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SCHEDULES

Section 19(6)

SCHEDULE 1E+WIncorporation and powers of governing body

Modifications etc. (not altering text)

C2Sch. 1 applied (with modifications) (10.7.2003) by New Schools (General) (England) Regulations 2003 (S.I. 2003/1558), regs. 1, 32

C3Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 31

C4Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 30(1) (with reg. 30(2))

IntroductoryE+W

1In the following paragraphs of this Schedule—

  • the 1998 Act” means the School Standards and Framework Act 1998 (c. 31);

  • the governing body” means the governing body of a maintained school incorporated under section 19(1).

Commencement Information

I1Sch. 1 para. 1 partly in force; Sch. 1 para. 1 not in force at Royal Assent, see s. 216; Sch. 1 para. 1 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I2Sch. 1 para. 1 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

Name and seal of governing bodyE+W

2(1)The governing body shall be known as “The governing body of....” with the addition of the name of the school as for the time being set out in the school’s instrument of government.

(2)The application of the seal of the governing body must be authenticated by the signature—

(a)of the chairman of the governing body, or

(b)of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(3)Every document purporting to be an instrument made or issued by or on behalf of the governing body and—

(a)to be duly executed under the seal of the governing body, or

(b)to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.

Commencement Information

I3Sch. 1 para. 2 partly in force; Sch. 1 para. 2 not in force at Royal Assent, see s. 216; Sch. 1 para. 2 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I4Sch. 1 para. 2 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

Powers of governing bodyE+W

3(1)The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with—

(a)the conduct of the school, or

(b)the provision of facilities or services under section 27.

(2)The governing body may provide advice or assistance to—

(a)the governing body of any other maintained school, whether or not maintained by the same [F1local authority], or

(b)any [F1local authority].

[F2(2A)The governing body of a maintained school in England (other than the governing body of a maintained nursery school) may provide advice and assistance to the proprietor of an Academy.

(2B)The governing body of a maintained school in England may be a member of the foundation of another maintained school in England.

In this sub-paragraph “foundation” has the meaning given by section 21(3) of the 1998 Act, except that it does not include a foundation established under that Act.]

(3)The powers conferred by sub-paragraphs (1) [F3, (2) and (2A)] include, in particular, power—

(a)to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,

(b)to acquire and dispose of land and other property,

(c)to enter into contracts,

(d)to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,

(e)to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes, and

(f)to do anything incidental to the conduct of the school, the provision of advice or assistance under sub-paragraph (2) [F4 or (2A)] , or the provision of facilities and services under section 27.

(4)The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent—

(a)of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or

(b)if an order under sub-paragraph (5) so provides, of the [F1local authority];

and any such consent may be given for particular borrowing or for borrowing of a particular class.

(5)The Secretary of State or the National Assembly for Wales may by order make provision for any of his or its functions under sub-paragraph (4) to be instead exercisable—

(a)in the case of all maintained schools, or

(b)in the case of any class of such schools specified in the order,

by the [F5local authorities] by whom those schools are maintained.

(6)In exercising those functions those authorities shall comply with any directions contained in an order made by the Secretary of State or the National Assembly for Wales.

(7)Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (3)(c) includes power to enter into contracts for the employment of teachers and other staff, but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school or of a maintained nursery school.

(8)Sub-paragraphs (1) to (3) have effect subject to—

(a)any provisions of the school’s instrument of government, and

(b)any provisions of a scheme under section 48 of the 1998 Act ( [F5local authorities]’ financial schemes) which relates to the school.

Textual Amendments

F2Sch. 1 para. 3(2A)(2B) inserted (19.7.2010) by Children, Schools and Families Act 2010 (c. 26), ss. 6(2), 29(5) (with s. 27); S.I. 2010/1817, art. 2

F3Words in Sch. 1 para. 3(3) substituted (19.7.2010) by Children, Schools and Families Act 2010 (c. 26), ss. 6(3)(a), 29(5) (with s. 27); S.I. 2010/1817, art. 2

F4Words in Sch. 1 para. 3(3)(f) inserted (19.7.2010) by Children, Schools and Families Act 2010 (c. 26), ss. 6(3)(b), 29(5) (with s. 27); S.I. 2010/1817, art. 2

Modifications etc. (not altering text)

C9Sch. 1 para. 3(1)-(6) applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20 (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(4))

C10Sch. 1 para. 3(8) applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20 (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(4))

Commencement Information

I5Sch. 1 para. 3(1) except para. (a) in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4

Sch. 1 para. 3(3)-(8) in force at 2.9.2002 for specified purposes for E. by S.I. 2002/2002, art. 4

Sch. 1 para. 3 in force at 1.10.2002 insofar as not already in force for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I6Sch. 1 para. 3(1)(a)(2) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I7Sch. 1 para. 3(1)(b) in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I8Sch. 1 para. 3(3)-(8) in force at 1.9.2003 for specified purposes for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I9Sch. 1 para. 3(3)-(8) in force at 31.10.2005 for W. so far as not already in force by S.I. 2005/2910, art. 4, Sch.

4E+WRegulations may make further provision—

(a)as to the general powers of the governing body, and

(b)as to other matters relating to it as a body corporate.

Commencement Information

I10Sch. 1 para. 4 partly in force; Sch. 1 para. 4 not in force at Royal Assent, see s. 216; Sch. 1 para. 4 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I11Sch. 1 para. 4 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

Dissolution of governing bodyE+W

5(1)If the school is discontinued, the governing body are dissolved by virtue of this paragraph—

(a)on the discontinuance date, or

(b)on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.

[F6(1A)Sub-paragraph (1) does not apply if—

(a)the school is a federated school in Wales, and

(b)immediately after the discontinuance date, there will be more than one other school remaining in the federation.

(1B)“Federation” in sub-paragraph (1A) means a group of schools that are federated by virtue of Chapter 1 of Part 2 of the Education (Wales) Measure 2011 or were federated by virtue of section 24 before the coming into force of that Chapter, and “federated school” means a school forming part of a federation.]

[F7(1A)Sub-paragraph (1) does not apply if—

(a)the school is a federated school in England, and

(b)immediately after the discontinuance date, there will be more than one other school remaining in the federation.

(1B)“Federation” and “federated school” have the meanings given by section 24(2).]

(2)In this paragraph “the discontinuance date” means—

(a)in relation to a school in England, whichever of the following is relevant—

(i)the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 F8...,

(ii)the date on which the school is discontinued under section 30 of the 1998 Act, F9...

(iii)the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006[F10, or

(iv)the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;]

(b)in relation to a school in Wales, whichever of the following is relevant—

[F11(i)the date on which proposals for discontinuing the school are implemented under Part 3 of the School Standards and Organisation (Wales) Act 2013,

(ii)the date on which the school is discontinued under section 80 of the School Standards and Organisation (Wales) Act 2013, or

(iii)the date specified in a direction given under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013]

Textual Amendments

F6Sch. 1 para. 5(1A)(1B) inserted (W.) (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(7), 33(2); S.I. 2014/1066, art. 2

F7Sch. 1 para. 5(1A)(1B) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 39, 82(3); S.I. 2012/1087, art. 3

F9Word in Sch. 1 para. 5(2)(a) omitted (29.7.2010) by virtue of Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 15; S.I. 2010/1937, art. 2, Sch. 1

F10Sch. 1 para. 5(2)(a)(iv) and word inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 15; S.I. 2010/1937, art. 2, Sch. 1

F11Sch. 1 para. 5(2)(a)(i)-(iii) substituted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(11); S.I. 2013/1800, art. 3(j)

Commencement Information

I12Sch. 1 para. 5 partly in force; Sch. 1 para. 5 not in force at Royal Assent, see s. 216; Sch. 1 para. 5 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I13Sch. 1 para. 5 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

Sections 35(7) and 36(7)

SCHEDULE 2E+WEffect on staffing of suspension of delegated budget

Part 1E+WCommunity, voluntary controlled, community special and maintained nursery schools

Modifications etc. (not altering text)

1E+WThe arrangements for the staffing of the school shall be determined by the [F1local authority].

Textual Amendments

Modifications etc. (not altering text)

C12Sch. 2 paras. 1-3 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(5))

Commencement Information

I14Sch. 2 para. 1 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

2E+WThe authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.

Modifications etc. (not altering text)

C12Sch. 2 paras. 1-3 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(5))

Commencement Information

I15Sch. 2 para. 2 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

3E+WThe authority shall, in connection with the exercise of their functions under paragraph 2, consult the governing body to such extent as the authority think fit.

Modifications etc. (not altering text)

C12Sch. 2 paras. 1-3 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(5))

Commencement Information

I16Sch. 2 para. 3 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

4E+WIn relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), paragraph 2 shall have effect subject to the provisions of that section.

Commencement Information

I17Sch. 2 para. 4 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

Part 2E+WFoundation, voluntary aided and foundation special schools

Modifications etc. (not altering text)

5E+WThe arrangements for the staffing of the school shall be determined by the [F1local authority].

Textual Amendments

Commencement Information

I18Sch. 2 para. 5 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

6E+WExcept with the consent of the authority, the governing body shall not—

(a)appoint any teacher to work at the school, or

(b)dismiss any teacher at the school.

Commencement Information

I19Sch. 2 para. 6 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

7E+WThe authority may give the governing body directions—

(a)as to the educational qualifications of the teachers to be appointed for giving secular education, or

(b)requiring them to dismiss any teacher at the school;

but the authority shall not give any directions under paragraph (a) except after consulting the governing body.

Commencement Information

I20Sch. 2 para. 7 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

8E+WThe authority may give directions to the governing body as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.

Commencement Information

I21Sch. 2 para. 8 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

9E+WWhere the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control authorised by regulations under section 31) the use of those premises is or would be under the control of any such person, the reference in paragraph 8 to the governing body shall be read as a reference to that person.

Commencement Information

I22Sch. 2 para. 9 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch. (with art. 5)

10E+WParagraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31).

Commencement Information

I23Sch. 2 para. 10 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

[F1211E+WParagraph 8 has effect subject to—

(a)any provision made by an order under section 231(2)(a) or 233(2)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;

(b)any provision made by an order under section 233(2)(d) or 234(2)(b) or (4)(b) of that Act, where the order provides that it is to have effect for determining the conditions of employment of persons to whom it applies.]

Section 40

SCHEDULE 3E+WAmendments of Part 2 of School Standards and Framework Act 1998

IntroductoryE+W

1In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998.

Commencement Information

I24Sch. 3 para. 1 partly in force; Sch. 3 para. 1 not in force at Royal Assent, see s. 216; Sch. 3 para. 1 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I25Sch. 3 para. 1 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

Expenditure incurred for community purposesE+W

2(1)Section 48 of the 1998 Act ( [F5local authorities]’ financial schemes) is amended as follows.

(2)In subsection (1) after “by the authority” there is inserted “ or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) ”.

(3)In subsection (2) after paragraph (d) there is inserted—

(dd)the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures;.

Textual Amendments

Commencement Information

I26Sch. 3 para. 2 partly in force; Sch. 3 para. 2 not in force at Royal Assent, see s. 216; Sch. 3 para. 2 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I27Sch. 3 para. 2 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

3E+WIn section 50 of the 1998 Act (effect of financial delegation), in subsection (4) (meaning of “purposes of the school”) before paragraph (a) there is inserted—

(za)facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),.

Commencement Information

I28Sch. 3 para. 3 partly in force; Sch. 3 para. 3 not in force at Royal Assent, see s. 216; Sch. 3 para. 3 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I29Sch. 3 para. 3 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

4E+WAfter section 51 of the 1998 Act there is inserted—

E+W

Expenditure incurred for community purposes

51A Expenditure incurred for community purposes

(1)Expenditure incurred by the governing body of a maintained school in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the [F1local authority] may be recovered by them from the governing body.

(2)Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any financial year.

(3)Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget.

Textual Amendments

Commencement Information

I30Sch. 3 para. 4 partly in force; Sch. 3 para. 4 not in force at Royal Assent, see s. 216; Sch. 3 para. 4 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I31Sch. 3 para. 4 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

5E+WIn Schedule 15 to the 1998 Act (suspension of financial delegation), in paragraph 1(1) (cases where [F1local authority] may suspend governing body’s right to a delegated budget) the word “or” at the end of paragraph (a) is omitted and at the end of paragraph (b) there is inserted or

(c)are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).

Textual Amendments

Commencement Information

I32Sch. 3 para. 5 partly in force; Sch. 3 para. 5 not in force at Royal Assent, see s. 216; Sch. 3 para. 5 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I33Sch. 3 para. 5 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

Teachers engaged otherwise than as employeesE+W

6(1)Section 58 of the 1998 Act (appointment and dismissal of certain teachers at a school with a religious character) is amended as follows.

(2)In subsection (2)—

(a)for “the teaching staff of” there is substituted “ teachers at ”, and

(b)for “the teaching staff shall” there is substituted “ the teachers shall ”.

(3)In subsection (3), for “the number of the teaching staff”, in both places where it occurs, there is substituted “ the total number of teachers ”.

(4)In subsection (4), for “while holding the post of” there is substituted “ while he remains ”.

(5)In subsection (6), for the words from “may” to the end there is substituted may—

(a)in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and

(b)in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement..

(6)In subsection (9), in the definition of “reserved teacher”, after “employed” there is inserted “ or engaged ”.

Commencement Information

I34Sch. 3 para. 6 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I35Sch. 3 para. 6 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

7E+WIn section 59 of the 1998 Act (staff at community, secular foundation or voluntary, or special school), in subsection (2)(b), after “employed” there is inserted “ or engaged ”.

Commencement Information

I36Sch. 3 para. 7 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I37Sch. 3 para. 7 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

8(1)Section 60 of the 1998 Act (staff at foundation or voluntary school with religious character) is amended as follows.E+W

(2)In subsection (5)(b), after “employment” there is inserted “ or engagement ”.

