Education Act 2002

Status:

This version of this schedule contains provisions that are prospective.

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to Schedule 10:

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
Sch. 10 para. 12-14 repealed by S.I. 2010/1080 Sch. 2 Pt. 1

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act Education Acts modified by 2006 c. 40 Sch. 6 para. 3(3)
Act applied by S.I. 2005/397 reg. 2
Act modified by 2005 c. 18 s. 96(2)
Act text amended by S.I. 2010/1158 Sch. 2 para. 11(2)(3)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 2A inserted by 2004 c. 4 s. 8(6)(8)
s. 5A inserted by 2004 c. 4 s. 8(7)(8)
s. 23A inserted by 2006 c. 40 s. 34
s. 28A inserted by 2005 c. 18 s. 105
s. 29A inserted by 2008 c. 25 s. 154
s. 29B inserted by 2008 c. 25 s. 157
s. 30A inserted by 2005 c. 18 s. 104
s. 30A repealed by 2011 c. 21 s. 32(1)
s. 51A inserted by 2011 c. 21 s. 4(2)
s. 62A applied (with modifications) by S.I. 2007/2979 Sch. 1 para. 18(1)
s. 62A inserted by 2006 c. 40 Sch. 7 para. 20
s. 62A(1A)-(1C) inserted by 2009 c. 22 s. 204(2)
s. 62A(4) words inserted by 2009 c. 22 s. 204(3)
s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 Sch. 8 para. 20(b)
s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
s. 116A inserted by 2009 nawm 1 s. 4
s. 116B inserted by 2009 nawm 1 s. 5
s. 116C inserted by 2009 nawm 1 s. 6
s. 116D inserted by 2009 nawm 1 s. 7
s. 116E inserted by 2009 nawm 1 s. 8
s. 116F inserted by 2009 nawm 1 s. 9
s. 116G inserted by 2009 nawm 1 s. 10
s. 116H inserted by 2009 nawm 1 s. 11
s. 116I inserted by 2009 nawm 1 s. 12
s. 116J inserted by 2009 nawm 1 s. 13
s. 116J(5)(b)(c) omitted by 2011 nawm 7 s. 9(3)(b)(ii)
s. 116J(5)(aa) inserted by 2011 nawm 7 s. 9(3)(b)(i)
s. 116K inserted by 2009 nawm 1 s. 14
s. 116L inserted by 2009 nawm 1 s. 15
s. 116M inserted by 2009 nawm 1 s. 16
s. 116N inserted by 2009 nawm 1 s. 17
s. 116O inserted by 2009 nawm 1 s. 18
s. 135A-135C and cross heading inserted by 2011 c. 21 s. 9
s. 135A(1)(d) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(a)
s. 135A(2)(k) words substituted by 2011 c. 21 Sch. 13 para. 13(2)(b)
s. 135A(5) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(c)
s. 141A-141E and cross heading inserted by 2011 c. 21 s. 8(1)
s. 141A(1)(ba) inserted by 2011 c. 21 Sch. 13 para. 13(3)
s. 141D(4) words inserted by 2011 c. 21 Sch. 13 para. 13(4)
s. 141F-141H and cross heading inserted by 2011 c. 21 s. 13(1)
s. 156A inserted by 2008 c. 25 Sch. 1 para. 15
s. 162A 162B inserted by 2005 c. 18 Sch. 8 para. 2
s. 162A repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
s. 162A(4) repealed by 2006 c. 40 Sch. 14 para. 73(2) Sch. 18 Pt. 5
s. 162A(5) text amended by 2006 c. 40 Sch. 14 para. 73(3)
s. 162B repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
s. 162B(8) repealed by 2006 c. 40 Sch. 14 para. 74 Sch. 18 Pt. 5
s. 167A-167D inserted by 2006 c. 40 s. 169
s. 167A(6)(a) repealed by 2008 c. 25 Sch. 1 para. 22(a) Sch. 2
s. 167A(6)(b) text amended by 2008 c. 25 Sch. 1 para. 22(b) Sch. 2
s. 167B(1) text amended by S.I. 2008/2833 Sch. 3 para. 196
s. 167C amendment to earlier affecting provision 2008 c. 25Sch. 1 para. 23 by 2011 c. 21 Sch. 2 para. 20(b)
s. 167C 167D substituted by 2008 c. 25 Sch. 1 para. 23
s. 167C text amended by 2009 c. 26 s. 81(2)s. 81(3)(k)
s. 167C text amended by 2009 c. 26 s. 81(4)(a)
s. 168A-168C inserted by 2006 c. 40 s. 172(2)
s. 208A inserted by 2009 c. 22 Sch. 6 para. 55
s. 208A omitted by 2011 c. 21 Sch. 16 para. 20
s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
Sch. 11A inserted by 2011 c. 21 s. 8(2)
Sch. 11B inserted by 2011 c. 21 Sch. 4
specified provision(s) Appointed Day(s) by S.I. 2003/1718 art. 4-6 Sch.
specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.

