority who maintain the school.

7

In this section—

“governing body”, in relation to a relevant school which is not a maintained school, means the proprietor of the school;

“maintain”, in relation to school, has the same meaning as in the School Standards and Framework Act 1998;

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

“qualifying complaint” is to be read in accordance with section 11A(2);

“relevant school” has the meaning given by section 11A(5).

11CReports of investigations

1

This section applies where, for the purposes of an investigation of a qualifying complaint to which section 11B applies the Chief Inspector—

a

requests information as mentioned in subsection (2) or (3) of that section, or

b

gives notice in pursuance of subsection (4)(a) of that section that he considers it appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates.

2

The Chief Inspector may, if he considers it appropriate to do so, prepare a report of the outcome of the investigation by him of the complaint.

3

If the Chief Inspector prepares a report under subsection (2) he must send a copy of the report to—

a

the governing body of the school (unless the school falls within paragraph (b)), or

b

if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school.

4

The body to whom a report is sent under subsection (3) must, if so requested by the Chief Inspector, provide a copy of the report to the registered parents of registered pupils at the school to which the complaint relates.

5

In this section, “governing body” and “qualifying complaint” have the same meaning as in section 11B.

Powers to facilitate innovation

“children’s services authority in England” and “children’s services authority in Wales” have the same meaning as in the Children Act 2004 (c. 31);

“English local authority” means—

a county council in England,

a metropolitan district council,

a non-metropolitan district council for an area for which there is no county council,

a London borough council,

the Common Council of the City of London, or

the Council of the Isles of Scilly;

“modify” includes amend or repeal;

“statutory provision” means—

any provision of this or any other Act, including any Act passed after this Act, and

any provision of subordinate legislation, including any such legislation made under, or after the passing of, this Act;

“Welsh local authority” means a county council or county borough council in Wales.

Provision of advice by adjudicator

163Provision of advice by adjudicator

In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—

3A

When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify.

3B

The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify—

a

the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;

b

the proprietor of any other relevant school.

3C

A person so requested by the adjudicator to provide information must comply with the request.

3D

In subsections (3A) and (3B), “relevant school” means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005.

Information about children receiving publicly-funded education

164Information about children receiving funded education outside school

After section 537A of EA 1996 (provision of information about individual pupils) insert—

537BProvision of information about children receiving funded education outside school

1

Regulations may make provision requiring a person who provides funded education to provide to the relevant person such individual child information as may be prescribed.

2

In subsection (1), “the relevant person” means one or more of the following—

a

the Secretary of State, and

b

any prescribed person.

3

Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

a

to him, or

b

to any prescribed person.

4

The Secretary of State may provide any individual child information—

a

to any information collator,

b

to any prescribed person, or

c

to any person falling within a prescribed category.

5

Any information collator—

a

may provide any individual child information—

i

to the Secretary of State,

ii

to any other information collator, or

iii

to the person who provides the funded education for the child or children to whom the information relates, and

b

may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed—

i

to any prescribed person, or

ii

to any person falling within a prescribed category.

6

Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to—

a

the Secretary of State,

b

any information collator, or

c

any prescribed person.

7

No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

8

Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

9

In this section—

“child” means a person under the age of 19;

“funded education” means education provided under arrangements made by a local education authority in pursuance of the duties imposed by section 19(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school;

“individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.

Further education

165Power of members of staff of further education institutions to use force

After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—

85CPower of members of staff to use force

1

A member of the staff of an institution which is within the further education sector may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—

a

committing any offence,

b

causing personal injury to, or damage to the property of, any person (including the student himself), or

c

prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.

2

The power conferred by subsection (1) may be exercised only where—

a

the member of the staff and the student are on the premises of the institution, or

b

they are elsewhere and the member of the staff has lawful control or charge of the student.

3

Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.

4

The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

5

In this section, “member of the staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee.

the governing bodies, or as the case may be the further education bodies, by whom those functions are to be discharged,

is to have effect subject to all necessary modifications in its application in relation to those functions and the bodies by whom they are to be discharged.

6

In this section—

“further education body” means—

a further education corporation (as defined by section 17(1) of the Further and Higher Education Act 1992 (c. 13)), or

the governing body of a designated institution (as defined by section 28(4) of that Act) which is a body incorporated by virtue of section 143(4) of the Learning and Skills Act 2000 (c. 21);

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

“regulations” means regulations made by the Secretary of State (in relation to England) or the Assembly (in relation to Wales).

Early years provision

167Consultation with young pupils

In section 176 of EA 2002 (consultation with pupils), in subsection (3)—

a

in the definition of “maintained school”, for “or a community or foundation special school” substitute “, a community or foundation special school or a maintained nursery school”, and

b

omit the definition of “pupil” (which excludes children who are being provided with nursery education).

168Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

1

In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions by LEA or governing body), in subsection (2)(b), for “or any community or foundation special school” substitute “, of any community or foundation special school, or of any maintained nursery school”.

2

In section 497 of EA 1996 (Secretary of State’s general default powers), in subsection (2)(b), for “or any community or foundation special school” substitute “, of any community or foundation special school, or of any maintained nursery school”.

Independent schools

169Prohibition on participation in management of independent school

After section 167 of EA 2002 insert—

Prohibition on participation in management of independent schools

167AProhibition on participation in management of independent schools

1

The appropriate authority may direct that a person—

a

may not take part in the management of an independent school;

b

may take part in the management of an independent school only in circumstances specified in the direction;

c

may take part in the management of an independent school only if conditions specified in the direction are satisfied.

2

A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school.

3

Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

4

The appropriate authority may vary or revoke a direction under this section in prescribed cases.

5

Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4).

6

In this section and sections 167B to 167D, “appropriate authority” means—

a

in relation to England, the registration authority or such other public authority as may be prescribed;

b

in relation to Wales, the registration authority or such other public authority as may be prescribed.

167BDirections under section 167A: appeals

1

A person in respect of whom a direction has been given under section 167A may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999—

a

against the decision to give the direction;

b

against a decision not to vary or revoke the direction.

2

Regulations may—

a

provide that the Tribunal may not entertain an appeal under this section insofar as the appellant’s case is inconsistent with his having been convicted of an offence;

b

prescribe circumstances in which the Tribunal shall allow an appeal under this section;

c

prescribe the powers available to the Tribunal on allowing an appeal under this section.

167CDirections under section 167A: information

1

The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State in connection with his functions—

a

under the Protection of Children Act 1999, except section 9 (the Tribunal);

b

under Part 7 of the Care Standards Act 2000;

c

under sections 142 to 144 of this Act;

d

as registration authority under this Part.

2

The National Assembly for Wales may provide to the appropriate authority any information relating to a person which is held by the Assembly in connection with its functions as registration authority under this Part.

3

The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise by the appropriate authority of its functions under sections 167A to 167C.

4

The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for England, the General Teaching Council for Wales, the Secretary of State or the National Assembly for Wales any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.

167DDirections under section 167A: notification

1

Where the appropriate authority in relation to England gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—

a

the registration authority in relation to England (unless the appropriate authority is the registration authority), and

b

the registration authority in relation to Wales and (if different) the appropriate authority in relation to Wales.

2

Where the appropriate authority in relation to Wales gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—

a

the registration authority in relation to Wales (unless the appropriate authority is the registration authority), and

b

the registration authority in relation to England and (if different) the appropriate authority in relation to England.

170Prohibition on participation in management: supplementary

1

In section 169 of EA 2002 (unsuitable persons), for the words from “any work” onwards substitute “work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom”.

2

In section 113BA of the Police Act 1997 (c. 50) (suitability information relating to children), at the end of subsection (2) insert—

e

whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).

3

In section 9 of the Protection of Children Act 1999 (c. 14) (the Tribunal), in subsection (2) after paragraph (b) insert—

ba

on an appeal under section 167B of the Education Act 2002;

171Prohibition on participation in management: transitional provision

1

A person falls within this subsection if—

a

immediately before the relevant day he is subject to a direction under section 142 of EA 2002 given on grounds prescribed for the purposes of this section, and

b

prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006) are satisfied in relation to him.

2

Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of EA 2002 were a direction given by the appropriate authority under section 167A of that Act.

3

Regulations may make provision in connection with the determination of any appeal under subsection (1) of section 144 of EA 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.

4

Regulations under subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of EA 2002 to be treated as an appeal under section 167B of that Act.

5

In this section—

“appropriate authority” has the same meaning as in section 167A of EA 2002;

“prescribed” means prescribed by regulations under this section;

“regulations” means regulations made—

in relation to England, by the Secretary of State, or

in relation to Wales, by the Assembly;

“the relevant day” means the day on which section 167A of EA 2002 comes into force.

172Offences relating to independent schools

1

Part 10 of EA 2002 (independent schools) is amended as follows.

2

After section 168 insert—

168AProceedings for offences

No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.

168BOffences by bodies corporate

1

Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a

any director, manager, secretary or other similar officer of the body corporate, or

b

any person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

2

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.

168COffences by unincorporated bodies

1

Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.

2

A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.

3

If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.

4

Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

5

Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

3

In section 159 (unregistered schools), omit subsection (3).

4

Sections 168B and 168C of EA 2002 do not have effect in relation to offences committed before the commencement of this section.

Special educational needs

173Special educational needs co-ordinators

In section 317 of EA 1996 (duties of governing body or LEA in relation to pupils with special educational needs) after subsection (3) insert—

3A

The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the “special educational needs co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.

3B

Regulations may—

a

require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and

b

confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.

174Time limits relating to statements of special educational needs

1

Chapter 1 of Part 4 of EA 1996 (children with special educational needs) is amended as follows.

2

In Schedule 26 (making of assessments under section 323), in paragraph 3(3)(a) after “or 329A” insert “, or under regulations under sub-paragraph (1)(b),”.

3

In Schedule 27 (making and maintenance of statements under section 324)—

a

in paragraph 5, for sub-paragraph (3) substitute—

3

Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.

b

in paragraph 11, after sub-paragraph (2A) insert—

2B

Where the local education authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.

4

Any regulations which were made under Schedule 26 or 27 to EA 1996 and are in force immediately before the commencement of this section are to have effect as from that time as if made under that Schedule as amended by subsection (2) or (3) (as the case may be).

Other miscellaneous provisions

175Miscellaneous amendments relating to Wales

Schedule 17 contains further amendments relating to Wales.

176Support schemes relating to education and training for persons aged 10 to 15

1

Before section 12 of the Learning and Skills Act 2000 (c. 21) (research and information), and immediately after the cross-heading which precedes that section, insert—

11ASupport schemes relating to education and training for persons aged 10 to 15

1

The Council may—

a

make and carry on one or more schemes for the purpose of encouraging 10 to 15 year olds to undergo relevant education or training, and

b

secure the provision of financial resources to such persons who are receiving or proposing to receive relevant education or training in pursuance of such a scheme.

2

Sections 5(2) and (3) and 6(1), (2) and (5) apply in relation to the provision of financial resources under subsection (1)(b) as they apply in relation to the provision of financial resources under section 5(1)(c).

3

In this section—

“10 to 15 year olds” means persons who have attained the age of 10 but have not ceased to be of compulsory school age;

“relevant education” means—

a

education (other than higher education) suitable to the requirements of 10 to 15 year olds, and

b

organised leisure-time occupation connected with such education;

“relevant training” means—

a

training suitable to the requirements of 10 to 15 year olds, and

b

organised leisure-time occupation connected with such training.

4

Subsection (5) of section 2 has effect for the purposes of the definitions of “relevant education” and “relevant training” in subsection (3) above as it has effect for the purposes of that section.

2

In section 9 of that Act (assessment and means tests), in subsection (4), after “5(1)(c)” insert “or 11A(1)(b)”.

3

In section 13 of that Act (persons with learning difficulties)—

a

in subsection (1), for “and 8” substitute “, 8 and 11A”, and

b

after subsection (6) insert—

7

In its application for the purposes of subsection (1) in relation to the functions of the Council under section 11A, the reference in subsection (5)(b) to “post-16 education or training” is to be read as a reference to “relevant education or training” (within the meaning of section 11A).

177University bodies: amendment of section 29 of Leasehold Reform Act 1967

1

Section 29 of the Leasehold Reform Act 1967 (c. 88) (which enables university bodies in certain circumstances to reserve rights for future development in relation to land sold or let by them) is amended as follows.

2

In subsection (6), omit the words from “but a university body” to the end.

3

In subsection (6B), for the words from “includes” to the end substitute—

a

includes development by a related university body (within the meaning of section 28(6)(b) above); and

b

must be development for the purposes (other than investment purposes) of the university body or any such related university body.

4

Where immediately before the date on which this section comes into force—

a

a university body have applied for consent under subsection (6) of section 29 of the Leasehold Reform Act 1967, and

b

the application has yet to be determined,

consent under that subsection shall continue to be required; and for that purpose the amendments made by subsections (2) and (3) above shall be disregarded.

Part 10General

178Framework power relating to Wales

1

The Assembly may by regulations make provision relating to Wales about any of the following matters—

a

the categories of school that may be maintained by local education authorities;

b

the establishment and discontinuance of schools maintained by local education authorities, their change from one category to another and their alteration in other respects;

c

the admission of pupils to schools maintained by local education authorities;

d

the curriculum in such schools;

e

school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters);

f

the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education;

g

entitlement to primary, secondary and further education and to training;

h

the provision of services that are intended to encourage, enable or assist people—

i

to participate effectively in education or training,

ii

to take advantage of opportunities for employment, or

iii

to participate effectively in the life of their communities;

i

travel of persons receiving primary, secondary or further education or training to and from the schools or other places where they receive it;

j

food and drink provided on school premises or provided for children at a place where they receive education or childcare.

2

Regulations under subsection (1) may also make provision for any purpose connected with provision made under any of paragraphs (a) to (j) of that subsection.

3

Subsection (1) has effect subject to section 179.

4

Subject to that section, the provision that may be made under subsection (1) includes any provision that could be made by Act of Parliament.

5

The inclusion in this Act of any provision in relation to Wales about any of the matters mentioned in subsection (1)(a) to (j) does not affect the powers conferred on the Assembly by this section (which may accordingly be exercised so as to repeal or amend that provision).

6

Expressions used in this section and in EA 1996 have the same meaning in this section as in that Act.

the registration of local bus services.

180Functions to be exercisable by National Assembly for Wales

1

Any function conferred on the Secretary of State by virtue of the amendments made by the provisions mentioned in subsection (2), so far as exercisable in relation to Wales, is to be taken to have been transferred to the Assembly by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).