(3)In subsection (6), after “employed” there is inserted “ or engaged ”.

Commencement Information

I38Sch. 3 para. 8 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I39Sch. 3 para. 8 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

Section 51

SCHEDULE 4E+WAdmission arrangements

1E+WIn this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).

Commencement Information

I40Sch. 4 para. 1 partly in force; Sch. 4 para. 1 not in force at Royal Assent, see s. 216; Sch. 4 para. 1 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I41Sch. 4 para. 1 in force at 9.1.2004 for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

Meaning of “appeal panel”E+W

2In section 84(6) of the 1998 Act (interpretation of Chapter 1 of Part 3), in the definition of “appeal panel”, for “under Schedule 24 or 25” there is substituted “ in accordance with regulations under section 94(5) or 95(3) ”.

Commencement Information

I42Sch. 4 para. 2 partly in force; Sch. 4 para. 2 not in force at Royal Assent, see s. 216; Sch. 4 para. 2 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch. paras. 2, 3)

I43Sch. 4 para. 2 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 3)

I44Sch. 4 para. 2 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(4))

Parental preferencesE+W

3(1)Section 86 of the 1998 Act (parental preferences) is amended as follows.

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After subsection (2) there is inserted—

(2A)Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference.

(4)In subsection (3)—

(a)at the end of paragraph (a) there is inserted “ or ”, and

(b)paragraph (b) is omitted.

F14(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Subsection (6) shall cease to have effect.

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In subsection (9), for “provide for all pupils admitted to the school” there is substituted “ , or arrangements such as are mentioned in subsection (3B), provide for all pupils selected under the arrangements ”.

Textual Amendments

Commencement Information

I45Sch. 4 para. 3 partly in force; Sch. 4 para. 3 not in force at Royal Assent, see s. 216; Sch. 4 para. 3 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) (as amended (4.12.2003) by S.I. 2003/2992, arts. 1, 3)

I46Sch. 4 para. 3(1)-(5) (7)(8) in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(1))

I47Sch. 4 para. 3(6) in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

Children permanently excluded from two or more schoolsE+W

4In section 87 of the 1998 Act (no requirement to admit children permanently excluded from two or more schools) for subsection (4) there is substituted—

(4)However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if—

(a)he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002,

(b)on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided—

(i)that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but

(ii)that it would otherwise have been appropriate to give such a direction, or

(c)he was so excluded at a time when he had not attained compulsory school age.

(4A)In subsection (4) “the relevant authority” means—

(a)the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or

(b)a panel constituted in accordance with regulations under subsection (3)(c) of that section.

Commencement Information

I48Sch. 4 para. 4 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I49Sch. 4 para. 4 in force at 9.1.2004 for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

Procedure for determining admission arrangementsE+W

5(1)Section 89 of the 1998 Act (procedure for determining admission arrangements) is amended as follows.

(2)For subsection (2) there is substituted—

(2)Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely—

(a)whichever of the governing body and the [F1local authority] are not the admission authority,

(b)the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed,

(c)the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), and

(d)the admission authorities for maintained schools of any prescribed description.

(2A)Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if—

(a)the admission authority are the school’s governing body, and

(b)prescribed conditions are satisfied in relation to that year.

(3)In subsections (4), (5) and (6), for “bodies whom they consulted under subsection (2)” there is substituted “ appropriate bodies ”.

(4)In subsection (8), after paragraph (f) there is inserted—

(fa)requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed;.

(5)After that subsection there is inserted—

(8A)The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it—

(a)by giving a notice containing the information to prescribed persons, or

(b)in any other prescribed manner.

(6)For subsection (9) there is substituted—

(9)Where the [F1local authority] are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5).

(7)After that subsection there is inserted—

(10)In this section “the appropriate bodies”, in relation to an admission authority, means the bodies whom they were required to consult under subsection (2), or would but for subsection (2A) have been required so to consult.

Textual Amendments

Commencement Information

I50Sch. 4 para. 5 partly in force; Sch. 4 para. 5 not in force at Royal Assent, see s. 216; Sch. 4 para. 5 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I51Sch. 4 para. 5 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

Reference of objectionsE+W

6In section 90(1)(b) of the 1998 Act (reference of objections to adjudicator or Secretary of State), for “consulted by the admission authority under section 89(2)” there is substituted “ who were, or would but for subsection (2A) of section 89 have been, required to be consulted by the admission authority under subsection (2) of that section ”.

Commencement Information

I52Sch. 4 para. 6 partly in force; Sch. 4 para. 6 not in force at Royal Assent, see s. 216; Sch. 4 para. 6 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I53Sch. 4 para. 6 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

Publication of informationE+W

7For section 92 of the 1998 Act (publication of information about admissions) there is substituted—

92 Publication of information about admissions

Regulations may—

(a)require the publication by a [F1local authority] of such information relating to admissions as may be prescribed,

(b)require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed,

(c)require or allow the publication by the governing body of any school maintained by a [F1local authority], or by the [F1local authority] on behalf of the governing body, of such information relating to the school as may be prescribed, and

(d)make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published.

Textual Amendments

Commencement Information

I54Sch. 4 para. 7 partly in force; Sch. 4 para. 7 not in force at Royal Assent, see s. 216; Sch. 4 para. 7 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I55Sch. 4 para. 7 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

Appeal arrangements: generalE+W

8(1)Section 94 of the 1998 Act (appeal arrangements: general) is amended as follows.

(2)After subsection (1) there is inserted—

(1A)A [F1local authority] shall make arrangements for enabling the parent of a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

(3)After subsection (2) there is inserted—

(2A)The governing body of a foundation or voluntary aided school shall make arrangements for enabling the parent of a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

(4)In subsection (3), after “(2)” there is inserted “ or (2A) ”.

(5)In subsection (4), in paragraph (a), after “(1)” there is inserted “ or (1A) ” and in paragraph (b), after “(2)” there is inserted “ or (2A) ”.

(6)In subsection (6) for “under Schedule 24” there is substituted “ pursuant to arrangements under this section ”.

F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I56Sch. 4 para. 8 partly in force; Sch. 4 para. 8 not in force at Royal Assent, see s. 216; Sch. 4 para. 8 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch. paras. 2, 3)

I57Sch. 4 para. 8 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 3)

I58Sch. 4 para. 8 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(3))

Appeals relating to children to whom section 87 appliesE+W

9In section 95 of the 1998 Act (appeals relating to children to whom section 87 applies), for subsection (3) there is substituted—

(3)An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations.

(3A)Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision—

(a)requiring prescribed information to be given to governing bodies in prescribed circumstances,

(b)as to the procedure on such appeals,

(c)for the payment by the [F1local authority] of allowances to members of an appeal panel, and

(d)as to the matters to which an appeal panel is to have regard in considering an appeal.

(3B)Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel.

Textual Amendments

Commencement Information

I59Sch. 4 para. 9 partly in force; Sch. 4 para. 9 not in force at Royal Assent, see s. 216; Sch. 4 para. 9 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in art. 3, Sch. paras. 2, 3)

I60Sch. 4 para. 9 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 3)

I61Sch. 4 para. 9 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(4))

Direction to admit child to specified schoolE+W

10In section 96(1) of the 1998 Act (direction to admit child to specified school) after “section” there is inserted “ to the governing body of a school for which they are not the admission authority ”.

Commencement Information

I62Sch. 4 para. 10 partly in force; Sch. 4 para. 10 not in force at Royal Assent, see s. 216; Sch. 4 para. 10 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I63Sch. 4 para. 10 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(2))

Procedure for giving direction under section 96E+W

11(1)Section 97 of the 1998 Act (procedure for giving direction under section 96) is amended as follows.

(2)For subsection (4) there is substituted—

(4)On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so—

(a)where the [F1local authority] referred to in subsection (1) are the admission authority for that school, they shall—

(i)admit the child to the school, and

(ii)give notice in writing to the governing body and head teacher of the school of the Secretary of State’s determination, and

(b)in any other case, that school shall be specified in the direction.

(3)For subsection (6) there is substituted—

(6)A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the [F1local authority] to the head teacher of the school.

Textual Amendments

Commencement Information

I64Sch. 4 para. 11 partly in force; Sch. 4 para. 11 not in force at Royal Assent, see s. 216; Sch. 4 para. 11 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I65Sch. 4 para. 11 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(2))

Nursery education, special schools and children with statementsE+W

12(1)Section 98 of the 1998 Act (admission for nursery education etc) is amended as follows.

(2)For subsection (2) there is substituted—

(2)The admission of children to a school for nursery education shall be disregarded—

(a)for the purposes of any determination under section 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and

(b)in determining for the purposes of section 89A what is a relevant age group in relation to a primary school.

(3)In subsection (3), after “Chapter” there is inserted “ apart from subsections (4A) and (4B) ”.

(4)After subsection (4) there is inserted—

(4A)The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school.

(4B)Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.

(5)In subsection (8) after “this section” there is inserted “ , apart from subsections (4A) and (4B), ”.

(6)For subsection (9) there is substituted—

(9)Such children shall, in addition, be taken into account for the purposes of—

(a)the references in section 86(5), (5B) and (9) to a number of pupils, and

(b)any determination under section 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.

Commencement Information

I66Sch. 4 para. 12 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 2)

I67Sch. 4 para. 12(1)(3)-(5) in force at 31.3.2004 for W. by S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 7)

I68Sch. 4 para. 12(2)(6) in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

Diocesan Boards of Education Measure 1991E+W

13In section 3(1) of the Diocesan Boards of Education Measure 1991 (1991 No. 2) (transactions for which advice or consent of Board is required), after paragraph (c) there is inserted—

(cc)consulting under section 89(2) of that Act about proposed admission arrangements for any school year;.

Commencement Information

I69Sch. 4 para. 13 partly in force; Sch. 4 para. 13 not in force at Royal Assent, see s. 216; Sch. 4 para. 13 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I70Sch. 4 para. 13 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

Education Act 1996E+W

14In section 439(2) of the Education Act 1996 (c. 56) (specification of school intended to be named in a school attendance order), for “fixed in accordance with section 93 of the School Standards and Framework Act 1998 (fixing admission numbers)” there is substituted “ determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers) ”.

Commencement Information

I71Sch. 4 para. 14 partly in force; Sch. 4 para. 14 not in force at Royal Assent, see s. 216; Sch. 4 para. 14 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in Sch.)

I72Sch. 4 para. 14 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

Section 56(3)

F17SCHEDULE 5E+WSchools causing concern: amendments consequential on sections 55 and 56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 59

F18 SCHEDULE 6E+WGoverning bodies consisting of interim executive members - Schedule to be inserted in School Standards and Framework Act 1998 as Schedule 1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 65

SCHEDULE 7E+WAcademies: supplementary

Part 1E+WLand

1E+WIn the Education Act 1996 (c. 56), the following Schedule is inserted after Schedule 35—

SCHEDULE 35AE+WAcademies: land

Transfer schemes

1(1)The Secretary of State may make a scheme in relation to land if these requirements are met—

(a)a [F1local authority] holds a freehold or leasehold interest in the land when the scheme is made;

(b)at any time in the period of eight years ending with the day on which the scheme is made the land was used wholly or mainly for the purposes of a county school or community school;

(c)at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used;

(d)before making the scheme the Secretary of State consulted the authority.

(2)The Secretary of State may also make a scheme in relation to land if these requirements are met—

(a)a [F1local authority] holds a freehold or leasehold interest in the land when the scheme is made;

(b)the land forms the whole or part of a site specified in a notice published under section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education) as a possible site for a new school;

(c)before making the scheme, the Secretary of State consulted the authority.

(3)These requirements must be met as regards a scheme under sub-paragraph (1) or (2)—

(a)the scheme must provide for a transfer of the authority’s interest in the land or in such part of it as is specified in the scheme;

(b)the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of an Academy;

(c)the transfer must be made to the transferee for the purposes of the Academy;

(d)in the case of a scheme under sub-paragraph (2), the Academy must have been the subject of proposals published under section 70 of the Education Act 2002;

(e)the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned.

(4)In sub-paragraph (3) the reference to a right or liability—

(a)includes a reference to a right or liability as a trustee, but

(b)excludes a reference to a liability in respect of the principal of or interest on a loan.

(5)A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(6)A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).

(7)A scheme comes into force—

(a)on the day it specifies for it to come into force, or

(b)on the day it otherwise identifies as the day for it to come into force.

(8)When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies.

(9)A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

Restriction on disposal

2(1)Sub-paragraph (2) applies if—

(a)a freehold or leasehold interest in land is held by a [F1local authority],

(b)the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it, and

(c)at any time in the period of eight years ending with the day on which the disposal, contract or option is proposed to be made, entered into or granted, the land was used wholly or mainly for the purposes of a county school or community school.

(2)Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option.

(3)Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph.

(4)Sub-paragraph (2) does not apply to—

(a)a disposal in favour of a person for the purposes of an Academy and for no consideration;

(b)a contract to make such a disposal;

(c)a grant of an option for a person to make an acquisition for the purposes of an Academy and for no consideration.

(5)A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2).

(6)A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.

3(1)This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2).

(2)In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.

(3)In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed.

(4)A repudiation under sub-paragraph (2) or (3) has effect—

(a)when the notice is served, and

(b)as if the repudiation were made by the authority.

(5)In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily.

(6)The Acquisition of Land Act 1981 (c. 67) is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5).

(7)On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy.

(8)If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of—

(a)the compensation agreed or awarded in respect of the purchase,

(b)any interest payable by him in respect of the compensation, and

(c)the costs and expenses incurred by him in connection with the making of the compulsory purchase order.

(9)The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).

4(1)For the purposes of paragraphs 2 and 3—

(a)references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;

(b)references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.

(2)If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.

