Education and Inspections Act 2006
For section 13A of EA 1996 substitute—
In section 14 of EA 1996 (functions of local authorities in relation to the provision of primary and secondary education) after subsection (3) insert—
After section 14 of EA 1996 insert—
In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert—
In section 437 of EA 1996, in subsection (8) omit the definition of “suitable education”.
In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute “ section 436A(3) ”.
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A local education authority in England must appoint, in relation to each maintained school which they maintain, a person (to be known as a school improvement partner) to provide advice to the governing body and head teacher of the school with a view to improving standards at the school.
A person may not be appointed as, or remain, a school improvement partner unless he is for the time being accredited for the purposes of this section—
by the Secretary of State, or
by a person authorised by the Secretary of State to accredit persons for those purposes.
Regulations may prescribe other requirements to be met by local education authorities in connection with the appointment of school improvement partners.
Regulations may confer functions in relation to school improvement partners on local education authorities or on the governing bodies of maintained schools.
Regulations may provide that in prescribed circumstances a person employed or engaged by a local education authority before the commencement of this section is to be taken to have been appointed by them as a school improvement partner.
In this section—
is provided in accordance with— any provisions of the trust deed affecting the Academy which relate to the teaching and learning of religious education, or the tenets of the religion or religious denomination in relation to which the Academy is designated, and
EA 1996 is amended as follows.
At any time during the interim period, the interim executive board may, if they think fit, make a report to the local education authority and the Secretary of State recommending that the school be discontinued, and stating the reasons for that recommendation. The interim executive board may not—
Where interim executive members are to vacate office on the date referred to in paragraph 18(1)(b) or (c), the local education authority must make arrangements providing for the constitution of the governing body on and after that date. The Secretary of State may by regulations make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition— The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.
The Office is to consist of—
a chairman appointed by the Secretary of State;
not less than 5 and not more than 10 other members appointed by the Secretary of State (“the appointed members”); and
the Chief Inspector.
The Office has power to appoint staff— But that power is exercisable only by the Chief Inspector acting on behalf of the Office. The conditions of service of persons appointed under this paragraph are to be determined by the Chief Inspector, subject to the approval of the Minister for the Civil Service. The management of the staff of the Office is to be the responsibility of the Chief Inspector. Nothing in this paragraph is to be read as preventing any delegation by the Chief Inspector under paragraph 9 of Schedule 12.
Anything authorised or required to be done by the Office may be done by—
any member of the Office who is authorised for the purpose by the Office, whether generally or specially, or
any committee or sub-committee of the Office which has been so authorised.
The Office has power— in connection with the performance of its own functions or in connection with the performance of functions of the Chief Inspector. But those powers are exercisable only by the Chief Inspector acting on behalf of the Office. The management of any property or accommodation held or used in connection with the performance of any of the functions mentioned in sub-paragraph (1) is to be the responsibility of the Chief Inspector. Nothing in this paragraph is to be read as preventing any delegation by the Chief Inspector under paragraph 9 of Schedule 12.
In section 312 (meaning of “special educational needs”), in subsection (2), after “or 15B” insert “ or section 507B ”.
Where during the interim period— the interim period is to continue until the discontinuance date, even where it would otherwise end before that date. In this paragraph “the discontinuance date” means— as the case may be.
The Office may do anything that it considers is necessary or expedient for the purposes of, or in connection with, its functions. But to the extent that paragraph 6 or 12 makes provision for restricting the exercise of any such power, the power is accordingly exercisable subject to any such restriction.
In section 508 (functions in respect of facilities for recreation etc.)—
in subsections (1) and (1A), after “local education authority” insert “ in Wales ”, and
in the heading, for “Functions” substitute “ local authorities in Wales: functions ”.
In section 510 (provision of clothing), in subsection (4)(c), for “made available for them by the authority under section 508(2)” substitute “ secured by the authority under section 507A or 507B (if the authority are in England) or made available by the authority for such persons under section 508(2) (if the authority are in Wales) ”.
In section 547 (nuisance or disturbance on school premises), in subsection (2A)(a), for “section 508” substitute “ section 507A or 507B (if the authority are in England) or section 508 (if the authority are in Wales) ”.
“regulations” means regulations made under this Part by the Secretary of State.
a community, foundation or voluntary school, or
In section 113 of the Learning and Skills Act 2000 (sixth forms requiring significant improvement), in subsection (3)(b) omit “, any school organisation committee”.
In section 46 of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), in subsection (3), in the definition of “free school transport”—
after “under” insert “section 508B(1), section 508C(1), section 508F(1),” and
after “1996,” insert—.
The Childcare Act 2006 has effect subject to the following amendments.
“parent” has the meaning given by section 576 of that Act;
Where— then (subject to the following provisions of this paragraph) the proposals must be implemented, in the form in which they were so approved or determined, in accordance with this Part of this Schedule. The relevant authority may, at the request of the proposers who made the proposals referred to in sub-paragraph (1), or, where the proposals were made by the authority themselves, on their own initiative— If, after consulting such persons as may be prescribed, the relevant authority are satisfied— the authority may determine that sub-paragraph (1) is to cease to apply to the proposals. The relevant authority may only make a determination under sub-paragraph (3) where proposals that they should do so have been published, in accordance with regulations, by the authority or proposers who made the proposals referred to in sub-paragraph (1); and regulations may provide for any of the provisions of sections 7 to 12, sections 15 and 16 and Parts 1 and 2 of this Schedule to have effect in relation to any such further proposals with or without modifications. The relevant authority must in prescribed cases refer to the adjudicator by a prescribed time any matter which would otherwise fall to be determined by the authority under this paragraph. If by the end of such period as may be prescribed the relevant authority have failed to take any step required by this paragraph, the authority must refer the matter to the adjudicator by the prescribed time. Where any matter is referred to the adjudicator under this paragraph—
This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a foundation or voluntary controlled school or a proposed such school. Proposals made by the relevant authority must be implemented by the authority. Proposals made by proposers (including, in particular, such proposals so far as relating to the provision of the site for a proposed school) must be implemented by the relevant authority and by the proposers, respectively, to such extent as the proposals provide for each of them to do so.
Where proposals published under section 7 to establish an Academy are implemented by the Secretary of State making an agreement under section 482 of EA 1996, subsection (3) of that section (requirement to consult certain LEAs about the establishment of the school) does not apply.
Where— the appropriate authority may give notice to the persons mentioned in sub-paragraph (2) specifying a date on which the governing body are to become a normally constituted governing body. The persons referred to in sub-paragraph (1) are—
Section 6 of the Transport Act 1985 (registration of local services) is amended as follows. In subsection (1) after “London local service” insert “nor a service which falls within subsection (1A) below”. After subsection (1) insert—
The chairman and the appointed members hold and vacate office in accordance with the terms of their respective appointments. Sub-paragraph (1) has effect subject to the following provisions of this Schedule. Section 113 makes provision for the holding and vacation of office by the Chief Inspector.
The Office may establish committees, and any committee so established may establish sub-committees. The members of a committee of the Office may include persons who are not members of the Office (and the members of a sub-committee may include persons who are not members of the committee or of the Office). The Office may make arrangements for the payment of such remuneration and allowances as it thinks fit to any person who—
The application of the seal of the Office must be authenticated by the signature of—
any member of the Office, or
some other person who has been authorised for that purpose by the Office, whether generally or specially.
The application of the Chief Inspector’s seal must be authenticated by the signature of—
the Chief Inspector, or
some other person who has been authorised for that purpose by the Chief Inspector, whether generally or specially.
Functions conferred on the Chief Inspector by virtue of this Part or any other enactment are conferred on him in his capacity as holder of the office of Chief Inspector and not in his capacity as a member of the Office. Sub-paragraph (1) does not apply to any function of the Chief Inspector under— References in this Part to functions of the Chief Inspector are references to functions conferred on him in his capacity as holder of the office of Chief Inspector. This is subject to paragraph 3(3). Any proceedings brought in respect of any such function of the Chief Inspector are to be brought against the Chief Inspector in his capacity as holder of that office.
This paragraph applies where— is authorised to act on behalf of the Chief Inspector in connection with the carrying out of any of the activities within his remit. The Chief Inspector must ensure that the person concerned has such qualifications, experience and skills as are necessary to secure that he is able to perform the function, or (as the case may be) assist with its performance, in an effective manner.
A person appointed as chairman or appointed member—
must not be appointed for a term of more than five years,
may at any time resign by giving written notice to the Secretary of State, and
may be removed from office by the Secretary of State on the grounds that he is unable or unfit to carry out the duties of his office.
The previous appointment of a person as chairman or appointed member does not affect his eligibility for appointment to either office.
In section 113A of the Learning and Skills Act 2000 (restructuring of sixth-form education), in subsection (4)—
in paragraph (a), after “local education authority” insert “in Wales”, and
after that paragraph insert—.
Omit section 14 (inspection).
Schedule 7 to the Learning and Skills Act 2000 (sixth forms requiring significant improvement) is amended as follows.
Omit section 31 (general functions of Chief Inspector).
For paragraph 17 substitute —
In section 50 (report of inspections) omit subsection (4).
For paragraph 25 substitute —
In section 61 (report of inspections) omit subsection (4).
Paragraph 32 is amended as follows. In sub-paragraph (2)— Omit sub-paragraph (3).
Section 77 (powers of entry) is amended as follows. In subsections (1) and (2) omit “A person authorised for the purposes of this subsection by”. In subsection (3) for “Authorisation” substitute “An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to his functions”. Omit subsection (7).
In paragraph 33(b), for “school organisation committee” substitute “local education authority”.
Section 79 (power of constable to assist in exercise of powers of entry) is amended as follows. In subsection (1) for “A person authorised for the purpose of subsection (1) or (2) of section 77” substitute “The Chief Inspector”. In subsection (2)—
In paragraph 34, for “school organisation committee” substitute “local education authority”.
Omit section 80 (combined reports).
Paragraph 35 is amended as follows. The local education authority must consider the proposals and, subject to subsection (2), may — The authority— In sub-paragraphs (2) and (3), for “school organisation committee” substitute “local education authority”. Omit sub-paragraphs (5) and (6). In sub-paragraph (7)(b), for “committee” substitute “local education authority”. In sub-paragraph (8)—
Omit section 81 (information to be included in annual reports).
In paragraph 36, in sub-paragraphs (2) and (3), for “school organisation committee” substitute “local education authority”.
In section 98(1) (interpretation of Part 3), in the definition of “the Chief Inspector”, for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
For paragraph 37 substitute—
In Schedule 7A to the Learning and Skills Act 2000, for paragraphs 5 to 7 substitute—
“prescribed” means prescribed by regulations;
In section 27 of the Sex Discrimination Act 1975 (exception for single-sex establishments turning co-educational) for subsection (1A) substitute—
Section 5 of EA 1996 (primary schools, secondary schools and middle schools) is amended as follows. For subsection (3) substitute—
In section 2A(2) of the Protection of Children Act 1999 (persons who may refer individuals for inclusion in list of those unsuitable to work with children) for paragraph (c) substitute—
The Health and Social Care (Community Health and Standards) Act 2003 has effect subject to the following amendments.
In section 332B of EA 1996 (resolution of disputes), in subsection (8)(c), for “a city academy” substitute “an Academy”.
In section 76(2) (matters to which the CSCI is to have particular regard in the exercise of certain functions)—
in paragraph (d) at the end insert “and”, and
omit paragraphs (f) and (g).
Section 394 of EA 1996 (determination of cases in which requirement for Christian collective worship is not to apply) is amended as follows. In subsection (8), for “(by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)” substitute “(by virtue of the relevant enactments)”. After that subsection insert—
Omit section 77(3) (advice as to standards prepared and published under section 23 of the Care Standards Act 2000 (c. 14)).
Section 529 of EA 1996 (power to accept gifts on trust for educational purposes) is amended as follows. After subsection (1) insert— In subsection (2)— In subsection (3)—
Section 79 (annual reviews) is amended as follows. For subsection (2) substitute— Omit subsection (7).
Section 530 of EA 1996 (compulsory purchase of land) is amended as follows. In subsection (1), for paragraph (c) substitute— In subsection (3), for the words from “borne by them” to the end substituteborne by them—
Omit section 80(5) (duty to take into account standards prepared and published under section 23 of the Care Standards Act 2000).
In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as follows. In sub-paragraph (2)(b), for the words from “published” onwards substitute “published under section 7 of the Education and Inspections Act 2006 (invitation for proposals for establishment of new schools) as a possible site for a new school”. In sub-paragraph (3)(d), for the words from “published” onwards substitute “published under section 7 of the Education and Inspections Act 2006”.
In section 81(2) (duties of the CSCI on awarding lowest performance rating) for “section 79(2)(a) or (b)” substitute “section 79(2)”.
For section 96 substitute—
Omit section 110 (transfer to the CSCI of functions under section 87 of the Children Act 1989).
Omit section 112 (inspection of secure training centres by the CSCI).
Section 120 (co-operation etc.) is amended as follows. After subsection (1) insert— In subsection (2) after “each other” insert “or the CIECSS”. For subsection (3) substitute— In subsection (4) for “whenever they consider” substitute “with the other or with the CIECSS whenever the CHAI or the CSCI (as the case may be) considers”. After that subsection add—
In section 133(1)(a) (failure in discharge of functions: CSCI) omit “or the Children Act 1989 (c. 41)”.
Section 148 (interpretation of Part 2) is amended as follows. but does not include anything which may be inspected by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006. At the end of the definition of “social services functions” addbut (in relation to a local authority in England) does not include—
In Schedule 7 (CSCI: supplementary) omit paragraph 5(2).
Before section 508 of EA 1996 (functions of local authority in respect of facilities for recreation and social and physical training), and immediately after the cross-heading which precedes that section, insert—
Schedule 1 contains amendments related to the provision made by subsection (1).
A local authority in England may with the consent of the Secretary of State publish a notice under this section inviting proposals from persons other than local authorities for the establishment of any new school falling within subsection (2).
The schools falling within this subsection are—
a foundation, voluntary or foundation special school, other than one providing education suitable only to the requirements of persons above compulsory school age, or
an Academy school.
A notice under this section must—
identify a possible site for the school,
state whether or not the proposed school is to be a special school,
specify a date, being a date after the prescribed interval, by which proposals must be submitted,
specify such other matters as may be prescribed, and
be published in the prescribed manner.
Proposals made pursuant to a notice under this section must—
contain the prescribed information, and
be submitted to the local authority before the date specified in the notice.
After the date specified in a notice published by a local authority under this section, the authority—
must publish under this section any proposals submitted pursuant to the notice in accordance with subsection (4),...
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proposals of their own for the establishment of a foundation school or a foundation special school, or
if section 8 permits them to do so, proposals of their own for the establishment of a community or community special school.
Regulations may prescribe—
the time within which proposals under this section must be published, and
the manner in which they must be published, ...
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Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.
If a local authority in England think a new school needs to be established in their area, they must seek proposals for the establishment of an Academy.
The local authority must specify a date by which any proposals sought under subsection (1) must be submitted to them.
After the specified date, the local authority must notify the Secretary of State—
of the steps they have taken to seek proposals for the establishment of an Academy, and
of any proposals submitted to them as a result before the specified date, or of the fact that no such proposals have been submitted to them before that date.
A notification under subsection (3) must—
identify a possible site for the Academy, and
specify such matters as may be prescribed.
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A local education authority may by virtue of subsection (5)(b)(ii) of section 7 publish proposals under that section for the establishment of a community or community special school—
only if at a prescribed time prescribed conditions are met in relation to the authority, and
except where further prescribed conditions are also met in relation to the authority at that time, only with the consent of the Secretary of State.
The conditions prescribed for the purposes of subsection (1)(a) or (b) must include conditions relating to the standards achieved by the authority in performing the functions to which Chapter 4 of Part 8 (inspection and review of local authorities in England) applies.
The other conditions that may be prescribed for those purposes are conditions relating to either or both of the following—
the standards of performance achieved by any relevant school, and
the extent of diversity among relevant schools.
The matters to which the Secretary of State is to have regard in determining whether to give consent under subsection (1)(b) include prescribed matters.
The power by virtue of subsection (2) or (3)(a) to prescribe standards includes power to prescribe them by reference to the opinion of the Chief Inspector or by reference to any rating awarded by the Chief Inspector following an inspection or review under any enactment.
In this section—
“regulations” means regulations made by the Secretary of State;
In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176), omit subsection (1A)(b) (which relates to school organisation committees).
Section 3 of the Diocesan Boards of Education Measure 1991 (transactions for which advice or consent of the Board is required) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (6), for “subsection (2)” substitute “subsection (1A) or (2)”.
Section 20 of SSFA 1998 (new categories of maintained schools) is amended as follows. In subsection (2), for “Schedule 8”, wherever occurring, substitute “the change of category provisions”. After subsection (2) insert—
In section 5 of EA 2005 (duty to inspect schools at prescribed intervals), in subsection (4)(c), for “section 19 or 32 of that Act” substitute “section 17 or 68 of the Education and Inspections Act 2006”.