2

Those provisions are—

section 4 (duty to identify children not receiving education);

sections 40 to 54 (school admissions);

section 56 (charges for music tuition);

section 86 (provision of food and drink on school premises etc);

section 164 (provision of information about children receiving funded education outside school);

section 168 (maintained nursery schools: amendment of sections 496 and 497 of EA 1996);

section 173 (special educational needs co-ordinators);

section 174 (time limits relating to statements of special educational needs);

Schedule 5 (funding of maintained schools).

181Orders and regulations: general provisions

1

Any power to make an order or regulations conferred by this Act on the Secretary of State or the Assembly is exercisable by statutory instrument.

2

Any power of the Secretary of State or the Assembly to make an order or regulations under this Act includes power—

a

to make different provision for different cases or areas,

b

to make provision generally or in relation to specific cases, and

c

to make such incidental, supplementary, transitional or saving provision as the Secretary of State or the Assembly thinks fit.

182Parliamentary control of orders and regulations

1

Subject to subsection (2), any statutory instrument containing regulations or an order made under this Act by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

2

Subsection (1) does not apply to—

a

an order under section 15(7)(b) (designation of primary school as rural primary school for purposes of sections 15 and 16),

b

an order under section 188(3) (commencement), or

c

an instrument to which subsection (3) applies.

3

A statutory instrument which contains (alone or with other provisions)—

a

an order under section 80 (power to repeal the school travel scheme provisions),

b

an order under section 162 (power to repeal references to “local education authority” and “children’s services authority” etc) which amends or repeals any provision of a public general Act, or

c

regulations under section 183 which amend or repeal any provision of an Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

183Power to make consequential and transitional provision etc

1

The Secretary of State may by regulations make—

a

any supplementary, incidental or consequential provision, and

b

any transitional or saving provision,

that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect, to any provision of this Act.

2

Regulations under this section may in particular—

a

provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications;

b

amend or repeal any provision of—

i

an Act passed before or in the same Session as this Act, or

ii

subordinate legislation made before the passing of this Act.

3

Nothing in this section limits the power by virtue of section 181(2) to include transitional or saving provision in an order under section 188(3) (commencement).

4

The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by, or may be made under, any other provision of this Act.

184Repeals

The enactments specified in Schedule 18 (which include spent enactments) are repealed to the extent specified.

185Financial provisions

1

There is to be paid out of money provided by Parliament—

a

any expenditure incurred by virtue of this Act by the Office for Standards in Education, Children’s Services and Skills or by a Minister of the Crown, and

b

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

2

There are to be paid into the Consolidated Fund—

a

sums received by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills by virtue of this or any other Act, and

b

sums received by a Minister of the Crown by virtue of this Act.

186Abbreviations of Acts

In this Act—

“EA 1996” means the Education Act 1996 (c. 56);

“EA 2002” means the Education Act 2002 (c. 32);

“EA 2005” means the Education Act 2005 (c. 18);

“SSFA 1998” means the School Standards and Framework Act 1998 (c. 31).

187General interpretation

1

In this Act—

“the Assembly” means the National Assembly for Wales;

“community or foundation special school” means a community special school or a foundation special school;

“enactment” includes an enactment comprised in subordinate legislation;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

2

Subject to subsection (4), EA 1996 and the provisions of this Act specified in subsection (3) are to be read as if those provisions were contained in EA 1996.

3

The provisions of this Act referred to in subsection (2) are—

a

section 5 (school improvement partners);

b

Part 2 (establishment, alteration or discontinuance of schools in England);

c

section 39 (general restriction on selection by ability);

d

Part 4 (schools causing concern: England);

e

Part 7 (discipline, behaviour and exclusion);

f

section 166 (collaboration arrangements: maintained schools and further education bodies).

4

Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of EA 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

5

Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of SSFA 1998.

188Commencement

1

The following provisions come into force on the day on which this Act is passed—

sections 86 and 87 (provision of food and drink on school premises etc.);

section 109 (failure to secure school attendance), except subsection (8);

section 111 (interpretation of Chapter 2 of Part 7);

any provision of Part 8 (inspections) so far as it confers power to make subordinate legislation;

section 161 (powers to facilitate innovation);

section 180 (functions to be exercisable by Assembly);

sections 181 and 182 (subordinate legislation);

section 183 (power to make consequential and transitional provision etc.);

sections 185 to 187, this section and sections 189 to 191;

Schedule 16;

Part 1 of Schedule 18, and section 184 so far as relating to that Part.

2

The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

section 6 (functions of LEAs in England in respect of youth work, recreation etc.);

section 52 (power of Assembly to make regulations about looked after children);

section 58 (code of practice as to relationships between LEAs and maintained schools in England, etc.);

section 162 (power to repeal references to “local education authority” and “children’s services authority”, etc.);

section 168 (maintained nursery schools: amendment of sections 496 and 497 of EA 1996);

section 172 (offences relating to independent schools);

section 174 (time limits relating to statements of special educational needs);

section 177 (university bodies: amendment of section 29 of Leasehold Reform Act 1967);

sections 178 and 179 (framework power relating to Wales);

Schedule 1;

Part 2 of Schedule 18, and section 184 so far as relating to that Part.

3

The remaining provisions of this Act come into force in accordance with provision made by the appropriate authority (as defined by section 189) by order.

189The appropriate authority by whom commencement order is made

1

This section has effect for determining who is the appropriate authority for the purposes of section 188(3).

2

In relation to the provisions specified in subsection (3), the appropriate authority is—

a

in relation to England, the Secretary of State, and

b

in relation to Wales, the Assembly.

3

Those provisions are—

section 1 (duties in relation to high standards and fulfilment of potential);

section 4 (duty to identify children not receiving education);

in section 37 (staff at foundation or voluntary schools with religious character), subsections (1) and (2)(a);

section 38 (general duties of governing body of maintained school);

section 39 (general restriction on selection by ability);

section 40 (code for school admissions);

section 43 (duty of governing body to implement decisions relating to admissions);

section 44 (prohibition on interviews);

section 45 (admission arrangements for schools with religious character: consultation and objections);

section 47 (objections to admission arrangements);

section 53 (schools with pre-1998 arrangements for selection by ability or aptitude);

section 55 (right of sixth-form pupils to be excused from attendance at religious worship);

section 56 (charges for music tuition);

section 57 (school funding);

Chapter 1 of Part 7 (school discipline);

sections 97, 98 and 99 (parenting contracts and parenting orders);

section 102 (reintegration interviews);

section 108 (removal of excluded pupils to designated premises);

section 164 (provision of information about children receiving funded education outside school);

section 165 (power of members of staff of further education institutions to use force);

section 166 (collaboration arrangements: maintained schools and further education bodies);

section 167 (consultation with young pupils);

sections 169 to 171 (prohibition on participation in management of independent schools);

section 173 (special educational needs co-ordinators);

Schedule 5.

4

In relation to the provisions specified in subsection (5), the appropriate authority is the Assembly.

5

Those provisions are—

section 156 (removal of duty to inspect performance of certain Assembly functions);

section 175 (miscellaneous amendments relating to Wales);

Schedule 17;

the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004 (c. 31), and section 184 so far as relating to that repeal.

6

In relation to a repeal contained in Part 6 of Schedule 18, and section 184 so far as relating to such a repeal, the appropriate authority is the appropriate authority for the purposes of section 188(3) in relation to the provision on which the repeal is consequential.

7

In relation to the other provisions to which section 188(3) applies, the appropriate authority is the Secretary of State.

190Extent

1

Subject to subsections (2) and (3), this Act extends to England and Wales only.

2

The following provisions extend also to Scotland and Northern Ireland—

section 162;

sections 181 and 182;

sections 185 to 189, this section and section 191.

3

Any amendment or repeal made by this Act, other than any amendment made by paragraph 2 of Schedule 10, has the same extent as the enactment amended or repealed.

191Short title

1

This Act may be cited as the Education and Inspections Act 2006.

2

This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.

SCHEDULES

SCHEDULE 1Amendments related to section 6

Section 6

1Disability Discrimination Act 1995 (c. 50)

1

In paragraph 1 of Schedule 4C to the Disability Discrimination Act 1995 (modifications of Chapter 2 of Part 4 of the Act where further education etc. is provided by an LEA), the substituted section 28R is amended as follows.

2

For subsection (12) substitute—

12

“Recreational or training facilities” means—

a

in the case of a local education authority in England, any facilities secured by the authority under section 507A or 507B of the Education Act 1996 (functions of LEAs in England in respect of recreation etc), and

b

in the case of a local education authority in Wales, any facilities secured by the authority under subsection (1), or provided by them under subsection (1A), of section 508 of that Act (functions of LEAs in Wales in respect of recreation and social and physical training).

Education Act 1996 (c. 56)

approve any of the proposals without modification, or

c

approve any of the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

4

In any other case, the authority may—

a

reject the proposals,

b

approve the proposals without modification, or

c

approve the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

5

Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

6

When deciding whether or not to give any approval under this paragraph, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

9Consideration of proposals that are related to other proposals

1

The requirement to consider proposals under paragraph 8 only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined by the Secretary of State but have not yet been determined by him.

2

Where proposals under section 7, 10, 11 or 15 appear to the relevant authority to be related to—

a

other proposals published under any of those sections and not yet determined, or

b

proposals published under Schedule 7 to the Learning and Skills Act 2000 (c. 21) and not yet determined,

the authority must consider the proposals together.

3

In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

10Duty to refer to adjudicator certain proposals made by or involving relevant authority

1

The relevant authority must refer to the adjudicator, within a prescribed time—

a

all the proposals published under section 7 in response to a notice under that section, if they consist of or include any proposals which—

i

are made by the relevant authority, or

ii

relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);

b

any proposals under section 10 or 11 which—

i

are made by the relevant authority, or

ii

relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2).

2

A foundation falls within this sub-paragraph if it is to be established otherwise than under SSFA 1998 and any of the following applies—

a

the relevant authority or any person appointed by the relevant authority is to be a member of the foundation,

b

any person appointed by the relevant authority is to be a charity trustee (within the meaning of the Charities Act 1993 (c. 10)) of the foundation, or

c

any voting rights in the foundation are to be exercisable by the relevant authority or persons appointed by the relevant authority.

3

Regulations may make provision for the making by the relevant authority to the adjudicator of objections to any proposals which are required to be referred to the adjudicator under this paragraph.

11Duty to refer proposals to adjudicator in prescribed cases

Regulations may make provision requiring the relevant authority in prescribed cases to refer to the adjudicator within a prescribed time proposals requiring consideration under paragraph 8 (or in the case of proposals under section 7 all the proposals requiring consideration under that paragraph), together with any comments made on the proposals (or in the case of proposals under section 7, any of the proposals) by the authority.

12Duty to refer proposals to adjudicator in pursuance of direction by Secretary of State

1

The Secretary of State may at any time give a direction to a local education authority requiring them to refer to the adjudicator by a specified time—

a

any proposals which have been published by the authority under section 7 but which, at the time when the direction is given, have not been determined by the authority, and

b

all subsequent proposals published by the authority under that section until the direction is revoked,

together with any comments made on any of the proposals by the authority.

2

Where a direction under sub-paragraph (1) is given to a local education authority at a time when the authority are considering proposals which consist of or include proposals published under section 7 to establish an Academy, the authority must complete any consultation required by paragraph 18 before referring the proposals to the adjudicator.

3

References in this paragraph to the determination of any proposals are references to—

a

a determination whether or not to approve the proposals under paragraph 8, or

b

where by virtue of paragraph 7(2) the proposals fall to be dealt with under paragraph 19, a determination under paragraph 19 whether or not to implement the proposals.

13Duty to refer proposals to adjudicator where determination delayed

If by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(3) or (4), they must within a prescribed time refer to the adjudicator—

a

in the case mentioned in paragraph 8(3), all the proposals published under section 7, and

b

in the case mentioned in paragraph 8(4), the proposals concerned,

together with any comments made on the proposals by the authority.

14Reference to adjudicator at request of aggrieved person after determination under paragraph 8(4)

1

The relevant authority must if so requested within a prescribed time by any relevant person refer to the adjudicator within a prescribed time any proposals under section 10, 11 or 15 which the relevant authority have determined under paragraph 8(4), together with any reasons given by the authority for their determination.

2

The following are relevant persons for the purposes of sub-paragraph (1)—

a

the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the relevant authority;

b

the bishop of any diocese of the Roman Catholic Church any part of which is comprised in the area of the relevant authority;

c

in the case of proposals made under section 10 or 11 by a person other than the relevant authority and rejected by the authority under paragraph 8(4)(a), the proposers;

d

in the case of proposals published under section 15, the governing body or trustees of any foundation, voluntary or foundation special school which is the subject of the proposals;

e

where the proposals relate to a school or proposed school providing education for persons aged 14 years or over, the Learning and Skills Council for England.

15Duty to refer related proposals

Where the relevant authority are required under any of paragraphs 10 to 14 or under Schedule 7 to the Learning and Skills Act 2000 to refer any proposals (“the relevant proposals”) to the adjudicator, the authority must also within a prescribed time refer to the adjudicator—

a

any other proposals under section 7, 10, 11 or 15 which relate to the area of the relevant authority and which by virtue of paragraph 9(2) fall to be considered with the relevant proposals, and

b

where the relevant proposals are referred to the adjudicator by virtue of paragraph 14, any other proposals under section 10, 11 or 15 which by virtue of paragraph 9(2) were determined by the relevant authority with the relevant proposals.

16Withdrawal of proposals before determination

1

Nothing in paragraph 8(1) to (4) prevents the proposers by whom any proposals have been made from withdrawing those proposals by notice in writing—

a

to the relevant authority, and

b

in a case where the proposals have been referred to the adjudicator, also to the adjudicator,

at any time before the proposals are determined under paragraph 8 by the authority or by the adjudicator.

2

Nothing in paragraph 8(1) to (4) prevents the relevant authority from withdrawing any proposals made by the authority themselves by notice in writing to the adjudicator at any time before the proposals are determined under paragraph 8 by the adjudicator.

17Effect of referring proposals to adjudicator

1

Where any proposals are referred to the adjudicator under any provision of this Part of this Schedule—

a

he must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh,

b

the following provisions of paragraph 8 apply to him in connection with his decision on the proposals as they apply to the relevant authority—

i

sub-paragraph (3) or (4) (as the case requires), and

ii

sub-paragraphs (5) and (6), and

c

paragraph 9 applies to him as it applies to the relevant authority.