Restriction on appropriation

5(1)Sub-paragraph (2) applies if—

(a)a freehold or leasehold interest in land is held by a [F1local authority],

(b)the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972 (c. 70), and

(c)at any time in the period of eight years ending with the day on which the appropriation is proposed to be made the land was used wholly or mainly for the purposes of a county school or community school.

(2)Unless the Secretary of State consents, the authority must not make the appropriation.

6(1)This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2).

(2)The Secretary of State may purchase the interest concerned compulsorily.

(3)Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).

Duty to inform

7(1)Sub-paragraph (2) applies if—

(a)a freehold or leasehold interest in land is held by a [F1local authority],

(b)the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school, and

(c)at any time in the period of eight years ending with the date of the proposed change of use the land was used wholly or mainly for the purposes of a county school or community school.

(2)The authority must inform the Secretary of State of the proposal.

Former Academies

8(1)This paragraph applies if—

(a)a freehold or leasehold interest in land is transferred from a [F1local authority] on or after 28th July 2000,

(b)the transfer is made to a person for the purposes of an Academy, and

(c)the first or the second condition set out below is satisfied.

(2)The first condition is that—

(a)the school concerned ceases to be an Academy, and

(b)immediately before the school ceases to be an Academy the interest is held by a person for the purposes of the Academy.

(3)The second condition is that, although the school concerned continues to be an Academy, the interest ceases to be held for the purposes of the Academy.

(4)This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1.

(5)Sub-paragraph (2) applies whether or not, on the school ceasing to be an Academy, it simultaneously ceases to function as a school.

(6)The Secretary of State may make a scheme providing for the transfer of the interest—

(a)from the person holding it;

(b)to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.

(7)A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(8)A scheme comes into force on the day it specifies for it to come into force.

(9)When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies.

(10)A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

Disapplication of rule against perpetuities

9Where—

(a)a freehold or leasehold interest in land is transferred for no consideration from a local authority to a person for the purposes of an Academy (whether or not by virtue of a scheme under paragraph 1), and

(b)at any time on or after the day on which this Schedule comes into force the authority is granted an option to make a re-acquisition of the interest (subject to whatever conditions),

the rule against perpetuities does not apply to the option.

Other Acts

10(1)Where a lease is granted by or transferred from a local authority to a person for the purposes of an Academy on or after the day on which this Schedule comes into force, section 153 of the Law of Property Act 1925 (c.20) (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease.

(2)Section 123(2) of the Local Government Act 1972 (c. 70) (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of an Academy.

(3)Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made—

(a)to a person for the purposes of an Academy, and

(b)for no consideration.

(4)Section 77(1) of the School Standards and Framework Act 1998 (c. 31) (restriction on disposal of playing fields) does not apply to a disposal which is made—

(a)by a local authority (within the meaning of that section) to a person for the purposes of an Academy, and

(b)for no consideration.

Regulations

11Regulations under this Schedule may in particular include—

(a)provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1;

(b)provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;

(c)provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;

(d)provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land;

(e)provision treating such an authority as having given acknowledgement in writing of the right to production of documents;

(f)provision that consent under paragraph 2 is to be sought in a specified way;

(g)provision that information is to be given under paragraph 7 in a specified way.

Class consents

12For the purposes of paragraphs 2(2) and 5(2), the consent of the Secretary of State—

(a)may be given in relation to a particular case or class of case, and

(b)may be given subject to conditions.

Interpretation

13A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.

Part 2E+WMiscellaneous

Environmental Protection Act 1990 (c. 43)E+W

2In section 98 of the Environmental Protection Act 1990 (definitions), in subsection (2)(e), for the words from “city academy” to “1996” there is substituted “ Academy ”.

Diocesan Boards of Education Measure 1991 (1991 No. 2)E+W

3(1)Section 10 of the Diocesan Boards of Education Measure 1991 is amended as follows.

(2)In subsection (1), in the definition of “church school”, at the end there is inserted “ or an Academy falling within subsection (1A) ”.

(3)After that subsection there is inserted—

(1A)An Academy falls within this subsection if—

(a)at least one member of its governing body is appointed to that body to represent the interests of the Church of England;

(b)the premises provided for the Academy when first established were so provided on trust that, in the event of the discontinuance of the Academy, the property concerned was to be held for, or sold and the proceeds of sale applied for, the benefit of the Church of England; or

(c)the premises provided for the Academy when first established were so provided on trust in connection with the provision of education, or the conduct of an educational institution, in accordance with the tenets of the Church of England.

Further and Higher Education Act 1992 (c. 13)E+W

4In section 54 of the Further and Higher Education Act 1992 (duty to give information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.

F19...E+W

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 7 para. 5 and cross-heading repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Education Act 1996 (c. 56)E+W

6(1)The Education Act 1996 has effect subject to the following amendments.

(2)In section 2 (definition of “secondary education” etc), in subsection (2A)(a), after “[F1local authority]” there is inserted “ or is an Academy ”.

(3)In section 316 (children with special educational needs), in subsection (4)(b)(iii), for “a city academy” there is substituted “ an Academy ”.

(4)In section 483A (special educational needs)—

(a)in subsection (2)(b), for “a city academy” there is substituted “ an Academy ”, and

(b)subsection (7) shall cease to have effect.

(5)In section 537 (power to require information), in subsection (7)(b), for “city academy” there is substituted “ Academy ”.

(6)In section 541 (power to require provision of information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.

(7)In section 550B (detention), in subsection (2)(c), for “city academy” there is substituted “ Academy ”.

(8)In section 580 (index), at the appropriate place in the table there is inserted—

Academysection 482

School Inspections Act 1996 (c. 57)E+W

F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 7 para. 7 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

Education Act 1997 (c. 44)E+W

F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Sch. 7 para. 8 omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(9)(b), 82(3); S.I. 2012/1087, art. 3

School Standards and Framework Act 1998 (c. 31)E+W

F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Learning and Skills Act 2000 (c. 21)E+W

F2310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 70

F24SCHEDULE 8E+WProposals for additional secondary schools: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 72

F25SCHEDULE 9E+WProposals relating to sixth forms: implementation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 75

F26SCHEDULE 10 E+WEstablishment etc of schools: procedural changes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 119

SCHEDULE 11E+WSchool Teachers’ Review Body

MembershipE+W

1There shall be not less than five or more than nine members of the Body (including the chairman).

2E+WA member shall hold and vacate office in accordance with the terms of his appointment (subject to the following provisions of this Schedule).

3E+WA member may resign by notice in writing to the Secretary of State.

4E+WThe Secretary of State may by notice in writing dismiss a member if the member—

(a)is [F27made] bankrupt [F28or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)],

(b)enters into an arrangement with his creditors, or

(c)is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his duties whether by reason of physical or mental illness or otherwise.

5E+WIn Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for the entry relating to the body established under the School Teachers’ Pay and Conditions Act 1991 (c. 49) there shall be substituted the following—

Member, in receipt of remuneration, of the School Teachers’ Review Body.

ChairmanE+W

6The chairman may by notice in writing to the Prime Minister—

(a)resign as chairman, or

(b)resign as chairman and as a member of the Body.

7E+WParagraph 4 shall apply to the chairman and for that purpose—

(a)a reference to the Secretary of State shall be taken as a reference to the Prime Minister, and

(b)the power may be exercised so as to dismiss the chairman only from that office or also from membership of the Body.

8E+WIf the chairman ceases to be a member of the Body he also ceases to be chairman.

Deputy ChairmanE+W

9The Secretary of State may appoint a member of the Body to act as deputy chairman.

10E+WThe deputy chairman may by notice in writing to the Secretary of State—

(a)resign as deputy chairman, or

(b)resign as deputy chairman and as a member of the Body.

11E+WIf the deputy chairman ceases to be a member of the Body he also ceases to be deputy chairman.

MoneyE+W

12(1)This paragraph applies to—

(a)a member of the Body;

(b)the chairman;

(c)the deputy chairman.

(2)The Secretary of State may pay remuneration and allowances to a person to whom this paragraph applies.

(3)The Secretary of State may make payments to or in respect of a person to whom this paragraph applies by way of or in connection with—

(a)a pension;

(b)an allowance or gratuity on retirement or death.

(4)The Secretary of State may pay compensation to a person who ceases to be a member of the Body if the Secretary of State thinks it right by reason of special circumstances.

ProceedingsE+W

13The Body shall determine their own proceedings (including any provision for a quorum).

14E+WThe validity of proceedings of the Body shall not be affected by—

(a)a vacancy in the membership,

(b)a vacancy in the position of chairman, or

(c)a defect in the appointment of a member.

Transitional provisionE+W

15An appointment made by the Prime Minister under section 1(1) of the School Teachers’ Pay and Conditions Act 1991 (c. 49) shall continue to have effect, subject to paragraphs 3, 4 and 6 to 11, after the commencement of this Schedule.

Section 141B

[F29SCHEDULE 11AE+WREGULATIONS ABOUT DECISIONS UNDER SECTION 141B

Textual Amendments

Regulations: generalE+W

1E+WThe Secretary of State must make regulations in accordance with the following provisions of this Schedule.

Procedure for decisions under section 141B(2)E+W

2(1)Regulations under paragraph 1 must make provision about the procedure to be followed by the Secretary of State in reaching a decision under section 141B(2).E+W

(2)The regulations must not require a person to give evidence or produce any document or other material evidence which the person could not be compelled to give or produce in civil proceedings in any court in England and Wales.

(3)The regulations may make provision for any functions of the Secretary of State under section 141B to be excluded or restricted in such circumstances as may be specified in or determined under the regulations.

(4)The circumstances include, in particular, where the Secretary of State considers this to be appropriate taking into account the powers of the [F30Disclosure and Barring Service] under the Safeguarding Vulnerable Groups Act 2006.

Interim prohibition ordersE+W

3(1)Regulations under paragraph 1 may make provision for the Secretary of State to make an interim prohibition order, pending the Secretary of State's final decision under section 141B (2).E+W

(2)Regulations about interim prohibition orders must provide that an interim prohibition order may be made only if the Secretary of State considers that it is necessary in the public interest to do so.

(3)Regulations about interim prohibition orders must provide that the Secretary of State must review an interim prohibition order—

(a)within six months of the order being made, and

(b)within each subsequent six month period,

if the person to whom the order relates makes an application to the Secretary of State for such a review.

Prohibition ordersE+W

4(1)Regulations under paragraph 1 may make provision—E+W

(a)about the service on a person to whom a prohibition order relates of notice of the order and of the right to appeal against the order under paragraph 5;

(b)about the publication of information relating to the case of a person to whom a prohibition order relates;

(c)prescribing circumstances in which a person to whom a prohibition order relates may nevertheless carry out teaching work (within the meaning of section 141A).

(2)Regulations under paragraph 1 may also make provision—

(a)as to the time when a prohibition order takes effect;

(b)allowing a person to whom a prohibition order relates to apply to the Secretary of State for the order to be set aside;

(c)as to the minimum period for which a prohibition order must be in effect before such an application may be made;

(d)as to the procedure relating to such an application.

Appeals against prohibition ordersE+W

5(1)Regulations under paragraph 1 must make provision conferring on a person to whom a prohibition order relates a right to appeal against the order to the High Court.E+W

(2)The regulations must provide that an appeal must be brought within 28 days of the person being served with notice of the prohibition order.

(3)No appeal is to lie from any decision of the Court on such an appeal.

(4)In this paragraph, “prohibition order” does not include an interim prohibition order made by virtue of paragraph 3.

Supplementary provisionsE+W

6(1)Regulations under paragraph 1 may make incidental and supplementary provision, including provision—E+W

(a)where a prohibition order has effect in relation to a person, for the Secretary of State to serve notice of the order on the person's employer;

(b)requiring the employer of such a person to take such steps in consequence of the order (which may include dismissing the person) as may be prescribed;

(c)authorising the delegation of functions conferred by virtue of this Schedule and the determination of matters by any person or persons specified in the regulations.

(2)Regulations under paragraph 1 may also make provision—

(a)for the Secretary of State to make a decision in a particular case about the effect in England of an order prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland;

(b)about the effect in general in England of orders prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland.]

Section 141G

[F31SCHEDULE 11BE+WOFFENCE UNDER SECTION 141G: SUPPLEMENTARY PROVISIONS

Textual Amendments

IntroductionE+W

1(1)This Schedule makes supplementary provision relating to an offence under section 141G (breach of reporting restrictions relating to alleged offences committed by teachers).E+W

(2)The purpose of this Schedule is to comply with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“the E-Commerce Directive”).

Domestic service providers: extension of liabilityE+W

2(1)This paragraph applies where a service provider is established in England and Wales (a “domestic service provider”).E+W

(2)Section 141G applies to a domestic service provider who—

(a)publishes information in breach of section 141F(3) in an EEA state other than the United Kingdom, and

(b)does so in the course of providing information society services,

as it applies to a person who publishes such information in England and Wales.

(3)In such a case—

(a)proceedings for the offence may be taken at any place in England and Wales, and

(b)the offence may for all incidental purposes be treated as having been committed at any such place.

Non-UK service providers: restriction on proceedingsE+W

3(1)This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).E+W

(2)Proceedings for an offence under section 141G must not be brought against a non-UK service provider in respect of anything done in the course of the provision of information society services.

Exceptions for mere conduitsE+W

4(1)A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of an information society service as consists in—E+W

(a)the provision of access to a communication network, or

(b)the transmission in a communication network of information provided by a recipient of the service,

if the following condition is satisfied.

(2)The condition is that the service provider does not—

(a)initiate the transmission,

(b)select the recipient of the transmission, or

(c)select or modify the information contained in the transmission.

(3)For the purposes of sub-paragraph (1)—

(a)the provision of access to a communication network, and

(b)the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4)Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for cachingE+W

5(1)This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.E+W

(2)The service provider is not guilty of an offence under section 141G in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a)the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b)the following conditions are satisfied.

(3)The first condition is that the service provider does not modify the information.

