Programme of the Austrian OSCE Chairmanship for presentation to participating States
In section 5 of EA 2005 (duty to inspect certain schools in England at prescribed intervals), after subsection (5) there is inserted—
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Section 19 of EA 1996 (exceptional provision of education in short stay schools or elsewhere) is amended as follows.
After subsection (1) there is inserted—
For subsection (3A) there is substituted—
In subsection (3B)—
for “The education referred to in subsection (3A)” there is substituted “ Regulations may provide that the education to be provided for a child in pursuance of arrangements made by a local authority in England under subsection (1) ”;
for “regulations” there is substituted “ the regulations ”.
In section 27 of EA 2002 (power of governing body to provide community facilities etc), after subsection (1) there is inserted—
In section 50 of SSFA 1998 (effect of financial delegation), after subsection (3) there is inserted—
In subsection (4) of that section, for “In subsection (3) “purposes of the school”” there is substituted “ In the case of a school in Wales, “purposes of the school” in subsection (3) ”.
In section 51A of SSFA 1998 (expenditure incurred for community purposes), in subsections (1) and (2), after “a maintained school” there is inserted “ in Wales ”.
The governing body of a maintained school in England may— References in this subsection to a company are to a company registered under the Companies Act 2006 as a company limited by guarantee.
form, or participate in forming, a company to enter into Academy arrangements , and
do anything which appears to them to be necessary or expedient in connection with a proposal that Academy arrangements be entered into with a company formed (or proposed to be formed) by them under paragraph (a).
The governing body of a maintained school in England—
may be a member of a company which they have formed, or participated in forming, under subsection (1)(a), and
may be a member of a company which is not within paragraph (a) but which is party to Academy arrangements .
The power conferred by subsection (1)(b) includes, in particular, power—
to incur expenditure;
to enter into arrangements or agreements with any person.
This section is not to be read as limiting any powers that the governing body of a maintained school have otherwise than by virtue of this section.
In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
Paragraph 3 of Schedule 1 to EA 2002 (powers of governing body) is amended as follows.
After sub-paragraph (2) there is inserted—
In sub-paragraph (3)—
in the words before paragraph (a), for “and (2)” there is substituted “ , (2) and (2A) ”;
in paragraph (f), after “sub-paragraph (2)” there is inserted “ or (2A) ”.
After section 11 of EIA 2006 there is inserted—
After section 14A of CA 2004 (LSCBs in England: annual reports) there is inserted—
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After section 15 of CA 2004 (funding of LSCBs in England) there is inserted—
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This section applies in relation to any relevant family proceedings at which the public are not (or, in the case of proceedings which have already taken place, were not) entitled to be present.
The publication of information relating to the proceedings is a contempt of court committed by the publisher unless the publication of the information is—
an authorised publication of the text, or a summary, of the whole or part of an order made or judgment given by the court in the proceedings (see section 12),
an authorised news publication (see section 13), or
authorised by rules of court.
Nothing in this section makes it a contempt of court to publish information with the permission of the court.
“Family proceedings” means family proceedings within the meaning of —
section 65 of the Magistrates’ Courts Act 1980, or
section 32 of the Matrimonial and Family Proceedings Act 1984.
Where proceedings are family proceedings at the time they are commenced and, but for this subsection, would later cease to be family proceedings, for the purposes of this section they continue to be family proceedings.
“Relevant family proceedings” means family proceedings other than—
matrimonial causes and matters;
applications under Part 3 of the Family Law Act 1986 (declarations of status);
applications under section 27 of the Matrimonial Causes Act 1973 (financial provision where failure to maintain);
civil partnership causes and matters;
applications under section 58 of the Civil Partnership Act 2004 (declarations relating to civil partnerships);
applications under Part 9 of Schedule 5 to that Act (financial provision where failure to maintain);
causes and matters relating to non-contentious or common form probate business (within the meaning of section 128 of the Senior Courts Act 1981).
The Lord Chancellor may, by order made by statutory instrument, amend the definition of “relevant family proceedings” in subsection (6).
An order under subsection (7) may make transitional provision or savings.
A statutory instrument containing an order under subsection (7) may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
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A publication of the text, or a summary, of the whole or part of an order made by a court in the proceedings is an authorised publication—
in a case where the proceedings are adoption proceedings or parental order proceedings or a case where the publication of the text or summary contains identification information relating to an individual involved in the proceedings, to the extent that the publication of the text or summary is permitted by the court for the purposes of this section, and
in any other case, to the extent that the publication of the text or summary is not prohibited by, and does not breach any restriction imposed by, the court for the purposes of this section.
A publication of the text, or a summary, of the whole or part of a judgment given by a court in the proceedings is an authorised publication to the extent that the publication of the text or summary is permitted by the court for the purposes of this section.