2

The revocation of a direction under paragraph 12(1) does not affect the determination by the adjudicator of any proposals referred to him before the revocation.

18Proposals to establish Academy

1

Regulations may provide that, where proposals published under section 7 consist of or include proposals to establish an Academy, the relevant authority must within the prescribed period consult the Secretary of State in accordance with regulations, before taking any decision under paragraph 8.

2

The relevant authority may not approve under paragraph 8 proposals to establish an Academy unless the Secretary of State, on being consulted under sub-paragraph (1), has indicated in accordance with regulations that, if the proposals were approved, he would be willing to commence negotiations with a view to entering into an agreement under section 482 of EA 1996 for the establishment of an Academy.

3

If—

a

the proposals have been referred to the adjudicator under paragraph 10, 11, 12, 13 or 15, or

b

a direction under paragraph 12(1) is in force in relation to the relevant authority and the case does not fall within paragraph 12(2),

the reference in sub-paragraph (1) to the authority is to be read as a reference to the adjudicator.

4

Sub-paragraph (2) has effect in relation to a decision of an adjudicator under paragraph 8 as it has effect in relation to a decision of the relevant authority under that paragraph.

5

Approval under paragraph 8 by the relevant authority or the adjudicator of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, an agreement under section 482 of EA 1996.

19Determination whether to implement proposals not requiring consideration under paragraph 8

1

Where any proposals have been made under section 15 by the relevant authority and paragraph 7 does not require the proposals to be considered under paragraph 8, the authority must (subject to the following provisions of this paragraph) determine whether the proposals should be implemented.

2

Any determination under sub-paragraph (1) must be made within a prescribed period.

3

The requirement to make a determination under sub-paragraph (1) only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined by the Secretary of State but have not yet been determined by him.

4

c

the adjudicator,

to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.

Part 3Implementation of proposals

21Requirement to implement proposals

1

Where—

a

any proposals have been approved under paragraph 8, or

b

the relevant authority have determined under paragraph 19 to implement any proposals,

then (subject to the following provisions of this paragraph) the proposals must be implemented, in the form in which they were so approved or determined, in accordance with this Part of this Schedule.

2

The relevant authority may, at the request of the proposers who made the proposals referred to in sub-paragraph (1), or, where the proposals were made by the authority themselves, on their own initiative—

a

modify the proposals after consulting such persons as may be prescribed, and

b

where any approval was given in accordance with paragraph 8(5), specify a later date by which the event in question must occur.

3

If, after consulting such persons as may be prescribed, the relevant authority are satisfied—

a

that implementation of the proposals would be unreasonably difficult, or

b

that circumstances have so altered since approval was given under paragraph 8 that implementation of the proposals would be inappropriate,

the authority may determine that sub-paragraph (1) is to cease to apply to the proposals.

4

The relevant authority may only make a determination under sub-paragraph (3) where proposals that they should do so have been published, in accordance with regulations, by the authority or proposers who made the proposals referred to in sub-paragraph (1); and regulations may provide for any of the provisions of sections 7 to 12, sections 15 and 16 and Parts 1 and 2 of this Schedule to have effect in relation to any such further proposals with or without modifications.

5

The relevant authority must in prescribed cases refer to the adjudicator by a prescribed time any matter which would otherwise fall to be determined by the authority under this paragraph.

6

If by the end of such period as may be prescribed the relevant authority have failed to take any step required by this paragraph, the authority must refer the matter to the adjudicator by the prescribed time.

7

Where any matter is referred to the adjudicator under this paragraph—

a

the relevant authority may refer to the adjudicator with the matter their comments on it,

b

the adjudicator must consider the matter afresh, and

c

such of the provisions of sub-paragraphs (2) to (4) above as are relevant shall apply to him in connection with his decision on that matter as they apply to the authority.

22Proposals not falling to be implemented

1

Where, by virtue of paragraph 21(3), paragraph 21(1) ceases to apply to any proposals, those proposals are to be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.

2

Where—

a

any approval under paragraph 8 was given in accordance with paragraph 8(5), and

b

the event specified under paragraph 8(5) does not occur by the date in question (whether as specified under that provision or as specified under paragraph 21(2)(b)),

paragraph 21(1) ceases to apply to the proposals.

3

Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the relevant authority under paragraph 8 and not referred to the adjudicator, those proposals must be considered afresh by the authority under that paragraph.

4

Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the adjudicator under paragraph 8, those proposals must be considered afresh by him under that paragraph (and paragraph 17 applies accordingly).

23Proposals relating to community schools, community special schools or maintained nursery schools

1

This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a community school, a community special school or a maintained nursery school or to a proposed such school.

2

The proposals must be implemented by the relevant authority.

24Proposals relating to foundation or voluntary controlled schools

1

This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a foundation or voluntary controlled school or a proposed such school.

2

Proposals made by the relevant authority must be implemented by the authority.

3

Proposals made by proposers (including, in particular, such proposals so far as relating to the provision of the site for a proposed school) must be implemented by the relevant authority and by the proposers, respectively, to such extent as the proposals provide for each of them to do so.

were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school), and

ii

(if it was a foundation or voluntary school) were not provided by the authority.

the determination is made by the adjudicator, and

b

he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

9

Sub-paragraph (5) is to apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to SSFA 1998 to that sum.

10

In this paragraph—

“the relevant purposes” means—

in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts, and

in relation to a transfer to a school’s governing body, the purposes of the school;

“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

29Grants in respect of certain expenditure relating to proposed voluntary aided school

1

This paragraph applies where any proposers are required by virtue of paragraph 25(2) to implement proposals involving the establishment of a new voluntary aided school.

2

Paragraph 5 of Schedule 3 to SSFA 1998 applies in relation to the new school as it applies in relation to an existing voluntary aided school.

3

In the application of that paragraph in relation to a new voluntary aided school—

a

the references to the governing body, in relation to any time before the governing body are constituted, are to be read as references to the proposers;

b

where requirements are imposed in relation to grant paid by virtue of this paragraph to the proposers, the requirements must be complied with by the governing body, when they are constituted, as well as by the proposers.

30Assistance for proposers of proposed voluntary aided school

A local education authority may give to persons required by virtue of paragraph 25(2) to implement proposals involving the establishment of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.

31Duty to transfer interest in premises provided under paragraph 30

1

Where assistance under paragraph 30 consists of the provision of any premises for use for the purposes of a school, the local education authority must transfer their interest in the premises—

a

to the trustees of the school to be held on trust for the purposes of the school, or

b

if the school has no trustees, to the school’s foundation body, to be held by that body for the relevant purposes.

2

If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it must be made to such persons as the adjudicator thinks proper.

3

The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

4

In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.

SCHEDULE 3Amendments relating to school organisation

Section 30

1Local Government Act 1972 (c. 70)

In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176), omit subsection (1A)(b) (which relates to school organisation committees).

2Local Government Act 1974 (c. 7)

In section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)—

a

omit paragraph (a) (which relates to school organisation committees), and

b

in paragraph (c), for “that Act” substitute “the School Standards and Framework Act 1998”.

3Sex Discrimination Act 1975 (c. 65)

In section 27 of the Sex Discrimination Act 1975 (exception for single-sex establishments turning co-educational) for subsection (1A) substitute—

1A

Without prejudice to subsection (1), a transitional exemption order may be made—

a

in accordance with regulations made by virtue of section 21(5) of the Education and Inspections Act 2006 (which relates to the alteration of maintained schools in England), or

b

in accordance with paragraph 21 or 22 of Schedule 6 or paragraph 16 or 17 of Schedule 7 to the School Standards and Framework Act 1998 (which relate to the alteration of maintained schools and the rationalisation of school places in Wales).

Diocesan Boards of Education Measure 1991 (No. 2)

4

1

Section 3 of the Diocesan Boards of Education Measure 1991 (transactions for which advice or consent of the Board is required) is amended as follows.

2

In subsection (1)—

a

for paragraphs (a) and (b) substitute—

a

publishing proposals for any prescribed alteration to the school—

i

in the case of a school in England, under section 19(3) of the Education and Inspections Act 2006 (“the 2006 Act”), or

ii

in the case of a school in Wales, under section 28(2)(b) of the School Standards and Framework Act 1998 (“the 1998 Act”);

b

publishing proposals for the discontinuance of the school—

i

in the case of a school in England, under section 15(2) of the 2006 Act, or

ii

in the case of a school in Wales, under section 29(2) of the 1998 Act;

b

in paragraphs (c) and (cc) for “that Act” substitute “the 1998 Act”, and

c

for paragraph (d) substitute—

d

in the case of a school in Wales, publishing proposals for changing the category of the school under paragraph 2 or 3 of Schedule 8 to the 1998 Act; or

3

After subsection (1) insert—

1A

The governing body of a church school in England shall not, unless it has obtained the consent in writing of the Board for the diocese in which the school is situated, publish proposals under section 19 of the 2006 Act—

a

where the school is a voluntary school, for a change of category to foundation school, or

b

where the school is a foundation school, for a change in the instrument of government which results in the majority of governors being foundation governors.

1B

Subsection (1)(a)(i) does not apply in any case where by virtue of subsection (1A) the consent of the Board is required.

4

In subsection (6), for “subsection (2)” substitute “subsection (1A) or (2)”.

5

1

Section 7 of the Diocesan Boards of Education Measure 1991 (powers of Board to give directions to governing bodies of voluntary aided church schools) is amended as follows.

2

In subsection (1) for paragraphs (a) to (c) substitute—

a

the making of any prescribed alteration to the school—

i

in the case of a school in England, under Part 2 of the Education and Inspections Act 2006 (“the 2006 Act”), or

ii

in the case of a school in Wales, under Chapter 2 of Part 2 of the School Standards and Framework Act 1998 (“the 1998 Act”), or

b

the discontinuance of the school—

i

in the case of a school in England, under Part 2 of the 2006 Act or section 30 of the 1998 Act, or

ii

in the case of a school in Wales, under Chapter 2 of Part 2 of the 1998 Act, or

c

in the case of a school in Wales, changing the school’s category in accordance with paragraph 2 or 3 of Schedule 8 to the 1998 Act,

3

In subsection (1A), for “under paragraph 2 or 3 of Schedule 8 to that Act” substitute “under section 19(3) of the 2006 Act or paragraph 2 or 3 of Schedule 8 to the 1998 Act”.

4

In subsection (3)—

a

in paragraph (a), for “under section 28(2)(b) of the School Standards and Framework Act 1998” substitute “under section 19(3) of the 2006 Act or section 28(2)(b) of the 1998 Act”,

b

in paragraph (b)—

i

at the beginning insert “in the case of a school in Wales”, and

ii

for “that Act” substitute “the 1998 Act”, and

c

for “the provisions of that Act” substitute “the provisions of the 1998 Act and the 2006 Act”.

6Further and Higher Education Act 1992 (c. 13)

1

Section 58 of the Further and Higher Education Act 1992 (reorganisation of schools involving establishment of further education corporation) is amended as follows.

2

In subsection (3), for paragraph (b) substitute—

b

a prescribed alteration within the meaning of the relevant school organisation provision has been made to the school,

3

After that subsection insert—

4

In subsection (3)(b) “the relevant school organisation provision” means—

a

in relation to England, section 18 of the Education and Inspections Act 2006, and

b

in relation to Wales, section 28 of the School Standards and Framework Act 1998.

Education Act 1996 (c. 56)

7

1

Section 5 of EA 1996 (primary schools, secondary schools and middle schools) is amended as follows.

2

For subsection (3) substitute—

3

In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—

a

have attained a specified age below 10 years and six months, and

b

are under a specified age above 12 years.

3A

The enactments mentioned in subsection (3) are—

a

in relation to England—

i

section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,

ii

section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and

iii

section 7, 10, 11 or 19 of the Education and Inspections Act 2006;

b

in relation to Wales, section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998.

8

In section 332B of EA 1996 (resolution of disputes), in subsection (8)(c), for “a city academy” substitute “an Academy”.

9

1

Section 394 of EA 1996 (determination of cases in which requirement for Christian collective worship is not to apply) is amended as follows.

2

In subsection (8), for “(by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)” substitute “(by virtue of the relevant enactments)”.

3

After that subsection insert—

9

In subsection (8) “the relevant enactments” means—

a

in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

b

in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.

10

1

Section 529 of EA 1996 (power to accept gifts on trust for educational purposes) is amended as follows.

2

After subsection (1) insert—

1A

Any intention on the part of a local education authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 10 and 11 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.

3

In subsection (2)—

a

after “local education authority” insert “in Wales”,

b

omit “(other than a nursery school or a special school)”, and

c

for the words from “the purposes of” to the end substitute “for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales: procedure and implementation) shall apply accordingly.”

4

In subsection (3)—

a

after “subsection” insert “(1A) or”, and

b

at the end insert “, a community special school or a maintained nursery school.”

11

1

Section 530 of EA 1996 (compulsory purchase of land) is amended as follows.

2

In subsection (1), for paragraph (c) substitute—

c

is required for the purposes of an Academy (whether established or to be established).

3

In subsection (3), for the words from “borne by them” to the end substitute

borne by them—

a

in the case of an authority in England, under paragraph 7(1) of Schedule 7A to the Learning and Skills Act 2000 (power to give assistance in relation to carrying out of obligations under that Schedule) or under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a local education authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or

b

in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment).

12

1

In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as follows.

2

In sub-paragraph (2)(b), for the words from “published” onwards substitute “published under section 7 of the Education and Inspections Act 2006 (invitation for proposals for establishment of new schools) as a possible site for a new school”.

3

In sub-paragraph (3)(d), for the words from “published” onwards substitute “published under section 7 of the Education and Inspections Act 2006”.

School Standards and Framework Act 1998 (c. 31)

13

1

Section 20 of SSFA 1998 (new categories of maintained schools) is amended as follows.

2

In subsection (2), for “Schedule 8”, wherever occurring, substitute “the change of category provisions”.

3

After subsection (2) insert—

2A

In subsection (2) “the change of category provisions” means—

a

in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and

b

in the case of a school in Wales, Schedule 8 to this Act.

14

In section 21 of SSFA 1998 (kinds of foundation and voluntary schools and types of foundations), in subsection (6)—

a

in paragraph (a), after “Schedule 8” insert “or under section 19 of the Education and Inspections Act 2006”,

b

in paragraph (f)—

i

in sub-paragraph (i), after “Schedule 8” insert “or under section 19 of the Education and Inspections Act 2006”,

ii

in sub-paragraph (ii), after “that paragraph” insert “or that section”, and

iii

in sub-paragraph (iii), after “voluntary school” insert “in Wales”,

c

in paragraph (h), after “his consent” insert “or to the disposal of which paragraph A9 of Schedule 22 would apply”, and

d

in paragraph (i), omit “school organisation committees and”.

