SCHEDULE 5 E+WMINOR AND CONSEQUENTIAL AMENDMENTS

PART 2 E+WAMENDMENTS RELATING TO PART 3 (SCHOOL ORGANISATION)

School Standards and Framework Act 1998 E+W

19 (1) The School Standards and Framework Act 1998 is amended as follows. E+W

(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.”

Commencement Information

I1 Sch. 5 para. 19 in force at 1.10.2013 by S.I. 2013/1800, art. 3(j) (with art. 4)