(4)The second condition is that the service provider complies with any conditions attached to having access to the information.

(5)The third condition is that if the service provider obtains actual knowledge that—

(a)the information at the initial source of the transmission has been removed from the network,

(b)access to it has been disabled, or

(c)a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information,

the service provider expeditiously removes the information or disables access to it.

Exception for hostingE+W

6(1)A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if the condition is met.E+W

(2)The condition is that—

(a)the service provider had no actual knowledge when the information was provided that it contained offending material, or

(b)on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

(3)Offending material” means material the publication of which constitutes an offence under section 141G.

(4)This paragraph does not apply if the recipient of the service is acting under the authority or control of the service provider.

InterpretationE+W

7(1)In this Schedule—E+W

  • “information society services”—

    (a)

    has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

    (b)

    is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

  • recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

  • service provider” means a person providing an information society service.

(2)For the purpose of construing references in this Schedule to a service provider who is established in England and Wales or in an EEA state other than the United Kingdom—

(a)a service provider is established in England and Wales, or in an EEA state other than the United Kingdom, if the service provider—

(i)effectively pursues an economic activity using a fixed establishment in England and Wales, or in that EEA state, for an indefinite period, and

(ii)is a national of an EEA state or a company or firm mentioned in [F32Article 54 of the Treaty on the Functioning of the European Union];

(b)the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

(c)where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.]

Textual Amendments

F32Words in Sch. 11B para. 7(2)(a)(ii) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), Sch. Pt. 1 (with art. 2(2))

Section 148

SCHEDULE 12E+WThe General Teaching Councils for England and Wales

Part 1E+WAmendments of Teaching and Higher Education Act 1998

1E+WThe Teaching and Higher Education Act 1998 (c. 30) is amended as follows.

Commencement Information

I73Sch. 12 para. 1 wholly in force at 19.12.2002; Sch. 12 para. 1 not in force at Royal Assent, see s. 216; Sch. 12 para. 1 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 1 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

2E+WIn section 2 (which relates to the advisory functions of the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales), in subsection (2) before the word “and” immediately following paragraph (e) there is inserted—

(ee)the supply of teachers;

(ef)the retention of teachers within the teaching profession;

(eg)the standing of the teaching profession;.

Commencement Information

I74Sch. 12 para. 2 wholly in force at 19.12.2002; Sch. 12 para. 2 not in force at Royal Assent, see s. 216; Sch. 12 para. 2 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 2 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

3(1)Section 3 (which relates to the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.E+W

(2)In subsection (1) for “a register of teachers” there is substituted “ a register for the purposes of this Chapter ”.

(3)In subsection (2), for “registration” there is substituted “ full or provisional registration ”.

(4)In subsection (3) for “registration”, where first occurring and in paragraph (b), there is substituted “ full registration ”.

(5)After subsection (3) there is inserted—

(3A)A person is eligible for provisional registration if he satisfies such conditions as may be prescribed.

(3B)A person is not eligible for provisional registration or full registration unless at the relevant time the Council are or were satisfied as to his suitability to be a teacher.

(3C)In subsection (3B) “the relevant time” means—

(a)in relation to an applicant for provisional registration or an applicant for full registration who is already registered with provisional registration, the time of provisional registration, or

(b)in the case of an applicant for full registration who is not already registered with provisional registration, the time of full registration.

(3D)Regulations may provide that any prescribed description of person is, or is not, to be taken to be suitable to be a teacher.

(6)In subsection (4), for “registration” there is substituted “ full registration ”.

Commencement Information

I75Sch. 12 para. 3(1) (2) (4) (6) in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I76Sch. 12 para. 3(1) in force at 31.5.2006 for W. by S.I. 2006/1336, art. 4, Sch. Pt. 1

I77Sch. 12 para. 3(3) in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I78Sch. 12 para. 3(3) in force at 6.11.2006 so far as not already in force except in relation to W. by S.I. 2006/2895, art. 2

I79Sch. 12 para. 3(5) in force at 31.5.2006 for specified purposes for W. by S.I. 2006/1336, art. 4, Sch. Pt. 1 (with Sch. Pt. 2)

I80Sch. 12 para. 3(5) in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

4(1)Section 4 (which relates to regulations about the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.E+W

(2)In subsection (2), after paragraph (b) there is inserted—

(ba)the service on applicants for registration of notice of the Council’s decision to grant or refuse the application and, in the case of a refusal, of the grounds on which the decision was taken and (where applicable) of the applicant’s right to appeal against the decision under section 4A;.

(3)After subsection (4) there is inserted—

(4A)The Council, in exercising any power to fix fees authorised by virtue of subsection (4), shall have regard to the expenditure of the Council in exercising—

(a)their functions under this Act relating to registration, and

(b)all other functions conferred on them under this Act or any other enactment.

(4)After subsection (5) there is inserted—

(6)In this section “registration” means full registration or provisional registration.

Commencement Information

I81Sch. 12 para. 4 partly in force; Sch. 12 para. 4 not in force at Royal Assent, see s. 216; Sch. 12 para. 4(1)(3) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 4(1)(3) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I82Sch. 12 para. 4(2) in force at 31.5.2006 for W. by S.I. 2006/1336, art. 4, Sch. Pt. 1

I83Sch. 12 para. 4(2) in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I84Sch. 12 para. 4(4) in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I85Sch. 12 para. 4(4) in force at 6.11.2006 so far as not already in force except in relation to W. by S.I. 2006/2895, art. 2

5E+WAfter section 4 there is inserted—

4A Appeals against refusal of registration

(1)Regulations shall make provision for conferring on a person aggrieved by a decision made on relevant grounds to refuse an application made by him for registration under section 3 a right to appeal against the decision to the High Court within 28 days from the date on which notice of the decision is served on him.

(2)The reference in subsection (1) to a decision made on relevant grounds is to a decision made on the ground that at the relevant time the Council were not satisfied of the applicant’s suitability to be a teacher.

(3)On such an appeal the Court may make any order which appears appropriate.

(4)No appeal shall lie from any decision of the Court on such an appeal.

Commencement Information

I86Sch. 12 para. 5 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

6E+WAfter section 6 there is inserted—

6A Power to promote teaching profession

(1)The Council may undertake activities designed to promote the standing of the teaching profession.

(2)Without prejudice to the generality of subsection (1), such activities may include—

(a)giving advice,

(b)organising conferences and lectures, and

(c)arranging for the publication of material in any form.

Commencement Information

I87Sch. 12 para. 6 wholly in force at 19.12.2002; Sch. 12 para. 6 not in force at Royal Assent, see s. 216; Sch. 12 para. 6 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 6 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

F337E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 12 para. 7 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(5); S.I. 2012/924, art. 2

8E+WIn section 12 (deduction of fees from salaries etc) in subsection (4), after “section—” there is inserted—

registration” means full registration or provisional registration;.

Commencement Information

I88Sch. 12 para. 8 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I89Sch. 12 para. 8 in force at 6.11.2006 so far as not already in force except in relation to W. by S.I. 2006/2895, art. 2

9E+WIn section 42 (orders and regulations), in subsection (2) (a) (orders subject to negative resolution procedure), after “section 7 or 8” there is inserted “ or paragraph 18 of Schedule 1 ”.

Commencement Information

I90Sch. 12 para. 9 partly in force; Sch. 12 para. 9 not in force at Royal Assent, see s. 216; Sch. 12 para. 9 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

10E+WIn section 43(1) (general interpretation), in the definition of “registered teacher” after “section 3” there is inserted “ with full or provisional registration ”.

Commencement Information

I91Sch. 12 para. 10 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I92Sch. 12 para. 10 in force at 6.11.2006 so far as not already in force except in relation to W. by S.I. 2006/2895, art. 2

11E+WIn Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted—

Power to amend Schedule

18(1)The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of removing or relaxing any control exercisable by him by virtue of any of the provisions of this Schedule specified in sub-paragraph (2).

(2)Those provisions are—

(a)paragraph 2(3),

(b)paragraph 4,

(c)paragraph 5,

(d)paragraph 6,

(e)paragraph 11

(f)paragraph 14(2).

Commencement Information

I93Sch. 12 para. 11 partly in force; Sch. 12 para. 11 not in force at Royal Assent, see s. 216; Sch. 12 para. 11 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

12(1)Schedule 2 (disciplinary powers of Council) is amended as follows.E+W

(2)For paragraph 4 (suspension orders) there is substituted—

4(1)Where a suspension order is made in relation to a person—

(a)he shall cease to be eligible for registration under section 3, and

(b)if he is a registered person at the time when the order is made, his name shall be removed from the register accordingly,

but, subject to sub-paragraph (2), he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order.

(2)A suspension order may specify conditions to be complied with by the person to whom the order relates and where it does so—

(a)that person shall become eligible again for registration under section 3 at the end of the period specified under sub-paragraph (1) only if he has then complied with the conditions; and

(b)if he has not then complied with the conditions, he shall not become so eligible again until he has complied with the conditions.

(3)Sub-paragraphs (a) and (b) of paragraph 3(2) apply in relation to a suspension order as they apply in relation to a conditional registration order.

(4)A person in relation to whom conditions have been specified in a suspension order may, in accordance with regulations, apply to the Council for them to vary or revoke any of the conditions.

(3)In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted—

(1A)References in this Schedule to registration under section 3 are references to registration under that section with full or provisional registration.

Commencement Information

I94Sch. 12 para. 12 partly in force; Sch. 12 para. 12 not in force at Royal Assent, see s. 216; Sch. 12 para. 12(1)(2) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 12(1)(2) in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I95Sch. 12 para. 12(1)(2) in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I96Sch. 12 para. 12(3) in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I97Sch. 12 para. 12(3) in force at 6.11.2006 so far as not already in force except in relation to W. by S.I. 2006/2895, art. 2

F34Part 2E+WAmendments of other enactments

F3413E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I98Sch. 12 para. 13 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

F3414E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I99Sch. 12 para. 14 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

F3415E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I100Sch. 12 para. 15 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

Section 152

SCHEDULE 13E+WRegulation of child minding and day care

Consent to checks on suitabilityE+W

1In section 79B of the Children Act 1989 (c. 41) (persons qualified for registration for child minding or day care), after subsection (5) there is inserted—

(5A)Where, for the purposes of determining a person’s qualification for registration under this Part—

(a)the registration authority requests any person (“A”) to consent to the disclosure to the authority by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and

(b)A does not give his consent (or withdraws it after having given it),

the registration authority may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.

Commencement Information

I101Sch. 13 para. 1 wholly in force at 19.12.2002; Sch. 13 para. 1 not in force at Royal Assent, see s. 216; Sch. 13 para. 1 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Suspension of registrationE+W

2In section 79H of that Act (suspension of registration), after subsection (2) there is inserted—

(3)A person registered under this Part for child minding by the Chief Inspector shall not act as a child minder in England at a time when that registration is suspended in accordance with regulations under this section.

(4)A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.

(5)A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.

(6)If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I102Sch. 13 para. 2 wholly in force at 19.12.2002; Sch. 13 para. 2 not in force at Royal Assent, see s. 216; Sch. 13 para. 2 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Rights of appeal in relation to registrationE+W

3(1)Section 79M of that Act (appeals) is amended as follows.

(2)In subsection (1), after paragraph (b) there is inserted or

(c)a determination made by the registration authority under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,.

(3)In subsection (2)(a), after “order” there is inserted “ or determination ”.

Commencement Information

I103Sch. 13 para. 3 wholly in force at 19.12.2002; Sch. 13 para. 3 not in force at Royal Assent, see s. 216; Sch. 13 para. 3 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Inspections by Chief InspectorE+W

4(1)Section 79Q of that Act (inspection of childminding and day care) is amended as follows.

(2)In subsection (2), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any child minding provided in England by a registered person ”.

(3)In subsection (3), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any day care provided by a registered person on any premises in England ”.

Commencement Information

I104 Sch. 13 para. 4 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4

I105Sch. 13 para. 4 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Rights of entry etc.E+W

5(1)Section 79U of that Act (rights of entry etc.) is amended as follows.

(2)In subsection (1), for “An authorised inspector” there is substituted “ Any person authorised for the purposes of this subsection by the registration authority ”.

(3)In subsection (2), for “an authorised inspector” there is substituted “ a person who is authorised for the purposes of this subsection by the registration authority ”.

(4)After that subsection there is inserted—

(2A)Authorisation under subsection (1) or (2)—

(a)may be given for a particular occasion or period;

(b)may be given subject to conditions.

(5)In subsection (3), for the words from “An inspector” to “may-” there is substituted “ A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))— ”.

(6)Subsection (5) shall cease to have effect.

(7)In subsection (9), the definition of “authorised inspector” shall cease to have effect.

Commencement Information

I106Sch. 13 para. 5 wholly in force at 19.12.2002; Sch. 13 para. 5 not in force at Royal Assent, see s. 216; Sch. 13 para. 5 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4; Sch. 13 para. 5 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Disqualification for registrationE+W

6In paragraph 4 of Schedule 9A to that Act (disqualification for registration for child minding and day care), after sub-paragraph (3) there is inserted—

(3A)Regulations under this paragraph may provide for a person not to be disqualified for registration by reason of any fact which would otherwise cause him to be disqualified if—

(a)he has disclosed the fact to the registration authority, and

(b)the registration authority has consented in writing to his registration and has not withdrawn that consent.

Commencement Information

I107Sch. 13 para. 6 wholly in force at 19.12.2002; Sch. 13 para. 6 not in force at Royal Assent, see s. 216; Sch. 13 para. 6 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Disclosure of criminal recordE+W

F357. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F368E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 155

SCHEDULE 14E+WInspection of nursery education

Conduct of inspections by InspectorateE+W

F371. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37Sch. 14 para. 1 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

Registration of inspectorsE+W

2(1)Paragraph 8 of that Schedule (registration of inspectors) is amended as follows.