The Office is to pay the Chief Inspector such remuneration, and such travelling and other allowances, as the Secretary of State may determine. In the case of any Chief Inspector determined by the Secretary of State, the Office is to pay— as the Secretary of State may determine. If, when any person ceases to hold office as Chief Inspector, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Office may pay to him such sum by way of compensation as the Secretary of State may determine. Service as Chief Inspector is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply. The Office must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under that Act.
The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to the Chief Inspector as if—
he were mentioned in the first column of the Schedule to that Act,
he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and
the regulations referred to in that Act included any document issued by him or any such person.
For all purposes relating to the government department constituted by the Office, the Chief Inspector is to be regarded— Sub-paragraph (1) applies subject to any provision made by virtue of sub-paragraph (3). The Secretary of State may by order make such provision as he considers appropriate for— Such an order may in particular provide—
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records) omit the entry relating to the Adult Learning Inspectorate.
In section 10B(1) of the Employment and Training Act 1973 (inspection)—
for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”,
omit paragraphs (a) and (b), and
in paragraph (c) for “those services” substitute “services in England in pursuance of section 8 or 9”.
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) omit the entry relating to the Adult Learning Inspectorate.
Anything which— is to be treated as done by or in relation to the new Chief Inspector. Anything (including any legal proceedings) which— may be continued by or in relation to the new Chief Inspector. Nothing in sub-paragraph (1) or (2)— In this paragraph “the appointed day” means the day appointed under section 188 for the coming into force of section 113.
The Secretary of State may by regulations confer on the Office and the existing Chief Inspector such powers, and impose on them such duties, as the Secretary of State considers necessary or expedient for the purpose of preparing for the performance by the new Chief Inspector of his functions. Regulations under sub-paragraph (1) may be made at any time before the day on which the new Chief Inspector acquires his functions. The ALI, the Chief Inspector of Adult Learning, the CSCI and the court administration inspectors must give such assistance to the Office and the existing Chief Inspector as is reasonably required for the purpose of preparing for the performance by the new Chief Inspector of his functions. In this paragraph references to the new Chief Inspector’s functions are to the functions conferred on him by virtue of this Part.
Section 7 of the Diocesan Boards of Education Measure 1991 (powers of Board to give directions to governing bodies of voluntary aided church schools) is amended as follows. In subsection (1) for paragraphs (a) to (c) substitute—. In subsection (1A), for “under paragraph 2 or 3 of Schedule 8 to that Act” substitute “under section 19(3) of the 2006 Act or paragraph 2 or 3 of Schedule 8 to the 1998 Act”. In subsection (3)—
In section 21 of SSFA 1998 (kinds of foundation and voluntary schools and types of foundations), in subsection (6)—
in paragraph (a), after “Schedule 8” insert “or under section 19 of the Education and Inspections Act 2006”,
in paragraph (f)—
in sub-paragraph (i), after “Schedule 8” insert “or under section 19 of the Education and Inspections Act 2006”,
in sub-paragraph (ii), after “that paragraph” insert “or that section”, and
in sub-paragraph (iii), after “voluntary school” insert “in Wales”,
in paragraph (h), after “his consent” insert “or to the disposal of which paragraph A9 of Schedule 22 would apply”, and
in paragraph (i), omit “school organisation committees and”.
In section 18 of EA 2005 (interpretation of Chapter 2 of Part 1), in paragraph (a) of the definition of “appropriate appointing authority”, omit “, a Church in Wales school”.
A scheme made by the Secretary of State may make provision corresponding to the provision made by paragraph 3 in relation to things done, having effect as if done, or in the process of being done by— Such a scheme may provide for things to be treated as done, or to be continued, by or in relation to the Chief Inspector or the Office. This paragraph does not apply to anything in relation to which provision may be made under paragraph 1(1)(d).
In section 22 of SSFA 1998 (maintenance and other funding of schools) for subsection (2) substitute—
In section 25 of SSFA 1998 (adjudicators), in subsection (2), for “or Part 2 of the Education Act 2005” substitute “or Part 2 of the Education and Inspections Act 2006”.
Omit section 27 of SSFA 1998 (power to require committees or adjudicators for Wales).
Section 28 of SSFA 1998 (proposals for establishment or alteration of community, foundation or voluntary school) is amended as follows. In subsection (1)— In subsection (2)— Omit subsections (2A) and (2B). In subsection (5), for “Secretary of State” substitute “Assembly”. Omit subsection (6). In subsection (7)— In subsection (8), omit “(for both England and Wales)”. In subsection (9), omit “subsection (6) and”. In the heading, after “voluntary school” insert “in Wales”.
Omit section 28A of SSFA 1998 (proposals for establishment of community, foundation or voluntary school maintained by English local education authority).
Section 29 of SSFA 1998 (proposals for discontinuance of community, foundation, voluntary of maintained nursery school) is amended as follows. In subsection (1), after “local education authority” insert “in Wales”. In subsection (2), after “voluntary school” insert “in Wales”. In subsection (4A), for “Secretary of State” substitute “Assembly”. In subsection (4B)— In subsection (4D), for “Secretary of State” substitute “Assembly”. Omit subsection (5). In subsection (6)— In subsection (7), omit “(for both England and Wales)”. In subsection (8), omit “subsection (5) and”. In subsection (9A), for “Secretary of State” substitute “Assembly”. In the heading, after “nursery school” insert “in Wales”.
In section 30 of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school) for subsection (9) substitute—
In the italic heading before section 31 of SSFA 1998, for “LEAs” substitute “LEAs in Wales”.
Section 31 of SSFA 1998 (proposals for establishment, alteration or discontinuance of community or foundation special school) is amended as follows. In subsection (1), after “local education authority” insert “in Wales”. In subsection (2), after “special school” insert “in Wales”. In subsection (4C), for “Secretary of State” substitute “Assembly”. Omit subsection (5). In subsection (6)— In subsection (7), omit “(5) or”. In subsection (8), omit “(for both England and Wales)”. In the heading, after “special school” insert “in Wales”.
Section 32 of SSFA 1998 (direction requiring discontinuance of community or foundation special school) is amended as follows. In subsection (1)— In subsection (3)— In subsection (4), for “Secretary of State” substitute “Assembly”. In the heading, after “special school” insert “in Wales”.
Section 33 of SSFA 1998 (further provisions relating to establishment, alteration or discontinuance of schools) is amended as follows. In subsection (1), in paragraphs (a) and (c), after “school” insert “in Wales”. In subsection (2), after “school” insert “in Wales”. In subsection (4), omit “28A,”. In subsections (5) and (6), after “maintained school” insert “in Wales”. In the heading, after “schools” insert “in Wales”.
Section 35 of SSFA 1998 (school changing from one category to another) is amended as follows. In subsection (1)— In the heading, after “School” insert “in Wales”.
Section 79 of SSFA 1998 (stamp duty) is amended as follows. In subsection (1)— In subsection (3), for “subsection (1)” substitute “subsection (1)(a) to (c)”.
In section 82 of SSFA 1998 (modification of trust deeds), in subsection (1), for “or the Education Act 2002” substitute “, the Education Act 2002 or the Education and Inspections Act 2006”.
Section 109 of SSFA 1998 (proposals by governing body of grammar school to end selective admission arrangements) is amended as follows. In subsection (2)— In subsection (3)— In subsection (4)— After subsection (5) insert—
In section 143 of SSFA 1998 (index)—
in the entry beginning “promoters”—
after “Part II” insert “in relation to Wales”, and
omit “or 28A(2)”, and
omit the entry beginning “school organisation committee”.
Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools) is amended as follows. In paragraph 2(2), for paragraph (a) substitute—. At the beginning of Part 2 insert—
In Schedule 5 to SSFA 1998 (adjudicators), in paragraph 5(1) for “or under Part 2 of the Education Act 2005” substitute “or under Part 2 of the Education and Inspections Act 2006”.
Schedule 6 to SSFA 1998 (statutory proposals: procedure and implementation) is amended as follows. For the heading substitute “STATUTORY PROPOSALS CONCERNING SCHOOLS IN WALES: PROCEDURE AND IMPLEMENTATION”. Omit paragraphs 1 to 5. For the heading to Part 2 substitute “PROCEDURE FOR DEALING WITH STATUTORY PROPOSALS”. In paragraph 6, omit the words from “which relate” to the end. In paragraph 7, in sub-paragraphs (2) and (3), for “Secretary of State” substitute “Assembly”. In paragraph 8— In paragraph 9, in sub-paragraphs (2) and (3), for “Secretary of State” substitute “Assembly”. In paragraph 10— In paragraph 11, omit “5 or”. In paragraph 12(2), omit “, 28A(1)”. In paragraph 13— In paragraph 14(3), omit “or 28A(2)”. In paragraph 16— In paragraph 20(2), for “Secretary of State” substitute “Assembly”. Omit paragraph 21 and the italic heading immediately above it. For the italic heading immediately above paragraph 22, substitute “Single-sex schools”. In paragraph 22—
In Schedule 8 to SSFA 1998 (changes of category of school), in paragraph 5(1), for “Secretary of State” substitute “Assembly”.
a school approved by the Secretary of State or the Assembly under section 342 of EA 1996 (approval of non-maintained special schools);
Section 6
Sections 7, 10, 11 and 15
In this Schedule—
“Academy proposals” means proposals under section 7 for the establishment of an Academy school, and
“non-Academy proposals” means proposals under section 7 for the establishment of a school falling within subsection (2)(a) of that section.
Academy proposals do not require consideration under paragraph 8 (see paragraph 7A instead). If proposals under section 7 consist wholly of non-Academy proposals, the proposals require consideration under paragraph 8. If proposals under section 7 include both Academy proposals and non-Academy proposals, the non-Academy proposals do not require consideration under paragraph 8 unless and until paragraph 7A(5) or (6) applies.
This paragraph applies where proposals under section 7 consist of or include Academy proposals. The Secretary of State must decide whether to enter into Academy arrangements as a result of any of the Academy proposals. The Secretary of State must notify the relevant authority of a decision under sub-paragraph (2). Sub-paragraphs (5) and (6) apply where the proposals under section 7 include non-Academy proposals. If the Secretary of State decides not to enter into Academy arrangements as a result of any of the Academy proposals, the non-Academy proposals require consideration under paragraph 8. In any other case, the Secretary of State may direct that all or any of the non-Academy proposals require consideration under paragraph 8.
Section 30
Section 36
Schedule 22 to SSFA 1998 (disposal of land by foundation, voluntary or foundation special schools and disposals on discontinuance) is amended as follows.
Before Part 1 of the Schedule insert—
In the heading to Part 1 of the Schedule after “SCHOOLS” insert “IN WALES”.
Paragraph 1 is amended as follows. In sub-paragraph (1)— In sub-paragraph (1A)(b) for “falling within section 21(1)(a)” substitute “established otherwise than under this Act”. In sub-paragraphs (2) and (3) for “Secretary of State” substitute “Assembly”. In sub-paragraph (3)—
Paragraph 2 is amended as follows. In sub-paragraph (1)— A “foundation body in Wales” means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in Wales. In sub-paragraphs (2) and (3) for “Secretary of State” substitute “Assembly”. In sub-paragraph (3)—
Paragraph 2A is amended as follows. In sub-paragraph (1) after “trustees of a foundation or foundation special school” insert “in Wales”. In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”. In sub-paragraph (4)— In sub-paragraph (6) after “foundation special school” insert “in Wales”.
Paragraph 3 is amended as follows. In sub-paragraph (1)— In sub-paragraph (2) after “voluntary aided school” insert “in Wales”. In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”. In sub-paragraph (8) omit “(d),”. In sub-paragraph (9)— In sub-paragraph (12) after “foundation special school” insert “in Wales”.
Paragraph 4 is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)—
Paragraph 5 is amended as follows. In sub-paragraph (1)(b)— which is held by the body for the purposes of the school. Land falls within this sub-paragraph if it is— If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them. which is held by the body for the purposes of the schools comprising the group. Land falls within this sub-paragraph if it is— If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A7 shall apply to it. In sub-paragraph (4)— Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A13(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school. Land falls within this sub-paragraph if it is— In sub-paragraph (4A)— In sub-paragraph (4B)— In sub-paragraph (5)— Where the school is in England and the trustees of the school— paragraph A13 shall apply to them. In sub-paragraph (6) after “Where” insert “the school is in Wales and”.
Paragraph 6 is amended as follows. In sub-paragraph (1) for “Secretary of State's” substitute “appropriate authority's”. In sub-paragraph (2)— Where the school is in England and the trustees of the school— paragraph A13 shall apply to them. In sub-paragraph (4) after “Where” insert “the school is in Wales and”.
In paragraph 7, in sub-paragraphs (2)(ii), (3)(c) and (6), for “Secretary of State” substitute “appropriate authority”.
In paragraph 8(2)—
for “Secretary of State” substitute “appropriate authority”,
for “he”, wherever occurring, substitute “the appropriate authority”,
for “him” substitute “the appropriate authority”, and
for “the authority”, wherever occurring, substitute “the local education authority”.
After paragraph 8 insert—
In paragraph 9(1)—
after “paragraph” insert “A5, A11, A17, A23,”, and
for “or 8(2)(b)” substitute “, 8(2)(b) or 8A”.
Paragraph 10 is amended as follows. In sub-paragraph (1) after paragraph (d) insert— In sub-paragraph (3) after “paragraphs” insert “A1(1), A13(1), (2) or (3)(a), A24 to A26,”. In sub-paragraph (4) after “paragraphs” insert “A1(1), A13(1),”. In sub-paragraph (5) for “paragraph 1(1)” substitute “paragraphs A1(1) and 1(1)”.
Paragraph 11 is amended as follows. For paragraph (a) of sub-paragraph (1) substitute—. In paragraph (b) of that sub-paragraph for “that Order” substitute “the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002”. In sub-paragraph (4) for the words from “, either by agreement” to the end substitute— In determining whether to make a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must have regard, in particular, to any guidance given from time to time by the Secretary of State. Before making a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must give the other notice of their intention to make the reference. In sub-paragraph (5)— A determination made by the adjudicator on a reference made to him under sub-paragraph (4)(b) may be varied or revoked by a further determination made by him if— In determining whether to make a reference to the adjudicator under sub-paragraph (5A)(a), the local education authority or the relevant body must have regard, in particular, to any guidance given from time to time by the Secretary of State. Sub-paragraph (5) applies in relation to the further determination of any matter by the adjudicator, by virtue of sub-paragraph (5A), as it applies in relation to the original determination of the matter. The Secretary of State may— Directions under sub-paragraph (7)(b) may be expressed to have effect in specified circumstances or subject to specified conditions.
After paragraph 11 insert—
Section 77 of SSFA 1998 (control of disposals or changes of use of school playing fields in relation to England) is amended as follows. In subsection (1)— For subsection (2) substitute— After subsection (2) insert— In subsection (3)— In subsection (4) omit “by a local authority”. After subsection (4) insert— “maintained school” includes a maintained nursery school;
In section 75(2) of SSFA 1998 (transfer of land by governing body to trustees) after “Paragraph” insert “A1 or”.
In section 79(1)(b) of SSFA 1998 (stamp duty exemption for certain transfers) after “paragraph” insert “A23,”.
In section 138 of SSFA 1998 (orders and regulations), in subsection (2)(b) (orders not made by statutory instrument), for “or 7(3)(c)” substitute “, 7(3)(c) or 8A”.
In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 2, in sub-paragraph (10), after “paragraphs” insert “A1 to A16 or”.
In Schedule 32 to SSFA 1998 (transitional provisions and savings), in paragraph 4(4)—
in paragraph (a) for “paragraph 1(1)(d)” substitute “paragraphs A1(1)(f) and 1(1)(d)”,
in paragraph (b) for “paragraph 2(1)(d)” substitute “paragraphs A7(1)(e) and 2(1)(d)”, and
in paragraph (c) for “paragraph 3(1)(e)” substitute “paragraphs A13(1)(g) and 3(1)(e)”.
Section 57
In section 17(6) of SSFA 1998 (power of LEA to suspend right to delegated budget), omit the words from “but” onwards.
Section 47A of SSFA 1998 (schools forums) is amended as follows. In subsection (3)(b), for the words from “function” to the end substitute “other function that may be imposed on the schools forum by or under this Chapter”. Omit subsection (6) (which enables regulations under subsection (5) of that section to enable the Secretary of State or the Assembly to remove a non-schools member from membership of a schools forum). For subsection (9) substitute—
Section 48 of SSFA 1998 (local education authorities' financial schemes) is amended as follows. In subsection (1), for “prepare” substitute “maintain”. In subsection (3), for “prepared” substitute “maintained”. In subsection (4), omit the words from “the approval” to “and for”. In subsection (5), for the words from “the scheme prepared” to the end substitute “the scheme for the time being maintained under this section”.