15

In section 22 of SSFA 1998 (maintenance and other funding of schools) for subsection (2) substitute—

2

Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.

16

In section 25 of SSFA 1998 (adjudicators), in subsection (2), for “or Part 2 of the Education Act 2005” substitute “or Part 2 of the Education and Inspections Act 2006”.

17

Omit section 27 of SSFA 1998 (power to require committees or adjudicators for Wales).

In subsection (9), omit “subsection (6) and”.

10

In the heading, after “voluntary school” insert “in Wales”.

19

Omit section 28A of SSFA 1998 (proposals for establishment of community, foundation or voluntary school maintained by English local education authority).

20

1

Section 29 of SSFA 1998 (proposals for discontinuance of community, foundation, voluntary of maintained nursery school) is amended as follows.

2

In subsection (1), after “local education authority” insert “in Wales”.

3

In subsection (2), after “voluntary school” insert “in Wales”.

4

In subsection (4A), for “Secretary of State” substitute “Assembly”.

5

In subsection (4B)—

a

omit paragraph (c), and

b

in paragraph (d), omit “parish council or”.

6

In subsection (4D), for “Secretary of State” substitute “Assembly”.

7

Omit subsection (5).

8

In subsection (6)—

a

omit the words from the beginning to “in Wales,”,

b

in paragraph (a), for “the published proposals” substitute “any proposals published under this section”, and

c

for “Secretary of State” substitute “Assembly”.

9

In subsection (7), omit “(for both England and Wales)”.

10

In subsection (8), omit “subsection (5) and”.

11

In subsection (9A), for “Secretary of State” substitute “Assembly”.

12

In the heading, after “nursery school” insert “in Wales”.

21

In section 30 of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school) for subsection (9) substitute—

9

Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school—

a

sections 29 and 33 of this Act (which relate to Wales), and

b

sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).

22

In the italic heading before section 31 of SSFA 1998, for “LEAs” substitute “LEAs in Wales”.

23

1

Section 31 of SSFA 1998 (proposals for establishment, alteration or discontinuance of community or foundation special school) is amended as follows.

2

In subsection (1), after “local education authority” insert “in Wales”.

3

In subsection (2), after “special school” insert “in Wales”.

4

In subsection (4C), for “Secretary of State” substitute “Assembly”.

5

Omit subsection (5).

6

In subsection (6)—

a

omit the words from the beginning to “in Wales,”,

b

in paragraph (a), for “the proposals” substitute “any proposals published under this section”, and

c

for “Secretary of State” substitute “Assembly”.

7

In subsection (7), omit “(5) or”.

8

In subsection (8), omit “(for both England and Wales)”.

9

In the heading, after “special school” insert “in Wales”.

24

1

Section 32 of SSFA 1998 (direction requiring discontinuance of community or foundation special school) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “Assembly”,

b

for “he” substitute “it”, and

c

after “special school” insert “in Wales”.

3

In subsection (3)—

a

for “Secretary of State” (in both places) substitute “Assembly”, and

b

in paragraph (b), for “his” substitute “its”.

4

In subsection (4), for “Secretary of State” substitute “Assembly”.

5

In the heading, after “special school” insert “in Wales”.

25

1

Section 33 of SSFA 1998 (further provisions relating to establishment, alteration or discontinuance of schools) is amended as follows.

2

In subsection (1), in paragraphs (a) and (c), after “school” insert “in Wales”.

3

In subsection (2), after “school” insert “in Wales”.

4

In subsection (4), omit “28A,”.

5

In subsections (5) and (6), after “maintained school” insert “in Wales”.

6

In the heading, after “schools” insert “in Wales”.

26

1

Section 35 of SSFA 1998 (school changing from one category to another) is amended as follows.

2

In subsection (1)—

a

after “maintained school” (in both places) insert “in Wales”, and

b

in paragraph (b), after “aided school” insert “in Wales”.

3

In the heading, after “School” insert “in Wales”.

27

1

Section 79 of SSFA 1998 (stamp duty) is amended as follows.

2

In subsection (1)—

a

omit the word “or” at the end of paragraph (b), and

b

at the end of paragraph (c) insert

, or

d

any regulations made under section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section.

3

In subsection (3), for “subsection (1)” substitute “subsection (1)(a) to (c)”.

28

In section 82 of SSFA 1998 (modification of trust deeds), in subsection (1), for “or the Education Act 2002” substitute “, the Education Act 2002 or the Education and Inspections Act 2006”.

for “section 28” substitute “section 19 of the 2006 Act”, and

b

for “paragraph 5 or 10 of Schedule 6” substitute “regulations under section 24 of that Act”.

5

After subsection (5) insert—

6

In this section “the 2006 Act” means the Education and Inspections Act 2006.

30

In section 143 of SSFA 1998 (index)—

a

in the entry beginning “promoters”—

i

after “Part II” insert “in relation to Wales”, and

ii

omit “or 28A(2)”, and

b

omit the entry beginning “school organisation committee”.

31

1

Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools) is amended as follows.

2

In paragraph 2(2), for paragraph (a) substitute—

a

apply in relation to the provision of any site or buildings which—

i

in the case of a school in England, the authority or the person by whom any proposals were made are required to provide by virtue of Part 3 of Schedule 2 to the Education and Inspections Act 2006 (provision of premises in connection with proposals for establishment of school) or by virtue of regulations under section 24 of that Act (implementation of proposals for alteration of school), or

ii

in the case of a school in Wales, the authority or promoters are required to provide by virtue of Part 3 of Schedule 6 (provision of premises in connection with statutory proposals); or

3

At the beginning of Part 2 insert—

2AInterpretation of Part

In this Part of this Schedule “promoters”, in relation to a school in England, means persons who are for the purposes of Schedule 2 to the Education and Inspections Act 2006 the proposers in relation to proposals for the establishment of the school.

32

In Schedule 5 to SSFA 1998 (adjudicators), in paragraph 5(1) for “or under Part 2 of the Education Act 2005” substitute “or under Part 2 of the Education and Inspections Act 2006”.

after sub-paragraph (3) insert—

4

In this paragraph—

“the 1975 Act” means the Sex Discrimination Act 1975,

“make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,

“the responsible body” has the same meaning as in section 22 of the 1975 Act, and

“transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admission arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).

34

In Schedule 8 to SSFA 1998 (changes of category of school), in paragraph 5(1), for “Secretary of State” substitute “Assembly”.

Learning and Skills Act 2000 (c. 21)

35

In section 113 of the Learning and Skills Act 2000 (sixth forms requiring significant improvement), in subsection (3)(b) omit “, any school organisation committee”.

36

In section 113A of the Learning and Skills Act 2000 (restructuring of sixth-form education), in subsection (4)—

a

in paragraph (a), after “local education authority” insert “in Wales”, and

b

after that paragraph insert—

aa

the establishment by a local education authority in England of one or more new foundation or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);

37

Schedule 7 to the Learning and Skills Act 2000 (sixth forms requiring significant improvement) is amended as follows.

38

For paragraph 17 substitute —

17

The Council shall send a copy of the published proposals—

a

to the local education authority who maintain the school, and

b

in the case of a community or foundation special school, to such other persons as may be prescribed.

39

For paragraph 25 substitute —

25

The Council shall send a copy of the published proposals—

a

to the local education authority who maintain the school, and

b

in the case of a community or foundation special school, to such other persons as may be prescribed.

40

1

Paragraph 32 is amended as follows.

2

In sub-paragraph (2)—

a

after the definition of “the Council” insert—

“the local education authority” means the local education authority who maintain the school to which the proposals relate;

b

omit the definition of “the school organisation committee”.

3

Omit sub-paragraph (3).

41

In paragraph 33(b), for “school organisation committee” substitute “local education authority”.

42

In paragraph 34, for “school organisation committee” substitute “local education authority”.

43

1

Paragraph 35 is amended as follows.

2

For sub-paragraph (1) substitute—

1

The local education authority must consider the proposals and, subject to subsection (2), may —

a

reject them,

b

approve them without modification,

c

approve them subject to modifications.

1A

The authority—

a

may, if they think it appropriate to do so and subject to regulations, refer the proposals to the adjudicator, and

b

must do so in prescribed cases.

3

In sub-paragraphs (2) and (3), for “school organisation committee” substitute “local education authority”.

4

Omit sub-paragraphs (5) and (6).

5

In sub-paragraph (7)(b), for “committee” substitute “local education authority”.

6

In sub-paragraph (8)—

a

for “school organisation committee” substitute “local education authority”, and

b

for “the committee” substitute “the authority”.

44

In paragraph 36, in sub-paragraphs (2) and (3), for “school organisation committee” substitute “local education authority”.

45

For paragraph 37 substitute—

37

1

The local education authority—

a

may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any question which would otherwise fall to be determined by the authority under paragraph 36, and

b

in prescribed cases, must refer to the adjudicator any such matter.

2

Where a question is referred to the adjudicator—

a

he shall consider the matter afresh, and

b

for that purpose, paragraph 36 applies to him as it applies to the committee.

46

In Schedule 7A to the Learning and Skills Act 2000, for paragraphs 5 to 7 substitute—

5

1

Where a local education authority in England are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 28 of Schedule 2 to the Education and Inspections Act 2006 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

2

Where a local education authority in Wales are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

6

1

In relation to England, where the governing body of a voluntary aided school are required by paragraph 3(3)(b) of this Schedule to implement proposals to make an alteration to the school, paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants by Secretary of State in respect of expenditure on premises and equipment) applies in relation to the school.

2

In relation to Wales, paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.

7

1

A local education authority in England may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation imposed on the governing body under this Schedule.

2

Paragraph 31 of Schedule 2 to the Education and Inspections Act 2006 applies in relation to assistance under sub-paragraph (1) as it applies in relation to assistance under paragraph 30 of that Schedule.

3

In relation to Wales, paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly.

Education Act 2002 (c. 32)

47

1

Section 129 of EA 2002 (transfer of employment) is amended as follows.

2

In subsection (1)(a), for the words from “section” to “1998” substitute “the relevant school organisation provisions (as defined by subsection (6))”.

3

After subsection (5) insert—

6

In subsection (1)(a) “the relevant school organisation provisions” means—

a

in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and

b

in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998.

48

In Schedule 1 to EA 2002 (incorporation and powers of governing body), in paragraph 5 (dissolution of governing body) for sub-paragraph (2) substitute—

2

In this paragraph “the discontinuance date” means—

a

in relation to a school in England, whichever of the following is relevant—

i

the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 or under Schedule 7 or 7A to the Learning and Skills Act 2000,

ii

the date on which the school is discontinued under section 30 of the 1998 Act, or

iii

the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006;

b

in relation to a school in Wales, whichever of the following is relevant—

i

the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000,

ii

the date on which the school is discontinued under section 30 of the 1998 Act, or

iii

the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act.

Education Act 2005 (c. 18)

49

Omit sections 64 to 67 of EA 2005 (which relate to school organisation in England).

50

1

Section 68 of EA 2005 (proposals for establishment of federated school) is amended as follows.

2

At the end of the heading insert “in Wales”.

3

In subsection (1)—

a

in paragraph (a), omit “, 28A”,

b

at the end of paragraph (b), insert “or”, and

c

omit paragraphs (d) and (e).

51

In section 69 of EA 2005 (LEA not to establish school on opposite side of Welsh border), omit paragraph (a).

52

Omit section 73 of EA 2005 (interpretation of Part 2).

53

Omit Schedules 10 and 11 to EA 2005 (which relate to school organisation in England).

SCHEDULE 4Disposals and changes of use of land

Section 36

Part 1Amendments to Schedule 22 to SSFA 1998

1

Schedule 22 to SSFA 1998 (disposal of land by foundation, voluntary or foundation special schools and disposals on discontinuance) is amended as follows.

2

Before Part 1 of the Schedule insert—

Part A1Foundation, voluntary and foundation special schools in england: disposals of land

Disposal of land by governing body of foundation, voluntary or foundation special school

A1

1

This paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school in England of—

a

any land acquired under a transfer under section 201(1)(a) of the Education Act 1996,

b

any land acquired under any of the following—

paragraph 2 of Schedule 3;

paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;

any regulations made under paragraph 5 of Schedule 8;

paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),

c

any land acquired under any regulations made under—

section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section, or

section 27 of that Act by virtue of subsection (2)(b) of that section,

d

any land acquired from a foundation body,

e

any land acquired from the Funding Agency for Schools,

f

any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),

g

any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

h

any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature, or

i

any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (h).

2

But this paragraph does not apply to any disposal which—

a

is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and

b

is a disposal to the trustees of the school made on the school becoming a school with a foundation established otherwise than under this Act.

3

Sub-paragraph (1)(h) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

a

prepared an appropriate statement in relation to the expenditure, and

b

sent a copy of the statement to the governing body either before, or no later than 12 months after, the expenditure was incurred.

4

An “appropriate statement” in relation to expenditure is a statement in writing which—

a

contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

b

indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A2

1

This paragraph applies to a disposal of land to which paragraph A1 applies if, or to the extent that, it comprises a disposal of non-playing field land.

2

“Non-playing field land” means land which does not include playing fields within the meaning of section 77.

3

Accordingly, in this paragraph, paragraphs A3 to A5 and paragraph A19—

a

references to the disposal are to the disposal by the governing body of the non-playing field land, and

b

references to the land are to that non-playing field land.

4

The governing body must give the local education authority notice of their intention to dispose of the land.

5

That notification must specify—

a

the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and

b

the estimated amount of the proceeds of disposal.

6

For the purposes of this paragraph and paragraphs A3 and A4, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A1.

7

The authority may, within the requisite period, give the governing body any or all of the following—

a

notice of their objection to the disposal, giving reasons for their objection;

b

notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;

c

notice of their claim to the whole or a part of the publicly funded proceeds of disposal.

8

The “requisite period” means the period of 6 weeks beginning with the date upon which the governing body gave notification of the disposal to the authority under sub-paragraph (4).

9

A notice given under sub-paragraph (7) may be withdrawn at any time by the authority giving the governing body notice to that effect.

10

The governing body may not make the disposal within the requisite period unless within that period—

a

the authority give the governing body notice that they relinquish any right to give notice under sub-paragraph (7)(a) in relation to the disposal, or

b

in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the relevant requirements in relation to such a notice are met.

11

If the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the governing body may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.