Commencement Orders yet to be applied to the Education Act 2002:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

S.I. 2003/124 art. 2-5 commences (2002 c. 32)
S.I. 2003/1667 art. 2-6 commences (2002 c. 32)
S.I. 2003/2071 art. 2 commences (2002 c. 32)
S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
S.I. 2003/2992 art. 3 amendment to earlier commencing SI 2002/2439
S.I. 2004/912 art. 4 5 commences (2002 c. 32)
S.I. 2004/1318 art. 2 commences (2002 c. 32)
S.I. 2004/1728 art. 4 5 commences (2002 c. 32)
S.I. 2005/1395 art. 4 commences (2002 c. 32)
S.I. 2005/2910 art. 4 commences (2002 c. 32)
S.I. 2006/172 art. 4 5 commences (2002 c. 32)
S.I. 2006/879 art. 4 commences (2002 c. 32)
S.I. 2006/1336 art. 4(1) Sch. Pt. 1 commences (2002 c. 32)
S.I. 2006/2895 art. 2 commences (2002 c. 32)
S.I. 2007/3611 art. 4 commences (2002 c. 32)
S.I. 2008/1728 art. 3 commences (2002 c. 32)
S.I. 2010/707 art. 3 commences (2002 c. 32)

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
S.I. 2003/3034 art. 2 commences (2003 c. 26)
S.I. 2005/394 art. 2 commences (2004 c. 31)
S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
S.I. 2005/2570 art. 2 amendment to earlier commencing SI 2003/1667
S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
S.I. 2006/885 art. 2 commences (2004 c. 31)
S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
S.I. 2006/2129 art. 3 4 commences (2005 c. 18)
S.I. 2007/935 art. 2-7 commences (2006 c. 40)
S.I. 2007/1019 art. 2-5 commences (2006 c. 21)
S.I. 2007/1271 art. 2 3 commences (2006 c. 40)
S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
S.I. 2007/3505 arts. 2-6 commences (2007 c. 25)
S.I. 2008/313 art. 2 3 commences (2007 c. 25)
S.I. 2008/1429 art. 3 commences (2006 c. 40)
S.I. 2008/2261 art. 2 commences (2006 c. 21)
S.I. 2009/371 art. 2 Sch. commences (2008 nawm 2)
S.I. 2009/1606 art. 2 commences (2008 c. 25)
S.I. 2009/2545 art. 3 commences (2006 c. 40)
S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
S.I. 2009/3174 art. 2 commences (2009 nawm 1)
S.I. 2009/3317 art. 2 commences (2009 c. 22)
S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
S.I. 2010/735 art. 2 commences (2005 c. 18)
S.I. 2010/1093 art. 2 3 commences (2008 c. 25)
S.I. 2010/1101 art. 2-5 commences (2006 c. 47)
S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
S.I. 2010/1817 art. 2-4 commences (2010 c. 26)
S.I. 2010/1937 art. 2-5 commences (2010 c. 32)
S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
S.I. 2010/2413 art. 2 commences (2009 c. 22)
S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
S.I. 2011/97 art. 2 commences (2009 nawm 1)
S.I. 2011/829 art. 2 commences (2009 c. 22)
S.R. 2005/282 art. 2-5 commences (2004 c. 4)