In section 49 of SSFA 1998 (maintained schools to have delegated budgets) for subsections (2) and (3) substitute—
Schedule 14 to SSFA 1998 (approval, imposition and revision of local education authority schemes) is amended as follows. For the heading substitute “REVISION OF LOCAL EDUCATION AUTHORITY SCHEMES”. For the italic heading immediately before paragraph 1 substitute “Publication of schemes”. In paragraph 1— For paragraph 2 substitute—
In Schedule 15 to SSFA 1998 (suspension of financial delegation), the following provisions (which confer on the governing body a right to appeal to the Secretary of State or the Assembly or relate to that right of appeal) are omitted—
paragraph 1(4) and (6),
paragraph 2(5), and
paragraph 3.
Section 70
Section 71
Section 77 After Schedule 35A to EA 1996 insert—
Section 78 After Schedule 35B to EA 1996 (inserted by section 77 above) insert—
Section 85
Section 112
Section 115
Section 149
Section 157
Section 158
Section 161
Section 1 of EA 2002 (purpose and interpretation of Chapter 1 of Part 1) is amended as follows. In subsection (1)(a) and (b), for “the educational standards achieved by children” substitute “educational standards”. In subsection (2)— In subsection (3)—
Section 2 of EA 2002 (power to suspend statutory requirements etc.) is amended as follows. After subsection (1) insert— Omit subsections (7) and (8).
Section 4 of EA 2002 (applications for orders under section 2) is amended as follows. In subsection (1) after “section 2” insert “(“an application for an order”)”. After subsection (1) insert— In subsection (2)—
“relevant school” means—
Section 175
Section 184
Short title and chapter Extent of repeal Education Act 1996 (c. 56) In section 444— in subsection (1A), the words “without reasonable justification”, and in subsection (3), paragraph (b) and the word “or” immediately following it. Education Act 2002 (c. 32) In section 1(3), the definition of “qualifying school”. Section 2(7) and (8). In Schedule 21, paragraph 54.
Short title and chapter Extent of repeal Leasehold Reform Act 1967 (c. 88) In section 29(6), the words from “but a university body” to the end. Employment Act 1989 (c. 38) Section 26. Section 28(4)(b). Education Act 1996 (c. 56) In section 569— in subsection (2), the words “other than regulations under section 492”, and subsection (3). School Standards and Framework Act 1998 (c. 31) Section 127(5) and (6). Education Act 2002 (c. 32) Section 159(3). In Schedule 21, paragraph 110(3). Education Act 2005 (c. 18) In Schedule 9, paragraph 21.
Short title and chapter Extent of repeal Local Government Act 1972 (c. 70) Section 177(1A)(b). Local Government Act 1974 (c. 7) Section 25(5)(a). Education Act 1996 (c. 56) In section 529(2), the words “(other than a nursery school or a special school)”. School Standards and Framework Act 1998 In section 21(6)(i), the words “school organisation committees and”. Section 24. Section 27. In section 28— in subsection (1)(d), the words from “in the case” to “Wales,”; in subsection (2)(b), the words from “or of” to “in England,”; subsections (2A) and (2B); subsection (6); in subsection (7), the words from the beginning to “in Wales,”; in subsection (8), the words “(for both England and Wales)”; and in subsection (9), the words “subsection (6) and”. Section 28A. In section 29— in subsection (4B), paragraph (c) and in paragraph (d), the words “parish council or”; subsection (5); in subsection (6), the words from the beginning to “in Wales”; in subsection (7), the words “(for both England and Wales)”; and in subsection (8), the words “subsection (5) and”. In section 31— subsection (5); in subsection (6), the words from the beginning to “in Wales”; in subsection (7), the words “(5) or”; and in subsection (8), the words “(for both England and Wales)”. In section 33(4), the words “28A,”. In section 79(1), the word “or” at the end of paragraph (b). In section 138(4), the words “29(9A),”. In section 143— in the entry beginning “promoters”, the words “or 28A(2)”, and the entry beginning “school organisation committee”. Schedule 4. In Schedule 6— paragraphs 1 to 5; in paragraph 6, the words from “which relate” to the end; in paragraph 11, the words “5 or”; in paragraph 12(2), the words “, 28A(1)”; in paragraph 13, in sub-paragraph (2), the words “, 28A(1)”, and in sub-paragraph (3)(a) the words “or 28A(2)”; in paragraph 14(3), the words “or 28A(2)”; and paragraph 21 and the heading immediately preceding it. In Schedule 30, paragraphs 45 and 146(b). Learning and Skills Act 2000 (c. 21) In section 113(3)(b), the words “, any school organisation committee”. In Schedule 7— in paragraph 32, in sub-paragraph (2), the definition of “the school organisation committee”, and sub-paragraph (3); paragraph 35(5) and (6). In Schedule 9, paragraph 82. Race Relations (Amendment) Act 2000 (c. 34) In Schedule 2, paragraph 30. Special Educational Needs and Disability Act 2001 (c. 10) In Schedule 8, paragraph 23(2). Education Act 2002 (c. 32) Section 73. In Schedule 21, paragraph 53. Education Act 2005 (c. 18) Sections 64 to 67. In section 68(1), in paragraph (a) the words “, 28A”, and paragraphs (d) and (e). Section 69(a). Section 73. Schedules 10 and 11. In Schedule 12, paragraphs 1(2), 2, 3, 5, 6 and 9 to 12.
Short title and chapter Extent of repeal School Standards and Framework Act 1998 (c. 31) In section 14, subsections (1A) and (4)(b). Section 15(7). In section 16(3)(a) and (9)(a), the words “13(3)(a) or”. In section 16A(2)(a), the words “13(3)(a) or”. In section 17(3), the words “13(3)(a) or”. Section 19(2)(ca). Learning and Skills Act 2000 (c. 21) In Schedule 7, paragraph 13. In Schedule 9, paragraphs 78 and 79. Education Act 2002 (c. 32) In section 63(5), the words “of the Secretary of State or, as the case may be,”. Education Act 2005 (c. 18) In section 17(1), all the words following paragraph (b). In section 18, in paragraph (a) of the definition of “the appropriate appointing authority”, the words “, a Church in Wales school”. In Schedule 5, paragraph 3(14).
Short title and chapter Extent of repeal Public Records Act 1958 (c. 51) In Schedule 1, in Part 2 of the Table in paragraph 3, the entry relating to the Adult Learning Inspectorate. Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entries relating to the Adult Learning Inspectorate and the Office of Her Majesty’s Chief Inspector of Schools in England. Superannuation Act 1972 (c. 11) In Schedule 1, the entry relating to the Adult Learning Inspectorate. Employment and Training Act 1973 (c. 50) Section 10B(1)(a) and (b). House of Commons Disqualification Act 1975 (c. 24) In Schedule 1, in Part 3, the entries relating to any member of the Adult Learning Inspectorate and to Her Majesty’s Chief Inspector of Schools in England. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Schedule 1, in Part 3, the entry relating to Her Majesty’s Chief Inspector of Schools in England. Race Relations Act 1976 (c. 74) In Schedule 1A, in Part 2, the entry relating to the Adult Learning Inspectorate. Children Act 1989 (c. 41) Section 26ZA. In section 26A(2A), “26ZA or”. In section 79N, subsections (1) to (3) and (6). In section 79R(4). In section 87(10), the definition of “the Commission”. Further and Higher Education Act 1992 (c. 13) Section 57(3)(c) and (d). Education Act 1994 (c. 30) In section 18B, subsection (3)(a), and in subsection (4) the words from “and subsections (2) to (4)” onwards. Education Act 1997 (c. 44) In section 38, subsection (2), in subsection (5)(a) the words “England or (as the case may require)”, in subsection (5)(b) the words “paragraph 2 of Schedule 1 to the Education Act 2005 or (as the case requires)”, and subsection (7)(a). In section 39(4), the words from “section 11(2)” to “Wales,” and “section 11(2) or, as the case may be,”. Section 41. Audit Commission Act 1998 (c. 18) In Schedule 1, paragraph 8(2)(e). Data Protection Act 1998 (c. 29) In section 31(6), “, 26ZA”. School Standards and Framework Act 1998 (c. 31) In section 139(2)(b), the words “Her Majesty’s Chief Inspector of Schools in England, or”. In Schedule 26, paragraphs 13A(4) and 14(1). Care Standards Act 2000 (c. 14) Section 45(4). Learning and Skills Act 2000 (c. 21) Sections 52 to 72. Section 90. Section 92(4)(b) and (c). Section 118(1)(a) and (b). In section 150(4)(a), “90,”. Section 151(2). Schedule 6. In Schedule 10, Part 3. Freedom of Information Act 2000 (c. 36) In Schedule 1, in Part 6, the entry relating to the Adult Learning Inspectorate. Education Act 2002 (c. 32) Section 162A(4). Section 162B(8). Section 178(3). Courts Act 2003 (c. 39) Section 58(6). Health and Social Care (Community Health and Standards) Act 2003 (c. 43) Section 76(2)(f) and (g). Section 77(3). Section 79(7). Section 80(5). Section 110. Section 112. Section 116(1). In section 133(1)(a), the words “or the Children Act 1989 (c. 41)”. In Schedule 7, paragraph 5(2). In Schedule 9, paragraphs 10, 18(2), 26 and 32. Public Audit (Wales) Act 2004 (c. 23) In Schedule 2, paragraph 18. Children Act 2004 (c. 31) Section 20(4)(b) and (c). Section 24. Section 38. Education Act 2005 (c. 18) Sections 1 to 4. In section 5(5), the word “and” at the end of paragraph (e). In section 9, “2(2)(b) or”. Section 11(2) to (4). Schedule 1. In Schedule 7, paragraphs 1 and 4(5). In Schedule 9, paragraph 5. Childcare Act 2006 (c. 21) Section 14. Section 31. Section 50(4). Section 61(4). In section 77, in each of subsections (1) and (2) the words “A person authorised for the purposes of this subsection by”, and subsection (7). Sections 80 and 81.
Short title and chapter Extent of repeal Education Act 1996 (c. 56) In section 437(8), the definition of “suitable education”. In section 509(1B)— the words “the Learning and Skills Council for England or”, and in paragraph (b), the words “13 or”. Sections 550A and 550B. Education Act 1997 (c. 44) Sections 4 and 5. School Standards and Framework Act 1998 (c. 31) Section 5. In section 17(6), the words from “but” onwards. Section 47A(6). In section 48(4), the words from “the approval” to “and for”. Section 58(4). Section 61. In section 77(4), the words “by a local authority”. In section 84(5), the words “of practice”, in each place where they occur. In section 85(1), the words “of practice”. In section 85A— in subsection (1), the word “and” at the end of paragraph (a), and in subsection (3), the word “and” at the end of paragraph (b). In section 89— in subsection (1A) the words “(within the meaning of section 22 of the Children Act 1989)”, and in subsection (2) the word “and” at the end of paragraph (c). Section 90(6), (7) and (10). Section 99(1). In Schedule 3, in paragraph 3 as it applies in relation to England, sub-paragraph (3). In Schedule 14, paragraph 1(1) to (6). In Schedule 15, paragraphs 1(4) and (6), 2(5) and 3. In Schedule 22— paragraph 1(1)(c); in paragraph 2(1)(a), the words from “or acquired” to the end; in paragraph 3(1)(a), the words from “or acquired” to the end; paragraph 3(1)(d); in paragraph 3(1)(f), the words “(d) or”; and in paragraph 3(8), the words “(d),”. Education Act 2002 (c. 32) In section 176(3), the definition of “pupil”. In Schedule 21, paragraph 118(3)(b) and (4)(a)(ii). Anti-social Behaviour Act 2003 (c. 38) Section 21(4). Education Act 2005 (c. 18) In Schedule 12, paragraph 15. Childcare Act 2006 (c. 21) In Schedule 2, paragraph 42.
Before publishing a notice under section 7, the local authority must consult such persons as appear to the authority to be appropriate; and in discharging their duty under this subsection the authority must have regard to any guidance given from time to time by the Secretary of State.
Regulations may require the local authority to take prescribed steps for the purpose of promoting public awareness of any proposals published by them under section 7.
This section applies where a local authority have published a notice under section 7.
At any time before the date specified in the notice—
the local authority may withdraw it, with the consent of the Secretary of State, or
the Secretary of State may direct the local authority to withdraw it.
A local authority in England may with the consent of the Secretary of State publish under this section their proposals to establish a new community, community special, foundation or foundation special school, which—
is not to be one providing education suitable only to the requirements of persons above compulsory school age, and
is to replace one or more maintained schools, except where section 11(A2) applies or in a case within section 11(A3).
Any persons (“proposers”) may with the consent of the Secretary of State publish under this section their proposals to establish (otherwise than pursuant to a notice under section 7) a new foundation, voluntary controlled or foundation special school in England other than—
one providing education suitable only to the requirements of persons above compulsory school age, or
one in relation to which proposals fall to be published under section 11 by virtue of subsection (2) of that section.
Proposals under this section must— as may be prescribed.
contain such information, and
be published in such manner,
Before publishing any proposals under this section, the local authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.
Where any proposals are published under subsection (2), the proposers must submit the proposals in accordance with regulations to the local authority who it is proposed should maintain the school.
Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.
Where a local authority in England propose to establish— the authority must publish their proposals under this section.
a new maintained nursery school, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (A2) applies where a local authority in England publish a notice under section 7 (notice inviting proposals for establishment of new schools), and—
no proposals are made pursuant to the notice, or
proposals are made pursuant to the notice but none of the proposals are approved under Schedule 2 or result in Academy arrangements being entered into.
Where any persons (“proposers”) propose to establish a new foundation, voluntary controlled or foundation special school in England which— they must publish their proposals under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is to replace an independent school that is not an Academy, a city technology college or a city college for the technology of the arts, or
is to replace one or more foundation or voluntary schools which have a religious character,
in the case of a new foundation special school, is to replace a non-maintained special school,
The local authority may publish under this section proposals of their own to establish a new community, community special, foundation or foundation special school, which is not to be one providing education suitable only to the requirements of persons above compulsory school age.
A new foundation, voluntary controlled or foundation special school is not to be regarded for the purposes of subsection (2)(b) as replacing an independent school unless—
the independent school has been registered under Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational institutions in England) for a continuous period of at least two years ending with the date of the publication of the proposals under this section, and
it is proposed that the independent school should continue in existence but should then close as an independent school immediately before the proposals are implemented.
Where a local authority in England propose to establish a new community, community special, foundation or foundation special school, which— the authority must publish their proposals under this section.
is to be a primary school, and
is to replace a maintained infant school and a maintained junior school,
A new foundation special school is not to be regarded for the purposes of subsection (2)(c) as replacing a non-maintained special school unless—
the non-maintained special school has been approved under section 342 of EA 1996 (approval of non-maintained special schools) for a continuous period of at least two years ending with the date of the publication of the proposals, and
it is proposed that the non-maintained special school should continue in existence but should then close as a non-maintained special school immediately before the proposals are implemented.
Proposals under this section must— as may be prescribed.
contain such information, and
be published in such manner,
Where any persons (“proposers”) propose to establish a new voluntary aided school in England, they may publish their proposals under this section.
Before publishing any proposals under this section, the authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.
Where any proposals are published under subsection (1A) or (2), the proposers must submit the proposals in accordance with regulations to the local authority who it is proposed should maintain the school.
For the purposes of subsection (2)(aa), a new foundation or voluntary controlled school replaces a foundation or voluntary school which has a religious character if it is proposed that the new school—
should have the same religious character,
should have a different religious character, or
should not have a religious character.
Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.
In this section “non-maintained special school” means a school which is approved under section 342 of EA 1996. In this section—
Proposals under— for the establishment of a new maintained school in England may relate to the establishment of the school as a federated school.
section 7, 10 or 11, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “federated school” has the meaning given by section 24(2) of EA 2002.
Regulations may modify the provisions of sections 7 to 12 and Schedule 2 in their application to cases where—
in the case of proposals published under section 7, the school is proposed to be established in an area in England other than that of the local authority who published the notice under that section, or
in the case of proposals published under section 10 or 11, the school is proposed to be established in an area in England other than that of the local authority who it is proposed should maintain the school.
No proposals may be published under this Part or any other enactment for the establishment of a school in Wales which is proposed to be maintained by a local authority in England.
Where a local authority in England propose to discontinue— the authority must publish their proposals under this section.
a community, foundation or voluntary school,
a community or foundation special school, or
a maintained nursery school,
Where the governing body of— propose to discontinue the school, the governing body must publish their proposals under this section.
a foundation or voluntary school in England, or
a foundation special school in England,
Proposals under this section must— as may be prescribed.
contain such information, and
be published in such manner,
The matters to which the relevant body must have regard in formulating any proposals under this section in relation to a rural primary school include— and in considering these matters the relevant body must have regard to any guidance given from time to time by the Secretary of State.
the likely effect of the discontinuance of the school on the local community,
the availability, and likely cost to the local authority, of transport to other schools,
any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and
any alternatives to the discontinuance of the school;
Where any proposals are published under subsection (2), the persons making the proposals must submit the proposals in accordance with regulations to the local authority.