12

The “relevant requirements” in relation to a notice given under sub-paragraph (7)(a) are met if—

a

the adjudicator has approved the disposal on a reference made under paragraph A3(1), or

b

the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (9).

13

If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (7)—

a

notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (7)(b);

b

notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (7)(c),

the governing body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.

14

The “relevant requirements” in relation to a notice given under sub-paragraph (7)(b) are met if—

a

the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A3(2), or

b

the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (9).

15

The “relevant requirements” in relation to a notice given under sub-paragraph (7)(c) are met if—

a

the “appropriate amount” has been determined in accordance with paragraph A3(3), or

b

the authority have withdrawn notice of their claim in accordance with sub-paragraph (9).

A3

1

Where the authority give the governing body notice of their objection to the disposal in accordance with paragraph A2(7)(a), the governing body or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.

2

Where the authority give the governing body notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—

a

by agreement between the governing body and the authority, or

b

by the adjudicator where—

i

the governing body or the authority refer the matter to him for determination, and

ii

by the time of his determination the matter has not been determined by agreement between the governing body and the authority.

3

Where the authority give the governing body notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(c), the amount of those proceeds which it is appropriate for the governing body to pay to the authority (the “appropriate amount”) is to be determined—

a

by agreement between the governing body and the authority, or

b

by the adjudicator where—

i

the governing body or the authority refer the matter to him for determination, and

ii

by the time of his determination the matter has not been determined by agreement between the governing body and the authority.

4

Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the governing body or, as the case may be, the authority, must give the other notice of their intention to make the reference.

5

On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.

A4

1

This paragraph applies where the disposal is made.

2

The governing body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.

3

Where—

a

the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(c), and

b

the “appropriate amount” has been determined in accordance with paragraph A3(3) to be an amount greater than zero,

the governing body must pay the “appropriate amount” to the authority.

4

The governing body must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.

5

If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the governing body must ensure that the surplus amount is used on relevant capital expenditure.

6

The “agreed relevant capital expenditure” means—

a

in a case where—

i

no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A2(7)(b), or

ii

such a notice was so given and was then withdrawn in accordance with paragraph A2(9),

the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A2(4), and

b

in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A3(2).

7

The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A3(3).

8

Sub-paragraphs (3), (4) and (5) are subject to paragraph A2(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A2(7)(b) or (c)).

A5

1

This paragraph applies where—

a

the authority gave notice of their objection to the disposal in accordance with paragraph A2(7)(a), and

b

the adjudicator has determined that he does not approve the disposal.

2

The governing body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.

3

Before making an application under sub-paragraph (2), the governing body must give the local education authority notice of their intention to make the application.

A6

1

For the purposes of paragraphs A2 to A4, “relevant capital expenditure”, in relation to a disposal of land by the governing body of a foundation, voluntary or foundation special school, means capital expenditure in relation to the premises of—

a

the school,

b

any existing foundation, voluntary or foundation special school, city technology college, city college for the technology of the arts, or Academy, or

c

any proposed foundation, voluntary or foundation special school, or Academy.

2

For the purposes of sub-paragraph (1)(c) it is irrelevant whether proposals have yet been published under any enactment in respect of the proposed school or Academy in question.

Disposal of land by foundation body

A7

1

This paragraph applies to any disposal by a foundation body in England of—

a

any land acquired under any of the following—

paragraph 2, 4 or 9 of Schedule 3;

paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment);

paragraph 5 or 6 of Schedule 21;

paragraph 5(4B)(d) of this Schedule;

any regulations made under paragraph 5 of Schedule 8,

b

any land acquired under any of the following—

paragraph 8(5) of Schedule 8 to the Education Act 2002;

paragraph 14(5) of Schedule 10 to the Education Act 2005;

paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section;

any regulations made under section 27 of that Act by virtue of subsection (2)(b) of that section,

c

any land acquired from the governing body of a maintained school,

d

any land acquired from another foundation body,

e

any land acquired, or enhanced in value, wholly or partly by means of any grant provided by the Secretary of State on or after the appointed day other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment),

f

any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

g

any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature, or

h

any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (g).

2

A “foundation body in England” means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in England.

3

But this paragraph does not apply to any disposal which—

a

is made by a foundation body after the commencement of this sub-paragraph, and

b

is a disposal to the trustees of a foundation or foundation special school made on the school leaving the group for which the foundation body acts and becoming a school with a foundation established otherwise than under this Act.

4

Sub-paragraph (1)(g) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

a

prepared an appropriate statement in relation to the expenditure, and

b

sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred.

5

An “appropriate statement” in relation to expenditure is a statement in writing which—

a

contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

b

indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A8

1

This paragraph applies to a disposal of land to which paragraph A7 applies if, or to the extent that, it comprises a disposal of non-playing field land.

2

“Non-playing field land” means land which does not include playing fields within the meaning of section 77.

3

Accordingly, in this paragraph, paragraphs A9 to A11 and paragraph A19—

a

references to the disposal are to the disposal by the foundation body of the non-playing field land, and

b

references to the land are to that non-playing field land.

4

The foundation body must give the local education authority notice of its intention to dispose of the land.

5

That notification must specify—

a

the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and

b

the estimated amount of the proceeds of disposal.

6

For the purposes of this paragraph and paragraphs A9 and A10, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A7.

7

The authority may, within the requisite period, give the foundation body any or all of the following—

a

notice of their objection to the disposal, giving reasons for their objection;

b

notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;

c

notice of their claim to the whole or a part of the publicly funded proceeds of disposal.

8

The “requisite period” means the period of 6 weeks beginning with the date upon which the foundation body gave notification of the disposal to the authority under sub-paragraph (4).

9

A notice given under sub-paragraph (7) may be withdrawn at any time by the authority giving the foundation body notice to that effect.

10

The foundation body may not make the disposal within the requisite period unless within that period—

a

the authority give the foundation body notice that they relinquish any right to give notice under sub-paragraph (7)(a) in relation to the disposal, or

b

in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the relevant requirements in relation to such a notice are met.

11

If the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the foundation body may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.

12

The “relevant requirements” in relation to a notice given under sub-paragraph (7)(a) are met if—

a

the adjudicator has approved the disposal on a reference made under paragraph A9(1), or

b

the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (9).

13

If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (7)—

a

notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (7)(b);

b

notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (7)(c),

the foundation body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.

14

The “relevant requirements” in relation to a notice given under sub-paragraph (7)(b) are met if—

a

the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A9(2), or

b

the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (9).

15

The “relevant requirements” in relation to a notice given under sub-paragraph (7)(c) are met if—

a

the “appropriate amount” has been determined in accordance with paragraph A9(3), or

b

the authority have withdrawn notice of their claim in accordance with sub-paragraph (9).

A9

1

Where the authority give the foundation body notice of their objection to the disposal in accordance with paragraph A8(7)(a), the foundation body or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.

2

Where the authority give the foundation body notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A8(7)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—

a

by agreement between the foundation body and the authority, or

b

by the adjudicator where—

i

the foundation body refers or the authority refer the matter to him for determination, and

ii

by the time of his determination the matter has not been determined by agreement between the foundation body and the authority.

3

Where the authority give the foundation body notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A8(7)(c), the amount of those proceeds which it is appropriate for the foundation body to pay to the authority (the “appropriate amount”) is to be determined—

a

by agreement between the foundation body and the authority, or

b

by the adjudicator where—

i

the foundation body refers or the authority refer the matter to him for determination, and

ii

by the time of his determination the matter has not been determined by agreement between the foundation body and the authority.

4

Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the foundation body or, as the case may be, the authority, must give the other notice of its or their intention to make the reference.

5

On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.

A10

1

This paragraph applies where the disposal is made.

2

The foundation body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.

3

Where—

a

the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A8(7)(c), and

b

the “appropriate amount” has been determined in accordance with paragraph A9(3) to be an amount greater than zero,

the foundation body must pay the “appropriate amount” to the authority.

4

The foundation body must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.

5

If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the foundation body must ensure that the surplus amount is used on relevant capital expenditure.

6

The “agreed relevant capital expenditure” means—

a

in a case where—

i

no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A8(7)(b), or

ii

such a notice was so given and was then withdrawn in accordance with paragraph A8(9),

the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A8(4), and

b

in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A9(2).

7

The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A9(3).

8

Sub-paragraphs (3), (4) and (5) are subject to paragraph A8(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A8(7)(b) or (c)).

A11

1

This paragraph applies where—

a

the authority gave notice of their objection to the disposal in accordance with paragraph A8(7)(a), and

b

the adjudicator has determined that he does not approve the disposal.

2

The foundation body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.

3

Before making an application under sub-paragraph (2), the foundation body must give the local education authority notice of its intention to make the application.

A12

1

For the purposes of paragraphs A8 to A10, “relevant capital expenditure”, in relation to a disposal of land by a foundation body, means capital expenditure in relation to the premises of—

a

any of the schools comprising the group for which the body acts,

b

any existing foundation, voluntary or foundation special school, city technology college, city college for the technology of the arts, or Academy, or

c

any proposed foundation, voluntary or foundation special school, or Academy.

2

For the purposes of sub-paragraph (1)(c) it is irrelevant whether proposals have yet been published under any enactment in respect of the proposed school or Academy in question.

Disposal of land by trustees of foundation, voluntary or foundation special school

A13

1

This sub-paragraph applies to any disposal by the trustees of a foundation, voluntary or foundation special school in England of—

a

any land acquired under section 60, 61 or 70 of the Education Act 1996,

b

any land acquired under any of the following—

paragraph 2 of Schedule 3;

paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

paragraph 5(4B)(d) of this Schedule;

any regulations made under paragraph 5 of Schedule 8,

c

any land acquired under any of the following—

paragraph 4 or 9 of Schedule 3;

paragraph 20 of Schedule 6 (including that provision as applied by any enactment),

d

any land acquired under any of the following—

paragraph 8(5) of Schedule 8 to the Education Act 2002;

paragraph 14(5) of Schedule 10 to the Education Act 2005;

paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section,

e

any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature,

f

any land acquired from the Funding Agency for Schools,

g

any land acquired, or enhanced in value, wholly or partly by means of—

i

any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996), or

ii

any grant paid under section 216(2) of that Act,

h

any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (f) or (g),

i

any land acquired, or enhanced in value, wholly or partly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the Education Act 1996),

j

any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27, or

k

any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (j).

2

This sub-paragraph applies to any disposal by the trustees of a foundation or foundation special school in England of—

a

any land acquired by the trustees from the governing body of the school or of another foundation or foundation special school which was land—

i

acquired by the governing body under a transfer under section 201(1)(a) of the Education Act 1996,

ii

acquired by the governing body under any of the provisions mentioned in sub-paragraph (1)(b) or under paragraph 8A of this Schedule, or

iii

acquired by the governing body, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in sub-paragraph (i) or (ii), or

b

any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in sub-paragraph (1)(b).

3

This sub-paragraph applies to any disposal by the trustees of a voluntary school in England of—

a

any land acquired by the trustees from the governing body of the school which was land acquired by the governing body—

i

under a transfer under section 201(1)(a) of the Education Act 1996, or

ii

wholly or partly with the proceeds of disposal of any land so acquired,

and transferred by the governing body to be held on trust by the trustees, or

b

in the case of a school to which sub-paragraph (4) applies, any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of the Education Act 1996.

4

This sub-paragraph applies to a voluntary aided school which was, immediately before the appointed day, a controlled school within the meaning of the Education Act 1996.

5

Sub-paragraph (1)(e) does not apply in the case of any expenditure unless the authority—

a

prepared an appropriate statement in relation to the expenditure, and

b

sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.

6

An “appropriate statement” in relation to expenditure is a statement in writing which—

a

contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

b

indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

7

Where the trustees of a foundation, voluntary or foundation special school wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools the preceding provisions of this paragraph and paragraphs A14 to A16 apply (subject to the modifications specified in paragraphs A14(18), A15(5) and A16(9)) as if any such change of use of the land were a disposal of the land.

A14

1

This paragraph applies to a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies.

2

But this paragraph only applies to a disposal if, or to the extent that, it comprises a disposal of non-playing field land which does not fall within sub-paragraph (5).

3

“Non-playing field land” means land which does not include playing fields within the meaning of section 77.

4

Accordingly, in this paragraph, paragraphs A15 to A17 and paragraph A19—

a

references to the disposal are to the disposal by the trustees of the non-playing field land, and

b

references to the land are to that non-playing field land.

5

A disposal of non-playing field land falls within this sub-paragraph if it is a disposal of—

a

land acquired under section 60 or 61 of the Education Act 1996, or

b

land acquired under paragraph 2 or 4 of Schedule 3 to this Act,

by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the Education Act 1996).

6

The trustees must give the local education authority notice of their intention to dispose of the land.

7

That notification must specify—

a

the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and

b

the estimated amount of the proceeds of disposal.

8

For the purposes of this paragraph and paragraphs A15 and A16, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1), (2) or (3) of paragraph A13.

9

The authority may, within the requisite period, give the trustees any or all of the following—

a

notice of their objection to the disposal, giving reasons for their objection;

b

notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;

c

notice of their claim to the whole or a part of the publicly funded proceeds of disposal.

10

The “requisite period” means the period of 6 weeks beginning with the date upon which the trustees gave notification of the disposal to the authority under sub-paragraph (6).

11

A notice given under sub-paragraph (9) may be withdrawn at any time by the authority giving the trustees notice to that effect.

12

The trustees may not make the disposal within the requisite period unless within that period—

a

the authority give the trustees notice that they relinquish any right to give notice under sub-paragraph (9)(a) in relation to the disposal, or

b

in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (9)(a), the relevant requirements in relation to such a notice are met.

13

If the authority give notice of their objection to the disposal in accordance with sub-paragraph (9)(a), the trustees may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.

14

The “relevant requirements” in relation to a notice given under sub-paragraph (9)(a) are met if—

a

the adjudicator has approved the disposal on a reference made under paragraph A15(1), or

b

the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (11).

15

If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (9)—

a

notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (9)(b);

b

notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (9)(c),

the trustees may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.

16

The “relevant requirements” in relation to a notice given under sub-paragraph (9)(b) are met if—

a

the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A15(2), or

b

the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (11).

17

The “relevant requirements” in relation to a notice given under sub-paragraph (9)(c) are met if—

a

the “appropriate amount” has been determined in accordance with paragraph A15(3), or

b

the authority have withdrawn notice of their claim in accordance with sub-paragraph (11).