Section 75

SCHEDULE 10 E+WEstablishment etc of schools: procedural changes

This schedule has no associated Explanatory Notes

Proposals for establishment, alteration and discontinuance of schoolsE+W

1Schedule 6 to the School Standards and Framework Act 1998 (c. 31) (procedure and implementation of statutory proposals) has effect subject to the following amendments.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 10 para. 1 partly in force; Sch. 10 para. 1 not in force at Royal Assent, see s. 216; Sch. 10 para. 1 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Prospective

2(1)Paragraph 2 (objections) is amended as follows.E+W

(2)In sub-paragraph (1), after “objections to” there is inserted “ , or comments on, ”.

(3)In sub-paragraph (2)—

(a)in paragraph (a)—

(i)after “objections” there is inserted “ or comments ”, and

(ii)for “ “the objection period”” there is substituted “the representation period” , and

(b)in paragraph (b)—

(i)after “objections” there is inserted “ or comments ”, and

(ii)for “the objection period” there is substituted “ the representation period ”.

(4)In sub-paragraph (3), after “objections” there is inserted “ or comments ”.

Prospective

3(1)Paragraph 3 (approval of proposals) is amended as follows.E+W

(2)In sub-paragraph (1)(a)(i), for “objection period” there is substituted “ representation period ”.

(3)In sub-paragraph (2), at the end there is inserted “or

(d)if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator.”

(4)After sub-paragraph (6) there is inserted—

“(6A)Where the committee reject proposals published by promoters for the establishment of a new foundation or voluntary school, the committee shall, if the promoters so request, refer the proposals to the adjudicator.

(6B)Sub-paragraph (6A) does not apply in relation to proposals published—

(a)by the Diocesan Board of Education for a diocese of the Church of England, or

(b)by or on behalf of the Bishop and Trustees of a diocese of the Roman Catholic Church.

(6C)Where the committee reject proposals to make an alteration to a school which are published by the governing body of the school under section 28, and—

(a)the school is of a prescribed description, and

(b)the alteration is of a prescribed description,

the committee shall refer the proposals to the adjudicator if the governing body so request.”

(5)In sub-paragraph (7)—

(a)for “sub-paragraph (5) or (6)” there is substituted “ this paragraph ”, and

(b)after “sub-paragraphs (2) to (4)” there is inserted “ (other than sub-paragraph (2)(d)) ”.

Prospective

4(1)Paragraph 4 (determination by LEA whether to implement proposals) is amended as follows.E+W

(2)In sub-paragraph (1)(b), for “objection period” there is substituted “ representation period ”.

(3)After sub-paragraph (4) there is inserted—

“(4A)The authority may, if they think it appropriate to do so and subject to regulations, refer to the relevant committee any proposals which would otherwise fall to be determined by the authority under this paragraph.”

(4)In sub-paragraph (5), after paragraph (b) there is inserted “or

(c)the authority refer the proposals to the relevant committee,”.

Prospective

5(1)Paragraph 5 (requirement to implement proposals) is amended as follows.E+W

(2)After sub-paragraph (6) there is inserted—

“(6A)The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any matter which would otherwise fall to be determined by the committee under this paragraph.”

(3)In sub-paragraph (7), for “sub-paragraph (5) or (6)” there is substituted “ this paragraph ”.

(4)In sub-paragraph (9), the words “or (8)” shall cease to have effect.

(5)After that sub-paragraph there is inserted—

“(10)Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the relevant committee under paragraph 3, those proposals shall be regarded as requiring fresh approval under that paragraph.

(11)Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the adjudicator under paragraph 3, those proposals fall to be considered afresh by him under that paragraph (and sub-paragraph (7) of that paragraph shall accordingly apply).”