(2)In sub-paragraph (3), for “(5)(c)” there is substituted “ (5B) ”.

(3)For sub-paragraphs (4) and (5) there is substituted—

(4)Subject to that, the Chief Inspector shall register such persons as he considers appropriate.

(5)The factors which the Chief Inspector may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of England and Wales.

(5A)The Chief Inspector may require payment of a fee before registering a person under sub-paragraph (4).

(5B)Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector considers it appropriate to impose.

(4)In sub-paragraphs (6) and (7), for “(5)(c)” there is substituted “ (5B) ”.

(5)Sub-paragraph (9) shall cease to have effect.

Commencement Information

I108Sch. 14 para. 2 not in force at Royal Assent, see s. 216; Sch. 14 para. 2 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I109Sch. 14 para. 2 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

3E+WIn paragraph 9 of that Schedule (removal from register), in sub-paragraphs (2)(c) and (4), for “paragraph 8(5)(c)” there is substituted “ paragraph 8(5B) ”.

Commencement Information

I110Sch. 14 para. 3 not in force at Royal Assent, see s. 216; Sch. 14 para. 3 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I111Sch. 14 para. 3 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

4E+WIn section 79P(3) of the Children Act 1989 (c. 41) (early years child care inspectorate), for “to (9)” there is substituted “ to (8) ”.

Commencement Information

I112Sch. 14 para. 4 not in force at Royal Assent, see s. 216; Sch. 14 para. 4 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I113Sch. 14 para. 4 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

AppealsE+W

F385. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Sch. 14 paras. 5-7 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F386E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Sch. 14 paras. 5-7 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F387E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Sch. 14 paras. 5-7 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

Section 187

SCHEDULE 15E+WEducation action zones

IntroductoryE+W

1Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.

Commencement Information

I114Sch. 15 para. 1 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I115Sch. 15 para. 1 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Establishment of education action zonesE+W

2(1)In section 10, in subsection (1) for “maintained schools” there is substituted “ eligible schools ”.

(2)After that subsection there is inserted—

(1A)For the purposes of subsection (1) “eligible school” means—

(a)a maintained school;

(b)a nursery school;

(c)a pupil referral unit; or

(d)an independent school.

(3)Subsection (3) of that section is omitted.

(4)In subsection (4) of that section, for “, (2) or (3)” there is substituted “ or (2) ”.

(5)In subsection (6) of that section, for paragraphs (a) and (b) there is substituted—

(a)references to a governing body—

(i)in relation to an independent school (other than an Academy, city technology college or city college for the technology of the arts), are to the proprietor of the school, and

(ii)in relation to a new school, include the temporary governing body of the school;

(b)participating school”, in relation to an education action zone, means one of the schools that—

(i)for the time being is included in the order under subsection (1), or

(ii)has been added to the zone by virtue of section 11B,

other than a school that has been removed from the zone in accordance with section 11C;

(c)pupil referral unit” has the same meaning as in section 19 of the Education Act 1996 (c. 56);

(d)new school” has the meaning given in section 72(3).

(6)Subsection (7) of that section is omitted.

Commencement Information

I116 Sch. 15 para. 2 in force (except for the words "(b) a nursery school") at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I117Sch. 15 para. 2 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

I118Sch. 15 para. 2(2) in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

Constitution of Education Action ForumE+W

3In section 11, the following provisions are omitted—

(a)in subsection (2) the words from “and” to the end, and

(b)subsection (3).

Commencement Information

I119Sch. 15 para. 3 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I120Sch. 15 para. 3 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

4E+WAfter that section there is inserted—

11A Constitution of Education Action Forum

(1)The members of an Education Action Forum must include—

(a)one person appointed by the governing body of each of the participating schools, unless the governing body of any such school choose not to make such an appointment, and

(b)one or two persons appointed by the Secretary of State, unless he chooses not to make such appointments.

(2)Subject to that, an Education Action Forum—

(a)shall initially be constituted in accordance with the order under section 10(1), and

(b)may subsequently alter its membership (as set out in that order or as previously altered under this paragraph).

(3)In subsection (2) the references to altering the Forum’s membership include—

(a)altering the number of members, and

(b)altering who may appoint members.

(4)An alteration may be made under subsection (2)(b) only if it is made—

(a)in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b)with the consent of the Secretary of State.

Commencement Information

I121Sch. 15 para. 4 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I122Sch. 15 para. 4 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Expansion or reduction of zoneE+W

5After section 11A (inserted by paragraph 4) there is inserted—

11B Expansion of zone

(1)An Education Action Forum established for an education action zone may add—

(a)any eligible school (within the meaning of section 10(1A)), or

(b)any new school which has a temporary governing body,

to the zone.

(2)But a school may be added under this section only if it is added—

(a)in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b)with the consent of the governing body of the school and of the Secretary of State.

(3)For the purposes of this section references to a school being added to an education action zone are to it becoming one of the schools which constitute collectively the zone.

11C Removal from zone

(1)An Education Action Forum established for an education action zone may remove a participating school from the zone.

(2)But a school may be removed under this section only if it is removed—

(a)in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b)with the consent of the Secretary of State.

(3)For the purposes of this section references to a school being removed from an education action zone are to it ceasing to be one of the schools which constitute collectively the zone.

Commencement Information

I123Sch. 15 para. 5 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I124Sch. 15 para. 5 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Information relating to changes to zone or ForumE+W

6After section 11C (inserted by paragraph 5) there is inserted—

11D Information relating to a Forum and its zone

(1)An Education Action Forum established for an education action zone must provide the Secretary of State with details of—

(a)any alteration made to its constitution under section 11A(2)(b),

(b)any addition of a school to the zone under section 11B, and

(c)any removal of a school from the zone under section 11C.

(2)The Forum must also, on a request being made by any person, provide him with—

(a)the name of each member of the Forum and of the person or body that appointed him,

(b)the name of any other person or body entitled to appoint a member, and

(c)the name of each participating school in relation to the zone.

(3)But the duty under subsection (2) is subject, in such circumstances as the Forum may determine, to the payment by the person concerned of a reasonable fee determined by the Forum.

Commencement Information

I125Sch. 15 para. 6 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I126Sch. 15 para. 6 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Functions of Education Action ForumE+W

7After section 12(1) there is inserted—

(1A)With the consent of the Secretary of State, a Forum may also carry on any other activities which it considers will promote the provision of, or access to, education whether in a participating school or otherwise.

Commencement Information

I127Sch. 15 para. 7 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I128Sch. 15 para. 7 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Transitional provisionE+W

8(1)Any provision of an order under section 10 of the School Standards and Framework Act 1998 (c. 31) having effect immediately before the commencement of this Schedule which requires the Forum to include one or two persons appointed by the Secretary of State shall be read as if it were a provision having the same effect as section 11A(1)(b) of that Act.

(2)Any order under subsection (3) of section 10 of that Act which has effect immediately before the commencement of this Schedule shall continue to have effect on or after that time notwithstanding the repeal by this Act of that subsection.

(3)Until such time as section 67 of this Act comes into force, the reference in section 10(6)(a)(i) of the School Standards and Framework Act 1998 (c. 31) to an Academy shall be read as a reference to a city academy.

(4)Where before the commencement of this Schedule—

(a)an education action zone has been established by an order under section 10(1) of that Act, and

(b)the membership of the Forum set out in that order has been altered by virtue of section 14 of the Interpretation Act 1978 (c. 30),

the powers to alter the Forum’s membership conferred by section 11A of the School Standards and Framework Act 1998 are powers to alter the membership as so amended.

Commencement Information

I129Sch. 15 para. 8 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I130Sch. 15 para. 8 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

SCHEDULE 16E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 189

SCHEDULE 17E+WAmendments of Part 5 of Education Act 1997

F39...E+W

F39F401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39F402. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39F403. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39F404. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39Sch. 17 paras. 1-4 and cross-heading repealed (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a)

The Qualifications, Curriculum and Assessment Authority for WalesE+W

5(1)Section 29 of the Education Act 1997 (functions of the Qualifications, Curriculum and Assessment Authority for Wales in relation to curriculum and assessment) is amended as follows.

(2)In subsection (1) for the words from “with respect to” to the end there is substituted with respect to—

(a)pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

(b)pupils at maintained nursery schools in Wales, and

(c)children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.

(3)In subsection (2)—

(a)in paragraph (a), for “such schools” there is substituted “ maintained schools or maintained nursery schools ”, and

(b)paragraph (f) and the word “and” immediately preceding it are omitted.

(4)After subsection (2) there is inserted—

(2A)In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.

(5)Subsections (3) and (4) are omitted.

F41(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6In any order made before the commencement of this paragraph under section 30(1) of the Education Act 1997 (c. 44) (power to confer functions on Qualifications, Curriculum and Assessment Authority for Wales) any reference to functions falling within paragraph (f) of section 24(2) of that Act is to be taken to be a reference to those functions as extended by virtue of paragraph 2 of this Schedule.

F427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 17 para. 7 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 4; W.S.I. 2015/1687, arts. 2, 3-12

Commencement Information

I131Sch. 17 para. 5 partly in force; Sch. 17 para. 5 not in force at Royal Assent, see s. 216; Sch. 17 para. 5(1)-(4)(6) in force at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

F44...E+W

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 195

SCHEDULE 18E+WSpecial Educational Needs Tribunal for Wales

Special Educational NeedsE+W

1The Education Act 1996 (c. 56) is amended as follows.

Commencement Information

I132Sch. 18 para. 1 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

2E+WIn section 313 (code of practice), for subsection (5) there is substituted—

(5)In this Part (except sections 333 to 336), “the Tribunal”, in relation to an appeal, means—

(a)where the [F1local authority] concerned is in England, the Special Educational Needs and Disability Tribunal,

(b)where the [F1local authority] concerned is in Wales, the Special Educational Needs Tribunal for Wales.

Textual Amendments

Commencement Information

I133Sch. 18 para. 2 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

3E+WIn section 326A (unopposed appeals), for subsection (6) there is substituted—

(6)In this section, “prescribed” means prescribed by regulations made—

(a)in relation to an appeal to the Special Educational Needs and Disability Tribunal, by the Secretary of State,

(b)in relation to an appeal to the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales.

Commencement Information

I134Sch. 18 para. 3 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

F454E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F465E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6E+WIn section 336A, for subsection (2) there is substituted—

(2)In subsection (1), “prescribed” means prescribed by regulations made—

(a)as to orders of the Special Educational Needs and Disability Tribunal, by the Secretary of State,

(b)as to orders of the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales with the agreement of the Secretary of State.

Commencement Information

I135Sch. 18 para. 6 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

Disability DiscriminationE+W

F477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F478E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F479E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4710E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4711E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4712E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

13E+WSection 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel appointed for the Special Educational Needs Tribunal for Wales under section 333(2) of the Education Act 1996 (c. 56).

Commencement Information

I136Sch. 18 para. 13 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

Consequential amendmentsE+W

14In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) there is inserted in the appropriate place—

President of the Special Educational Needs Tribunal for Wales, or member of a panel of persons appointed to act as chairman or other member of that Tribunal.

Commencement Information

I137Sch. 18 para. 14 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

15E+WIn Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (bodies subject to the supervision of the Council), in paragraph 40B—

(a)the existing entry becomes sub-paragraph (a), and

(b)after that sub-paragraph there is inserted—

(b)the Special Educational Needs Tribunal for Wales.

Commencement Information

I138Sch. 18 para. 15 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

16E+WIn section 42 of the Special Educational Needs and Disability Act 2001 (c. 10), subsection (2) (National Assembly for Wales and functions under section 336 of the Education Act 1996 (c. 56)) is omitted.

Commencement Information

I139Sch. 18 para. 16 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

Saving and transitional provisionE+W

17The amendments made by any provision of this Schedule do not affect—

(a)appeals instituted under Part 4 of the Education Act 1996, or

(b)claims made under section 28I of the Special Educational Needs and Disability Act 2001,

before the coming into force of that provision.

Commencement Information

I140Sch. 18 para. 17 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

18E+WRegulations made, or having effect as if made, under any of sections 326A and 333 to 336A of the Education Act 1996 in relation to the Special Educational Needs and Disability Tribunal have effect in relation to the Special Educational Needs Tribunal for Wales until superseded by regulations made in relation to that Tribunal, but as if references to the Secretary of State were references to the National Assembly for Wales.

Commencement Information

I141Sch. 18 para. 18 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

Section 199

SCHEDULE 19E+WTransport for persons over compulsory school age

1E+WThe Education Act 1996 is amended as follows.

Commencement Information

I142Sch. 19 partly in force; Sch. 19 not in force at Royal assent see s. 216; Sch. 19 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2

I143Sch. 19 para. 1 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I144Sch. 19 para. 1 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

F482E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3E+WAfter section 509 there is inserted—

509AA Provision of transport etc. for persons of sixth form age

(1)A [F1local authority] shall prepare for each academic year a transport policy statement complying with the requirements of this section.

(2)The statement shall specify the arrangements for the provision of transport or otherwise that the authority consider it necessary to make for facilitating the attendance of persons of sixth form age receiving education or training—

(a)at schools,

(b)at any institution maintained or assisted by the authority which provides further education or higher education (or both),

(c)at any institution within the further education sector, or

(d)at any establishment (not falling within paragraph (b) or (c)) which is supported by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(3)The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2).

(4)The statement shall specify the arrangements proposed to be made by the governing bodies of—

(a)schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and

(b)institutions within the further education sector in the authority’s area,

for the provision of transport for facilitating the attendance of persons of sixth form age receiving education or training at the schools and institutions and for the provision of financial assistance in respect of the travelling expenses of such persons.

(5)Those governing bodies shall co-operate in giving the [F1local authority] any information and other assistance that is reasonably required by the authority for the performance of their functions under this section and section 509AB.