18

In its application in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, this paragraph is modified as follows—

a

in sub-paragraph (7) for paragraphs (a) and (b) substitute “the purposes for which it is proposed the land is to be used”,

b

in sub-paragraph (9)—

i

omit paragraphs (a) and (c), and

ii

in paragraph (b), for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”,

c

in sub-paragraph (15)—

i

for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and

ii

for “use the publicly funded proceeds of disposal” substitute “use the land for purposes not connected with the provision of education in maintained schools”, and

d

in sub-paragraph (16)—

i

for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has” substitute “purposes for which the land is to be used have”, and

ii

for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”.

A15

1

Where the authority give the trustees notice of their objection to the disposal in accordance with paragraph A14(9)(a), the trustees or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.

2

Where the authority give the trustees notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A14(9)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—

a

by agreement between the trustees and the authority, or

b

by the adjudicator where—

i

the trustees or the authority refer the matter to him for determination, and

ii

by the time of his determination the matter has not been determined by agreement between the trustees and the authority.

3

Where the authority give the trustees notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A14(9)(c), the amount of those proceeds which it is appropriate for the trustees or their successors to pay to the authority (the “appropriate amount”) is to be determined—

a

by agreement between the trustees and the authority, or

b

by the adjudicator where—

i

the trustees or the authority refer the matter to him for determination, and

ii

by the time of his determination the matter has not been determined by agreement between the trustees and the authority.

4

Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the trustees or, as the case may be, the authority, must give the other notice of their intention to make the reference.

5

On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.

6

In the application of this paragraph in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, sub-paragraph (2) is modified as follows—

a

for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and

b

for “relevant capital expenditure upon which those proceeds are to be used is” substitute “purposes for which the land is to be used are”.

A16

1

This paragraph applies where the disposal is made.

2

The trustees must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.

3

Where—

a

the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A14(9)(c), and

b

the “appropriate amount” has been determined in accordance with paragraph A15(3) to be an amount greater than zero,

the trustees or their successors must pay the “appropriate amount” to the authority.

4

The trustees and their successors must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.

5

If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the trustees and their successors must ensure that the surplus amount is used on relevant capital expenditure.

6

The “agreed relevant capital expenditure” means—

a

in a case where—

i

no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A14(9)(b), or

ii

such a notice was so given and was then withdrawn in accordance with paragraph A14(11),

the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A14(6), and

b

in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A15(2).

7

The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A15(3).

8

Sub-paragraphs (3), (4) and (5) are subject to paragraph A14(15) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A14(9)(b) or (c)).

9

In its application in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, this paragraph is modified as follows—

a

in sub-paragraph (2) omit the words from “and of the amount” to the end,

b

in sub-paragraph (4) for “remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure” substitute “land is used for the agreed purposes”,

c

omit sub-paragraph (5), and

d

in sub-paragraph (6)—

i

for “agreed relevant capital expenditure” substitute “agreed purposes”,

ii

for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”,

iii

for “relevant capital expenditure” substitute “proposed purposes”, and

iv

for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used” substitute “purposes for which the land is to be used”.

A17

1

This paragraph applies where—

a

the authority gave notice of their objection to the disposal in accordance with paragraph A14(9)(a), and

b

the adjudicator has determined that he does not approve the disposal.

2

The trustees may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.

3

Before making an application under sub-paragraph (2), the trustees must give the local education authority notice of their intention to make the application.

A18

1

For the purposes of paragraphs A14 to A16, “relevant capital expenditure”, in relation to a disposal of land by the trustees of a foundation, voluntary or foundation special school, means capital expenditure in relation to the premises of—

a

the school,

b

any existing foundation, voluntary or foundation special school, city technology college, city college for the technology of the arts, or Academy, or

c

any proposed foundation, voluntary or foundation special school, or Academy.

2

For the purposes of sub-paragraph (1)(c) it is irrelevant whether proposals have yet been published under any enactment in respect of the proposed school or Academy in question.

A19Duty to have regard to guidance etc

1

A local education authority, a governing body, a foundation body and trustees must have regard, in particular, to any guidance given from time to time by the Secretary of State—

a

in determining whether to give a notice, or make a reference or application to the adjudicator, under any of paragraphs A2 to A17, or

b

in determining the publicly funded proceeds of disposal or the “appropriate amount” for the purposes of any of those paragraphs.

2

In determining any matter for the purposes of any of the provisions mentioned in sub-paragraph (1), the adjudicator must have regard, in particular, to any guidance given from time to time by the Secretary of State.

3

In addition to having regard to guidance as required under sub-paragraph (1)(b) or (2), a local education authority, a governing body, a foundation body, trustees and the adjudicator, must also have regard, in particular, to the factors mentioned in sub-paragraph (4) in determining any of the following for the purposes of any of paragraphs A2 to A17—

a

the publicly funded proceeds of disposal;

b

the “appropriate amount”;

c

the amount of the consideration (if any) to be paid under paragraph A5, A11 or A17.

4

The factors referred to in sub-paragraph (3) are—

a

in the case of any disposal, the value of the land as at the date of the determination,

b

in the case of any disposal, any enhancement in value of the land attributable to expenditure on the land by the local education authority or a relevant person,

c

in the case of any disposal, any expenditure on the land by a relevant person,

d

in the case of any disposal, any relevant payments made by a relevant person to the local education authority or the Secretary of State,

e

in the case of any disposal, to the extent that they do not fall within paragraph (c) or (d), any payments in respect of the acquisition of the land, and

f

in the case of a disposal falling within paragraph A1(1)(i), paragraph A7(1)(h) or paragraph A13(1)(h) or (k), (2)(a)(iii) or (b), or (3)(a)(ii), the extent to which the proceeds of disposal mentioned in the provision in question were publicly funded proceeds of disposal as defined for the purposes of paragraph A2, A8 or A14, as the case may be.

5

A “relevant person” means—

a

in the case of a disposal to which paragraph A2 or A14 applies, the governing body or the trustees of the school in question, and

b

in the case of a disposal to which paragraph A8 applies, the foundation body in question.

6

A “relevant payment” means—

a

in the case of any disposal, a payment in respect of the current school site or sites to which the land relates,

b

in the case of any disposal, a payment under any of the following provisions—

paragraph 2(6) of Schedule 3;

paragraph 16(5) of Schedule 6 (including that provision as applied by any enactment);

section 60(4) of the Education Act 1996;

paragraph 28(5) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment), and

c

in the case of a disposal of land falling within any of the following provisions—

paragraph A1(1)(f) or (g);

paragraph A7(1)(e) or (f);

paragraph A13(1)(g), (i) or (j),

a payment in respect of the grant mentioned in the provision in question.

7

The reference in sub-paragraph (5)(a) to the governing body or the trustees of the school in question includes—

a

where the school was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals,

b

where the school was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and

c

where the school was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.

8

The reference in sub-paragraph (5)(b) to the foundation body in question includes—

a

where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals,

b

where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and

c

where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.

A20Power to vary or revoke determinations or orders

1

A determination made by the adjudicator on a reference made to him under any of paragraphs A3 to A15 may be varied or revoked by a further determination made by him if—

a

the matter is referred to him by a relevant person in relation to the determination, and

b

before making the further determination, the adjudicator consults such persons as he considers appropriate.

2

A “relevant person” in relation to a determination means—

a

the local education authority, governing body, foundation body or trustees who made the reference to the adjudicator in relation to which the determination was made, or

b

any other of those persons who could have made that reference.

3

In determining whether to make a reference to the adjudicator under sub-paragraph (1)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State.

4

An order made by the adjudicator on an application under paragraph A5, A11 or A17 may be varied or revoked by a further order made by him if—

a

an application for its variation or revocation is made to him by an appropriate person in relation to the order, and

b

before making the further order, the adjudicator consults such persons as he considers appropriate.

5

An “appropriate person” in relation to an order made under paragraph A5, A11 or A17 means—

a

the governing body, the foundation body or the trustees, as the case may be, who applied for the order,

b

the local education authority, or

c

if different from that authority, the local authority to whom land is required to be transferred under the order.

6

In determining whether to make an application to the adjudicator under sub-paragraph (4)(a), an appropriate person must have regard, in particular, to any guidance given from time to time by the Secretary of State.

7

Paragraph A19 applies in relation to the further determination by the adjudicator, by virtue of sub-paragraph (1) or (4), of any matter for the purposes of any of paragraphs A2 to A17 as it applies in relation to the original determination of the matter.

Meaning of “capital expenditure”

A21

1

This paragraph applies to the references to capital expenditure in the definition of “relevant capital expenditure” in paragraphs A6, A12 and A18.

2

Subject to sub-paragraphs (3) and (4), such references are references to—

a

in the case of paragraph A6, expenditure which, if it were to be incurred by the governing body, would fall to be capitalised in accordance with proper accounting practices;

b

in the case of paragraph A12, expenditure which, if it were to be incurred by the foundation body, would fall to be capitalised in accordance with proper accounting practices;

c

in the case of paragraph A18, expenditure which, if it were to be incurred by the trustees, would fall to be capitalised in accordance with proper accounting practices.

3

The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated—

a

for the purposes of paragraph A6 as being, or as not being, capital expenditure of any governing body, or any prescribed class or description of governing body;

b

for the purposes of paragraph A12 as being, or as not being, capital expenditure of any foundation body, or any prescribed class or description of foundation body;

c

for the purposes of paragraph A18 as being, or as not being, capital expenditure of any trustees, or any prescribed class or description of trustee.

4

The Secretary of State may by direction provide that—

a

expenditure of a particular governing body, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A6 as being, or as not being, capital expenditure of that body;

b

expenditure of a particular foundation body, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A12 as being, or as not being, capital expenditure of that body;

c

expenditure of particular trustees, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A18 as being, or as not being, capital expenditure of those persons.

5

Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.

A22

1

For the purposes of paragraph A21, “proper accounting practices”, in relation to a governing or foundation body, or to trustees, means those accounting practices—

a

which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by that body, or as the case may be, those persons, or

b

which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the relevant local education authority.

2

The “relevant local education authority” means the local education authority to whom notice of the disposal in question is required to be given under paragraph A2, A8 or A14.

3

In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

Land required by local education authority for certain purposes

A23

1

A local education authority in England may apply to the adjudicator for a transfer order under this paragraph in relation to publicly funded land which—

a

is held for the purposes of a foundation, voluntary or foundation special school by the governing body of the school,

b

is held by a foundation body for the purposes of the group of schools for which it acts, or

c

is held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school.

2

A transfer order is an order requiring the land in relation to which it is made to be transferred by the body or trustees holding it to the authority, subject to the payment by the authority of such sum by way of consideration (if any) as the adjudicator determines to be appropriate.

3

In determining whether to make an application under sub-paragraph (1) for a transfer order, a local education authority must have regard, in particular, to any guidance given from time to time by the Secretary of State.

4

Before making an application under sub-paragraph (1) for a transfer order in relation to publicly funded land, the authority must give the body or trustees holding the land notice of the authority’s intention to make the application.

5

An application under sub-paragraph (1) must state the purpose for which the land to which it relates is required by the authority (“the stated purpose”).

6

In relation to the content of such an application, a local education authority must have regard, in particular, to any guidance given from time to time by the Secretary of State.

7

Where an application is made under sub-paragraph (1) for a transfer order in relation to publicly funded land, the adjudicator may make a transfer order if he is satisfied that—

a

the land is not required for the purposes of the school or, as the case may be, the schools in the group,

b

the land is required by the authority for the stated purpose,

c

the stated purpose is a qualifying purpose, and

d

it is appropriate for the land to be used for that purpose.

8

For the purposes of sub-paragraph (7)(c) the stated purpose is a qualifying purpose if it falls within one or more of the following descriptions of purpose—

a

the land is required for the purposes of any school or institution which is, or is to be, maintained by the authority, or which they have power to assist;

b

the land is otherwise required for the purposes of the exercise of any of the functions of the authority;

c

the land is required for the provision of children’s services by or on behalf of the local authority who are that authority in the exercise of any of the relevant functions of that local authority.

9

For the purposes of sub-paragraph (8)(c)—

“children’s services” are services provided for or in relation to any of the following persons (whether or not they are also provided for or in relation to any other persons)—

a

children;

b

persons aged 18 or 19;

c

persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989;

d

persons over the age of 19 but under the age of 25 who have a learning difficulty, within the meaning of section 13 of the Learning and Skills Act 2000, and are receiving services under that Act;

“relevant functions” means the functions described in any of paragraphs (a), (c), (d) or (e) of subsection (1) of section 135 of the Education and Inspections Act 2006.

10

Before making a transfer order the adjudicator must consult the body or trustees holding the land in relation to which the application for the transfer order is made.

11

In determining whether to make a transfer order, the adjudicator must have regard, in particular, to any guidance given from time to time by the Secretary of State.

12

Where a transfer order is made, the authority must use the land to which it relates for the stated purpose.

13

A transfer order made by the adjudicator may be varied or revoked by a further order made by the adjudicator if—

a

an application for its variation or revocation is made to him by a relevant person in relation to the order, and

b

before making the further order, the adjudicator consults such persons as he considers appropriate.

14

A “relevant person” in relation to a transfer order means—

a

the local education authority who applied for the transfer order, or

b

the body or trustees who held the land to which the order relates.

15

In determining whether to make an application to the adjudicator under sub-paragraph (13)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State.

16

Sub-paragraph (11) applies in relation to the making of a further order by virtue of sub-paragraph (13) as it applies in relation to the making of the original transfer order.

A24

1

For the purposes of paragraph A23, land held for the purposes of a foundation, voluntary or foundation special school by the governing body of the school is “publicly funded land” if it is—

a

land acquired under a transfer under section 201(1)(a) of the Education Act 1996,

b

land acquired under any of the following—

paragraph 2 of Schedule 3;

paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;

any regulations made under paragraph 5 of Schedule 8;

paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),

c

land acquired under any regulations made under—

section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section, or

section 27 of that Act by virtue of subsection (2)(b) of that section,

d

land acquired from a foundation body,

e

land acquired from the Funding Agency for Schools,

f

land acquired wholly by means of—

i

any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996), or

ii

any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,

g

land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

h

land acquired wholly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature, or

i

land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (h).

2

Sub-paragraph (1)(h) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

a

prepared an appropriate statement in relation to the expenditure, and

b

sent a copy of the statement to the governing body either before, or no later than 12 months after, the expenditure was incurred.