Schedule 2 has effect in relation to the consideration, approval and implementation of proposals published under this section.
In this section—
“the relevant body” means the local authority mentioned in subsection (1) or the governing body mentioned in subsection (2) (as the case may be);
“rural primary school” means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.
In this Part any reference to a local authority— is a reference to the authority ceasing to maintain the school.
discontinuing a school, or
implementing proposals to discontinue a school (whether published by the authority or the governing body),
Before publishing any proposals under section 15 which relate to a school which is a rural primary school or a community or foundation special school, the relevant body must consult—
the registered parents of registered pupils at the school,
in the case of the rural primary school—
the local authority (where they are not the relevant body),
where the local authority are a county council, any district council for the area in which the school is situated, and
any parish council for the area in which the school is situated,
in the case of a community or foundation special school, any local authority which maintain an EHC plan or a statement under section 324 of EA 1996 (statement of special educational needs) or an individual development plan under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 in respect of a registered pupil at the school, and
such other persons as appear to the relevant body to be appropriate.
Before publishing any other proposals under section 15, the relevant body must consult such persons as appear to them to be appropriate.
In discharging their duty under subsection (1) or (2) the relevant body must have regard to any guidance given from time to time by the Secretary of State.
In this section “the relevant body” and “rural primary school” have the same meaning as in section 15.
The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school in England, give a direction to the local authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
A direction under subsection (1) may require the local authority to notify any persons or class of persons specified in the direction.
Before giving a direction under subsection (1), the Secretary of State must consult—
the local authority,
any other local authority who would in his opinion be affected by the discontinuance of the school,
in the case of a foundation special school which has a foundation, the person who appoints the foundation governors, and
such other persons as the Secretary of State considers appropriate.
On giving a direction under subsection (1), the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.
Where a local authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in section 15 or 28 applies to any such discontinuance of the school under this section.
Regulations may prescribe alterations to maintained schools that may be implemented in pursuance of proposals published under section 19.
The prescribed alterations must include any alteration that involves one or more of the following—
in the case of a school falling within any of the categories set out in section 20(1) of SSFA 1998, any change in the category within which the school falls (other than a change prevented by subsection (4)(c) to (f) of this section),
the acquisition by a foundation or foundation special school of a foundation established otherwise than under SSFA 1998, and
in the case of a school whose instrument of government does not provide for a majority of the governing body to be foundation governors, any change in the instrument of government which results in the majority of governors being foundation governors.
The prescribed alterations may include other alterations of any nature (other than those prevented by subsection (4)).
None of the following alterations may be made to a maintained school—
any change in the religious character of the school;
any change whereby the school would acquire or lose a religious character;
any change of category from foundation or voluntary school to community school;
any change of category from foundation special school to community special school;
any change of category from mainstream school to community or foundation special school or from community or foundation special school to mainstream school;
any change from maintained nursery school to any other kind of maintained school, or from any other kind of maintained school to maintained nursery school.
In subsection (4)(e) “mainstream school” means community, foundation or voluntary school.
Where— the authority must publish their proposals under this section.
the local authority propose to make a prescribed alteration to a maintained school, and
the prescribed alteration is one that under subsection (2) is capable of being proposed by a local authority,
A prescribed alteration is capable of being proposed by a local authority if—
in the case of a community school, a community special school or a maintained nursery school, it is an alteration designated by regulations under this subsection as one capable of being proposed by the local authority,
in the case of a foundation or voluntary school, it consists of any one or more of the following—
an enlargement of the premises,
an increase in the number of pupils in any relevant age group,
the establishment or discontinuance of educational provision for pupils with special educational needs, and
the establishment of educational provision suitable to the requirements of pupils over compulsory school age, and
in the case of a foundation special school, it consists of any one or more of the following—
an enlargement of the premises,
an increase in the number of pupils for whom the school is organised to make provision, and
a change in the type of special educational needs for which the school is organised to make provision.
Where— the governing body must publish their proposals under this section.
the governing body of a maintained school propose to make a prescribed alteration to the school, and
in the case of a community school, a community special school or a maintained nursery school, the prescribed alteration is designated by regulations under this subsection as one capable of being proposed by the governing body,
If at any time the governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), they must publish proposals under this section for the school to become either a voluntary controlled school or a foundation school, as the governing body may determine.
This section has effect subject to section 20.
In this section—
The governing body of a school specified in the first column of the Table below may not publish proposals under section 19 for a prescribed alteration of a kind specified in the second column, except with the consent of—
the trustees of the school, and
the person or persons by whom the foundation governors are appointed. School Prescribed alteration 1. A foundation school which, immediately before the commencement date, was a foundation school having a foundation. A relevant change in the instrument of government. 2. A voluntary school. A change of category from voluntary controlled school or voluntary aided school to foundation school. 3. A foundation school which, having been a voluntary school immediately before the commencement date, changed category to foundation school on or after that date. A relevant change in the instrument of government.
For the purposes of this section, a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.
In this section—
a London borough council,
“Academy school” has the meaning given by section 1A of the Academies Act 2010;
in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, and
In section 25 of EA 2002 (federations: supplementary provisions), in subsection (1)—
before paragraph (a) insert—, and
in paragraph (a), for “(intervention in schools causing concern)” substitute “(intervention in schools causing concern: Wales)”.
EA 2005 has effect subject to the following amendments.
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to the Office or the new Chief Inspector of any property, rights or liabilities of any of the following— A property transfer scheme may provide for the transfer to a person other than the Office or the new Chief Inspector of any property, rights or liabilities of the ALI not transferred pursuant to sub-paragraph (1). A property transfer scheme may— The things that may be transferred by a property transfer scheme include—
Paragraphs 58 and 60 of Schedule 14 to this Act (and the corresponding entries in Part 5 of Schedule 18 to this Act) do not affect—
any provision of a scheme made under section 90(1) or 92(1) of the Learning and Skills Act 2000 (c. 21) which has effect immediately before the coming into force of those paragraphs;
the operation of section 95 of that Act in relation to rights and liabilities under a contract of employment transferred by virtue of such a scheme.
In this Schedule—
After section 62 of EA 2002 insert—
Omit sections 1 to 4 (appointment and functions of Her Majesty’s Chief Inspector of Schools in England, etc.).
Section 63 of EA 2002 (power to require LEA to obtain advisory services) is amended as follows. In subsection (1)— In subsection (2), for the words from the beginning to “Wales)” substitute “The National Assembly for Wales”. In subsection (5), omit “of the Secretary of State or, as the case may be,”. In the heading, after “LEA” insert “in Wales”
For section 8 substitute—
Section 64 (provisions supplementary to section 63) is amended as follows. In subsections (1) and (2), for “section 63” substitute “section 62A or 63”. In subsection (7)— In the heading, for “section 63” substitute “sections 62A and 63”.
In section 9 (power of Chief Inspector to treat other inspection as s. 5 inspection) omit “2(2)(b) or”.
In section 11 (publication of inspection reports) omit subsections (2) to (4).
In section 12 (interpretation of Chapter 1) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
In section 18 (interpretation of Chapter 2) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Section 59 (combined reports) is amended as follows. After subsection (2) insert— In subsection (4) after “Chief Inspector” insert “for Wales”. After that subsection add—
In section 100(1) (interpretation of Part 3) in the definition of “the Chief Inspector for England”, for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Omit Schedule 1 (provisions relating to HM Chief Inspector of Schools in England).
“admission arrangements” has the meaning given by section 88(2) of SSFA 1998;
Proposals which require consideration under this paragraph, other than proposals to which paragraph 10 applies, must be considered in the first instance by the relevant authority. Sub-paragraphs (3) and (4) apply in relation to the relevant authority unless the authority is required by any of paragraphs 10 to 13 and 15 to refer the proposals to the adjudicator. In a case where the proposals were published under section 7 and two or more sets of proposals were published, the authority may— In any other case, the authority may— Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified. When deciding whether or not to give any approval under this paragraph, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.
Regulations may make provision requiring the relevant authority in prescribed cases to refer to the adjudicator within a prescribed time proposals requiring consideration under paragraph 8 (or in the case of proposals under section 7 all the proposals requiring consideration under that paragraph), together with any comments made on the proposals (or in the case of proposals under section 7, any of the proposals) by the authority.
The relevant authority must if so requested within a prescribed time by any relevant person refer to the adjudicator within a prescribed time any proposals under section 10, 11 or 15 which the relevant authority have determined under paragraph 8(4), together with any reasons given by the authority for their determination. The following are relevant persons for the purposes of sub-paragraph (1)—
Where any proposals are referred to the adjudicator under any provision of this Part of this Schedule— The revocation of a direction under paragraph 12(1) does not affect the determination by the adjudicator of any proposals referred to him before the revocation.
Regulations may require one or more of the following— to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.
the proposers (if any),
the relevant authority, and
the adjudicator,
In this Schedule— In this Schedule any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.
The number of interim executive members must not be less than two. The initial appointment of interim executive members must be made so as to take effect on the date specified in the relevant notice. The appropriate authority may appoint further interim executive members at any time during the interim period.
The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.
The interim executive board may determine their own procedure. The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.
Section 15 of EA 2005 (measures to be taken by local education authority following inspection report stating that school requires special measures or significant improvement) is amended as follows. In subsection (1), for “This section” substitute “Subsection (2)”. For subsection (2) substitute— In subsection (3) for “the statement” substitute “a statement under subsection (2) or (2B)”. After subsection (3) insert—
The Learning and Skills Act 2000 has effect subject to the following amendments.
EA 2002 has effect subject to the following amendments.
Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of his appointment. An interim executive member— The terms of appointment of an interim executive member may provide for his appointment to be terminable by the appropriate authority by notice.
Omit sections 52 to 72 (inspections in England).
In section 1(3) (purpose and interpretation of Chapter 1) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Section 82 (inspections of education and training provided under 1973 Act arrangements) is amended as follows. In subsection (1) for “the Adult Learning Inspectorate” substitute “the Chief Inspector for England”. In subsection (4) for the words from “the Adult Learning Inspectorate” onwards substitute “the Chief Inspector for England must be given to that Chief Inspector.” In subsection (5) for “The Adult Learning Inspectorate” substitute “The Chief Inspector for England” and for “it” substitute “he”. After subsection (6) add—
In section 151 (childcare functions of HM Chief Inspector and National Assembly for Wales) in subsections (1) and (2) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Omit—
section 90 (preliminary transfers: FEFC for England), and
section 92(4)(b) and (c) (transfers: England).
Section 162A (power to inspect registered schools in England) is amended as follows. Omit subsection (4). In subsection (5) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
In section 94(2) (stamp duty) for “section 90 or 92” substitute “section 92”.
In section 162B (inspections under section 162A: supplementary) omit subsection (8).
In section 95(1)(b) (contracts of employment) for “section 90 or 92” substitute “section 92”.
In section 171 (interpretation of Chapter 1), in the definition of “Chief Inspector”, for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
In section 113A(1)(a) (restructuring of sixth-form education) for “section 65” substitute “section 128 of the Education and Inspections Act 2006”.
In section 118(1) (inspection)—
for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”,
omit paragraphs (a) and (b), and
in paragraph (c) for “those services” substitute “services in pursuance of section 114(1)”.
In section 150(4)(a) (Wales) omit “90,”.
Omit section 151(2) (transitional provisions).
Omit Schedule 6 (the Adult Learning Inspectorate).
Schedule 7 (sixth forms requiring significant improvement) is amended as follows. In paragraph 3(1) for “section 65 or 83” substitute “section 128 of the Education and Inspections Act 2006 or section 83 of this Act”. In paragraph 5(1) for “section 65 or 83” substitute “, section 128 of the Education and Inspections Act 2006 or section 83”. In paragraph 10(1) for “section 65 or 83” substitute “section 128 of the Education and Inspections Act 2006 or section 83 of this Act”. In paragraph 12(1) for “section 65 or 83” substitute “, section 128 of the Education and Inspections Act 2006 or section 83”.
Omit Part 3 of Schedule 10 (transitional provisions).
Regulations may make provision about the publication and determination of proposals under section 19 (“proposals”).
The provision that may be made includes provision—
about the information to be included in, or provided in relation to, the proposals;
about consultation on the proposals;
about the manner in which proposals are to be published under section 19;
for the making of objections to or comments on the proposals;
requiring the proposals to be considered with related proposals published under section 19 or any other enactment;
for the consideration and determination of the proposals by a prescribed person (who may be the person who published the proposals);
for the referral of proposals to the adjudicator in prescribed cases for consideration and determination by him (instead of by a person prescribed by virtue of paragraph (f));
for the referral of proposals to the adjudicator, at the request of a prescribed person, after their initial determination by a person other than the adjudicator;
for the approval of proposals with or without modification;
for the making in prescribed cases of a conditional approval;
for the withdrawal of proposals;
as to the manner in which, and time within which, anything required or authorised by the regulations must be done.
The regulations may confer functions on the local authority, on any other local authority affected by the proposals, on the governing body of the school concerned and on the adjudicator.
Regulations made by virtue of subsection (2)(g) may enable the Secretary of State by direction to require proposals to be referred to the adjudicator.
In relation to any proposals for a school to cease to be an establishment which admits pupils of one sex only, regulations under this section may enable the local authority or the adjudicator to make a transitional exemption order for the purposes of paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational), and to vary or revoke any order so made.
The regulations may require any person exercising functions under the regulations to have regard to any guidance given from time to time by the Secretary of State.
Subsection (3) applies to proposals which are published under section 19 by the governing body of a community, voluntary controlled or community special school and relate only to—
a change of category from community or voluntary controlled school to foundation school, without the acquisition of a foundation or a relevant change in the instrument of government, or
a change of category from community special school to foundation special school, without the acquisition of a foundation.
For the purposes of this section a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.
In relation to proposals to which this subsection applies, regulations under section 21—
must provide for the proposals to be determined by the governing body, and
may not make any provision under subsection (2)(g) or (h) of that section enabling the proposals to be referred to the adjudicator.
Subsection (5) applies to—
proposals which are published under section 19 by the governing body of a community or voluntary controlled school and relate only to a change of category from community or voluntary controlled school to foundation school, together with the acquisition of a foundation or a relevant change in the instrument of government (or both),
proposals which are published under that section by the governing body of a community special school and relate only to a change of category from community special school to foundation special school, together with the acquisition of a foundation or together with both the acquisition of a foundation and a relevant change in the instrument of government, and
proposals which are published under that section by the governing body of a foundation or foundation special school and relate only to the acquisition of a foundation or a relevant change in the instrument of government (or both).
In relation to proposals to which this subsection applies, regulations under section 21—
must provide for the proposals to be determined by the governing body unless the local authority exercise the right conferred on them by regulations made by virtue of section 23(1), and
may not make any provision under subsection (2)(g) or (h) of section 21 enabling a person other than the local authority to require the proposals to be referred to the adjudicator.
Any regulations under section 21 which enable any proposals falling within subsection (2) which are published by the governing body of the school to which they relate to be determined by the governing body must include provision by virtue of subsection (2)(g) of that section enabling the local authority to require the proposals to be referred to the adjudicator.
Proposals fall within this section if the proposed alteration would result in a community, voluntary controlled or foundation school or community or foundation special school becoming either or both of the following—
a foundation or foundation special school having a foundation established otherwise than under SSFA 1998;
a foundation or foundation special school whose instrument of government provides for the majority of governors to be foundation governors.
Regulations under section 21 may restrict the matters to which a local authority may have regard in deciding whether to require proposals to be referred to the adjudicator in accordance with provision included in the regulations by virtue of subsection (1).
If regulations under section 21 provide for any proposals, other than proposals to which section 22(3) or (5) applies, to be determined by a person other than the adjudicator, the regulations must include provision by virtue of section 21(2)(h) enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the other person—
the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the authority,
the bishop of any diocese of the Roman Catholic Church any part of which is comprised in the area of the authority, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If regulations under section 21 provide for any proposals published by a local authority in relation to a foundation or voluntary school or a foundation special school to be determined by the local authority, the regulations must include provision by virtue of subsection (2)(h) of that section enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the authority—
the governing body of the school, and
the trustees of the school.
In this section “proposals” means proposals under section 19.
Regulations may make provision in connection with the implementation of—
proposals under section 19 which have been approved in accordance with regulations under section 21, or
proposals under section 19 in respect of which approval in accordance with those regulations is not required, and which the person making the proposals has determined to implement.
Regulations under this section may, in particular—
enable a prescribed person to determine in prescribed cases that proposals are not to be implemented or are to be implemented with modifications,
enable prescribed matters relating to the implementation of proposals to be referred to the adjudicator in prescribed cases, and
make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.