The court may permit, prohibit or restrict publication for the purposes of this section on its own initiative or on the application of any interested person.
The court may permit publication for the purposes of this section subject to conditions specified by the court.
In this section—
“adoption proceedings” means proceedings under the Adoption and Children Act 2002 (other than proceedings on an application for a placement order under section 22 of that Act);
“parental order proceedings” means proceedings for parental orders under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008.
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A publication of information is an authorised news publication if the following conditions are met.
Condition 1 is that the information was obtained by an accredited news representative by observing or listening to the proceedings when attending them in exercise of a right conferred on accredited news representatives by rules of court.
Condition 2 is that the publisher of the information—
is the accredited news representative,
publishes the information with the consent of, or pursuant to a contract or other agreement entered into with, that representative, or
has obtained the information from a publication of information which is an authorised news publication.
Condition 3 is that —
the information is not—
identification information relating to an individual involved in the proceedings,
sensitive personal information relating to the proceedings, or
restricted adoption information or restricted parental order information,
the information is information within paragraphs (i) to (iii) of paragraph (a) and the publication is permitted by the court for the purposes of this Condition, or
the information is identification information relating to an individual involved in the proceedings (but not restricted adoption information or restricted parental order information) and the individual is a professional witness in the proceedings.
Condition 4 is that if the publication is— the publication is permitted by the court for the purposes of section 12.
a publication of the text, or a summary, of an order made by a court in adoption proceedings or parental order proceedings, or
a publication of the text, or a summary, of a judgment given by a court in relevant family proceedings,
Condition 5 is that the publication is not prohibited by, and does not breach any restriction imposed by, the court for the purposes of this condition or section 12.
The court may permit the publication of information for the purposes of Condition 3 or prohibit or restrict the publication of information for the purposes of Condition 5 on its own initiative or on the application of any interested person.
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This section applies where the court is determining whether to permit the publication of information for the purposes of Condition 3 in section 13 (except where section 15 applies).
The court may not permit the publication of the information unless it is satisfied of one or more of the following matters.
The matters are—
that it is in the public interest to give the permission;
that it is appropriate to give the permission so as to avoid injustice to a person involved in, referred to in or otherwise connected with the proceedings;
that it is necessary to give the permission in the interests of the welfare of a child or vulnerable adult involved in, referred to in or otherwise connected with the proceedings;
that an application for permission has been made by a party to the proceedings, or on behalf of a child who is the subject of the proceedings, and granting the permission is appropriate in all the circumstances.
The court must have regard to any risk which publication of the information would pose to the safety or welfare of any individual involved in, referred to in or otherwise connected with the proceedings.
The court may permit the publication subject to conditions specified by the court.
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This section applies where the court is determining whether to permit the publication of restricted adoption information or restricted parental order information for the purposes of Condition 3 in section 13.
“Restricted adoption information” means information the publication of which is likely to lead one or more persons—
to identify a person as—
a prospective adopter of a child,
a person who has adopted a child, or
a person who has been, or may be, adopted, or
to identify the whereabouts of a person identified as a person within sub-paragraph (i), (ii) or (iii) of paragraph (a).
“Restricted parental order information” means information the publication of which is likely to lead one or more persons—
to identify a person as—
a person who has applied for a parental order,
a person in respect of whom a parental order has been made, or
a child in relation to whom a parental order has been, or may be, made, or
to identify the whereabouts of a person identified as a person within sub-paragraph (i), (ii) or (iii) of paragraph (a).
If the person who has been or may be adopted or in relation to whom a parental order has been or may be made (“the affected person”)— the court may not permit the publication of the information unless it is satisfied that publication of the information would not prejudice the safety or welfare of the affected person.
is a child,
lacks capacity to consent to the publication, or
cannot be found,
In any other case where the affected person is alive, the court may not permit the publication except with the consent of the affected person.
The court must have regard to whether consent to the publication has been given by—
in the case of restricted adoption information, any prospective adopter of, or person who has adopted, the child in question, and
in the case of restricted parental order information, any person who applied for the parental order or in respect of whom the parental order has been made.
The court must have regard to any risk which publication of the information would pose to the safety or welfare of any individual involved in, referred to in or otherwise connected with the proceedings.
The court may permit the publication subject to conditions specified by the court.
For the purposes of this section—
“SSFA 1998” means the School Standards and Framework Act 1998;
“EA 2002” means the Education Act 2002;
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“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning Act 2009.
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The court may not prohibit or restrict the publication of information for the purposes of Condition 5 in section 13 unless subsection (2) or (3) applies (or both subsections apply).