(6)The statement shall specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985 (c. 67)) which are to be provided under any scheme established under section 93 of that Act to persons of sixth form age receiving education at any establishment such as is mentioned in subsection (2) above in the authority’s area.

(7)The authority shall—

(a)publish the statement, in a manner which they consider appropriate, on or before 31st May in the year in which the academic year in question begins, and

(b)make, and secure that effect is given to, any arrangements specified under subsections (2) and (3).

(8)Nothing in this section prevents a [F1local authority] from making, at any time in an academic year, arrangements—

(a)which are not specified in the transport policy statement published by the authority for that year, but

(b)which they have come to consider necessary for the purposes mentioned in subsections (2) and (3).

(9)The Secretary of State may, if he considers it expedient to do so, direct a [F1local authority] to make for any academic year—

(a)arrangements for the provision of transport or otherwise for facilitating the attendance of persons of sixth form age receiving education or training at establishments such as are mentioned in subsection (2), or

(b)arrangements for providing financial assistance in respect of the reasonable travelling expenses of such persons,

which have not been specified in the transport policy statement published by the authority for that academic year.

(10)The Secretary of State may by order amend subsection (7)(a) by substituting a different date for 31st May.

Textual Amendments

Commencement Information

I145Sch. 19 partly in force; Sch. 19 not in force at Royal Assent, see s. 216; Sch. 19 in force for E. at 20.1.2003 by S.I. 2002/2953, art. 2

I146Sch. 19 para. 3 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I147Sch. 19 para. 3 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

4E+WAfter section 509AA there is inserted—

509AB Further provision about transport policy statements

(1)A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties.

(2)A statement prepared under that section shall—

(a)specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the [F1local authority] which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and

(b)specify arrangements for persons with learning difficulties receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties attending such schools.

(3)In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the [F1local authority] shall have regard (amongst other things) to—

(a)the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,

(b)the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,

(c)the distance from the homes of persons of sixth form age in their area of establishments such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and

(d)the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.

(4)In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a [F1local authority] shall have regard (amongst other things)—

(a)to the nature of the route, or alternative routes, which he could reasonably be expected to take; and

(b)to any wish of his parent for him to be provided with education or training at a school, institution or other establishment in which the religious education provided is that of the religion or denomination to which his parent adheres.

(5)In preparing a statement under section 509AA a [F1local authority] shall have regard to any guidance issued by the Secretary of State under this section.

(6)In preparing a statement under that section a [F1local authority] shall consult—

(a)any other [F1local authority] that they consider it appropriate to consult,

(b)the governing bodies mentioned in subsection (4) of that section,

(c)the Learning and Skills Council for England (in the case of a [F1local authority] in England) or the National Council for Education and Training for Wales (in the case of a [F1local authority] in Wales), and

(d)any other person specified by the Secretary of State for the purposes of this section.

(7)In preparing a statement under that section a [F1local authority] shall also consult—

(a)where they are the [F1local authority] for a district in a metropolitan county, the Passenger Transport Authority for that county, and

(b)where they are the [F1local authority] for a London borough or the City of London, Transport for London.

Textual Amendments

Commencement Information

I148Sch. 19 partly in force; Sch. 19 not in force at Royal Assent, see s. 216; Sch. 19 in force for E. at 30.1.2003 by S.I. 2002/2952, art. 2

I149Sch. 19 para. 4 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I150Sch. 19 para. 4 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

5E+WAfter section 509AB there is inserted—

509AC Interpretation of sections 509AA and 509AB

(1)For the purposes of sections 509AA and 509AB a person receiving education or training at an establishment is of sixth form age if he is over compulsory school age but—

(a)is under the age of 19, or

(b)has begun a particular course of education or training at the establishment before attaining the age of 19 and continues to attend that course.

(2)References in section 509AA to an establishment supported by the Learning and Skills Council for England are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 5(2) of the Learning and Skills Act 2000.

(3)References in section 509AA to an establishment supported by the National Council for Education and Training for Wales are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 34(2) of the Learning and Skills Act 2000.

(4)References in section 509AB to persons with learning difficulties are to be construed in accordance with section 13(5) and (6) of the Learning and Skills Act 2000.

(5)In sections 509AA and 509AB and this section—

  • academic year” means any period commencing with 1st August and ending with the next 31st July;

  • disabled person” has the same meaning as in the Disability Discrimination Act 1995;

  • establishment” means an establishment of any kind, including a school or institution;

  • governing body”, in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992.

(6)The Secretary of State may by order amend the definition of “academic year” in subsection (5).

Commencement Information

I151Sch. 19 partly in force; Sch. 19 not in force at Royal Assent, see s. 216; Sch. 19 in force for E. at 30.1.2003 by S.I. 2002/2952, art. 2

I152Sch. 19 para. 5 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I153Sch. 19 para. 5 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

6E+WIn section 509A (travel arrangements for children receiving nursery education otherwise than at school), after subsection (4) there is inserted—

(4A)Regulations may require a [F1local authority] to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the making of provision under this section.

Textual Amendments

Commencement Information

I154Sch. 19 partly in force; Sch. 19 not in force at Royal Assent, see s. 216; Sch. 19 in force for E. at 30.1.2003 by S.I. 2002/2952, art. 2

I155Sch. 19 para. 6 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I156Sch. 19 para. 6 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

Section 206

SCHEDULE 20E+WNuisance or disturbance on educational premises

1(1)Section 547 of the Education Act 1996 (c. 56) (nuisance or disturbance on premises of a school maintained by a [F1local authority]) is amended in accordance with sub-paragraphs (2) to (6).E+W

(2)In subsection (2), after paragraph (a) there is inserted—

(aa)any special school not so maintained, and

(ab)any independent school.

(3)After that subsection there is inserted—

(2A)This section also applies to any premises which are—

(a)provided by a [F1local authority] under section 508, and

(b)used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities.

(4)In subsection (3)(b) for “a [F1local authority] have” there is substituted “ the appropriate authority has ”.

(5)For subsection (4) there is substituted—

(4)In subsection (3) “the appropriate authority” means—

(a)in relation to premises of a foundation, voluntary aided or foundation special school, a [F1local authority] or the governing body,

(b)in relation to—

(i)premises of any other school maintained by a [F1local authority], and

(ii)premises provided by a [F1local authority] as mentioned in subsection (2A),

a [F1local authority], and

(c)in relation to premises of a special school which is not so maintained or of an independent school, the proprietor of the school.

(6)For subsections (6) and (7) there is substituted—

(6)No proceedings for an offence under this section shall be brought by any person other than—

(a)a police constable, or

(b)an authorised person.

(7)In subsection (6) “authorised person” means—

(a)in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a [F1local authority] or a person whom the governing body have authorised to bring such proceedings,

(b)in relation to an offence committed—

(i)on premises of any other school maintained by a [F1local authority], or

(ii)on premises provided by a [F1local authority] as mentioned in subsection (2A),

a [F1local authority], and

(c)in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, a person whom the proprietor of the school has authorised to bring such proceedings.

Textual Amendments

Commencement Information

I157Sch. 20 partly in force; Sch. 20 not in force at Royal Assent, see s. 216; Sch. 20 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I158Sch. 20 para. 1 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

2E+WAfter section 85 of the Further and Higher Education Act 1992 (c. 13) there is inserted—

85A Nuisance or disturbance on educational premises

(1)Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2)This section applies to premises, including playing fields and other premises for outdoor recreation, of—

(a)any institution (other than a school) which is maintained by a [F1local authority] and provides further education or higher education (or both), and

(b)any institution within the further education sector.

(3)If—

(a)a police constable, or

(b)a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,

has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.

(4)In subsection (3) “the appropriate authority” means—

(a)in relation to premises of an institution such as is mentioned in subsection (2)(a), a [F1local authority], and

(b)in relation to premises of an institution within the further education sector, the governing body.

(5)No proceedings under this section shall be brought by any person other than—

(a)a police constable, or

(b)an authorised person.

(6)In subsection (5) “authorised person” means—

(a)in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a [F1local authority], and

(b)in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings.

Textual Amendments

Commencement Information

I159Sch. 20 partly in force; Sch. 20 not in force at Royal Assent, see s. 216; Sch. 20 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I160Sch. 20 para. 2 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

Section 215(1)

SCHEDULE 21E+WMinor and consequential amendments

Local Government Act 1972 (c. 70)E+W

1In 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—

(a)regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);

(b)paragraph 3 of Schedule 4 to that Act (allowances for school organisation committees); and

(c)regulations made by virtue of section 52(6) of the Education Act 2002 (allowances for exclusion appeal panels).

Commencement Information

I161Sch. 21 para. 1 partly in force; Sch. 21 para. 1 not in force at Royal Assent, see s. 216; Sch. 21 para. 1 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch.)

I162Sch. 21 para. 1 in force at 9.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I163Sch. 21 para. 1 in force at 31.5.2005 for W. in so far as not already in force by S.I. 2005/1395, art. 4, Sch.

Local Government Act 1974 (c. 7)E+W

2In section 25(5) of the Local Government Act 1974 (certain bodies to which Part 3 of that Act applies)—

(a)for paragraph (c) there is substituted—

(c)an admission appeal panel constituted in accordance with regulations under section 94(5) or 95(3) of that Act,,

and

(b)at the end of paragraph (d) there is inserted and

(e)an exclusion appeal panel constituted in accordance with regulations under section 52 of the Education Act 2002.

Commencement Information

I164Sch. 21 para. 21 partly in force; Sch. 21 para. 21 not in force at Royal Assent, see s. 216; Sch. 21 para. 2 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in art. 3, Sch.)

I165Sch. 21 para. 2(a) in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(4))

I166Sch. 21 para. 2(b) in force at 9.1.2004 for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

F49...E+W

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49Sch. 21 para. 3 and cross-heading repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Public Passenger Vehicles Act 1981 (c. 14)E+W

4In 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 a [F1local authority] free of charge—

(a)in pursuance of arrangements under section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996, or

(b)otherwise, in the exercise of any function of the authority,

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

Textual Amendments

Commencement Information

I167Sch. 21 para. 4 partly in force; Sch. 21 para. 4 not in force at Royal Assent, see s. 216; Sch. 21 para. 4 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in art. 3, Sch.)

I168Sch. 21 para. 4 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

Education (Fees and Awards) Act 1983 (c. 40)E+W

5In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.

Commencement Information

I169Sch. 21 para. 5 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I170Sch. 21 para. 5 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Building Act 1984 (c. 55)E+W

6In 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,.

Commencement Information

I171Sch. 21 para. 6 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I172Sch. 21 para. 6 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Education Act 1986 (c. 40)E+W

7In section 1(1) of the Education Act 1986 (payment of grant) for “either of them” there is substituted “ that body ”.

Commencement Information

I173Sch. 21 para. 7 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I174Sch. 21 para. 7 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Education Reform Act 1988 (c. 40)E+W

8In 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 ”.

Commencement Information

I175Sch. 21 para. 8 wholly in force at 19.12.2002; Sch. 21 para. 8 not in force at Royal Assent, see s. 216; Sch. 21 para. 8 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 8 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Children Act 1989 (c. 14)E+W

9In 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;.

Commencement Information

I176Sch. 21 para. 9 partly in force; Sch. 21 para. 9 not in force at Royal Assent, see. s. 216; Sch. 21 para. 9 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I177Sch. 21 para. 9 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I178Sch. 21 para. 9 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

Environmental Protection Act 1990 (c. 43)E+W

10In section 98(2) of the Environmental Protection Act 1990 (definition of “educational institution”), paragraph (c)(ii) is omitted.

Commencement Information

I179Sch. 21 para. 10 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I180Sch. 21 para. 10 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Further and Higher Education Act 1992 (c. 13)E+W

11In 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 ”.

Commencement Information

I181Sch. 21 para. 11 wholly in force at 19.12.2002; Sch. 21 para. 11 not in force at Royal Assent, see s. 216; Sch. 21 para. 11 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 11 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

12E+WIn 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 ”.

Commencement Information

I182Sch. 21 para. 12 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I183Sch. 21 para. 12 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

13E+WSection 23(4)(b) of the Further and Higher Education Act 1992 (institutions maintained by [F5local authorities]: Secretary of State must approve exclusion of any property etc. from initial transfer to FE corporation) shall cease to have effect.

Textual Amendments

Commencement Information

I184Sch. 21 para. 13 wholly in force at 19.12.2002; Sch. 21 para. 13 not in force at Royal Assent, see s. 216; Sch. 21 para. 13 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 16 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

14E+WIn section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted.

15E+WIn section 37 of the Further and Higher Education Act 1992 (net expenditure of institution about to join further education sector), the following provisions are omitted—

(a)subsection (1)(b) and the word “or” immediately preceding it,

(b)subsection (8)(a), and

(c)subsection (9).

Commencement Information

I185Sch. 21 para. 15 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I186Sch. 21 para. 15 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

16E+WSections 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.

Commencement Information

I187Sch. 21 para. 16 wholly in force at 19.12.2002; Sch. 21 para. 16 not in force at Royal Assent, see s. 216; Sch. 21 para. 16 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

F5017E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18E+WSection 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.

19(1)Section 52A of the Further and Higher Education Act 1992 (duty to safeguard pupils receiving secondary education) is amended as follows.E+W

(2)In subsection (1)—

(a)for “persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ persons of compulsory school age ”, and

(b)in paragraph (a), for “in pursuance of arrangements falling within section 18(1)(aa) of this Act” there is substituted “ by virtue of section 18(1)(aa) or (ab) of this Act ”.

(3)In subsection (2) for “such pupils” there is substituted “ persons of compulsory school age ”.

Commencement Information

I188Sch. 21 para. 19 wholly in force at 19.12.2002; Sch. 21 para. 19 not in force at Royal Assent, see s. 216; Sch. 21 para. 19 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 19 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

20E+WIn 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 ”.