3

An “appropriate statement” in relation to expenditure is a statement in writing which—

a

contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

b

indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A25

1

For the purposes of paragraph A23, land held by a foundation body for the purposes of the group of schools for which it acts is “publicly funded land” if it is—

a

land acquired under any of the following—

paragraph 2, 4 or 9 of Schedule 3;

paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment);

paragraph 5 or 6 of Schedule 21;

paragraph 5(4B)(d) of this Schedule;

any regulations made under paragraph 5 of Schedule 8,

b

land acquired under any of the following—

paragraph 8(5) of Schedule 8 to the Education Act 2002;

paragraph 14(5) of Schedule 10 to the Education Act 2005;

paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section;

any regulations made under section 27 of that Act by virtue of subsection (2)(b) of that section,

c

land acquired from the governing body of a maintained school,

d

land acquired from another foundation body,

e

land acquired wholly by means of—

i

any grant provided by the Secretary of State on or after the appointed day other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment), or

ii

any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,

f

land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

g

land acquired wholly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature, or

h

land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (g).

2

Sub-paragraph (1)(g) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

a

prepared an appropriate statement in relation to the expenditure, and

b

sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred.

3

An “appropriate statement” in relation to expenditure is a statement in writing which—

a

contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

b

indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A26

1

For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is “publicly funded land” if it is—

a

land acquired under section 60, 61 or 70 of the Education Act 1996,

b

land acquired under any of the following—

paragraph 2 of Schedule 3;

paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

paragraph 5(4B)(d) of this Schedule;

any regulations made under paragraph 5 of Schedule 8,

c

land acquired under any of the following—

paragraph 4 or 9 of Schedule 3;

paragraph 20 of Schedule 6 (including that provision as applied by any enactment),

d

land acquired under any of the following—

paragraph 8(5) of Schedule 8 to the Education Act 2002;

paragraph 14(5) of Schedule 10 to the Education Act 2005;

paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section,

e

land acquired wholly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature,

f

land acquired from the Funding Agency for Schools,

g

land acquired wholly by means of—

i

any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),

ii

any grant paid under section 216(2) of that Act, or

iii

any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,

h

land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

i

land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (f) to (h), or

j

land acquired wholly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the Education Act 1996).

2

For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation or foundation special school by the trustees of the school is also “publicly funded land” if it is—

a

land acquired by the trustees from the governing body of the school or of another foundation or foundation special school which was land—

i

acquired by the governing body under a transfer under section 201(1)(a) of the Education Act 1996,

ii

acquired by the governing body under any of the provisions mentioned in sub-paragraph (1)(b) or under paragraph 8A of this Schedule, or

iii

acquired by the governing body wholly with the proceeds of disposal of land acquired as mentioned in sub-paragraph (i) or (ii), or

b

land acquired wholly with the proceeds of disposal of any land acquired as mentioned in sub-paragraph (1)(b).

3

For the purposes of paragraph A23, land held, or held on trust, for the purposes of a voluntary school by the trustees of the school is also “publicly funded land” if it is—

a

land acquired by the governing body of the school—

i

under a transfer under section 201(1)(a) of the Education Act 1996, or

ii

wholly with the proceeds of disposal of any land so acquired,

and transferred by the governing body to be held on trust by the trustees, or

b

in the case of a school to which sub-paragraph (4) applies, land acquired wholly by means of expenditure incurred under section 63 or 64 of the Education Act 1996.

4

This sub-paragraph applies to a voluntary aided school which was, immediately before the appointed day, a controlled school within the meaning of the Education Act 1996.

5

Land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is not “publicly funded land” for the purposes of paragraph A23 if it is—

a

land acquired under section 60 or 61 of the Education Act 1996, or

b

land acquired under paragraph 2 or 4 of Schedule 3 to this Act,

by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the Education Act 1996).

6

Sub-paragraph (1)(e) does not apply in the case of any expenditure unless the authority—

a

prepared an appropriate statement in relation to the expenditure, and

b

sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.

7

An “appropriate statement” in relation to expenditure is a statement in writing which—

a

contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

b

indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A27Notice in relation to grants under paragraph 5 of Schedule 3

1

Where a grant is made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment), the Secretary of State may within the relevant period give the body or other persons to whom the grant is made notice that—

a

any land acquired, or enhanced in value, wholly or partly by means of the grant is land falling within paragraph A1(1)(g), A7(1)(f) and A13(1)(j), and

b

any land acquired wholly or partly by means of the grant is land falling within paragraph A24(1)(g), A25(1)(f) and A26(1)(h).

2

The “relevant period” means the period of 6 months beginning with the date upon which the grant is made.

3

In the heading to Part 1 of the Schedule after “SCHOOLS” insert “IN WALES”.

4

1

Paragraph 1 is amended as follows.

2

In sub-paragraph (1)—

a

after “foundation special school” insert “in Wales”, and

b

omit paragraph (c).

3

In sub-paragraph (1A)(b) for “falling within section 21(1)(a)” substitute “established otherwise than under this Act”.

4

5

In sub-paragraph (6) after “foundation special school” insert “in Wales”.

7

1

Paragraph 3 is amended as follows.

2

In sub-paragraph (1)—

a

after “foundation special school” insert “in Wales”,

b

in paragraph (a) omit the words from “or acquired” to the end,

c

omit paragraph (d), and

d

in paragraph (f) omit “(d) or”.

3

In sub-paragraph (2) after “voluntary aided school” insert “in Wales”.

4

In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”.

5

In sub-paragraph (8) omit “(d),”.

6

In sub-paragraph (9)—

a

for “Secretary of State”, wherever occurring, substitute “Assembly”, and

b

for “he” substitute “the Assembly”.

7

In sub-paragraph (12) after “foundation special school” insert “in Wales”.

8

1

Paragraph 4 is amended as follows.

2

In sub-paragraph (1)—

a

after “local education authority” insert “in Wales”, and

b

for “Secretary of State” substitute “Assembly”.

3

In sub-paragraph (2)—

a

for “Secretary of State” substitute “Assembly”, and

b

for “he” substitute “the Assembly”.

9

1

Paragraph 5 is amended as follows.

2

In sub-paragraph (1)(b)—

a

for “Secretary of State” substitute “appropriate authority”, and

b

for sub-paragraphs (i) and (ii) substitute—

i

under section 19(1) requiring a foundation, voluntary or foundation special school in Wales to be discontinued,

ii

under section 32(1) requiring a foundation special school in Wales to be discontinued,

iii

under section 68(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or

iv

under section 17(1) of that Act requiring a foundation special school in England to be discontinued.

3

In sub-paragraph (2) for the words from “Secretary of State” to the end substitute

appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

a

if the school is in England, any land falling within paragraphs (a) to (i) of paragraph A1(1) other than land falling within sub-paragraph (2A), or

b

if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 1(1),

which is held by the body for the purposes of the school.

4

After sub-paragraph (2) insert—

2A

Land falls within this sub-paragraph if it is—

a

land falling within paragraph (g) of paragraph A1(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

b

land falling within paragraph (i) of paragraph A1(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

2B

If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them.

5

In sub-paragraph (3) for the words from “Secretary of State” to the end substitute

appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

a

if the school is in England, any land falling within paragraphs (a) to (h) of paragraph A7(1) other than land falling within sub-paragraph (3A), or

b

if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 2(1),

which is held by the body for the purposes of the schools comprising the group.

6

After sub-paragraph (3) insert—

3A

Land falls within this sub-paragraph if it is—

a

land falling within paragraph (f) of paragraph A7(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

b

land falling within paragraph (h) of paragraph A7(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

3B

If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A7 shall apply to it.

7

In sub-paragraph (4)—

a

for “Secretary of State” substitute “appropriate authority”,

b

for paragraph (a) substitute—

a

require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;

c

in paragraph (b) for “him” and “he” substitute “the appropriate authority”, and

d

in paragraph (c) for “he” substitute “the appropriate authority”.

8

After sub-paragraph (4) insert—

4ZA

Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A13(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school.

4ZB

Land falls within this sub-paragraph if it is—

a

land falling within paragraph (j) of paragraph A13(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

b

land falling within paragraph (k) of paragraph A13(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

9

In sub-paragraph (4A)—

a

after “Where the school” insert “is in Wales and”, and

b

for “Secretary of State for him to exercise his” substitute “appropriate authority for it to exercise its”.

10

In sub-paragraph (4B)—

a

after “under sub-paragraph” insert “(4ZA) or”,

b

for “Secretary of State” substitute “appropriate authority”,

c

for paragraph (a) substitute—

a

require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;

d

in paragraph (b) for the words from “for the purposes of another” to the end substitute

—

i

in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or

ii

in the case of a school in Wales, for the purposes of another foundation or foundation special school or for the purposes of a voluntary school,

direct the trustees to exercise that power in such manner as the appropriate authority may specify;

e

in paragraph (c) after “sub-paragraph” insert “(4ZA) or, as the case may be,”, and

f

in paragraphs (c) and (d) for “he”, wherever occurring, substitute “the appropriate authority”.

11

In sub-paragraph (5)—

a

after “(3)” insert “, (4ZA)”, and

b

for “Secretary of State” substitute “appropriate authority”.

12

After that sub-paragraph insert—

5A

Where the school is in England and the trustees of the school—

a

dispose of any land falling within sub-paragraph (4ZB), or

b

wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph A13 shall apply to them.

13

In sub-paragraph (6) after “Where” insert “the school is in Wales and”.

10

1

Paragraph 6 is amended as follows.

2

In sub-paragraph (1) for “Secretary of State’s” substitute “appropriate authority’s”.

3

In sub-paragraph (2)—

a

for “Secretary of State” substitute “appropriate authority”,

b

for “he”, wherever occurring, substitute “the appropriate authority”,

c

for “the authority”, wherever occurring, substitute “the local education authority”, and

d

for “him” substitute “the appropriate authority”.

4

After sub-paragraph (3) insert—

3A

Where the school is in England and the trustees of the school—

a

dispose of any land falling within paragraph A13(1), (2) or (3), or

b

wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph A13 shall apply to them.

5

In sub-paragraph (4) after “Where” insert “the school is in Wales and”.

11

In paragraph 7, in sub-paragraphs (2)(ii), (3)(c) and (6), for “Secretary of State” substitute “appropriate authority”.

12

In paragraph 8(2)—

a

for “Secretary of State” substitute “appropriate authority”,

b

for “he”, wherever occurring, substitute “the appropriate authority”,

c

for “him” substitute “the appropriate authority”, and

d

for “the authority”, wherever occurring, substitute “the local education authority”.

13

After paragraph 8 insert—

Part 2AMaintained school: transfer of land from trustee to governing body

8A

1

This paragraph applies where the trustee of one or more foundation or foundation special schools to which section 23A (requirements as to foundations) applies is a body corporate.

2

Where—

a

the body corporate has under any enactment passed a resolution for its winding up,

b

a court has made an order for the winding up of the body corporate,

c

the body corporate has been removed under subsection (4) of section 3 of the Charities Act 1993 from the register of charities kept under that section, or

d

prescribed conditions relating to the ability of the body corporate to pay its debts or to its continued existence as a body corporate or as a charity are met,

the Secretary of State may make an order under this paragraph.

3

Conditions may be prescribed under sub-paragraph (2)(d) by reference to the opinion of the Secretary of State as to any prescribed matter.

4

An order under this paragraph is an order directing that any land falling within paragraph A13(1)(b) or (2) held by the body corporate on trust for one or more foundation or foundation special schools to which section 23A applies is to be transferred to, and by virtue of the order vest in—

a

the governing body of the school, or

b

where the land is held on trust for two or more schools, such of the governing bodies of the schools as the Secretary of State thinks proper.

5

In a case where—

a

proposals to establish a new foundation or foundation special school fall to be implemented under Schedule 2 to the Education and Inspections Act 2006, and

b

the local education authority have before the school opening date transferred land to be held on trust for the school,

references in this paragraph to a foundation or foundation special school include references to a proposed such school, references to a governing body include references to a proposed governing body and for the purpose of sub-paragraph (1) section 23A is to be taken to apply to the proposed school if it would apply to the school when it is established.

6

In this paragraph—

“charity” has the same meaning as in the Charities Act 1993;

“foundation” means a foundation established otherwise than under this Act.

14

In paragraph 9(1)—

a

after “paragraph” insert “A5, A11, A17, A23,”, and

b

for “or 8(2)(b)” substitute “, 8(2)(b) or 8A”.

15

1

Paragraph 10 is amended as follows.

2

In sub-paragraph (1) after paragraph (d) insert—

e

“the appropriate authority” means—

i

in relation to a school in England, the Secretary of State, and

ii

in relation to a school in Wales, the Assembly.

3

In sub-paragraph (3) after “paragraphs” insert “A1(1), A13(1), (2) or (3)(a), A24 to A26,”.

4

In sub-paragraph (4) after “paragraphs” insert “A1(1), A13(1),”.

5

In sub-paragraph (5) for “paragraph 1(1)” substitute “paragraphs A1(1) and 1(1)”.

16

1

Paragraph 11 is amended as follows.

2

For paragraph (a) of sub-paragraph (1) substitute—

a

subject to sub-paragraph (7), “capital expenditure” means expenditure of the governing body in question which falls to be capitalised in accordance with proper accounting practices;

3

In paragraph (b) of that sub-paragraph for “that Order” substitute “the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002”.

4

In sub-paragraph (4) for the words from “, either by agreement” to the end substitute

—

a

by agreement between the authority and the relevant body, or

b

by the adjudicator where—

i

the authority or the relevant body refer the matter to him for determination, and

ii

by the time of his determination, the matter has not been determined by agreement between the authority and the relevant body.

5

After sub-paragraph (4) insert—

4A

In determining whether to make a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must have regard, in particular, to any guidance given from time to time by the Secretary of State.

4B

Before making a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must give the other notice of their intention to make the reference.

6

In sub-paragraph (5)—

a

for “Secretary of State” substitute “adjudicator”, and

b

after “particular” insert “to any guidance given from time to time by the Secretary of State and”.

7

After sub-paragraph (5) insert—

5A

A determination made by the adjudicator on a reference made to him under sub-paragraph (4)(b) may be varied or revoked by a further determination made by him if—

a

the matter is referred to him by the local education authority or the relevant body, and

b

before making the further determination, the adjudicator consults such persons as he considers appropriate.

5B

In determining whether to make a reference to the adjudicator under sub-paragraph (5A)(a), the local education authority or the relevant body must have regard, in particular, to any guidance given from time to time by the Secretary of State.

5C

Sub-paragraph (5) applies in relation to the further determination of any matter by the adjudicator, by virtue of sub-paragraph (5A), as it applies in relation to the original determination of the matter.