This subsection applies if the court is satisfied that in the absence of the prohibition or restriction there is a real risk that the publication would prejudice—
the safety of any person,
the welfare of a child or vulnerable adult, or
the interests of justice in the proceedings in question.
This subsection applies if the information is identification information relating to a professional witness in the proceedings and—
the information is also identification information relating to—
another individual involved in the proceedings (other than a professional witness in the proceedings), or
an individual otherwise connected with the proceedings,
the information is also sensitive personal information relating to the proceedings, or
the court is satisfied that the professional witness is, has been or will be involved in the care or treatment of an individual involved in, or otherwise connected with, the proceedings, otherwise than for the purpose of being a professional witness in the proceedings.
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A person is not guilty of a contempt of court under section 11 by reason of the publication of information relating to relevant family proceedings if subsection (2), (3) or (4) applies.
This subsection applies if the person proves that at the time of the publication the person did not know and had no reason to suspect that the information was information relating to the proceedings.
This subsection applies if the person proves that—
the person obtained the information from a previous publication, and
at the time of the person’s publication the person did not know and had no reason to suspect that the previous publication was not an authorised news publication.
This subsection applies if the person proves that—
the publication of the information would be an authorised news publication but for the failure to meet Condition 3 in section 13, and
at the time of the publication the person did not know and had no reason to suspect that the information was—
identification information relating to an individual involved in the proceedings,
sensitive personal information relating to the proceedings, or
restricted adoption information or restricted parental order information.
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Rules of court—
may make provision about appeals against decisions within subsection (2) (including provision which modifies provision made by or under any Act as it applies to such appeals), and
to the extent that provision is not made by or under any Act for appeals against such decisions, must make such provision (including provision about the route of such appeals).
Those decisions are—
decisions to permit, or refuse to permit, publication of information for the purposes of section 12 or Condition 3 in section 13,
decisions to impose, or refuse to impose, conditions on permission granted for those purposes, and
decisions to prohibit or restrict, or refuse to prohibit or restrict, publication of information for the purposes of section 12 or Condition 5 in section 13.
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Schedule 1 (which contains amendments which alter the treatment under this Part of sensitive personal information) has effect.
In this section “the Part 2 amending provisions” means the provisions of that Schedule and any related repeal in Schedule 4.
The Lord Chancellor may not make an order under section 29(4) bringing into force any of the Part 2 amending provisions unless—
an independent person appointed by the Lord Chancellor has carried out a review of the operation of this Part,
in carrying out the review the independent person consulted the public about the operation of this Part, and
the conclusions of the review have been set out in a report which has been laid before Parliament.
No review for the purposes of subsection (3)(a) may be commenced before the end of the period of 18 months beginning with the time section 11 comes into force.
Where section 11 is initially brought into force for one or more specified purposes only, the reference in subsection (4) to the time that section comes into force is to the earliest time it comes into force for any purpose.
A statutory instrument containing an order under section 29(4) bringing into force any of the Part 2 amending provisions may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
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The Lord Chancellor may not bring into effect the provisions set out in Schedule 1 to this Act, unless—
the Lord Chancellor has commissioned a full independent review and evaluation of—
the operation of Part 2 of this Act, and
the impact of the new guidelines on reporting restrictions introduced on 27 April 2009,
the conclusions of the independent review have been set out in a report which has been laid before Parliament.
No review for the purposes of subsection (1) may be commenced before the end of the period of 18 months beginning with the time section 11 comes into force and a full review has been completed of the findings from the pilot allowing for the publication of anonymised judgments alone.
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In this Part—
“publisher” means—
where the information is published in a relevant programme— any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and any person having functions in relation to the programme corresponding to those of an editor of a newspaper;
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“publication” includes disclosure or communication in any form to any person or persons;
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“SSFA 1998” means the School Standards and Framework Act 1998;
“restricted adoption information” has the meaning given by section 15;
In section 19 (exceptional provision of education in short stay schools or elsewhere), in subsections (2)(a) and (2B)(a), for “such children” there is substituted “ children falling within subsection (1) ”.
Section 580 (index) is amended as follows. In the entry for “sex education”, for “section 352(3)” there is substituted “ section 579(1) ”.
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“relevant family proceedings” has the meaning given by section 11;
The matters referred to in the definition of “identification information” in subsection (1) are—
the name of the individual or any title, pseudonym or alias of the individual;
the address or locality of any place where the individual lives or works or is educated or taken care of;
the individual’s appearance or style of dress;
any employment or other occupation of, or position held by, the individual;
the individual’s relationship to particular relatives, or association with particular friends or acquaintances, of the individual;
the individual’s recreational interests;
the individual’s political, philosophical or religious beliefs or interests;
any property (whether real or personal) in which the individual has an interest or with which the individual is otherwise associated.