Regulations under this section relating to an alteration falling within subsection (2)(a), (b) or (c) of section 18 may include provision with respect to—
the revision or replacement of the school's instrument of government and the reconstitution of its governing body,
the transfer of property, rights and liabilities (including such a transfer to or from a foundation body or trustees),
the transfer of staff, and
any transitional matters.
Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may, in particular, make provision with respect to—
restricting the disposal by a local authority of land which is used or held for the purposes of a school in relation to which proposals to change category are, or may be, published under section 19, as from—
the date of publication of such proposals, or
such other time as may be prescribed,
restricting the taking of action by virtue of which any such land would cease to be so used or held to any extent,
the consequences of any contravention of any such restriction as is mentioned in paragraph (a) or (b), and
conferring on any prescribed body such functions as may be prescribed with respect to any such contravention.
Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may also make provision with respect to—
the division and apportionment of property, rights and liabilities any part of which fall to be transferred by or under the regulations where the property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or for the purposes of one or more schools and for other purposes,
excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer,
identifying and defining the property, rights and liabilities which fall to be transferred,
requiring prescribed persons to enter into agreements and execute instruments,
the resolution of disputes relating to a transfer,
the construction of agreements,
the position of third parties affected by a transfer,
the production or delivery of documents, or the provision of information, by a prescribed person to another prescribed person, and
enabling a certificate issued by a prescribed person to be conclusive evidence as to whether or not any property, rights or liabilities were transferred by virtue of the regulations.
Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.
Regulations under this section may, in particular, make provision corresponding to that made by, or that which may be made by regulations under, any provision of paragraphs 21 to 31 of Schedule 2 (implementation of proposals for establishment or discontinuance).
A school's change of category in pursuance of proposals published under section 19 is not to be taken as authorising any change in the religious character of the school, or the acquisition or loss of religious character.
In subsection (4) “local authority” includes a non-metropolitan district council for an area for which there is a county council.
This section applies to any foundation or foundation special school having a foundation if either or both of the following conditions is met.
Condition A is that the school was established (whether or not as a foundation or foundation special school) in pursuance of proposals falling to be implemented under Schedule 2.
Condition B is that the school acquired its foundation in pursuance of proposals falling to be implemented under regulations under section 24.
The governing body of any foundation or foundation special school to which this section applies may at any time publish proposals under this section for either or both of the following alterations to the school—
the removal of the foundation, or
the alteration of the instrument of government in such a way that foundation governors will cease to constitute the majority of governors.
A prescribed proportion of the governors of a foundation or foundation special school to which this section applies may in the prescribed manner require the governing body of the school to publish proposals under this section for either or both of the alterations mentioned in subsection (4).
Subsection (5) does not require the governing body of a foundation or foundation special school to publish proposals under this section—
at any time within a prescribed period beginning with the date on which—
proposals for the establishment of the school were implemented under Schedule 2, or
proposals for the acquisition of a foundation, for a relevant change in the instrument of government or for a change of category to foundation school or foundation special school were implemented under regulations under section 24, or
at any time within a prescribed period beginning with the date on which previous proposals published under this section in pursuance of a requirement under subsection (5) were rejected by the governing body in accordance with regulations under section 26.
In subsection (6)(a)(ii) “relevant change”, in relation to the instrument of government of a school, is to be read in accordance with section 22(2).
In this section “foundation” means a foundation established otherwise than under SSFA 1998.
Regulations may make provision about the publication and determination of proposals under section 25.
The provision that may be made includes provision—
about the information to be included in, or provided in relation to, the proposals;
about consultation on the proposals;
about the manner in which proposals are to be published under section 25;
for the making of objections to or comments on the proposals;
for the withdrawal of proposals in prescribed cases;
for the consideration of the proposals by the governing body;
enabling the governing body to approve or reject the proposals;
enabling the governing body to reject any proposals published in pursuance of a requirement under section 25(5) (“required proposals”) only by a decision made with the support of a prescribed proportion of the governors;
for the approval of required proposals given in the prescribed manner by a prescribed proportion of the governors to be treated as approval by the governing body;
for the approval of proposals either without modifications or in prescribed cases with modifications of a prescribed kind;
as to the manner in which, and time within which, anything authorised or required by the regulations must be done.
Regulations under this section may in prescribed cases—
require the governing body to ensure that matters relating to— are agreed or determined before the proposals are published, and
any transfer which may be required by virtue of subsection (2)(b) of section 27, or
any payment which might be required by virtue of subsection (4) or (5) of that section,
enable or require any such matter to be referred to the adjudicator for determination before the proposals are published.
Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.
Regulations may make provision in connection with the implementation of proposals under section 25 which have been approved in accordance with regulations under section 26.
Regulations under this section may, in particular—
make provision for the revision or replacement of the school's instrument of government and the reconstitution of its governing body;
make provision for the transfer of property, rights and liabilities;
make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.
Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i).
Where— regulations under this section may authorise or require the foundation to pay any part of the value of the excluded land to the governing body, the local authority or a prescribed person.
any land forming part of the school premises (“the excluded land”) is not transferred to the governing body, and
the governing body, a local authority or a prescribed person has incurred capital expenditure in relation to the excluded land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the excluded land,
Where— regulations under this section may authorise or require the governing body to pay any part of the value of the transferred land to the foundation.
any land forming part of the school premises (“the transferred land”) is transferred to the governing body, and
the foundation has incurred capital expenditure in relation to the transferred land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the transferred land,
Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.
The implementation of proposals under section 25 is not to be taken as authorising any change in the religious character of the school or the loss of religious character.
In this section “foundation” means a foundation established otherwise than under SSFA 1998.
Except in pursuance of proposals falling to be implemented under this Part ...—
no maintained school may be established or discontinued;
no prescribed alteration may be made to a maintained school.
In subsection (1)(b) “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.
Subsection (1) has effect subject to—
sections 17(5) and 68(4) (which relate to powers of the Secretary of State to require a maintained school to be discontinued),...
section 30(9) of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school), and
Except in pursuance of proposals falling to be implemented under section 27, no alteration falling within section 25(4)(a) or (b) may be made to a foundation or foundation special school.
section 6(2) of the Academies Act 2010 (requirement to cease to maintain school in respect of which Academy order has effect).
Section 24 of, and Schedule 4 to, SSFA 1998 (which require local authorities in England to establish a school organisation committee for their area) cease to have effect.
Schedule 3 contains amendments relating to school organisation.
The Secretary of State may by regulations make such transitional provision as he considers appropriate in connection with the commencement of this Part.
Regulations under this section may, in particular, make provision with respect to—
the determination or implementation of proposals made under the previous enactments,
references made to school organisation committees or adjudicators under the previous enactments.
This section does not limit the powers conferred by section 183.
In this section “the previous enactments” means—
sections 28, 28A, 29, 31 and 35 of, and Schedules 6 and 8 to, SSFA 1998 (establishment, alteration, discontinuance or change of category of schools) so far as applying to England, and
sections 66 and 67 of, and Schedules 10 and 11 to, EA 2005.
In this Part, except where the contrary intention appears—
a community, foundation or voluntary school,
“appropriate diocesan authority” has the same meaning as in SSFA 1998;
Section 129 of EA 2002 (transfer of employment) is amended as follows. In subsection (1)(a), for the words from “section” to “1998” substitute “the relevant school organisation provisions (as defined by subsection (6))”. After subsection (5) insert—
On the date specified in the notice under section 65(1) or 69(1), the existing governors vacate office. Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member. During the interim period, any reference in any provision contained in, or made under, the Education Acts to a governor or foundation governor of a school has effect, in relation to the school, as a reference to an interim executive member. During the interim period, section 83 of SSFA 1998 (modification of provisions making governors of foundation or voluntary school ex officio trustees) has effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members.
The appropriate authority may in the notice under section 65(1) or 69(1) specify the duration of the interim period.
During the interim period, the interim executive board shall conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school. Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.
Regulations made by virtue of subsection (2) or (3) of section 19 of EA 2002 (governing bodies) shall not apply in relation to the interim executive board. The instrument of government of the school shall not, so far as it relates to the constitution of the governing body, have effect in relation to the interim executive board.
The interim executive members vacate office— Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of his appointment.
In the heading to Chapter 4 of Part 1 of SSFA 1998 after “SCHOOLS” insert “IN WALES”.
If there is a vacancy in the office of Chief Inspector, the Secretary of State may appoint a person to be Chief Inspector during such period (not exceeding one year) as he thinks fit. Any such appointment is to be on such terms as the Secretary of State may determine. Those terms may include provision for the Secretary of State to terminate the appointment before the time when it would otherwise end.
The Chief Inspector may do anything that he considers necessary or expedient for the purposes of, or in connection with, his functions.
The Chief Inspector may enter into arrangements with such persons as he thinks fit for them to assist him in the performance of his functions in a particular case or class of case. The Chief Inspector may also enter into arrangements with persons (“inspection service providers”) under which they provide the services of inspectors to carry out inspections on behalf of the Chief Inspector. A person assisting the Chief Inspector in pursuance of arrangements under sub-paragraph (1) or (2) is to be known as an additional inspector. The Chief Inspector may not authorise an additional inspector to conduct an inspection of a school under section 5 of EA 2005 unless— In sub-paragraph (4)(b) the reference to an HMI is, in relation to an inspection conducted before the commencement of this paragraph, to be read as a reference to one of Her Majesty’s Inspectors of Schools in England.
In this paragraph “the discontinuance date” means—
During the interim period—
the local education authority may not exercise any power conferred by section 64 (power to appoint additional governors), and
the Secretary of State may not exercise any power conferred by section 67 (power to appoint additional governors).
Section 14 of SSFA 1998 (powers of intervention exercisable by LEAs) is amended as follows. In subsection (1) for “Secretary of State” substitute “Assembly”. Omit subsection (1A). In subsection (3)— After subsection (3) insert— In subsection (4)—
The Chief Inspector may designate an HMI to perform his functions during any period when he is absent or unable to act. If (at a time when no designation is in force under sub-paragraph (1)) it appears to the chairman of the Office that the Chief Inspector is, as a result of any incapacity— the chairman may designate an HMI to perform the Chief Inspector’s functions so long as he remains in office and is unable to act. For the purposes of this paragraph the Chief Inspector’s functions include his functions as a member of the Office.
Section 15 of SSFA 1998 (cases where LEA may exercise powers of intervention) is amended as follows. For subsection (4) substitute— For subsection (6) substitute— Omit subsection (7).
Section 16 of SSFA 1998 (power of LEA to appoint additional governors) is amended as follows. In subsection (3)(a), omit “13(3)(a) or”. In subsection (9)— In subsection (12)(b) for “Secretary of State” substitute “Assembly”. In subsection (12A)—
Section 16A of SSFA 1998 (power of LEA to provide for governing body to consist of interim executive members) is amended as follows. In subsection (1), for “Secretary of State” substitute “Assembly”. In subsection (2)(a), omit “13(3)(a) or”. In subsection (3)—
Section 17 of SSFA 1998 (power of LEA to suspend right to delegated budget) is amended as follows. In subsection (3), omit “13(3)(a) or”. In subsection (4)—
In the italic heading immediately preceding section 18 of SSFA 1998, for “Secretary of State” substitute “Assembly”.
Section 18 of SSFA 1998 (power of Secretary of State to appoint additional governors) is amended as follows. For “the Secretary of State” and “he”, wherever occurring, substitute “the Assembly”. In subsection (6), for “his” substitute “the Assembly's”. In the heading, for “Secretary of State” substitute “Assembly”.
In section 18A of SSFA 1998 (power of Secretary of State to provide for governing body to consist of interim executive members) for “Secretary of State”, wherever occurring (in the section and its heading), substitute “Assembly”.
Section 19 of SSFA 1998 (power of Secretary of State to direct closure of school) is amended as follows. For “Secretary of State”, wherever occurring (in the section and its heading) substitute “Assembly”. In subsection (2), omit paragraph (ca).
In section 19A of SSFA 1998 (governing bodies consisting of interim executive members), in paragraph (b), for “Secretary of State” substitute “Assembly”.
Section 62 of SSFA 1998 (LEA’s reserve power to prevent a breakdown of discipline) is amended as follows. In subsection (1), for “subsection (3)” substitute “subsection (2A) or (3)”. After subsection (2) insert— In subsection (3) after “applies where” insert “in the case of school in Wales”.
In section 142 of SSFA 1998 (interpretation), in subsection (4)—
after “this Act” insert “(or Part 4 of the Education and Inspections Act 2006)”, and
in paragraph (b), after “section 16(6) or (8)” insert “or of section 64(4) or (6) of the Education and Inspections Act 2006”.
(in Chapter 4 of Part 1) section 14(3A).
In Schedule 1A to SSFA 1998, for “Secretary of State” (wherever occurring) substitute “Assembly”.
Schedule 7 to the Learning and Skills Act 2000 (sixth forms requiring significant improvement) is amended as follows. In paragraph 6(3)(a)(iii) for “section 15(2) and (3)” substitute “section 15(2) to (4)”. Omit paragraph 13.
The Office must pay to the chairman and each of the appointed members such remuneration and allowances as may be determined by the Secretary of State. The Office must, if required to do so by the Secretary of State— If, where a person ceases to hold office as chairman or appointed member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Office must pay to him such amount by way of compensation as the Secretary of State may determine. Paragraph 1 of Schedule 12 makes provision for the payment to the Chief Inspector of remuneration etc.
The Office may make such provision as it thinks fit to regulate— The validity of any proceedings of the Office, or any of its committees or sub-committees, is not affected by—
The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to the Office as if—
the Office were included in the first column of the Schedule to that Act,
any member or other person authorised to act on behalf of the Office were mentioned in the second column of that Schedule, and
the regulations referred to in that Act included any document issued by or under the authority of the Office.
Anything authorised or required by or under any enactment to be done by the Chief Inspector may be done by— who is authorised generally or specially for the purpose by the Chief Inspector. But sub-paragraph (1) has effect subject to— The making of any report of an inspection of a school under section 5 of EA 2005 which states the opinion that special measures are required to be taken in relation to the school must be personally authorised by— Without prejudice to the generality of sub-paragraph (1) above, references to the Chief Inspector— include references to any person authorised to act on his behalf under sub-paragraph (1). In sub-paragraph (4) the reference to any power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.
This paragraph applies to arrangements made with inspection service providers under paragraph 11(2) (“ISP arrangements”). In pursuance of his duty under paragraph 10(2), so far as applying to additional inspectors provided under ISP arrangements, the Chief Inspector— a statement of the matters mentioned in sub-paragraph (3). The matters are— ISP arrangements must be made on terms that require the inspection service provider to secure compliance with any requirements that are for the time being published under sub-paragraph (2). Where the Chief Inspector has entered into any ISP arrangements, he must publish, at intervals of not more than 12 months, a list of the names of the persons who are, at a specified date, currently notified to him by the inspection service provider as persons with whom the provider proposes to make arrangements for the carrying out of inspections on behalf of the Chief Inspector.
“trust deed”, in relation to an Academy, includes any instrument (other than the articles or memorandum of association) regulating the constitution of the Academy proprietor or the maintenance, management or conduct of the Academy.
“EA 2005” means the Education Act 2005 (c. 18);
“authorised officer” means—
a constable,
In this Schedule “proposers”, in relation to any proposals, means the persons who made the proposals, but does not include a local education authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where proposals within sub-paragraph (2A) appear to the relevant authority to be related to other proposals within that sub-paragraph that have not yet been determined, the authority must consider the proposals together. The proposals within this sub-paragraph are— In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.
The Secretary of State may at any time give a direction to a local education authority requiring them to refer to the adjudicator by a specified time— together with any comments made on any of the proposals by the authority. Where a direction under sub-paragraph (1) is given to a local education authority at a time when the authority are considering proposals which consist of or include proposals published under section 7 to establish an Academy, the authority must complete any consultation required by paragraph 18 before referring the proposals to the adjudicator. References in this paragraph to the determination of any proposals are references to—
Where the relevant authority are required under any of paragraphs 10 to 14 or under Schedule 7 to the Learning and Skills Act 2000 to refer any proposals (“the relevant proposals”) to the adjudicator, the authority must also within a prescribed time refer to the adjudicator—
any other proposals under section 7, 10, 11 or 15 which relate to the area of the relevant authority and which by virtue of paragraph 9(2) fall to be considered with the relevant proposals, and
where the relevant proposals are referred to the adjudicator by virtue of paragraph 14, any other proposals under section 10, 11 or 15 which by virtue of paragraph 9(2) were determined by the relevant authority with the relevant proposals.
Regulations may provide that, where proposals published under section 7 consist of or include proposals to establish an Academy, the relevant authority must within the prescribed period consult the Secretary of State in accordance with regulations, before taking any decision under paragraph 8. The relevant authority may not approve under paragraph 8 proposals to establish an Academy unless the Secretary of State, on being consulted under sub-paragraph (1), has indicated in accordance with regulations that, if the proposals were approved, he would be willing to commence negotiations with a view to entering into an agreement under section 482 of EA 1996 for the establishment of an Academy. If— the reference in sub-paragraph (1) to the authority is to be read as a reference to the adjudicator. Sub-paragraph (2) has effect in relation to a decision of an adjudicator under paragraph 8 as it has effect in relation to a decision of the relevant authority under that paragraph. Approval under paragraph 8 by the relevant authority or the adjudicator of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, an agreement under section 482 of EA 1996.
