Part 1

Provision for new legal frameworks
Chapter 2

Exemptions related to school performance

Interpretation of Chapter 2
6
1
For the purposes of this Chapter a maintained school is a “qualifying school” at any time if it is a school of a prescribed description which satisfies prescribed criteria relating to one or more of the following—
a
the performance of the school,
b
the quality of the leadership in the school, and
c
the quality of the management of the school.
2
The criteria prescribed for the purposes of subsection (1) may include criteria referring to the opinion of the Chief Inspector, the Secretary of State or the National Assembly for Wales.
3
For the purposes of this Chapter a school teacher is “employed” at a school if he works at the school under a contract falling within paragraphs (b), (c) and (d) of section 122(3).
4
In this Chapter—
- “the Chief Inspector” has the meaning given by section 1(3);
- “curriculum provision” means—
  1. in relation to a maintained school maintained by a local authority in England, any provision of the National Curriculum for England, and
  2. in relation to a maintained school maintained by a local authority in Wales, any provision of the National Curriculum for Wales requirement imposed under or by virtue of Part 2 of the Curriculum and Assessment (Wales) Act 2021;
- “maintained school” means a community, foundation or voluntary school or a community or foundation special school;
- “pay and conditions provision” means any provision of an order under section 122;
- “school teacher” has the same meaning as in section 122.
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
Words in s. 6(4) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(3)