For the purposes of this Part an individual is “involved” in proceedings if the individual—
is or was a party to the proceedings or the subject of the proceedings,
is a person called, or whom it is proposed to call, as a witness in the proceedings, or
is a person who has given written evidence in connection with the proceedings.
The Lord Chancellor may, by order made by statutory instrument, amend—
the definition of “professional witness” in subsection (1);
Schedule 2 (list of sensitive personal information).
An order under subsection (4) may make transitional provision or savings.
A statutory instrument containing an order under subsection (4) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
Nothing in this Part prejudices any other power a court may have to prevent or restrict the publication of information relating to relevant family proceedings.
No provision of this Part (or of Part 2 of Schedule 3 or Part 2 of Schedule 4) applies in relation to relevant family proceedings concluded before the coming into force of the provision in question.
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In Part 10 of ASCLA 2009 (schools), Chapter 2 (complaints: England) is amended as follows.
In section 207 (power of Local Commissioner to investigate complaint), in subsection (5)(b) (power not to investigate vexatious complaint), before “vexatious” there is inserted “frivolous or”.
In section 216 (law of defamation)—
in subsection (1)(a), after “a governing body” there is inserted “or head teacher”;
in subsection (2)(a), after “the governing body” there is inserted “or head teacher”.
In section 111 of ESA 2008 (fees for inspections of independent educational institutions by Chief Inspector), in subsection (6) (institutions to which the section applies), for “any registered independent educational institution that is not” there is substituted “ any independent educational institution that is registered, or is the subject of an application to be registered, other than ”.
In this Act—
“EA 1996” means the Education Act 1996;
“EA 1996” means the Education Act 1996;
“CA 2004” means the Children Act 2004;
“ESA 2008” means the Education and Skills Act 2008;
EA 1996 and section 5 of this Act are to be read as if that section were contained in that Act.
Schedules 3 (minor and consequential amendments) and 4 (repeals) have effect.
There is to be paid out of money provided by Parliament—
any expenditure under this Act of a Minister of the Crown;
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.
Until a section 162(1)(a) order comes into force, a reference to a local authority in any provision of this Act (including any provision inserted by this Act in another Act) is to be read as a reference to a local education authority.
In subsection (1) “section 162(1)(a) order” means an order under subsection (1) of section 162 of EIA 2006 containing provision made by virtue of paragraph (a) of that subsection (power to replace statutory references to local education authorities with references to local authorities).
This Act does not extend to Scotland or (subject to subsection (2)) to Northern Ireland.
An amendment or repeal by this Act of a provision that extends to Northern Ireland has the same extent as the provision amended or repealed.
Sections 24 and 26 to 30 come into force on the day on which this Act is passed.
Section 23 comes into force at the end of the period of 2 months beginning with the day on which this Act is passed.
Section 9 comes into force on whatever day the Welsh Ministers appoint by order made by statutory instrument.
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Part 2;
Part 2 of Schedule 3 and Part 2 of Schedule 4 (and section 25 so far as relating to those Parts).
The other provisions of this Act come into force on whatever day or days the Secretary of State appoints by order made by statutory instrument.
An order under subsection (3)... or (5)—
may make different provision for different purposes or different areas;
may make incidental, consequential, supplemental, transitional or transitory provision or savings.
This Act may be cited as the Children, Schools and Families Act 2010.
This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.
Section 19
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in section 13 (authorised news publications), subsection (4)(a)(ii) (but not the “or” after it);
in section 16 (prohibiting or restricting publication for the purposes of section 13), subsection (3)(b) (but not the “or” after it);
in section 17 (defences to contempt of court), subsection (4)(b)(ii) (but not the “or” after it);
in section 21 (interpretation of Part)—
in subsection (1), the definition of “sensitive personal information”;
subsection (4)(b);
Schedule 2 (list of sensitive personal information).
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Section 21
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which a child who is involved or referred to in the proceedings has provided to a party to the proceedings or to a person called, or whom it is proposed to call, as a witness in the proceedings, or
which such a child has provided to any other person and which has been, or is expected to be, referred to in the proceedings.
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relates to a medical, psychological or psychiatric condition of any person, and
has been, or is expected to be, referred to in the proceedings.
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relates to a medical, psychological or psychiatric examination or evaluation of any person, and
has been, or is expected to be, referred to in the proceedings,
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relates to any health care, treatment or therapy which it is proposed to provide, or which is being or has been provided, to any person, and
has been, or is expected to be, referred to in the proceedings.
Section 25
“EA 2002” means the Education Act 2002;
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Section 25
Short title and chapter Extent of repeal Education Act 1996 (c. 56) In section 19(6)— the definition of “relevant school”; in the definition of “suitable education”, the words “(and “suitable full-time education” is to be read accordingly)”.
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