Commencement Information

I189Sch. 21 para. 20 wholly in force at 19.12.2002; Sch. 21 para. 20 not in force at Royal Assent, see s. 216; Sch. 21 para. 20 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 20 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

21E+WSection 60 of the Further and Higher Education Act 1992 (saving as to persons detained by order of a court) shall cease to have effect.

Commencement Information

I190Sch. 21 para. 21 wholly in force at 19.12.2002; Sch. 21 para. 21 not in force at Royal Assent, see s. 216; Sch. 21 para. 21 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 31 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Tribunals and Inquiries Act 1992 (c. 53)E+W

22In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 ([F51tribunals to which that Act applies]) 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;

(c)admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998;.

Textual Amendments

Commencement Information

I191Sch. 21 para. 22 partly in force; Sch. 21 para. 22 not in force at Royal Assent, see s. 216; Sch. 21 para. 22 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in art. 3, Sch.)

I192Sch. 21 para. 22 in force at 9.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I193Sch. 21 para. 22 in force at 31.5.2005 for W. in so far as not already in force by S.I. 2005/1395, art. 4, Sch.

Education Act 1994 (c. 30)E+W

23In section 4 of the Education Act 1994 (qualifying activities and eligible institutions), subsection (4) shall cease to have effect.

Commencement Information

I194Sch. 21 para. 23 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I195Sch. 21 para. 23 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

24E+WIn section 14 of the Education Act 1994 (qualification of teachers, etc.), subsections (1), (3) and (4) are omitted.

Commencement Information

I196Sch. 21 para. 24 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

F5225E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Sch. 21 para. 25 repealed (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(b), Sch. 19 Pt. 3

Commencement Information

I197Sch. 21 para. 25 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

F53...E+W

F5326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 21 paras. 26-29 and cross-heading repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F5327E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 21 paras. 26-29 and cross-heading repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F5328E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 21 paras. 26-29 and cross-heading repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F5329E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 21 paras. 26-29 and cross-heading repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Employment Rights Act 1996 (c. 18)E+W

30In 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 ”.

Commencement Information

I198Sch. 21 para. 30 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I199Sch. 21 para. 30 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

31E+WIn section 139 of the Employment Rights Act 1996 (redundancy), in subsection (3), for “governors” there is substituted “ governing bodies ”.

Commencement Information

I200Sch. 21 para. 31 wholly in force at 19.12.2002; Sch. 21 para. 31 not in force at Royal Assent, see s. 216; Sch. 21 para. 31 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 31 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

32E+WIn section 218 of the Employment Rights Act 1996 (change of employer), in subsection (7) for “governors” (in both places) there is substituted “ governing body ”.

Commencement Information

I201Sch. 21 para. 32 wholly in force at 19.12.2002; Sch. 21 para. 32 not in force at Royal Assent, see s. 216; Sch. 21 para. 32 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 32 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Education Act 1996 (c. 56)E+W

33In 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) ”.

Commencement Information

I202Sch. 21 para. 33 wholly in force at 19.12.2002; Sch. 21 para. 33 not in force at Royal Assent, see s. 216; Sch. 21 para. 33 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 33 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

34(1)Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.E+W

(2)After subsection (1) there is inserted—

(1A)A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).

(3)In subsection (3) for “Subsection (1) also applies” there is substituted “ Subsections (1) and (1A) also apply ”.

Commencement Information

I203Sch. 21 para. 34 partly in force; Sch. 21 para. 34 not in force at Royal Assent, see s. 216; Sch. 21 para. 34 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I204Sch. 21 para. 34 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

35E+WIn section 29 of the Education Act 1996 (provision of information by [F5local authorities] ), subsection (6) is omitted.

Textual Amendments

Commencement Information

I205Sch. 21 para. 35 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I206Sch. 21 para. 35 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

36E+WIn section 313 of the Education Act 1996 (Code of Practice), in subsection (1), after “maintained schools” there is inserted “ and maintained nursery schools ”.

Commencement Information

I207Sch. 21 para. 36 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I208Sch. 21 para. 36 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

37E+WIn section 315 of the Education Act 1996 (review of arrangements), in subsection (2) after “special schools” there is inserted “ and maintained nursery schools ”.

Commencement Information

I209Sch. 21 para. 37 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I210Sch. 21 para. 37 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

38E+WIn section 316A of the Education Act 1996 (duty to educate children with special educational needs in mainstream school), in subsection (11)—

(a)in paragraph (a), after “maintained school” there is inserted “ or maintained nursery school ”, and

(b)in paragraph (b), the words “a maintained nursery school or” are omitted.

Commencement Information

I211Sch. 21 para. 38 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I212Sch. 21 para. 38 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

39(1)Section 317 of the Education Act 1996 (duties in relation to pupils with special educational needs) is amended as follows.E+W

(2)In subsection (1), for the words from the beginning to “shall” there is substituted “ The governing body of a community, foundation or voluntary school or a maintained nursery school shall ”.

(3)For subsection (2) there is substituted—

(2)In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).

(4)In subsection (3)—

(a)in paragraph (a), after “voluntary schools” there is inserted “ and maintained nursery schools ”, and

(b)paragraph (b) and the word “and” preceding it are omitted.

F54(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54Sch. 21 para. 39(5) repealed (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 4; S.I. 2005/2034, art. 5 (with Sch. para. 2)

Commencement Information

I213Sch. 21 para. 39 partly in force; Sch. 21 para. 39 not in force at Royal Assent, see s. 216; Sch. 21 para. 39(5) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I214Sch. 21 para. 39(1)-(4) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I215Sch. 21 para. 39(1)(5) in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

I216Sch. 21 para. 39(2)-(4) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

40E+WIn 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 ”.

Commencement Information

I217Sch. 21 para. 40 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I218Sch. 21 para. 40 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

41(1)Section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs) is amended as follows.E+W

(2)In subsection (1), after “voluntary schools” there is inserted “ or maintained nursery schools ”.

(3)In subsection (2), after “voluntary schools” there is inserted “ , maintained nursery schools ”.

Commencement Information

I219Sch. 21 para. 41 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I220Sch. 21 para. 41 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

42E+WIn section 321 of the Education Act 1996 (general duty of [F1local 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 ”.

Textual Amendments

Commencement Information

I221Sch. 21 para. 42 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I222Sch. 21 para. 42 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

43E+WIn 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 ”.

Commencement Information

I223Sch. 21 para. 43 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I224Sch. 21 para. 43 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

44E+WIn 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.

Commencement Information

I225Sch. 21 para. 44 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I226Sch. 21 para. 44 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

45E+WIn 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”—

(i)in relation to a school maintained by a [F1local authority] in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and

(ii)in relation to a school maintained by a [F1local authority] in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and.

Textual Amendments

Commencement Information

I227Sch. 21 para. 45 partly in force; Sch. 21 para. 45 not in force at Royal Assent, see s. 216; Sch. 21 para. 45 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 45 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I228Sch. 21 para. 45 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

46(1)Section 408 of the Education Act 1996 (provision of information) is amended as follows.E+W

(2)In subsection (1)(a) after “the Learning and Skills Act 2000” there is inserted “ or the relevant provisions of the Education Act 2002 ”.

(3)Subsection (4)(a) is omitted.

(4)After subsection (4) there is inserted—

(4A)For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

(a)Part 6 (the curriculum in England), and

(b)sections 97 to 117 (the curriculum in Wales).

(5)In subsection (6) for “this Part” there is substituted “ Part 6 or 7 of the Education Act 2002 ”.

(6)After subsection (8) there is inserted—

(9)In this section “maintained school” includes a maintained nursery school.

Commencement Information

I229Sch. 21 para. 46 partly in force; Sch. 21 para. 46 not in force at Royal Assent, see s. 216; Sch. 21 para. 46(1)-(3) in force for E. and Sch. 21 para. 46(4)(5) in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 46(1)-(5) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I230Sch. 21 para. 46(4)(5) in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

I231Sch. 21 para. 46(6) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I232Sch. 21 para. 46(6) in force at 1.8.2008 for W. by S.I. 2008/1728, art. 3, Sch. Pt. 2

47(1)Section 409 of the Education Act 1996 (complaints and enforcement: maintained schools) is amended as follows.E+W

(2)In subsection (1), the words “with the approval of the Secretary of State and” are omitted.

(3)In subsection (2), after “by the authority” there is inserted “ , any maintained nursery school so maintained ”.

(4)In subsection (3), before the “and” at the end of paragraph (a) there is inserted—

(aa)any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),.

Commencement Information

I233Sch. 21 para. 47 partly in force; Sch. 21 para. 47 not in force at Royal Assent, see s. 216; Sch. 21 para. 47(1)(2)(4) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I234Sch. 21 para. 47(3) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

48(1)Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.E+W

(2)In subsection (3)(b) for “section 357(1) (implementation of National Curriculum)” there is substituted “ section 88 or 109 of the Education Act 2002 (implementation of National Curriculum for England or National Curriculum for Wales) ”.

(3)In subsection (4)(b) for “section 357(1)” there is substituted “ section 88 or 109 of the Education Act 2002 ”.

Commencement Information

I235Sch. 21 para. 48 partly in force; Sch. 21 para. 48 not in force at Royal Assent, see s. 216; Sch. 21 para. 48 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 48 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I236Sch. 21 para. 48 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

49(1)Section 484 of the Education Act 1996 (education standards grants) is amended as follows.E+W

(2)For any reference to the Secretary of State there is substituted a reference to the National Assembly for Wales.

(3)In subsection (1), after “ [F5local authorities] ” there is inserted “ in Wales ”.

(4)In subsection (2) the words “England and” are omitted.

(5)Subsection (6) is omitted.

Textual Amendments

Commencement Information

I237Sch. 21 para. 49 partly in force; Sch. 21 para. 49 not in force at Royal Assent, see. s. 216; Sch. 21 para. 49 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I238Sch. 21 para. 49 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I239Sch. 21 para. 49 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4 (with art. 7)

50E+WIn 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)—

(a)maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and

(b)parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).

Commencement Information

I240Sch. 21 para. 50 in force at 1.9.2003 except in relation to W. by S.I. 2003/2071, art. 2 (with art. 2(2))

I241Sch. 21 para. 50 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

F5551E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

52E+WIn 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;.

Commencement Information

I242Sch. 21 para. 52 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I243Sch. 21 para. 52 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

F5653E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I244Sch. 21 para. 53 partly in force; Sch. 21 para. 53 not in force at Royal Assent, see s. 216; Sch. 21 para. 53 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I245Sch. 21 para. 53 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

F5754E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Sch. 21 para. 54 repealed (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 18 Pt. 1

Commencement Information

I246Sch. 21 para. 54 partly in force; Sch. 21 para. 54 not in force at Royal Assent, see. s. 216; Sch. 21 para. 54 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I247Sch. 21 para. 54 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I248Sch. 21 para. 54 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

55E+WIn 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.

Commencement Information

I249Sch. 21 para. 55 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I250Sch. 21 para. 55 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

56E+WIn 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.

Commencement Information

I251Sch. 21 para. 56 in force at 1.8.2003 by S.I. 2003/1667, art. 2

57E+WIn section 579(1) of the Education Act 1996 (general interpretation)—

(a)after the definition of “local government elector” there is inserted—

maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;,

(b)after the definition of “modifications” there is inserted—

the National Curriculum” (without more) means—

(a)in relation to England, the National Curriculum for England, and

(b)in relation to Wales, the National Curriculum for Wales;,

and

(c)after the definition of “regulations” there is inserted—

sex education” includes education about—

(a)Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

(b)any other sexually transmitted disease;.

Commencement Information

I252Sch. 21 para. 57 partly in force; Sch. 21 para. 57 not in force at Royal Assent, see s. 216; Sch. 21 para. 57(b)(c) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 57 (except sub-para. (a)) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I253Sch. 21 para. 57(a) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I254Sch. 21 para. 57(a) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

58E+WIn Schedule 27 to the Education Act 1996—

(a)in paragraph 3A(1), after the words “maintained school”, in each place where they occur, there is inserted “ or maintained nursery school ”, and

(b)in paragraph 8(1)(a), after “maintained school” there is inserted “ or maintained nursery school ”.

Commencement Information

I255Sch. 21 para. 58 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I256Sch. 21 para. 58 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

School Inspections Act 1996 (c. 57)E+W

F5859. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5860E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5861E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5862E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5863E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5864E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5865E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5866E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5867E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F5868E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 21 paras. 59-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

Education Act 1997 (c. 44)E+W

69[F59In 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 ”.]

Textual Amendments

Commencement Information

I257Sch. 21 para. 69 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I258Sch. 21 para. 69 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

70E+WIn 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 ”.

Commencement Information

I259Sch. 21 para. 70 partly in force; Sch. 21 para. 70 not in force at Royal Assent, see s. 216; Sch. 21 para. 70 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I260Sch. 21 para. 70 in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

71E+WSection 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.

Commencement Information

I261Sch. 21 para. 71 partly in force; Sch. 21 para. 71 not in force at Royal Assent, see. s. 216; Sch. 21 para. 71 in force for certain purposes for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I262Sch. 21 para. 71 in force at 31.3.2003 for specified purposes for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I263Sch. 21 para. 71 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

I264Sch. 21 para. 71 in force at 2.1.2008 for W. so far as not already in force by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Police Act 1997 (c. 50)E+W

F6072. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6173E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Teaching and Higher Education Act 1998 (c. 30)E+W

74In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.

Commencement Information

I265Sch. 21 para. 74 partly in force; Sch. 21 para. 74 not in force at Royal Assent, see s. 216; Sch. 21 para. 74 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I266Sch. 21 para. 74 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

75E+W[F62In 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.) ”.]

