SCHEDULE 5MINOR AND CONSEQUENTIAL AMENDMENTS

PART 2AMENDMENTS RELATING TO PART 3 (SCHOOL ORGANISATION)

School Standards and Framework Act 1998

I119

1

The School Standards and Framework Act 1998 is amended as follows.

2

In section 20(2A)(b) (new categories of maintained schools) after “this Act” insert “ or sections 45 to 55 of, and Schedule 4 to, the School Standards and Organisation (Wales) Act 2013 ”.

3

In section 21(6) (kinds of foundation and voluntary schools and types of foundations)—

a

in paragraph (a)—

i

omit “in accordance with Schedule 8 or”, and

ii

after “Act 2006” insert “ or in accordance with proposals made under section 45 of the School Standards and Organisation (Wales) Act 2013 ”;

b

in paragraph (f)—

i

in sub-paragraph (i), omit “under paragraph 2 of Schedule 8 or” and after “Act 2006” insert “ or under section 48 of the School Standards and Organisation (Wales) Act 2013 ”,

ii

in sub-paragraph (ii), for “that paragraph or that section” substitute “ either of those sections ”,

iii

omit sub-paragraph (iii).

4

Omit sections 28 and 29 (proposals for establishment, alteration and discontinuance of mainstream schools).

5

In section 30 (notice by governing body to discontinue foundation or voluntary school)—

a

in subsection (1) after “voluntary school” insert “ in England ”;

b

in subsection (3) omit paragraph (b);

c

in subsection (9) omit paragraph (a);

d

in the heading after “voluntary school” insert “ in England ”.

6

Omit sections 31 to 35 (provisions relating to special schools, rationalisation of school places and change of category of schools).

7

In section 49(6) (maintained schools to have delegated budgets)—

a

omit “paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000”,

b

after “2002” insert “ section 75(2)(b) of, or paragraph 4 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013 ”.

8

In section 82(1) (modification of trust deeds) for “or the Academies Act 2010” substitute “ , the Academies Act 2010 or the School Standards and Organisation (Wales) Act 2013 ”.

9

Omit section 101(3) (permitted selection: pupil banding).

10

In section 103(2)(b) (permitted selection: introduction, variation or abandonment of provision for such selection) for “prescribed alteration for the purposes of section 28” substitute “ regulated alteration within the meaning of Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013 ”.

11

In section 143 (index)—

a

omit the entry beginning “alteration”;

b

omit the entry beginning “area”;

c

omit the entry beginning “discontinuing”;

d

omit the entry beginning “promoters”;

e

omit the entry beginning “school opening date”.

12

In Schedule 3 (funding of foundation, voluntary and foundation special schools)—

a

in paragraph 2(2)(a)(ii), for the words from “or promoters” to “proposals)” substitute “ or the person by whom proposals were made is required to provide by virtue of Part 2 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (provision of premises and other assistance) ”;

b

in paragraph 7—

i

in sub-paragraph (3)(a) after “28,” insert—

ia

the implementation of proposals made under section 42 of the School Standards and Organisation (Wales) Act 2013 to make a regulated alteration to a school,

ii

in sub-paragraph (5) for “to the promoters” substitute—

a

in relation to England, to the promoters, and

b

in relation to Wales, to the person who made the proposals under section 41(2) of the School Standards and Organisation (Wales) Act 2013

13

Omit Schedules 6 to 8 (provisions about procedure and implementation of statutory proposals, rationalisation of school places and changes of category of schools).

14

In Schedule 22 (disposals of land)—

a

in paragraph 1,—

i

in sub-paragraph (1) for “, voluntary or foundation special” substitute “ or voluntary ”;

ii

after sub-paragraph (1)(a) insert—

aa

any land acquired under paragraph 7 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under that paragraph as applied by section 76(1) of that Act or under Part 3 of Schedule 4 to that Act;

b

in paragraph 2, after sub-paragraph (1)(a) insert—

aa

any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under either of those paragraphs as applied by section 76(1) or (3) of that Act or under Part 3 of Schedule 4 to that Act;

c

in paragraph 2A—

i

in sub-paragraph (1) omit “or foundation special”;

ii

after sub-paragraph (1)(a) insert—

aa

any land acquired under paragraph 7 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under that paragraph as applied by section 76(1) of that Act or under Part 3 of Schedule 4 to that Act;

iii

in sub-paragraph (1)(b) after “(a)” insert “ or (aa) ”;

iv

in sub-paragraph (1)(c) omit “or foundation special”;

v

in sub-paragraph (2)(a)(ii) after “(a)” insert “ or (aa) ”;

vi

in sub-paragraph (2)(b) after “(a)” insert “ or (aa) ”;

vii

in sub-paragraph (6) omit “or foundation special”;

viii

in the heading omit “or foundation special school”;

d

in paragraph 3—

i

in sub-paragraph (1) for “, voluntary or foundation special” substitute “ or voluntary ”;

ii

after sub-paragraph (1)(a) insert—

aa

any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under those paragraphs as applied by section 76(1) or (3) of that Act or under Part 3 of Schedule 4 to that Act;

iii

in sub-paragraph (3) after “(a),” insert “ (aa), ”;

iv

in sub-paragraph (4)(c)(ii) after “this Act” insert “ or under paragraph 7(6) of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 ”;

v

in sub-paragraph (8)(b)(i) for “, voluntary or foundation special” substitute “ or voluntary ”;

vi

in sub-paragraph (8)(b)(ii) for “foundation, voluntary or foundation special” substitute “ voluntary ”;

vii

in sub-paragraph (12) for “, voluntary or foundation special” substitute “ or voluntary ”;

viii

in the heading for “, voluntary or foundation special” substitute “ or voluntary ”;

e

in paragraph 4(1)(a)(i) for “, voluntary or foundation special” substitute “ or voluntary ”;

f

in paragraph 5—

i

in sub-paragraph (1)(b)(i) for “, voluntary or foundation special” substitute “ or voluntary ”;

ii

omit sub-paragraph (1)(b)(ii);

iii

in sub-paragraph (4)(c) after “alteration” insert “ or regulated alteration ”;

iv

in sub-paragraph (4A) omit “or foundation special” and after “(a),” insert “ (aa), ”;

v

in sub-paragraph (4B)(b)(ii) omit “or foundation special”;

vi

in sub-paragraph (4B)(d) after “alteration” insert “ or regulated alteration ”;

vii

in sub-paragraph (6)(a) after “2A(1)(a),” insert “ (aa), ”;

g

in paragraph 6—

i

in sub-paragraph (1) after “section 30(1)” insert “ or section 80 of the School Standards and Organisation (Wales) Act 2013 ”;

ii

in sub-paragraph (2)(a) after “section 30(2)” insert “ or section 80(2) of the School Standards and Organisation (Wales) Act 2013 ”;

h

in paragraph 8—

i

in sub-paragraph (1) after “section 30(10)” insert “ or section 80(11) of the School Standards and Organisation (Wales) Act 2013 ”;

ii

in sub-paragraph (2) after “section 30(2)(a) to (d)” insert “ or section 80(2) of the School Standards and Organisation (Wales) Act 2013 ”;

i

in paragraph 10 after sub-paragraph (1)(e) insert—

f

“regulated alteration” has the same meaning as in Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013.