In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176 of that Act) for subsection (1A) there is substituted—(1A)

Subsection (1) has effect without prejudice to the operation of—

In section 46(3) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), for the definition of “free school transport” there is substituted—

“free school transport” means transport provided by alocal education authority free of charge—

for the purpose of facilitating the attendance of persons receiving education or training at any premises;

In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.

In section 4 of the Building Act 1984 (exemption of educational buildings from building regulations), for subsection (1)(a)(ii) there is substituted—(ii)

particulars submitted and approved under regulations made under section 544 of the Education Act 1996,

In section 1(1) of the Education Act 1986 (payment of grant) for “either of them” there is substituted “that body”.

In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “suitable to the requirements of persons who have attained the age of fourteeen years”.

In Schedule 9A to the Children Act 1989 (child minding and day care for young children), for paragraph 4(2)(b) there is substituted—(b)

he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children;

In section 98(2) of the Environmental Protection Act 1990 (definition of “educational institution”), paragraph (c)(ii) is omitted.

In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “suitable to the requirements of persons who have attained the age of fourteeen years”.

In section 21 of the Further and Higher Education Act 1992 (initial instruments and articles), in subsection (3), for “Chapter III of Part II of the School Standards and Framework Act 1998” there is substituted “section 19 of the Education Act 2002”.

Section 23(4)(b) of the Further and Higher Education Act 1992 (institutions maintained by LEAs: Secretary of State must approve exclusion of any property etc. from initial transfer to FE corporation) shall cease to have effect.

In section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted.

Sections 39 to 42 of the Further and Higher Education Act 1992 (restrictions on powers of local authorities to dispose of land etc. in period before institution becomes institution within the further education sector) shall cease to have effect.

In section 43 of the Further and Higher Education Act 1992 (remuneration of employees in educational institutions), for subsection (3) there is substituted—(3)

This section does not apply to remuneration determined in accordance with an order under section 122 of the Education Act 2002 (determination of school teachers' pay and conditions).

Section 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.

In section 54(1) of the Further and Higher Education Act 1992 (duty of certain bodies to give to the Learning and Skills Council for England or National Council for Education and Training for Wales information required for the purposes of the exercise of their functions under Part 1 of that Act), for “this Part of this Act” there is substituted “any enactment”.

Section 60 of the Further and Higher Education Act 1992 (saving as to persons detained by order of a court) shall cease to have effect.

In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals) for paragraphs (b) and (c) there is substituted—(b)

exclusion appeal panels constituted in accordance with regulations under section 52 of the Education Act 2002;

In section 4 of the Education Act 1994 (qualifying activities and eligible institutions), subsection (4) shall cease to have effect.

In section 14 of the Education Act 1994 (qualification of teachers, &c.), subsections (1), (3) and (4) are omitted.

In section 19(1) of the Education Act 1994 (interpretation), for the definition of “governing body” there is substituted—

“governing body”, in relation to an institution conducted by a company, shall be construed in accordance with any order under section 4(3);

In section 28D of the Disability Discrimination Act 1995 (accessibility strategies and plans), in subsection (14) after “maintained school” there is inserted “or maintained nursery school”.

In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools) for “section 55(5) of the School Standards and Framework Act 1998” there is substituted “paragraph 7 of Schedule 2 to the Education Act 2002”.

In section 139 of the Employment Rights Act 1996 (redundancy), in subsection (3), for “governors” there is substituted “governing bodies”.

In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (7) for “governors” (in both places) there is substituted “governing body”.

In section 2 of the Education Act 1996 (definition of primary, secondary and further education), in subsection (4), after “subsection (2)(b)” there is inserted “or (2A)”.

In section 29 of the Education Act 1996 (provision of information by local education authorities), subsection (6) is omitted.

In section 313 of the Education Act 1996 (Code of Practice), in subsection (1), after “maintained schools” there is inserted “and maintained nursery schools”.

In section 315 of the Education Act 1996 (review of arrangements), in subsection (2) after “special schools” there is inserted “and maintained nursery schools”.

In section 317A(1) of the Education Act 1996 (duty to inform parent where special educational provision made), in paragraph (a)(i) after “school” there is inserted “or a maintained nursery school”.

In section 321 of the Education Act 1996 (general duty of local education authority towards children for whom they are responsible), in subsection (3), in paragraphs (a) and (b), after “maintained school” there is inserted “or maintained nursery school”.

In section 324 of the Education Act 1996 (statement of special educational needs), in subsection (5)(b) after “maintained school” there is inserted “or maintained nursery school”.

In section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body), in subsection (13)(a), the words “a maintained nursery school or” are omitted.

In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for “and” at the end of paragraph (a) there is substituted—(aa)

“assessment arrangements” and “fourth key stage”—

In section 499 of the Education Act 1996 (power to direct appointment of members of education committees) for subsection (9) there is substituted—(9)

In subsections (6) and (8)—

In section 509 of the Education Act 1996 (provision of transport etc), in subsection (4)(b), for the words from “with” to “provided” there is substituted “with education or training at a school or institution in which the religious education provided”.

In section 512A of the Education Act 1996 (transfer of functions under section 512 to governing bodies) in subsection (7) for the definitions of “delegated budget” and “maintained school” there is substituted—

“delegated budget” has the same meaning as in the School Standards and Framework Act 1998;

“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;

In section 530 of the Education Act 1996 (compulsory purchase of land), in subsection (3), at the end there is inserted “(including that provision as applied by any enactment)”.

In section 533 of the Education Act 1996 (c. 56) (duties of governing bodies with respect to provision of school meals etc), for subsection (3)(b) and (c) there is substitutedand(b)

charge every person the same price for the same quantity of the same item.

