The Learning and Skills Act 2000 (Consequential Amendments) (Schools) (England) Regulations 2001

Statutory Instruments

2001 No. 783

EDUCATION, ENGLAND

The Learning and Skills Act 2000 (Consequential Amendments) (Schools) (England) Regulations 2001

Made

5th March 2001

Laid before Parliament

8th March 2001

Coming into force

1st April 2001

In exercise of the powers conferred upon the Secretary of State by the enactments specified in the Schedule hereto and all other powers enabling him in that behalf, the Secretary of State for Education and Employment hereby makes the following Regulations:

Citation, commencement and extent

1.  These Regulations may be cited as the Learning and Skills Act 2000 (Consequential Amendments) (Schools) (England) Regulations 2001, and shall come into force on 1st April 2001.

2.  These Regulations apply in relation to England.

Amendment of the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994

3.—(1) The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994(1) are amended as follows.

(2) In paragraph 9(1) of Schedule 2 (Provision of information) for the words “the appropriate further education funding council (as defined in section 1(6) of the Further and Higher Education Act 1992)” substitute the words “the appropriate council (within the meaning of section 61A of the Further and Higher Education Act 1992(2))”.

Amendment of the Education (School Inspection) Regulations 1997

4.—(1) The Education (School Inspection) Regulations 1997(3)are amended as follows.

(2) In regulation 5 (Notification of Inspection)—

(a) in paragraph (1)(g) for the words “a further education funding council” substitute the words “the Learning and Skills Council for England”;

(b) in paragraph (1)(i) for the words “the Training and Enterprise Council for the area in which the school is located” substitute the words “the Learning and Skills Council for England”.

(3) In regulation 6 (Meeting with Parents)—

(a) in paragraph (c)(ii) for the words “a further education funding council” substitute the words “the Learning and Skills Council for England”;

(b) in paragraph (d)(iv) for the words “a further education funding council” substitute the words “the Learning and Skills Council for England”.

(4) In regulation 8 (Action Plans)—

(a) in paragraph (3)(b) for the words “the Training and Enterprise Council for the area in which the school is situated” substitute the words “the Learning and Skills Council for England”,

(b) in paragraph (3)(c) for the words “a further education funding council” substitute the words “the Learning and Skills Council for England”.

Amendment of the Education (Publication of Local Education Authority Inspection Reports) Regulations 1998

5.—(1) The Education (Publication of Local Education Authority Inspection Reports) Regulations 1998(4) are amended as follows.

(2) In regulation 2 omit—

• “‘Training and Enterprising Council’, in relation to an authority, means every body with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons who reside in the authority’s area to select, train for, obtain or retain employment;”.

(3) For regulation 4(d) substitute—

“(d) the Learning and Skills Council for England;”.

Amendment of the Education (School Organisation Committees) (England) Regulations 1999 and transitional provision

6.—(1) The Education (School Organisation Committees) (England) Regulations 1999(5) (“the 1999 Regulations”) are amended in accordance with paragraphs (2) and (3) and the transitional provision in paragraph (4) shall have effect.

(2) In regulation 5(1)(d) (Constitution of Committee) for the words “the Further Education Funding Council for England” substitute the words “the Learning and Skills Council for England”.

(3) In regulation 13 (Special Provisions for the City of London) for the words “the Further Education Funding Council for England” substitute the words “the Learning and Skills Council for England”.

(4) A member of a School Organisation Committee who was nominated by the Further Education Funding Council for England under regulation 5(1)(d) of the 1999 Regulations before 1st April 2001 shall vacate his office on 1st April 2001.

Amendment of the Education (School Organisation Plans) (England) Regulations 1999

7.—(1) The Education (School Organisation Plans) (England) Regulations 1999(6) are amended as follows.

(2) In paragraph (1) of regulation 3 (Content and duration of School Organisation Plan)—

(a) after “section 26(2)(a)” insert “and (ab)(7)”;

(b) for “which provides” substitute “which provide”;

(c) after “exercise their functions” insert “and powers”.

(3) In regulation 4 (Publication of Draft Plan) for paragraph (1)(a)(iii) substitute—

“(1) (a) (iii) the Learning and Skills Council for England;”.

Tessa Blackstone.

Minister of State,

Department for Education and Employment

5th March 2001

SCHEDULE

1.  Sections 347 (2) and 569 (4) of the Education Act 1996(8)

2.  Section 21 (3) (c) of, and paragraph 6 of Schedule 3 to, the School Inspections Act 1996(9)

3.  Section 39 (3) of the Education Act 1997(10)

4.  Sections 24, 26 and 138 (7) of the Schools Standards and Framework Act 1998(11)

Note: By virtue of S.I. 1992/672 the powers conferred by the sections specified above are exercisable by the Secretary of State only in relation to England.

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to regulations which are consequential upon the Learning and Skills Act 2000.

The Regulations which are amended are:

• The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994;

• The Education (School Inspection) Regulations 1997;

• The Education (Publication of Local Education Authority Inspection Reports) Regulations 1998;

• The Education (School Organisation Committees) (England) Regulations 1999;

• The Education (School Organisation Plans) (England) Regulations 1999.

(1)

S.I. 1994/651.

(2)

1992 c. 13, section 61A was inserted by the Learning and Skills Act 2000 (c. 21), Schedule 9, paragrapgh 37.

(3)

S.I. 1997/1966.

(4)

S.I. 1998/880.

(5)

S.I. 1999/700.

(6)

S.I. 1999/701.

(7)

Section 26(2)(ab) of the School Standards and Framework Act 1998 (c. 31) was inserted by paragraph 80 of Schedule 9 to the Learning and Skills Act 2000 (c. 21).

(8)

1996 c. 56.

(9)

1996 c. 57.

(10)

1997 c. 44.

(11)

1998 c. 31, section 26 was amended by the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 80.