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Education Act 2002


Sections 202 to 209
Section 202: Further education institutions: records

394.Section 202 enables the Secretary of State to make regulations concerning the retention and disclosure of educational records of FE institutions.

Section 203: Further education institution: hazardous material, etc.

395.This section enables regulations to be made providing for the Secretary of State or the NAW to grant approval to FE institutions to obtain and use specified equipment or specified materials which might endanger a person’s health or safety. This section re-enacts provisions in section 218(1)(e) of the ERA and similar provisions for schools are contained in section 546 of the EA 96. FE institutions who obtain approval for the use of radioactive substances or specified equipment under this provision will, like schools, be exempt from registration with the Environment Agency under the Radioactive Substances Act 1993.

Section 204: Baseline assessments

396.This section removes the statutory requirement on schools to carry out baseline assessments of children. Statutory baseline assessment will be replaced by the foundation stage profile which will be completed at the end of the foundation stage for all children in government funded early years settings (see section 83 and for Wales section 104).

Section 206 and Schedule 20: Nuisance or disturbance on educational premises

397.This Schedule amends section 547 of the EA 96 (‘Nuisance or disturbance on school premises’) to extend its provisions to non-maintained special schools, independent schools and LEA-maintained facilities providing instruction or leadership in sporting, recreational or outdoor activities, such as LEA outdoor education centres. Schedule 20 also amends the Further and Higher Education Act 1992 (FHEA) by inserting a new section, which re-enacts the provisions of section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (‘Nuisance and disturbance on educational premises’) and extends those provisions to any institution within the FE sector. Section 40 of the Local Government (Miscellaneous Provisions) Act 1982 is consequentially repealed under Schedule 22.

398.These changes extend the scope of the existing provision. They also make a consequential extension of the powers of the police and persons authorised by the relevant bodies responsible for these educational institutions to remove trespassers believed to be committing the offence and to bring forward proceedings against them.

Sections 207 and 208: Recoupment: adjustment between LEAs and special cases

399.Inter-authority recoupment occurs when a child is educated outside the LEA in which he or she lives. In these circumstances, the LEA providing the education is entitled to “recoup” the additional costs it faces, in making that provision, from the “home” LEA.

400.The effect of these sections is to remove the Secretary of State’s role in settling disputes between LEAs in England about the amounts to be paid. Current arrangements are retained in relation to disputes between LEAs in Wales. The NAW intends to update the regulations applicable in relation to inter-authority arrangements. Any dispute relating to children who are educated in Wales but the responsibility of an LEA in England will be determined by the NAW, with the agreement of the Secretary of State in England. Where one LEA is in Scotland and the other in England, any dispute which arises will be determined by the Secretary of State.

401.Section 207 re-enacts, with amendments to give effect to the changes above, section 492 of the EA 96 and section 208 transfers to the NAW, so far as exercisable in relation to Wales, the power to make regulations under section 494. This relates to inter-authority recoupment in relation to pupils permanently excluded from a school maintained by one authority who are being provided with education at a school maintained by another authority.

Section 209: Paid chairmen for local learning and skills councils

402.Section 209 provides for the LSC to pay the chairmen of local learning and skills councils. At present these chairmen are unpaid. The amount of their remuneration will be decided by the Secretary of State.

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