In section 545 of the Education Act 1996 (exemption of educational buildings from building byelaws), in subsection (2)(a) the words “or section 218(7) of the Education Reform Act 1988” are omitted.

In section 578 of the Education Act 1996 (meaning of “the Education Acts”), the reference to the School Teachers' Pay and Conditions Act 1991 is omitted.

In section 16 of the School Inspections Act 1996 (destination of reports), in subsections (1)(b) and (3)(c), after “foundation special school” there is inserted “or maintained nursery school”.

In section 18(1)(a) of the School Inspections Act 1996 (additional special measures by local education authority), after “community or foundation special school” there is inserted “or maintained nursery school”.

In section 21(3)(b) of the School Inspections Act 1996 (duty to send Secretary of State copies of statement prepared under section 21(1) of that Act), the words “except in the case of a maintained nursery school” are omitted.

In section 23 of the School Inspections Act 1996 (inspection of religious education) in subsection (4)(a) for “section 352(1)(a) of the Education Act 1996” there is substituted “section 80(1)(a) or 101(1)(a) of the Education Act 2002”.

In Schedule 4 to the School Inspections Act 1996 (inspections of denominational education), in paragraph 3(5), for “means the governors' report under section 42 of the School Standards and Framework Act 1998” there is substituted “means the governors' report under section 30 of the Education Act 2002”.

In section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications and Curriculum Authority of their functions), in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “section 78 of the Education Act 2002”.

In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “section 99 of the Education Act 2002”.

Section 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.

In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.

In section 2 of the Teaching and Higher Education Act 1998 (advisory functions of General Teaching Council), in subsection (4), for “by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers)” there is substituted “under section 142 of the Education Act 2002 (prohibition from teaching, &c.)”.

In section 4 of the Teaching and Higher Education Act 1998 (regulations relating to registration with General Teaching Council), for subsection (3)(a) there is substituted—(a)

a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),

In section 7 of the Teaching and Higher Education Act 1998 (additional functions of General Teaching Council), in subsection (3), for the words from “the exercise” to the end there is substituted “the specification of requirements of regulations under section 132 of the Education Act 2002 (qualified teacher status)”.

Section 10 of the Teaching and Higher Education Act 1998 (further functions of General Teaching Council for Wales in relation to teachers) shall cease to have effect.

Section 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.

Section 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.

For section 15 of the Teaching and Higher Education Act 1998 (supply of information relating to dismissal or resignation of teachers, &c.) there is substituted—

Section 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.

In section 1 of the School Standards and Framework Act 1998 (duty to set limit on infant class sizes), for “qualified teacher” there is substituted “school teacher”.

In section 4 of the School Standards and Framework Act 1998 (interpretation) for the definition of “qualified teacher” there is substituted—

“school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers' pay and conditions)

In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.

In section 12 of the School Standards and Framework Act 1998 (functions of Education Action Forum), in subsection (4) for the words from “under sections” to “Schedule 17,” there is substituted “under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections,”.

Section 13 of the School Standards and Framework Act 1998 (disapplication of school teachers' pay and conditions order) shall cease to have effect.

In section 14 of the School Standards and Framework Act 1998 (powers of intervention exercisable by LEAs), after subsection (1) there is inserted—(1A)

In this Chapter “maintained school” includes a maintained nursery school.

In section 20 of the School Standards and Framework Act 1998 (new categories of maintained schools), in subsection (2)(b), for “section 28 or 31” there is substituted “any enactment”.

In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation), in subsection (5) for the words from “under paragraph 6” onwards there is substituted “under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act).”

In section 61 of the School Standards and Framework Act 1998 (responsibility of governing body and head teacher for discipline) after subsection (7) there is inserted—(8)

In this section “maintained school” includes a maintained nursery school.

In section 62 of the School Standards and Framework Act 1998 (reserve power of local education authority to prevent a breakdown of discipline) after subsection (4) there is inserted—(5)

In this section “maintained school” includes a maintained nursery school.

In section 71 of the School Standards and Framework Act 1998 (exceptions and special arrangements etc.) in subsection (2)(a) for “section 352(1)(a) of the Education Act 1996” there is substituted “section 80(1)(a) or 101(1)(a) of the Education Act 2002”.

In section 72 of the School Standards and Framework Act 1998 (further provisions relating to new schools), in subsection (3)(a) for “section 44” there is substituted “section 34 of the Education Act 2002”.

In section 81 of the School Standards and Framework Act 1998 (application of employment law during financial delegation), in subsection (1) for the words from “sections” to the end there is substituted “sections 35 to 37 of the Education Act 2002 or of regulations under those sections”.

In section 82 of the School Standards and Framework Act 1998 (modification of trust deeds), in subsection (1), after “provision of this Act” there is inserted “, the Learning and Skills Act 2000 or the Education Act 2002”.

In section 101 of the School Standards and Framework Act 1998 (permitted selection), in subsection (4), for the words from “under” to the end there is substituted “, and fallen to be implemented, under any enactment”.

In section 138 of the School Standards and Framework Act 1998 (orders and regulations) in subsection (4)(a), after “20(7)” there is inserted “45C(2),”.

In section 142 of the School Standards and Framework Act 1998 (general interpretation) in subsection (1) after the definition of “employment” there is inserted—

“exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);

“foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;

In Schedule 3 to the School Standards and Framework Act 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 4(2)(a), for the words from “Part III” to “proposals)” there is substituted “any enactment”.

In Schedule 7 to the School Standards and Framework Act 1998 (rationalisation of school places), in paragraph 8(7)(c) (approval of proposals), after “body of any” there is inserted “community”.

In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.

Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect.

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 52 there is substituted—52

The governing body of—