6(1)Paragraph 10 (requirement to implement proposals in Wales) is amended as follows.E+W

(2)In sub-paragraph (6), the words “or (5)” shall cease to have effect.

(3)After that sub-paragraph there is inserted—

“(7)Where, by virtue of sub-paragraph (5), sub-paragraph (1) ceases to apply to any proposals, those proposals shall be regarded as requiring fresh approval under paragraph 8.”

Annotations:

Commencement Information

I2Sch. 10 para. 6 partly in force; Sch. 10 para. 6 not in force at Royal Assent, see s. 216; Sch. 10 para. 6 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Prospective

Proposals for rationalisation of school placesE+W

7Schedule 7 to the School Standards and Framework Act 1998 (c. 31) (procedure on proposals for rationalisation of school places) has effect subject to the following amendments.

Prospective

8In paragraph 7 (objections)—E+W

(a)in sub-paragraph (1), after “objections to” there is inserted “ , or comments on, ”, and

(b)in sub-paragraph (2), after “Objections” there is inserted “ or comments ”.

Prospective

9(1)Paragraph 8 (approval of proposals) is amended as follows.E+W

(2)In sub-paragraph (2), after “must” there is inserted “ (subject to sub-paragraph (2A)) ”.

(3)After that sub-paragraph there is inserted—

“(2A)The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any proposals which would otherwise fall to be dealt with by them under sub-paragraph (2).”

(4)In sub-paragraph (7), for “sub-paragraph (5) or (6)”, in both places, there is substituted “ this paragraph ”.

Prospective

10In paragraph 9 (local inquiry), in sub-paragraph (1)—E+W

(a)for “paragraph 8(5) or (6)” there is substituted “ paragraph 8 ”, and

(b)in paragraph (c), after “objections” (in both places) there is inserted “ or comments ”.

Proposals in relation to sixth formsE+W

11Schedule 7 to the Learning and Skills Act 2000 (c. 21) (procedure on proposals in relation to inadequate sixth forms) has effect subject to the following amendments.

Annotations:

Commencement Information

I3Sch. 10 para. 11 partly in force; Sch. 10 para. 11 not in force at Royal Assent, see s. 216; Sch. 10 para. 11 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Prospective

12In paragraph 34, after “objections to” there is inserted “ , or comments on, ”.E+W

Prospective

13(1)Paragraph 35 (consideration of proposals by school organisation committee) is amended as follows.E+W

(2)In sub-paragraph (1), at the end there is inserted “or

(d)if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator.”

(3)In sub-paragraph (2)(c), after “objections” there is inserted “ or comments ”.

(4)In sub-paragraph (4), for “be treated as being rejected at that time” there is substituted “ fall to be considered afresh under sub-paragraph (1) ”.

(5)In sub-paragraph (7), for “sub-paragraphs (1) to (4)” there is substituted “ sub-paragraphs (1)(a) to (c) and (2) to (4) ”.

Prospective

14In paragraph 37 (referral of questions to adjudicator), after sub-paragraph (2) there is inserted—E+W

“(2A)A committee may, where they think it appropriate to do so and subject to regulations, refer to the adjudicator the question mentioned in sub-paragraph (1).”

15In paragraph 42 (consideration of proposals in Wales), in sub-paragraph (4), for “be treated as being rejected at that time” there is substituted “ fall to be considered afresh under sub-paragraph (1) ”.E+W

Annotations:

Commencement Information

I4Sch. 10 para. 15 partly in force; Sch. 10 para. 15 not in force at Royal Assent, see s. 216; Sch. 10 para. 15 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

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SCHEDULE 10 E+WEstablishment etc of schools: procedural changes

Proposals for establishment, alteration and discontinuance of schoolsE+W

Proposals for rationalisation of school placesE+W

Proposals in relation to sixth formsE+W

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SCHEDULE 10 E+WEstablishment etc of schools: procedural changes

Proposals for establishment, alteration and discontinuance of schoolsE+W

Proposals for rationalisation of school placesE+W

Proposals in relation to sixth formsE+W

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