Textual Amendments

F62Sch. 21 para. 75 repealed (12.10.2009 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 4

Commencement Information

I267Sch. 21 para. 75 partly in force; Sch. 21 para. 75 not in force at Royal Assent, see. s. 216; Sch. 21 para. 75 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I268Sch. 21 para. 75 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I269Sch. 21 para. 75 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

76E+WIn section 3 of the Teaching and Higher Education Act 1998 (registration of teachers), in subsection (3)—

(a)the words “within the meaning of section 218(2) of the Education Reform Act 1988” are omitted, and

(b)[F63for paragraph (a) there is substituted—

(a)subject to a direction under section 142(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),.]

Textual Amendments

F63Sch. 21 para. 76(b) repealed (12.10.2009 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 4

Commencement Information

I270Sch. 21 para. 76 partly in force; Sch. 21 para. 76 not in force at Royal Assent, see s. 216; Sch. 21 para. 76 (except sub-para. (b)) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I; Sch. 21 para. 76 in force insofar as not already in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I271Sch. 21 para. 76(a) in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I272Sch. 21 para. 76(b) in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I273Sch. 21 para. 76(b) in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

77E+WIn 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.),.

Commencement Information

I274Sch. 21 para. 77 partly in force; Sch. 21 para. 77 not in force at Royal Assent, see. s. 216; Sch. 21 para. 77 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I275Sch. 21 para. 77 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I276Sch. 21 para. 77 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

78E+WIn 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) ”.

Commencement Information

I277Sch. 21 para. 78 partly in force; Sch. 21 para. 78 not in force at Royal Assent, see s. 216; Sch. 21 para. 78 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I278Sch. 21 para. 78 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

79E+WSection 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.

Commencement Information

I279Sch. 21 para. 79 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I280Sch. 21 para. 79 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

80E+WSection 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.

Commencement Information

I281Sch. 21 para. 80 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I282Sch. 21 para. 80 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

81E+WIn section 12 of the Teaching and Higher Education Act 1998 (deduction from teachers’ salaries of fees for registration with General Teaching Council)—

(a)for subsection (2)(b) there is substituted—

(b)required to be registered in the register by virtue of section 134 of the Education Act 2002,

and

(b)in subsection (4), for the definition of “schools” there is substituted—

school” means a school maintained by a [F1local authority] or a special school not so maintained.

Textual Amendments

Commencement Information

I283Sch. 21 para. 81 partly in force; Sch. 21 para. 81 not in force at Royal Assent, see s. 216; Sch. 21 para. 81 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I284Sch. 21 para. 81 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

82E+WSection 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.

Commencement Information

I285Sch. 21 para. 82 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I286Sch. 21 para. 82 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

83E+WFor section 15 of the Teaching and Higher Education Act 1998 (supply of information relating to dismissal or resignation of teachers, &c.) there is substituted—

15 Supply of information following dismissal, resignation, &c.

(1)This section applies where a relevant employer—

(a)has ceased to use a person’s services on a ground mentioned in section 142 of the Education Act 2002, or

(b)might have ceased to use a person’s services on a ground mentioned in that section had the person not ceased to provide those services.

(2)In the case of a person who was providing services to a relevant employer in England, the employer shall provide prescribed information to such of the following as may be prescribed—

(a)the Secretary of State, and

(b)where the person is a registered teacher, the Council.

(3)In the case of a person who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to such of the following as may be prescribed—

(a)the National Assembly for Wales, and

(b)where the person is a registered teacher, the General Teaching Council for Wales.

(4)For the purposes of this section, a reference to a ground mentioned in section 142 of the Education Act 2002 shall be read as if subsection (4)(e) was not limited to the case of a direction given by virtue of subsection (2)(d).

(5)In this section—

  • relevant employer” has the meaning given by section 142 of the Education Act 2002, and

  • services” includes professional and voluntary services.

15A Supply of information by contractor, agency, &c.

(1)This section applies to arrangements made by one person (the “agent”) for another person (the “worker”) to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).

(2)Subsections (3) and (4) apply where an agent—

(a)has terminated the arrangements on a ground mentioned in section 142 of the Education Act 2002,

(b)might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or

(c)might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.

(3)In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—

(a)the Secretary of State, and

(b)where the person is a registered teacher, the Council.

(4)In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—

(a)the National Assembly for Wales, and

(b)where the person is a registered teacher, the General Teaching Council for Wales.

(5)If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.

(6)If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.

(7)A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.

(8)A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.

(9)Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section.

Commencement Information

I287Sch. 21 para. 83 partly in force; Sch. 21 para. 83 not in force at Royal Assent, see. s. 216; Sch. 21 para. 83 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I288

I289Sch. 21 para. 83 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

84E+WSection 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.

Commencement Information

I290Sch. 21 para. 84 in force at 1.10.2003 except in relation to W. by S.I. 2003/1667, art. 5

I291Sch. 21 para. 84 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

85E+WIn section 19 of the Teaching and Higher Education Act 1998 (requirement for school teacher to serve induction period)—

(a)in subsection (7), for “section 49 of the Education (No. 2) Act 1986” there is substituted “ section 131 of the Education Act 2002 ”,

(b)in subsection (8), after “ [F5local authorities] ” there is inserted “ in Wales ”, and

(c)for subsection (10)(b) there is substituted—

(b)relevant school” means a school maintained by a [F1local authority] or a special school not so maintained,.

Textual Amendments

Commencement Information

I292Sch. 21 para. 85 partly in force; Sch. 21 para. 85 not in force at Royal Assent, see s. 216; Sch. 21 para. 85(a) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 85 (except for sub-para. (b)) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I; Sch. 21 para. 85 in force insofar as not already in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I293Sch. 21 para. 85(b) in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I294Sch. 21 para. 85(b) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I295Sch. 21 para. 85(c) in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

86(1)Schedule 2 to the Teaching and Higher Education Act 1998 (disciplinary powers of the General Teaching Council) is amended as follows.E+W

(2)[F64In paragraph 1(4) for the words from “of any powers” to the end there is substituted of the powers exercisable by him, in cases which he considers concern the safety and welfare of persons aged under 18, under section 142 of the Education Act 2002 —

(a)on the grounds that a person is unsuitable to work with children, or

(b)on grounds relating to a person’s misconduct or health.]

(3)Paragraph 1(5) is omitted.

Textual Amendments

F64Sch. 21 para. 86(2) repealed (12.10.2009 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 4

Commencement Information

I296Sch. 21 para. 86 partly in force; Sch. 21 para. 86 not in force at Royal Assent, see. s. 216; Sch. 21 para. 86 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I297Sch. 21 para. 86 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I298Sch. 21 para. 86 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

School Standards and Framework Act 1998 (c. 31)E+W

87In 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 ”.

Commencement Information

I299Sch. 21 para. 87 partly in force; Sch. 21 para. 87 not in force at Royal Assent, see s. 216; Sch. 21 para. 87 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I300Sch. 21 para. 87 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

88E+WIn 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).

Commencement Information

I301Sch. 21 para. 88 partly in force; Sch. 21 para. 88 not in force at Royal Assent, see s. 216; Sch. 21 para. 88 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I302Sch. 21 para. 88 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

89E+WIn section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.

Commencement Information

I303Sch. 21 para. 89 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

90E+WIn 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, ”.

Commencement Information

I304Sch. 21 para. 90 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I305Sch. 21 para. 90 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

91E+WSection 13 of the School Standards and Framework Act 1998 (disapplication of school teachers’ pay and conditions order) shall cease to have effect.

Commencement Information

I306Sch. 21 para. 91 partly in force; Sch. 21 para. 91 not in force at Royal Assent, see s. 216; Sch. 21 para. 91 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

F6592E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I307Sch. 21 para. 92 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I308Sch. 21 para. 92 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

F6593E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I309Sch. 21 para. 93 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I310Sch. 21 para. 93 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

F6594E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I311Sch. 21 para. 94 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I312Sch. 21 para. 94 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

95E+WIn 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 ”.

Commencement Information

I313Sch. 21 para. 95 partly in force; Sch. 21 para. 95 not in force at Royal Assent, see s. 216; Sch. 21 para. 95 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I314Sch. 21 para. 95 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

96(1)Section 22 of the School Standards and Framework Act 1998 (maintenance of schools) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (b), the words “under section 28 or 31” are omitted, and

(b)in paragraph (c), the words “under section 28” are omitted.

(3)In subsection (4)(b), for the words from “under paragraph 2” to the end there is substituted “ under any enactment of providing new premises for the school ”.

(4)In subsection (5)(b), for the words from “under paragraph 4” to the end there is substituted “ under any enactment of providing new premises for the school ”.

Commencement Information

I315Sch. 21 para. 96 partly in force; Sch. 21 para. 96 not in force at Royal Assent, see s. 216; Sch. 21 para. 96 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I316Sch. 21 para. 96 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

F6697E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66Sch. 21 para. 97 repealed (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4

F6798E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

99(1)Section 45 of the School Standards and Framework Act 1998 (budget shares of maintained schools) is amended as follows.E+W

(2)After subsection (1) there is inserted—

(1A)In this Chapter “maintained school” means—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school, or

(c)a maintained nursery school.

(3)In subsection (3)—

(a)in paragraph (a), for the words from “schools which” to “section 20(7)” there is substituted “ pupil referral units ”, and

(b)in paragraph (b)(i), for the words “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “ any enactment ”.

Commencement Information

I317Sch. 21 para. 99 partly in force; Sch. 21 para. 99 not in force at Royal Assent, see s. 216; Sch. 21 para. 99(1)(3) (except sub-para. (b)) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I318Sch. 21 para. 99(1)(3)(b) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I319Sch. 21 para. 99(2) (3)(a) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4 (with Sch. para. 5)

I320Sch. 21 para. 99(2)(3)(a) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

100(1)Section 49 of the School Standards and Framework Act 1998 (maintained schools to have delegated budgets) is amended as follows.E+W

(2)In subsection (4) for “local schools budget” there is substituted [F1local authority] budget or schools budget ”.

(3)In subsection (6)(b), for “or paragraph 14(2) of Schedule 6” there is substituted “ , paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000 or paragraph 8 of Schedule 8 to the Education Act 2002 ”.

Textual Amendments

Commencement Information

I321Sch. 21 para. 100 not in force at Royal Assent, see s. 216; Sch. 21 para. 100(1)(2) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I322Sch. 21 para. 100(1)(2) in force at 4.12.2003 for W. by S.I. 2003/2961, art. 5, Sch. Pt. II

I323Sch. 21 para. 100(3) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I324Sch. 21 para. 100(3) in force at 1.8.2004 for W. by S.I. 2004/1728, art. 4, Sch. Pt. 1

101E+WIn 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). ”

Commencement Information

I325Sch. 21 para. 101 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I326Sch. 21 para. 101 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

102E+WIn 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.

Commencement Information

I327Sch. 21 para. 102 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I328Sch. 21 para. 102 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

F68103E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I329Sch. 21 para. 103 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I330Sch. 21 para. 103 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

104(1)Section 69 of the School Standards and Framework Act 1998 (duty to secure provision of religious education) is amended as follows.E+W

(2)In subsection (1), 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 ”.

(3)In subsection (2), for “section 352(1)(a)” there is substituted “ section 80(1)(a) or 101(1)(a) ”.

Commencement Information

I331Sch. 21 para. 104 partly in force; Sch. 21 para. 104 not in force at Royal Assent, see s. 216; Sch. 21 para. 104 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 104 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I332Sch. 21 para. 104 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

105E+WIn 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 ”.

Commencement Information

I333Sch. 21 para. 105 partly in force; Sch. 21 para. 105 not in force at Royal Assent, see s. 216; Sch. 21 para. 105 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 105 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I334Sch. 21 para. 105 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

106E+WIn 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 ”.

Commencement Information

I335Sch. 21 para. 106 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I336Sch. 21 para. 106 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

107E+WIn 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 ”.

Commencement Information

I337Sch. 21 para. 107 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I338Sch. 21 para. 107 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

108E+WIn 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 ”.

Commencement Information

I339Sch. 21 para. 108 wholly in force at 19.12.2002; Sch. 21 para. 108 not in force at Royal Assent, see s. 216; Sch. 21 para. 108 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

109E+WIn 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 ”.

Commencement Information

I340Sch. 21 para. 109 partly in force; Sch. 21 para. 109 not in force at Royal Assent, see s. 216; Sch. 21 para. 109 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I341Sch. 21 para. 109 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

F69110E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111E+WIn 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), ”.

Commencement Information

I342Sch. 21 para. 111 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I343Sch. 21 para. 111 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

112E+WIn 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;.

Commencement Information

I344Sch. 21 para. 112 in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I345Sch. 21 para. 112 in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I346Sch. 21 para. 112 in force at 9.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I347Sch. 21 para. 112 in force at 31.10.2005 for W. so far as not already in force by S.I. 2005/2910, art. 4, Sch.

113E+WIn section 143 of the School Standards and Framework Act 1998 (index)—

(a)in the entry beginning “exclude, exclusion (in relation to the exclusion of a child from a school)” for “section 64(4)” there is substituted “ section 142(1) ”,

(b)in the entry beginning “foundation governor”, for “paragraph 2 of Schedule 9” there is substituted “ section 142(1) ”,

(c)in the entry beginning “individual schools budget”, for “section 46(2)” there is substituted “ section 45A(3) ”,

F70(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in the entry beginning “qualified teacher” for “qualified teacher” there is substituted “ school teacher ”,

(f)in the entry beginning “school opening date” for “section 44(9)” there is substituted “ section 33(6) ”, and

(g)after the entry beginning “school which has selective admission arrangements” there is inserted—

schools budget (in Part 2)section 45A(2).

Textual Amendments

Commencement Information

I348Sch. 21 para. 113 partly in force; Sch. 21 para. 113 not in force at Royal Assent, see s. 216; Sch. 21 para. 113 (c)(d)(g) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 113 (except sub-paras. (a)-(d)(f)(g)) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I349Sch. 21 para. 113(a) in force at 9.1.2004 for W. by