This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a community school, a community special school or a maintained nursery school or to a proposed such school. The proposals must be implemented by the relevant authority.
This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a foundation special school or a proposed foundation special school. Where the proposals were made by the relevant authority, they must be implemented by the authority. Proposals made by proposers (including, in particular, proposals so far as relating to the provision of the site for a proposed school) must be implemented by the relevant authority and by the proposers, respectively, to such extent as the proposals provide for each of them to do so.
This paragraph applies where any proposers are required by virtue of paragraph 25(2) to implement proposals involving the establishment of a new voluntary aided school. Paragraph 5 of Schedule 3 to SSFA 1998 applies in relation to the new school as it applies in relation to an existing voluntary aided school. In the application of that paragraph in relation to a new voluntary aided school—
“the existing Chief Inspector” means Her Majesty's Chief Inspector of Schools in England, and
“maintain”, in relation to a maintained school, has the same meaning as in SSFA 1998;
For the purposes of this Part, a foundation or voluntary school has a religious character if it is designated by order under section 69(3) of SSFA 1998 as a school having such a character.
After section 23 of SSFA 1998 insert—
In relation to any time before the commencement of section 1A(1) of the Charities Act 1993 (c. 10) (which provides for the establishment of the Charity Commission for England and Wales as a body corporate), any reference in section 23B of SSFA 1998 (as inserted by subsection (1) of this section) to the Charity Commission for England and Wales is to be read as a reference to the Charity Commissioners for England and Wales.
After section 23 of EA 2002 insert—
Part 2 of Schedule 3 to SSFA 1998 (funding of voluntary aided schools) is amended as follows.
In paragraph 3, as it applies in relation to England, omit sub-paragraph (3) (the definition of “capital expenditure” for the purposes of the Schedule).
After paragraph 9 insert—
Schedule 4 contains amendments of— and amendments which are consequential to those amendments.
Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary or foundation special schools and disposals on discontinuance), and
section 77 of that Act (control of disposals or changes of use of school playing fields in relation to England),
In section 58 of SSFA 1998 (appointment and dismissal of certain teachers at schools with a religious character), omit subsection (4) (which prevents the head teacher of a foundation or voluntary controlled school being a reserved teacher).
In section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character)—
in subsection (4), after “(whether foundation or voluntary controlled)” insert “ in a case where the head teacher is not to be a reserved teacher ”, and
in subsection (6), after “voluntary aided school” insert “ in Wales ”.
In section 21 of EA 2002 (general responsibility for conduct of school) after subsection (4) insert—
In section 28 of that Act (limit on power to provide community facilities etc.), after subsection (4) insert—
No admission arrangements for a community, foundation or voluntary school may make provision for selection by ability unless—
they make provision for one of the permitted forms of such selection mentioned in section 99(2) of SSFA 1998, or
the school is a grammar school.
For the purposes of subsection (1) a school's admission arrangements make provision for selection by ability if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability.
In this section—
“EA 2002” means the Education Act 2002 (c. 32);
Section 138 of SSFA 1998 (orders and regulations) is amended as follows. In subsection (1), after “the Secretary of State” insert “or the Assembly”. In subsection (3), after “regulations” insert “made by the Secretary of State”. In subsection (7), after “the Secretary of State” insert “or the Assembly”.
In section 99 of SSFA 1998—
omit subsection (1) (which is re-enacted as subsection (1) of this section), and
in subsection (2) after “are” insert “ for the purposes of section 39(1) of the Education and Inspections Act 2006 ”.
Section 84 of SSFA 1998 (code of practice) is amended in accordance with subsections (2) to (7).
In subsection (1)—
for “a code of practice containing such practical guidance” substitute “ a code for school admissions containing such provision ”, and
after paragraph (b) insert—.
In subsection (2), for the words from “include” to “other matters” substitute “ impose requirements, and may include guidelines setting out aims, objectives and other matters, ”.
In subsection (3), for “to have regard to” substitute “ to act in accordance with ”.
In subsection (5), omit “of practice” (in each place where it occurs).
“admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;
In the heading, and in the italic cross-heading immediately before section 84, for “of practice” substitute “ for school admissions ”.
In section 85 of SSFA 1998 (making and approval of code of practice)—
in subsection (1) omit “of practice”, and
for the heading substitute “ Making and approval of code for school admissions ”.
In relation to a code for school admissions issued under section 84(1) of SSFA 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.
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omit the “and” at the end of paragraph (a), and
at the end of paragraph (b) insert, and
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omit the “and” at the end of paragraph (b), and
after that paragraph insert—.
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In section 89 (procedure for determining admission arrangements) for subsection (10) substitute—
In section 90 (reference of objections to adjudicator or Secretary of State)—
in subsection (1) for paragraph (b) substitute—, and
after subsection (10) insert—
In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—
In section 88 of SSFA 1998 (admission authorities and admission arrangements), after subsection (1) insert—
In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a local authority and the governing body of a maintained school” substitute “ the admission authority for a maintained school ”.
In section 89C of SSFA 1998 (co-ordinated schemes for admission arrangements)—
in subsection (3) for “by virtue of this section” substitute “ by virtue of section 89B ”, and
after subsection (3) insert—
In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal arrangements) in paragraph (b) for the words from the beginning to “the authority” substitute “ in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority ”.
After section 88 of SSFA 1998 insert—
In section 89 of SSFA 1998 (procedure for determining admission arrangements) in subsection (2)—
omit the “and” at the end of paragraph (c), and
after paragraph (d) insertand
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In section 89 of SSFA 1998 (procedure for determining admission arrangements) after subsection (1) insert—
After section 89C of SSFA 1998 insert—
After section 90 of SSFA 1998 insert—
Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of State) is amended as follows.
After subsection (5) insert—
Subsections (6) and (7) are omitted.
For subsection (8) substitute—
In subsection (9)—
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in paragraph (c) for “any matters required to be published under subsection (7) are” substitute “ a report required to be published under subsection (5B) is ”.
Omit subsection (10) (which has the effect of requiring certain cases to be referred by the adjudicator to the Secretary of State).
In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—
After that section insert—
In section 97 of SSFA 1998 (procedure for giving directions under section 96)—
in subsection (2)(b)—
for “the Secretary of State” (in both places where it occurs) substitute “ the appropriate authority ”, and
for “his determination” substitute “ its determination ”,
in subsection (3), for “the Secretary of State” substitute “ the appropriate authority ”,
in subsection (4)—
for “the Secretary of State” substitute “ the appropriate authority ”,
for “if he does so” substitute “ if it does so ”, and
in paragraph (a)(ii) for “the Secretary of State's” substitute “ the appropriate authority's ”,
in subsection (5) for “The Secretary of State” substitute “ The appropriate authority ”, and
after subsection (6) insert—
After section 97 of SSFA 1998 insert—
In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—
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child looked after by a local authority (in Chapter 1 of Part 3) section 84(7).
In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “ or 97A ”.
In section 96 of SSFA 1998 (direction to admit child to specified school)—
in subsection (3) for “the Secretary of State” substitute “ the appropriate authority (within the meaning of section 97) ”, and
in subsection (8) for “section 97” substitute “ sections 97 to 97C ”.
After section 97B of SSFA 1998 (inserted by section 50) insert—
After section 97C of SSFA 1998 (inserted by section 51) insert—
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after “maintained schools” insert “in England”, and
after “a local authority” insert “in England”.
Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.
In subsection (1) for the words from “so long as” to the end of the subsection substituteso long as—
After subsection (1) insert—
In section 101 of SSFA 1998 (permitted selection: pupil banding)—
in subsection (1)—
for “subsections (2) to (4)” substitute “ subsections (2) and (2A) ”, and
after “a maintained school” insert “ in England or Wales ”,
after subsection (1) insert—,
in subsection (2) for “Subsection (1)” substitute “ Subsection (1) or (1A) ”,
after subsection (2) insert—,
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in subsection (4), for the words from the beginning to “any school” substitute “ In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised ”, and
in subsection (5), for “subsection (1)” substitute “ subsection (1) or (1A) ”.
In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “ section 101(1) or (1A) ”.
In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—
in subsection (2) for “constitutes a prescribed alteration for the purposes of section 28” substituteconstitutes— , and
in subsection (3) —
for “section 101(1)” substitute “ section 101(1) or (1A) ”, and
for “the objectives mentioned in section 101(1)(a) and (b)” substitute “ the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b) ”.
Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.
For subsection (1) substitute—
In subsection (2), for “subsection (1)” substitute “ subsections (1) to (1B) ”.
In subsection (3), after “subsection (1)” insert “ or (1A) ”.
In subsection (5), after “voluntary school” insert “ and is not a sixth-form pupil ”.
After subsection (5) insert—
In subsection (6), after “subsection (5)” insert “ or (5A) ”.
For subsection (7) substitute—
After subsection (7) insert—
In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—
In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after “tuition in” insert “ singing or in ”.
Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing of maintained schools).
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Section 127 of SSFA 1998 (code of practice for securing effective relationships between LEAs and maintained schools) is amended as follows.
In subsection (1)—
for “Secretary of State” substitute “Assembly”,
for “he” substitute “it”,
after “local education authorities” insert “in Wales”, and
for paragraph (b) substitute—
In subsection (2), after “maintained nursery school” insert “in Wales”.
For subsection (3) substitute—
In subsection (4), for “Secretary of State” substitute “Assembly”.
Omit subsections (5) and (6).
In the heading, and in the italic heading immediately above it, after “maintained schools” insert “in Wales”.
In this Part “maintained school” means any of the following schools in England—
a community, foundation or voluntary school,
a community or foundation special school, or
a maintained nursery school.
In this Part, references to a school being “eligible for intervention” are to be read in accordance with— section 60 (performance standards and safety warning notice), section 60A (teachers' pay and conditions warning notice), section 60B (coasting schools), section 61 (school requiring significant improvement), and section 62 (school requiring special measures).
A maintained school is by virtue of this section eligible for intervention if—
a relevant authority have given the governing body a warning notice in accordance with subsection (2),
the period for compliance specified in the notice (“the compliance period”) has expired,
the governing body have failed to comply, or secure compliance, with the notice to the relevant authority's satisfaction by the end of the compliance period, and
the relevant authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 63 to 69 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).
the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under any one or more of sections 63 to 66 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).
A relevant authority may give a warning notice to the governing body of a maintained school where the authority are satisfied—
that the standards of performance of pupils at the school are unacceptably low, and are likely to remain so unless the authority exercise their powers under this Part, or
that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or
that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).
For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—
the standards that the pupils might in all the circumstances reasonably be expected to attain,
where relevant, the standards previously attained by them, or
the standards attained by pupils at comparable schools.
For the purposes of this section a “warning notice” is a notice in writing by the relevant authority setting out—
the matters on which the conclusion mentioned in subsection (2) is based,
the action which they require the governing body to take in order to remedy those matters,
the compliance period for the purposes of subsection (1)(c), and
the action which the relevant authority are minded to take (under one or more of sections 63 to 69 or otherwise) if the governing body fail to take the required action.
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If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.
The relevant authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
the Chief Inspector,
the head teacher of the school,
in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
in the case of a foundation or voluntary school, the person who appoints the foundation governors.
If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.
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If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.
In this section “relevant authority” means—
“discontinue”, in relation to a maintained school, is to be read in accordance with section 15(8);
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All proposals under section ... 10 or 11 require consideration under paragraph 8.
The relevant authority must refer to the adjudicator, within a prescribed time— A foundation falls within this sub-paragraph if it is to be established otherwise than under SSFA 1998 and any of the following applies— Regulations may make provision for the making by the relevant authority to the adjudicator of objections to any proposals which are required to be referred to the adjudicator under this paragraph.
If by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(3) or (4), they must within a prescribed time refer to the adjudicator— together with any comments made on the proposals by the authority.
in the case mentioned in paragraph 8(3), all the proposals published under section 7, and
in the case mentioned in paragraph 8(4), the proposals concerned,
Nothing in paragraph 8(1) to (4) prevents the proposers by whom any proposals have been made from withdrawing those proposals by notice in writing— at any time before the proposals are determined under paragraph 8 by the authority or by the adjudicator. Nothing in paragraph 8(1) to (4) prevents the relevant authority from withdrawing any proposals made by the authority themselves by notice in writing to the adjudicator at any time before the proposals are determined under paragraph 8 by the adjudicator.
Where any proposals have been made under section 15 by the relevant authority and paragraph 7 does not require the proposals to be considered under paragraph 8, the authority must (subject to the following provisions of this paragraph) determine whether the proposals should be implemented. Any determination under sub-paragraph (1) must be made within a prescribed period. The requirement to make a determination under sub-paragraph (1) only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined by the Secretary of State but have not yet been determined by him. The requirement to make a determination under sub-paragraph (1) does not apply where the proposals appear to the relevant authority to be related to— In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State. Where, in the case of any proposals falling within sub-paragraph (1)— the proposals require consideration under paragraph 8 and, in a case falling within paragraph (a), must be referred to the adjudicator.
Where, by virtue of paragraph 21(3), paragraph 21(1) ceases to apply to any proposals, those proposals are to be treated for the purposes of this Schedule as if they had been rejected under paragraph 8. Where— paragraph 21(1) ceases to apply to the proposals. Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the relevant authority under paragraph 8 and not referred to the adjudicator, those proposals must be considered afresh by the authority under that paragraph. Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the adjudicator under paragraph 8, those proposals must be considered afresh by him under that paragraph (and paragraph 17 applies accordingly).
This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a voluntary aided school or a proposed voluntary aided school. The proposals must be implemented— In sub-paragraph (2) “relevant premises” means— Nothing in sub-paragraph (2) requires the relevant authority to provide any playing fields where—
A local education authority may give to persons required by virtue of paragraph 25(2) to implement proposals involving the establishment of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.
In this Schedule “public authority”— Subject to paragraph 8(3), references in this Schedule to a public authority do not include a public authority outside the United Kingdom.
If— the Chief Inspector must, subject to sub-paragraph (5), give a notice to that authority requiring it not to carry out the proposed inspection, or not to carry it out in that manner. In sub-paragraph (1)(a) “specified institution” means a person or body specified by order made by the Secretary of State. A person or body may be specified under sub-paragraph (2) only if the person or body— A person or body may be specified under sub-paragraph (2) in relation to particular functions that it has. In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified. The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph. Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice. This is subject to sub-paragraph (7). The Secretary of State, if satisfied that the proposed inspection— may give consent to the inspection being carried out, or being carried out in that manner. The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—
The Chief Inspector may, if he thinks it appropriate to do so, provide advice or assistance to another public authority for the purpose of the exercise by that authority of its functions. Advice or assistance under this paragraph may be provided on such terms as the Chief Inspector thinks fit. In this paragraph the reference to another public authority includes a public authority in the Channel Islands or the Isle of Man.
In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc. referred to in section 1)—
omit the entry relating to the Adult Learning Inspectorate, and
for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership) is amended as follows. The Office for Standards in Education, Children’s Services and Skills. In Part 3 (other disqualifying offices) omit the entry relating to Her Majesty’s Chief Inspector of Schools in England.
The Children Act 1989 has effect subject to the following amendments.
The Education Act 1997 has effect subject to the following amendments.
SSFA 1998 has effect subject to the following amendments.
The Care Standards Act 2000 has effect subject to the following amendments.
Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows. In Part 1— In Part 6 omit the entry relating to the Adult Learning Inspectorate.
The Courts Act 2003 has effect subject to the following amendments.
A staff transfer scheme, a property transfer scheme or a scheme made under paragraph 4 may contain supplementary, incidental, transitional and consequential provision.
The first annual report made by the new Chief Inspector under section 121 is to be a report in respect of the year beginning with the day after the end of the last year for which the existing Chief Inspector made a report under section 3 of EA 2005. That report is to include a report on the exercise by the existing Chief Inspector of his functions during any period—
In section 63 of EA 2002 (power to require LEA to obtain advisory services) in subsection (4) (which defines “school” for the purposes of that section), for “Chapter 2” substitute “Chapter 4”.
Proposals under section 15 require consideration under paragraph 8 unless sub-paragraph (2) applies. Proposals under section 15 fall to be dealt with under paragraph 19 (and do not require consideration under paragraph 8) if the proposals were made by the relevant authority and either—
Omit section 26ZA (representations: further consideration).
In section 26(2) (supplementary provisions relating to discharge by Authority of their functions) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
In section 139(2)(b) (payments into Consolidated Fund) omit “Her Majesty’s Chief Inspector of Schools in England, or”.
In section 5(1) (registration authorities) for paragraph (a)(ii) substitute—.