8

After sub-paragraph (6) insert—

7

The Secretary of State may—

a

by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of any governing body or of any prescribed class or description of governing body;

b

by direction provide that expenditure of a particular governing body which is expenditure of a particular class or description is to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of that body.

8

Directions under sub-paragraph (7)(b) may be expressed to have effect in specified circumstances or subject to specified conditions.

17

After paragraph 11 insert—

12

1

For the purposes of paragraph 11(1)(a), “proper accounting practices”, in relation to a governing body, means those accounting practices—

a

which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the governing body, or

b

which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local education authority.

2

In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

Part 2Amendments to section 77 of SSFA 1998

18

1

Section 77 of SSFA 1998 (control of disposals or changes of use of school playing fields in relation to England) is amended as follows.

2

In subsection (1)—

a

for “Except” substitute “Subject to subsections (2A) and (2B), except”, and

b

after “a body” insert “or trustees”.

3

For subsection (2) substitute—

2

Subsection (1) applies to—

a

a local authority;

b

the governing body of a maintained school;

c

a foundation body;

d

the trustees of a foundation, voluntary or foundation special school.

4

After subsection (2) insert—

2A

Subsection (1) applies in the case of a disposal by the trustees of a foundation, voluntary or foundation special school, only if the disposal is of land falling within paragraph A13(1), (2) or (3) of Schedule 22.

2B

Subsection (1) does not apply—

a

to a disposal in pursuance of a transfer order under paragraph A23 of that Schedule, or

b

to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals on discontinuance) applies.

5

In subsection (3)—

a

for “Except” substitute “Subject to subsections (4) and (4A), except”,

b

for “a local authority” substitute “a body or trustees to whom subsection (1) applies”, and

c

for “falling within subsection (1)” substitute “which falls within subsection (1) or is excluded from that subsection by subsection (2B)(a) or (b)”.

6

In subsection (4) omit “by a local authority”.

7

After subsection (4) insert—

4A

Subsection (3) applies in relation to the trustees of a foundation, voluntary or foundation special school only if the playing fields in question are land falling within paragraph A13(1), (2) or (3) of Schedule 22.

8

In subsection (7), at the appropriate place, insert—

“maintained school” includes a maintained nursery school;

Part 3Consequential amendments

19

In section 75(2) of SSFA 1998 (transfer of land by governing body to trustees) after “Paragraph” insert “A1 or”.

20

In section 79(1)(b) of SSFA 1998 (stamp duty exemption for certain transfers) after “paragraph” insert “A23,”.

21

In section 138 of SSFA 1998 (orders and regulations), in subsection (2)(b) (orders not made by statutory instrument), for “or 7(3)(c)” substitute “, 7(3)(c) or 8A”.

22

In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 2, in sub-paragraph (10), after “paragraphs” insert “A1 to A16 or”.

23

In Schedule 32 to SSFA 1998 (transitional provisions and savings), in paragraph 4(4)—

a

in paragraph (a) for “paragraph 1(1)(d)” substitute “paragraphs A1(1)(f) and 1(1)(d)”,

b

in paragraph (b) for “paragraph 2(1)(d)” substitute “paragraphs A7(1)(e) and 2(1)(d)”, and

c

in paragraph (c) for “paragraph 3(1)(e)” substitute “paragraphs A13(1)(g) and 3(1)(e)”.

SCHEDULE 5Funding of maintained schools

Section 57

1

In section 17(6) of SSFA 1998 (power of LEA to suspend right to delegated budget), omit the words from “but” onwards.

2

1

Section 47A of SSFA 1998 (schools forums) is amended as follows.

2

In subsection (3)(b), for the words from “function” to the end substitute “other function that may be imposed on the schools forum by or under this Chapter”.

3

Omit subsection (6) (which enables regulations under subsection (5) of that section to enable the Secretary of State or the Assembly to remove a non-schools member from membership of a schools forum).

4

For subsection (9) substitute—

9

In this section “relevant authority”, in relation to a schools forum, means the local education authority by whom the forum is established.

3

1

Section 48 of SSFA 1998 (local education authorities’ financial schemes) is amended as follows.

2

In subsection (1), for “prepare” substitute “maintain”.

3

In subsection (3), for “prepared” substitute “maintained”.

4

In subsection (4), omit the words from “the approval” to “and for”.

5

In subsection (5), for the words from “the scheme prepared” to the end substitute “the scheme for the time being maintained under this section”.

4

In section 49 of SSFA 1998 (maintained schools to have delegated budgets) for subsections (2) and (3) substitute—

2

A new school shall have a delegated budget from a date determined in accordance with regulations.

2A

Regulations under subsection (2) may—

a

enable the date that would otherwise apply by virtue of the regulations to be varied in accordance with the regulations, on the application of the local education authority, by the authority’s schools forum or by the Secretary of State, and

b

make provision about the respective powers of the schools forum and the Secretary of State in relation to any application to vary that date.

5

1

Schedule 14 to SSFA 1998 (approval, imposition and revision of local education authority schemes) is amended as follows.

2

For the heading substitute “REVISION OF LOCAL EDUCATION AUTHORITY SCHEMES”.

3

For the italic heading immediately before paragraph 1 substitute “Publication of schemes”.

4

In paragraph 1—

a

omit sub-paragraphs (1) to (6), and

b

for sub-paragraph (7) substitute—

7

A scheme maintained by a local education authority under section 48(1) shall be published in such manner as may be prescribed—

a

on its coming into force as revised under this Schedule, and

b

on such other occasions as may be prescribed.

5

For paragraph 2 substitute—

2A

1

A local education authority may, in accordance with this paragraph, revise the whole or part of the scheme maintained by them under section 48(1).

2

In revising the scheme, the local education authority shall take into account any guidance given by the Secretary of State, whether—

a

generally, or

b

in relation to that authority or any class or description of local education authorities to which that authority belongs,

as to the provisions the Secretary of State regards as appropriate for inclusion in the scheme.

3

As regards any proposed variation of the scheme, the authority—

a

shall first consult the governing body and head teacher of every school maintained by the authority (within the meaning of this Chapter), and

b

shall then submit a copy of their proposals to the authority’s schools forum for their approval.

2B

1

Regulations may make provision preventing schemes as revised from coming into force unless they are approved in accordance with the regulations by the local education authority’s schools forum or by the Secretary of State.

2

The regulations may in particular—

a

prescribe circumstances in which proposals which have been submitted to a local education authority’s schools forum may be submitted to the Secretary of State,

b

enable the schools forum or the Secretary of State to approve proposals with modifications, and

c

enable the schools forum or the Secretary of State, in giving their or his approval, to specify the date on which the scheme as revised is to come into force.

6

In Schedule 15 to SSFA 1998 (suspension of financial delegation), the following provisions (which confer on the governing body a right to appeal to the Secretary of State or the Assembly or relate to that right of appeal) are omitted—

a

paragraph 1(4) and (6),

b

paragraph 2(5), and

c

paragraph 3.

SCHEDULE 6Governing bodies consisting of interim executive members

Section 70

1Interpretation of Schedule

1

In this Schedule—

“the appropriate authority” means—

where this Schedule applies by virtue of a notice under section 65(1), the local education authority who gave the notice, and

where this Schedule applies by virtue of a notice under section 69(1), the Secretary of State;

“existing governors”, in relation to a school in respect of which a notice under section 65(1) or 69(1) has been given, means the governors who hold office immediately before the governing body becomes constituted in accordance with this Schedule;

“the interim period”, in relation to a school in respect of which a notice under section 65(1) or 69(1) has been given, means the period during which the governing body is constituted in accordance with this Schedule;

“a normally constituted governing body” means a governing body constituted in accordance with regulations made by virtue of section 19 of EA 2002 (governing bodies).

2

In this Schedule any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.

2Governing body to consist of members appointed by appropriate authority

1

The governing body of the school shall consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of EA 2002.

2

In the following provisions of this Schedule—

a

the governing body as constituted in accordance with this Schedule is referred to as “the interim executive board”, and

b

the members of the governing body as so constituted are referred to as “interim executive members”.

3Effect of notice under section 65(1) or 69(1)

Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of his appointment.

2

An interim executive member—

a

holds office in accordance with the terms of his appointment and subject to paragraph 18, and

b

may at any time be removed from office by the appropriate authority for incapacity or misbehaviour.

3

The terms of appointment of an interim executive member may provide for his appointment to be terminable by the appropriate authority by notice.

6Duty of appropriate authority to inform other persons

1

The appropriate authority must give a copy of the notice under section 65(1) or 69(1) and of every instrument of appointment of an interim executive member—

a

to every interim executive member,

b

to every existing governor of the school,

c

where the local education authority are the appropriate authority, to the Secretary of State,

d

where the Secretary of State is the appropriate authority, to the local education authority,

e

in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, to the appropriate diocesan authority, and

f

in the case of any other foundation or voluntary school, to the person or persons by whom the foundation governors are appointed.

2

A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment.

7Power to specify duration of interim period

The appropriate authority may in the notice under section 65(1) or 69(1) specify the duration of the interim period.

8Chairman

The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.

9Remuneration and allowances

The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.

10Duty of interim executive board

1

During the interim period, the interim executive board shall conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school.

2

Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.

11Proceedings of interim executive board

1

The interim executive board may determine their own procedure.

2

The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.

12Effect on suspension of delegated budget

the date on which proposals for discontinuing the school are implemented under Part 4 of Schedule 2,

b

the date on which the school is discontinued under section 30 of SSFA 1998, or

c

the date specified in the direction under section 17(1) or 68(1),

as the case may be.

17Notice of resumption of government by normally constituted governing body

1

Where—

a

the notice under section 65(1) or 69(1) did not specify the duration of the interim period, and

b

paragraph 16 does not apply,

the appropriate authority may give notice to the persons mentioned in sub-paragraph (2) specifying a date on which the governing body are to become a normally constituted governing body.

2

3

The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.

SCHEDULE 7Amendments relating to schools causing concern

Section 71

Part 1Principal amendments

1Statement to be prepared by LEA following adverse report on maintained school

1

Section 15 of EA 2005 (measures to be taken by local education authority following inspection report stating that school requires special measures or significant improvement) is amended as follows.

2

In subsection (1), for “This section” substitute “Subsection (2)”.

3

For subsection (2) substitute—

2

The local education authority must—

a

consider what action to take in the light of the report,

b

consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,

c

consider whether those arrangements are to include the appointment of a specified person for that purpose,

d

prepare a written statement—

i

of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and

ii

of the arrangements they propose to make for the purpose mentioned in paragraph (b), and

e

send a copy of the statement prepared under paragraph (d) to—

i

the Chief Inspector,

ii

in the case of a voluntary aided school, the person who appoints the foundation governors and (if different) the appropriate appointing authority, and

iii

such other persons as the Secretary of State may specify.

2A

Subsection (2B) applies where—

a

the local education authority have prepared a statement under subsection (2) in relation to a school,

b

it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and

c

no subsequent inspection of the school has been made under section 5.

2B

The Secretary of State may by notice require the local education authority to—

a

consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (2)(b),

b

prepare a written statement—

i

of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and

ii

of the arrangements they propose to make for the purpose mentioned in subsection (2)(b), and

c

send a copy of the statement to the Secretary of State and to the persons mentioned in subsection (2)(e)(i) to (iii).

2C

For the purposes of subsections (2A) and (2B) an “interim inspection” is an inspection under section 8 in respect of which no election under section 9 is made.

4

In subsection (3) for “the statement” substitute “a statement under subsection (2) or (2B)”.

5

After subsection (3) insert—

4

In performing their functions under subsections (2)(a), (b), (c) and (d) and (2B)(a) and (b), the local education authority must have regard to any guidance given from time to time by the Secretary of State.

2Statement to be prepared by proprietor following adverse report on non-maintained school

1

Section 17 of EA 2005 (statement to be prepared by proprietor of school other than maintained school) is amended as follows.

2

In subsection (1)—

a

at the beginning insert “Subsection (1A) applies”, and

b

omit all the words following paragraph (b).

3

After subsection (1) insert—

1A

The proprietor must—

a

consider what action to take in the light of the report,

b

consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,

c

consider whether those arrangements are to include the appointment of a specified person for that purpose, and

d

prepare a written statement—

i

of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and

ii

of the arrangements he proposes to make for the purpose mentioned in paragraph (b).

1B

Subsection (1C) applies where—

a

the proprietor of a school has prepared a statement under subsection (1A) in relation to the school,

b

it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and

c

no subsequent inspection of the school has been made under section 5.

1C

The Secretary of State may by notice require the proprietor to—

a

consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (1A)(b), and

b

prepare a written statement—

i

of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and

ii

of the arrangements the proprietor proposes to make for the purpose mentioned in subsection (1A)(b)”.

1D

For the purposes of subsections (1B) and (1C) an “interim inspection” is an inspection under section 8 in respect of which no election under section 9 is made.

4

In subsection (3)—

a

for “such a statement” substitute “a statement under subsection (1A) or (1C)”, and

b

before the word “and” at the end of paragraph (a) insert—

aa

in the case of a statement under subsection (1C), to the Secretary of State,

5

After subsection (4) insert—

5

In performing his functions under subsections (1A)(a), (b), (c) and (d) and (1C)(a) and (b), the proprietor must have regard to any guidance given from time to time by the Secretary of State.

Part 2Minor and consequential amendments

School Standards and Framework Act 1998 (c. 31)

3

In the heading to Chapter 4 of Part 1 of SSFA 1998 after “SCHOOLS” insert “IN WALES”.

4

1

Section 14 of SSFA 1998 (powers of intervention exercisable by LEAs) is amended as follows.

2

In subsection (1) for “Secretary of State” substitute “Assembly”.

3

Omit subsection (1A).

4

In subsection (3)—

a

in paragraph (a), for “Secretary of State” and “he” substitute respectively “Assembly” and “its”, and

b

in paragraph (b), for “he” and “his” substitute respectively “the Assembly” and “its”.

5

After subsection (3) insert—

3A

In this Chapter “maintained school” means any school in Wales that is—

a

a community, foundation or voluntary school,

b

a community or foundation special school, or

c

a maintained nursery school.

6

In subsection (4)—

a

for paragraph (a) substitute—

a

“Chief Inspector” means Her Majesty’s Chief Inspector of Education and Training in Wales,

b

omit paragraph (b).

5

1

Section 15 of SSFA 1998 (cases where LEA may exercise powers of intervention) is amended as follows.

2

For subsection (4) substitute—

4

This section applies to a maintained school