In section 58 (inspectors of court administration etc.) omit subsection (6).
In section 26A(2A) (advocacy services) omit “26ZA or”.
Section 38 (inspection of LEAs) is amended as follows. Omit subsection (2) (inspection of LEAs in England). In subsection (5) (persons conducting inspections)— In subsection (7) (definitions)—
Schedule 26 (inspection of nursery education) is amended as follows. In paragraph 2(1)(a) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”. In paragraph 13A omit sub-paragraph (4). In paragraph 14 omit sub-paragraph (1).
Section 8 (general functions of the Assembly) is amended as follows. For subsection (3) substitute— In the subsection (6) inserted by section 109 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) for paragraph (b) substitute— The subsection (6) inserted by paragraph 18(3) of Schedule 9 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) is renumbered as subsection (7).
Section 59 (functions of inspectors) is amended as follows. In subsection (1) for paragraphs (b) and (c) substitute— In subsection (4) for the words from “subsection (1)(c)(i)” to “subsection (1)(c)(ii),” substitute “subsection (1)(b),”.
In section 65(6)(a) (persons disqualified from carrying on, or being employed in, children’s homes) for “the Commission for Social Care Inspection” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
In section 39(4) (reports of inspections under s. 38 etc.)—
omit the words from “section 11(2)” to “Wales,”,
for “that Act” substitute “the Education Act 2005”, and
omit “section 11(2) or, as the case may be,”.
In section 10(6) (inquiries relating to exercise of functions by Assembly) for paragraph (b) substitute—
In section 60 (functions of Chief Inspector) for subsection (4) substitute—
In section 79B(1) (other definitions etc.) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Omit section 41 (inspections involving collaboration of Audit Commission).
In section 11(4) (keeping of registers) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
In section 61 (rights of entry and inspection) for subsections (1) and (2) substitute—
In section 79N (general functions of Chief Inspector) omit subsections (1) to (3) and (6).
In Schedule 4 (the Qualifications and Curriculum Authority), in paragraph 15(1)(d) and (2) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
In section 12(2) (applications for registration) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
In section 79R (reports of inspections) omit subsection (4).
In section 15(3)(a) (fees for applications by registered persons) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
Section 87 (welfare of children in boarding schools and colleges) is amended as follows. In subsection (4)— In subsection (4A), after “school or college” insert “in Wales”. In subsections (9A) to (9C)— In subsection (10)—
In section 16(3)(a) (annual fee payable by persons registered under Part 2) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
In Schedule 2 (local authority support for children and families) in paragraph 20(1)(a) for “and the Commission for Social Care Inspection” substitute “and (in the case of a local authority in England) Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
In section 22(7)(i)(i) (fees in respect of notifications) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
In section 29(1)(a) (proceedings for offences) for “or the CSCI” (in the first place) substitute “, the CSCI or the CIECSS”.
In section 31(7) (requirement to arrange for inspection of premises) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
In section 36A (voluntary adoption agencies: distribution of functions) for “the CSCI” (in each place) substitute “the CIECSS”.
In section 42(5) (power to extend application of Part 2) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
Omit section 45(4) (inspection of premises used in discharge of adoption and fostering functions).
In section 55(3)(e) (persons who may be treated as social care workers)—
after “the CSCI” insert “, the Office for Standards in Education, Children’s Services and Skills”,
for “or section 88” substitute “, section 88”, and
after “Act 2003” insert “or section 139 of the Education and Inspections Act 2006”.
Section 113A (fees payable under Part 2) is amended as follows. In subsection (1)— For subsection (3) substitute— In subsection (5) for “or the CSCI” substitute “, the CSCI or the CIECSS”. In subsection (6)—
the CIECSS Section 5.
the local authority, or
the Secretary of State.
If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.
A maintained school is by virtue of this section eligible for intervention if—
following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(b) of that Act (school requiring significant improvement), and
where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the notice has not been superseded by—
the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or
the Chief Inspector giving the Secretary of State a notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures).
A maintained school is by virtue of this section eligible for intervention if—
the local authority have given the governing body a warning notice in accordance with subsection (2),
the period for compliance specified in the notice (“the compliance period”) has expired,
the governing body have failed to comply, or secure compliance, with the notice to the local authority's satisfaction by the end of the compliance period, and
the local authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 64 to 66.
A local authority may give a warning notice to the governing body of a maintained school where the authority are satisfied that—
the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or
the governing body have failed to secure that the head teacher of the school complies with such a provision.
In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.
For the purposes of this section a “warning notice” is a notice in writing by the local authority setting out—
the matters on which the conclusion mentioned in subsection (2) is based,
the action which they require the governing body to take in order to remedy those matters,
the compliance period for the purposes of subsection (1)(c), and
the action which the local authority are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The local authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
the Secretary of State,
the head teacher of the school,
in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
in the case of a foundation or voluntary school, the person who appoints the foundation governors.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A maintained school is by virtue of this section eligible for intervention if—
following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures), and
where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.
A maintained school is by virtue of this section eligible for intervention if—
the school is coasting, and
the Secretary of State has notified the governing body that it is coasting.
The Secretary of State may by regulations provide that this section does not apply in relation to a school of a description specified in the regulations.
The Secretary of State must by regulations define what “coasting” means in relation to a school to which this section applies.
If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the local authority may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—
to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,
to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,
to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or
to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.
Before exercising the power conferred by subsection (1), the local authority must consult—
the governing body of the school,
in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).
A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.
If at any time a maintained school is eligible for intervention, then (subject to subsection (2)) the local authority may appoint such number of additional governors as they think fit.
Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b) or as the case may be section 60A(1)(b)).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to any appointment made by the local authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the local authority to appoint such number of additional governors as they think fit.
If at any time— the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.
a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), and
the local authority have exercised their power to appoint additional governors under subsection (1),and
the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,
Any additional foundation governors appointed under subsection (4)—
shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and
shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.
If at any time— the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.
a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),
the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),
the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and
the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,
In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (4) or (6) (as the case may be).
Subject to subsection (9), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—
to the appropriate diocesan authority, if it is a Church of England school or a Roman Catholic Church school; or
in any other case, to the person or persons by whom the foundation governors are appointed.
Where, in the case of any voluntary aided school not falling within subsection (8)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—
to all those persons who have any such power acting jointly, or
if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.
If at any time a maintained school is eligible for intervention, the local authority may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).
Before exercising the power conferred by subsection (1), the local authority must consult—
the governing body of the school,
in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
If at any time— then (subject to subsection (2)) the local authority may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body's right to a delegated budget with effect from the receipt of the notice by the governing body.
a maintained school is eligible for intervention, and
the school has a delegated budget within the meaning of Part 2 of SSFA 1998,
Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b) or as the case may be section 60A(1)(b)).
A copy of a notice given under subsection (1) must be given to the head teacher of the school at the same time as the notice is given to the governing body.
A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.
If at any time a maintained school is eligible for intervention ..., the Secretary of State may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.
section 61 (school requiring significant improvement), or
section 62 (school requiring special measures),
Before making any such appointment, the Secretary of State must consult—
the local authority,
the governing body of the school,
in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
A governor appointed under this section— as the Secretary of State may determine.
shall hold office as governor for such term, and
if nominated as chairman of the governing body, shall be chairman of that body for such period,
The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.
In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.
Where the Secretary of State has exercised his power under this section in relation to a school, then—
in any such case—
the local authority may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body's right to a delegated budget, and
if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and
in the case of a voluntary aided school, nothing in regulations under section 19 of EA 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.
The revocation of a suspension under subsection (6)(a)—
must be notified to the local authority in writing, and
takes effect from such date as is specified in that notification.
If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the Secretary of State may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—
to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,
to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,
to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or
to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.
Before exercising the power conferred by subsection (1), the Secretary of State must consult—
the governing body of the school,
in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).
A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.
If at any time a maintained school is eligible for intervention other than by virtue of section 60A, the Secretary of State may give a direction to the local authority requiring the school to be discontinued on a date specified in the direction.
Before giving a direction under subsection (1), the Secretary of State must consult—
the local authority and the governing body of the school,
in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,
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such other persons as the Secretary of State considers appropriate.
On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.
Where the local authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.
In this section any reference to the discontinuance of a maintained school is a reference to the local authority ceasing to maintain it.
If at any time a maintained school is eligible for intervention ... ,the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).
section 61 (school requiring significant improvement), or
section 62 (school requiring special measures),
Before exercising the power conferred by subsection (1), the Secretary of State must consult—
the local authority,
the governing body of the school,
in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
The Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the local authority have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.
Subsection (2) does not apply if an Academy order has effect in respect of the school.
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This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
The condition is that there are reasonable grounds for a local authority to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).
The condition is that one of the following applies—
the authority have not given a warning notice to the governing body under section 60A on those grounds;
the authority have done so, but in inadequate terms;
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the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section 60A(1)(b)) has ended.
The Secretary of State may direct the local authority to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.
If the Secretary of State gives a direction under subsection (4) to a local authority in respect of a governing body, the authority must—
give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,
when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and
give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.
The local authority's response to the direction must do one of the following—
state that the authority have decided to give a warning notice to the governing body in the specified terms;
state that the authority have decided not to give a warning notice to the governing body in those terms.
If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and
on the same day as they do so, give the Secretary of State a copy of the notice.
If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—
the response must set out the authority's reasons for the decision, and
the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).
If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—
comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and
on the same day as they do so, give the Secretary of State a copy of the notice.
Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).
A direction under this section must be in writing.
Schedule 6 has effect in relation to any school in respect of which a notice has been given—
under section 65(1) by the local authority, or
under section 69(1) by the Secretary of State.
Schedule 7 contains amendments related to the provisions of this Part.
A local authority must notify the Secretary of State before exercising a power under section 63, 64 or 66 in relation to a maintained school.
The Secretary of State must notify the local authority before exercising a power under any of sections 66A to 69 in relation to a maintained school.
This section applies where a local authority are notified that the Secretary of State intends to exercise a power under any of sections 66A to 69 in relation to a maintained school.
The local authority may not use any of their powers under section 63, 64 or 66 in relation to the school unless or until the Secretary of State notifies them that they may.
This section applies where a local authority have given the governing body of a maintained school a notice under section 65 (governing body to consist of interim executive members).
The Secretary of State may take over responsibility for arrangements in connection with the interim executive members by giving notice to the local authority and, where the Secretary of State does so—
the notice given by the local authority in accordance with section 65 is to be treated as having been given by the Secretary of State in accordance with section 69, and
anything done by or in relation to the local authority under Schedule 6 is to be treated as having been done by or in relation to the Secretary of State.
A local authority must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.
In this Part—
“Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“governing body”, in relation to a school which is not a maintained school, means the proprietor of the school;
“member of the staff”, in relation to a school, means—
The Audit Commission Act 1998 has effect subject to the following amendments.
In section 33(6) (consultation before studies for improving economy etc. in services) after paragraph (ca) insert—.
In section 34(6) (consultation before studies as to impact of statutory provisions etc.) after paragraph (b) insert—.
Section 37 (assistance to CHAI and CSCI) is amended as follows. After subsection (2) add—
In section 49(1) (restriction on disclosure of information) after paragraph (c) insert—.
In Schedule 1 (the Audit Commission) omit paragraph 8(2)(e).
“Church of England school” and “Roman Catholic Church school” have the same meaning as in SSFA 1998;
This paragraph applies where a local education authority are required— The authority must transfer their interest in the site and in any buildings on the site which are to form part of the school’s premises— If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it must be made to such persons as the adjudicator thinks proper. The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer. Where— those persons must notify the local education authority that paragraph (b) applies to them; and they or their successors must pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the adjudicator. In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to— and for the purposes of any agreed determination under sub-paragraph (5) regard must be had to any guidance given from time to time by the Secretary of State. Any sum paid under sub-paragraph (5) is to be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school. A determination may be made under sub-paragraph (5) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (c. 15) (right of reverter replaced by trust for sale) if, and only if— Sub-paragraph (5) is to apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to SSFA 1998 to that sum. In this paragraph—
Where assistance under paragraph 30 consists of the provision of any premises for use for the purposes of a school, the local education authority must transfer their interest in the premises— If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it must be made to such persons as the adjudicator thinks proper. The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer. In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.
Section 58 of the Further and Higher Education Act 1992 (reorganisation of schools involving establishment of further education corporation) is amended as follows. In subsection (3), for paragraph (b) substitute—. After that subsection insert—
Omit sections 64 to 67 of EA 2005 (which relate to school organisation in England).
In section 455(1) of EA 1996 (permitted charges), in paragraph (c), for “509(2)” substitute “508B(1), 508F(3) or 509(2), or section 508E(2)(d) and paragraph 5(2) of Schedule 35C,”.
The Secretary of State may make a scheme (a “staff transfer scheme”) providing— A staff transfer scheme may provide for a period before a person became a member of the staff of the Office to count as a period during which he was a member of its staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period). A staff transfer scheme may provide for an employee of the ALI or the CSCI who would otherwise become a member of the staff of the Office not to become such a member of staff if he gives notice objecting to the operation of the scheme in relation to him. A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated. A staff transfer scheme may provide for— not to apply in relation to service as a member of the staff of the Office by a person who becomes a member of its staff pursuant to the scheme.
Section 68 of EA 2005 (proposals for establishment of federated school) is amended as follows. At the end of the heading insert “in Wales”. In subsection (1)—
Section 509 of EA 1996 (provision of transport etc) is amended as follows. In subsection (1)— In subsection (1A)— In subsection (1B)— In subsection (3), after “authority” insert “in Wales”. In subsection (5), in paragraph (c), for “section 13” substitute “section 41”. In the heading, for “Provision” substitute “LEAs in Wales: provision”.
In section 69 of EA 2005 (LEA not to establish school on opposite side of Welsh border), omit paragraph (a).
In section 509AB of EA 1996 (further provision about transport policy statements)—
after subsection (3) insert—, and
in subsection (4)—
for “those purposes” substitute “the purposes mentioned in subsections (2) and (3) of section 509AA”, and
after “authority” insert “in Wales”.
Omit section 73 of EA 2005 (interpretation of Part 2).
Omit Schedules 10 and 11 to EA 2005 (which relate to school organisation in England).
The Chief Inspector may delegate any of his inspection functions (to such extent as he may determine) to another public authority. If the carrying out of an inspection is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of any enactment as carried out by the Chief Inspector.
The Chief Inspector must co-operate with— where it is appropriate to do so for the efficient and effective exercise of his functions.
the inspection authorities, and
any other public authority specified by order made by the Secretary of State,
The Chief Inspector may make arrangements with a public authority for the carrying out by him— of inspections of any institution or matter which he is not required or authorised to carry out by virtue of any other enactment. The Chief Inspector may make arrangements with a public authority or the relevant overseas authority for the carrying out by him outside the United Kingdom of inspections of any institution or matter. “The relevant overseas authority” means the authority in the jurisdiction concerned that is responsible for the institution or other matter. Inspections under this paragraph may be carried out on such terms as the Chief Inspector thinks fit.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
omit the entries relating to the Adult Learning Inspectorate and the Office of Her Majesty’s Chief Inspector of Schools in England, and
Office for Standards in Education, Children’s Services and Skills.
Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) is amended as follows. The Office for Standards in Education, Children’s Services and Skills. In Part 3 (other disqualifying offices) omit the entries relating to any member of the Adult Learning Inspectorate and to Her Majesty’s Chief Inspector of Schools in England.
In section 226(2)(b) (services for schools in other member States providing education for British children) for “by, or under the direction of, one or more of Her Majesty’s Inspectors of Schools for England” substitute “by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Section 18B (inspection of teacher training) is amended as follows. In subsection (1) for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”. For subsection (2) substitute— In subsection (3) omit paragraph (a). In subsection (4) omit the words from “and subsections (2) to (4)” onwards. In subsection (10) for “paragraph 5(1) or (2) of Schedule 1 to the 2005 Act” substitute “paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006”. In subsection (11) for the words from “sections” onwards substitute “paragraph 9(1) of that Schedule.”
In section 31(6) of the Data Protection Act 1998 (personal data exempt from subject information provisions) omit “, 26ZA”.
In section 25(2) of the Local Government Act 1999 (coordination of inspections, &c) for paragraph (c) substitute—.
In section 99 of the Adoption and Children Act 2002 (proceedings for offences) for “the Commission for Social Care Inspection” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
The Children Act 2004 has effect subject to the following amendments.
Section 20 (joint area reviews) is amended as follows. In subsection (4) omit paragraphs (b) and (c). In subsection (7)—
In section 23 (sections 20 to 22: interpretation) for subsection (5) substitute—
“maintained school” has the meaning given by section 59(1).
For section 85 of EA 2002 (curriculum requirements for fourth key stage) substitute—
In section 86 of EA 2002 (power to alter or remove requirements for fourth key stage)—
in paragraph (a), for “section 85,” substitute “ sections 85 and 85A, ”,
in paragraph (b), for “that section is” substitute “ those sections are ”, and
renumber the section as so amended as subsection (1) of the section and at the end insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Until the commencement of subsection (1), section 85 of EA 2002 has effect with the following modifications—
in subsection (1) after “other foundation subjects” insert “ , the entitlement conferred by subsection (3A) ”, and
after subsection (3) insert—
Any order made (by virtue of subsection (4) of this section) under section 85(3A) of EA 2002 before the commencement of subsection (1) of this section is to have effect from that commencement as if made under subsection (5) of section 85 (as substituted by subsection (1)).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 3 of the Learning and Skills Act 2000 (c. 21) insert—
In section 13 of that Act (persons with learning disabilities), in subsection (1) after “3,” insert “3D,”.
After section 508 of EA 1996 insert—
After section 508A of EA 1996 (inserted by section 76 above) insert—
Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.
After section 508D of EA 1996 (inserted by section 77 above) insert—
Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.
The school travel scheme provisions are to be piloted in accordance with regulations made by the Secretary of State.
Regulations under subsection (1) may, in particular, provide for there to be a limit on the number of school travel schemes which may be in force while the school travel scheme provisions are being piloted.
In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.
The Secretary of State must prepare and publish, before 1st January 2012, an evaluation of the operation and effect of school travel schemes approved under Schedule 35C to EA 1996.
The Secretary of State may by order provide for the school travel scheme provisions to cease to have effect ... from such date as may be specified in the order.
The earliest date which may be specified under subsection (2) is 1st August 2012.
The latest date which may be specified under subsection (2) is 1st August 2015.
Power to make an order under this section includes power to make consequential amendments and repeals in any enactment, including this Act and enactments passed or made after the passing of this Act.
In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) is amended as follows.
After subsection (3) insert—
In subsection (5) for “subsection (4)” substitute “ subsections (3D) and (4) ”.
In subsection (6) for “subsection (4)” substitute “ subsections (3B), (3D) and (4) ”.
The amendments made by this section do not apply in relation to any failure of a child to attend at a school or other place in relation to which section 444 of EA 1996 applies which occurs on a day before this section comes into force.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (9)—
for “Secretary of State” substitute “appropriate authority”, and
for “he” substitute “it”,
after subsection (9) insert—, and
in subsection (10), after “Secretary of State” insert “(in relation to local education authorities in England) or the National Assembly for Wales (in relation to local education authorities in Wales)”.
In section 509AB of EA 1996 (further provision about transport policy statements)—
in subsection (5), for the words from “by the Secretary” to the end substituteunder this section— ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (6), after “subsection (5)” insert “in relation to its application in the case of local education authorities in England”, and
after subsection (6) insert—
In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary functions of Learning and Skills Council for England), after subsection (5) insert—
After section 509AC of EA 1996 insert—
Schedule 10 contains further amendments relating to travel to schools and other places where education or training is received.
For section 114 of SSFA 1998 (nutritional standards for school lunches) and the cross-heading preceding it substitute—
In section 512(4) of EA 1996 ( local authority functions concerning provision of meals), for “section 114(2) of the School Standards and Framework Act 1998 (lunches provided by local authorities to meet nutritional standards)” substitute “ section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc) ”.
Any regulations made under section 114 of SSFA 1998 which have effect immediately before the commencement of this section have effect after that commencement as if made under section 114A of that Act (as substituted by subsection (1)).
In section 512ZA of EA 1996 (duty of local authority to charge for meals etc)—
in subsection (1), for “shall” substitute “ may ”,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the heading, for “Duty” substitute “ Power ”.
In section 533 of EA 1996 (duties of governing bodies with respect to provision of school meals etc)—
in subsection (3), for the words from “shall” to the end substitute “ may charge for anything so provided. ”,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the heading, for “Duties” substitute “ Functions ”.
The governing body of a relevant school must ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.
In particular, the governing body—
must make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under section 89(1), and
where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—
shall notify him of those measures or matters, and
may give him such guidance as they consider appropriate.
Before making or revising the statement required by subsection (2)(a) the governing body must consult (in such manner as appears to them to be appropriate)—
the head teacher,
such other persons who work at the school (whether or not for payment) as it appears to the governing body to be appropriate to consult,
parents of registered pupils at the school, and
registered pupils at the school.
In exercising their functions under subsection (2) the governing body must have regard to any guidance given from time to time—
in relation to England, by the Secretary of State, and
in relation to Wales, by the Assembly.
In this section and section 89—
The head teacher of a relevant school must determine measures to be taken with a view to—
promoting, among pupils, self-discipline and proper regard for authority,
encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils,
securing that the standard of behaviour of pupils is acceptable,
securing that pupils complete any tasks reasonably assigned to them in connection with their education, and
otherwise regulating the conduct of pupils.
The head teacher of a relevant school in England must in determining such measures—
act in accordance with the current statement made by the governing body under section 88(2)(a), and
have regard to any notification or guidance given to him under section 88(2)(b).
In relation to a relevant school in England, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by the governing body.
The head teacher of a relevant school in Wales must in determining such measures—
act in accordance with the current statement made by the governing body under section 88(2)(a),
have regard to any notification or guidance given to him under section 88(2)(b), and
require pupils at the school to comply with the travel behaviour code made by the Welsh Ministers under section 12 of the Learner Travel (Wales) Measure 2008.
The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 90).
The measures which the head teacher of a relevant school in England determines under subsection (1) may, to such extent as is reasonable, include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.
In relation to a relevant school in Wales, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by—
the governing body, or
the Welsh Ministers.
The measures determined by the head teacher under subsection (1) must be publicised by him in the form of a written document as follows—
he must make the measures generally known within the school and to parents of registered pupils at the school, and
he must in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons who work at the school (whether or not for payment).
In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.
The measures which the head teacher of a relevant school in Wales determines under subsection (1) may, to such extent as is reasonable and not required by subsection (2A)(c), include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.
If a notification or guidance given under section 88(2)(b) to the head teacher of a relevant school in England is inconsistent with guidance to which head teachers of relevant schools in England are required to have regard by section 550C of EA 1996 (guidance on use of mobile phones etc), the duty under subsection (2)(b) does not apply to the extent of the inconsistency.
In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by any school at which education is provided for him, where his conduct falls below the standard which could reasonably be expected of him (whether because he fails to follow a rule in force at any such school or an instruction given to him by a member of its staff or for any other reason).
In subsection (1), the reference to conduct, in relation to a pupil, includes—
conduct which occurs at a time when the pupil is not on the premises of a school and is not under the lawful control or charge of a member of the staff of a school, but only to the extent that it is reasonable for the school imposing the penalty to regulate the pupil's conduct at such a time, and
conduct which consists of a failure by the pupil to comply with a penalty previously imposed on him.
This section applies in relation to a disciplinary penalty imposed on a pupil by any school at which education is provided for him, other than a penalty which consists of exclusion.
The imposition of the disciplinary penalty is lawful if the following three conditions are satisfied.
The first condition is that the imposition of the penalty on the pupil—
is not in breach of any statutory requirement or prohibition, and
is reasonable in all the circumstances.
The second condition is that the decision to impose the penalty on the pupil was made—
by any paid member of the staff of the school, except in circumstances where the head teacher has determined that the member of staff is not permitted to impose the penalty on the pupil, or
by any other member of the staff of the school, in circumstances where the head teacher has authorised the member of the staff to impose the penalty on the pupil and it was reasonable for the head teacher to do so.
The third condition is that the decision to impose the penalty was made, and any action taken on behalf of the school to implement the decision was taken—
on the premises of the school, or
elsewhere at a time when the pupil was under the lawful control or charge of a member of staff of the school.
In determining for the purposes of subsection (3)(b) whether the imposition of the penalty is reasonable, the following matters must be taken into account—
whether the imposition of the penalty constitutes a proportionate punishment in the circumstances of the case, and
any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—
the pupil's age,
any special educational needs he may have,
any disability he may have, and
any religious requirements affecting him.
For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a disability for the purposes of the Equality Act 2010.
A determination or authorisation by the head teacher for the purpose of subsection (4)(a) or (b) may be made—
in relation to a particular member of staff or members of staff of a particular description;
in relation to a particular disciplinary penalty or disciplinary penalties of a particular description;
in relation to a particular pupil or pupils of a particular description or generally in relation to pupils.
Where the disciplinary penalty is detention outside school sessions, this section has effect subject to section 92.
Nothing in this section authorises anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.
This section is not to be construed as restricting what may lawfully be done apart from this section.
In this section, “paid member of the staff”, in relation to a school, means any member of the staff who works at the school for payment, whether under a contract of employment or a contract for services; and, for this purpose, it is immaterial whether the contract of employment or contract for services is made with the governing body or proprietor of the school or with any other person.
This section applies in relation to a disciplinary penalty which consists of the detention of a pupil outside school sessions.
In relation to a disciplinary penalty to which this section applies, subsection (2) of section 91 has effect as if it required the following additional conditions to be satisfied, as well as the conditions set out in subsections (3) to (5) of that section.
The additional conditions are—
that the pupil has not attained the age of 18,
that the head teacher of the school has previously determined, and has made generally known within the school and to parents of registered pupils at the school, that the detention of pupils outside school sessions is one of the measures that may be taken with a view to regulating the conduct of pupils,
that the detention is on a permitted day of detention, and
that , in relation to a pupil at a school in Wales, the pupil's parent has been given at least 24 hours' notice in writing that the detention is due to take place.
The additional conditions set out in subsection (3)(a), (c) and (d) do not apply in the case of a detention during a break between school sessions on the same day.
If arrangements have to be made for the pupil to travel to school for the purposes of the detention or to travel home after the detention, then in determining for the purposes of the condition in subsection (3) of section 91 whether the imposition of the detention is reasonable, subsection (6) of that section is to be read as if it also required the question whether suitable travelling arrangements can reasonably be made by his parent to be taken into account.
Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under subsection (3)(d) from being given to the parent by any effective method.
This section is not to be construed as restricting what may lawfully be done apart from this section.
In this section, “permitted day of detention”, in relation to a pupil, means any of the following days—
a school day, other than a day on which the pupil has leave to be absent, and for this purpose “leave” means leave granted by a person authorised to do so by the governing body or proprietor of the school;
a Saturday or Sunday during a school term, other than a Saturday or Sunday which falls during, or at a weekend immediately preceding or immediately following, a half-term break;
a day (whether or not during a school term) which is set aside wholly or mainly for the performance of duties by members of the staff of the school other than teaching, other than such a day which is excluded by regulations made—
in relation to England, by the Secretary of State, and
in relation to Wales, by the Assembly.
A person to whom this section applies may use such force as is reasonable in the circumstances for the purpose of preventing a pupil from doing (or continuing to do) any of the following, namely—
committing any offence,
causing personal injury to, or damage to the property of, any person (including the pupil himself), or
prejudicing the maintenance of good order and discipline at the school or among any pupils receiving education at the school, whether during a teaching session or otherwise.
This section applies to a person who is, in relation to a pupil, a member of the staff of any school at which education is provided for the pupil.
The power conferred by subsection (1) may be exercised only where—
the member of the staff and the pupil are on the premises of the school in question, or
they are elsewhere and the member of the staff has lawful control or charge of the pupil concerned.
Subsection (1) does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.
The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.
In this section, “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.
The governing body of a school in England must ensure that a procedure is in place for—
recording each significant incident in which a member of the staff uses force on a pupil for whom education is being provided at the school (a “use of force incident”); and
reporting each use of force incident (except those where the pupil is aged 20 or over or provision made under subsection (5) applies) to each parent of the pupil as soon as practicable after the incident.
The governing body must take all reasonable steps to ensure that the procedure is complied with.
The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident.
In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection.
A procedure under subsection (1) must include provision to the effect—
that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and
that if it appears to R that there is no parent of the pupil to whom R could report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority within whose area the pupil is ordinarily resident.
In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the pupil, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes.
In this section—
This section applies where, as a disciplinary penalty—
an item which a pupil has with him or in his possessions is seized, and
the item is retained for any period or is disposed of.
A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of— if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).
the seizure, retention or disposal (as the case may be), or
any damage or loss which arises in consequence of it,
Nothing in this section applies where an item is seized under section 550ZC or 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).
This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.
In this Chapter—
The following provisions (which are superseded by sections 88 to 93) cease to have effect—
sections 550A and 550B of EA 1996;
section 61 of SSFA 1998.
Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in cases of exclusion from school or truancy) is amended as follows.
After subsection (1) insert—
In subsection (6), after “subsection (1)” insert “ or (1A) ”.
In the heading to the section, and in the italic cross-heading immediately before the section, for “exclusion from” substitute “ misbehaviour at ”.
Section 20 of the Anti-social Behaviour Act 2003 (parenting orders in case of exclusion from school) is amended as follows.
In subsection (1), for “This section” substitute “ Subsection (2) ”.
In subsection (2), for “A local authority” substitute “ A relevant body ”.
After subsection (2) insert—
For subsection (3) substitute—
After subsection (8) insert—
In the heading, after “exclusion” insert “ or potential exclusion ”.
The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.
In section 21 (parenting orders: supplemental)—
in subsection (1)(a), after “subsection (1)” insert “ or (1A) ”,
after subsection (1) insert—,
omit subsection (4), and
in subsection (5), after “authorities,” insert “ governing bodies ”.
After section 22 insert—
In section 24 (interpretation)—
for “sections 19 to 21” substitute “ sections 19 to 22A ”, and
“governing body”, in relation to a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, means the proprietor of the school, as defined by section 579(1) of the 1996 Act;
Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.
The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.
The education must not be provided at the school unless it is provided there in pursuance of arrangements which—
are made jointly with the governing body of at least one other relevant school, and
make provision for the education of pupils excluded on disciplinary grounds from any of the schools that are parties to the arrangements.
In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.
In this section—
“the commencement date” means the day on which this Part comes into force, otherwise than merely for the purpose of enabling orders or regulations to be made;
any provision of subordinate legislation, including any such legislation made under, or after the passing of, this Act;
Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.
After subsection (3) insert—
For subsection (6) substitute—
Regulations may require the head teacher of a relevant school in prescribed cases to request any parent of a temporarily excluded pupil to attend an interview (“a reintegration interview”) at the school with the head teacher of the school or any other person authorised by the head teacher.
The purpose of a reintegration interview is to assist the reintegration of the pupil after the period of exclusion and to promote the improvement of his behaviour.
Regulations under this section may make provision about the time within which any reintegration interview must be held, the procedure for arranging the interview and the notification of any request to the parent.
In this section—
This section applies where—
a pupil of compulsory school age (“the excluded pupil”) is excluded on disciplinary grounds from a relevant school in England, whether for a fixed period or permanently, and
notice under section 104 has been given to a parent of the pupil.
The parent of the excluded pupil must ensure that the pupil is not present in a public place at any time during school hours on a day which—
is one of the first five school days to which the exclusion mentioned in subsection (1)(a) relates or, where that exclusion is for a fixed period of five days or less, any of the days to which the exclusion relates, and
is stated in the notice under section 104 to be a day on which the parent is subject to this subsection.
If the excluded pupil is present in a public place at any time during school hours on a school day falling within subsection (2), the parent commits an offence.
It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable justification for his failure to comply with the duty imposed by subsection (2).
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Proceedings for an offence under subsection (3) may not be instituted except by a local authority.
Where the excluded pupil is excluded during the course of a school day but before the beginning of any afternoon session on that day, that day is to be treated for the purposes of subsection (2)(a) as the first day to which the exclusion relates.
In this section—
“enactment” includes an enactment comprised in subordinate legislation;
This Schedule applies to proposals published under section 7, 10, 11 or 15. Accordingly, in this Schedule, unless a contrary intention appears, “proposals” means proposals published under any of those sections.
For the purposes of this Schedule—
proposals under section 7 are to be taken to be made by the person who submitted them to the relevant authority under subsection (4)(b) of that section, ... and
proposals under section 10, 11 or 15 are to be taken to be made by the persons who published them.
The governing body of the school shall consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of EA 2002. In the following provisions of this Schedule—
Section 17 of EA 2005 (statement to be prepared by proprietor of school other than maintained school) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (3)— After subsection (4) insert—
In this Schedule references to inspection authorities are to be read in accordance with sub-paragraph (2) or (3), as the case may be. For the purposes of paragraph 4 or 5 the inspection authorities are— For the purposes of paragraph 6 the inspection authorities are— In this Schedule “inspection functions” means functions relating to, or connected with, inspections.
The Chief Inspector must from time to time, or at such times as the Secretary of State may specify by order, prepare— Before preparing an inspection programme or an inspection framework the Chief Inspector must consult— and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared. The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take. The Chief Inspector may determine that any document or combination of documents prepared for the purposes of any other enactment or enactments is to be treated as a document prepared for the purposes of sub-paragraph (1)(b) (so long as any requirements applying under or by virtue of this paragraph are complied with in relation to the document or documents concerned).
The Chief Inspector may act jointly with another public authority where it is appropriate to do so for the efficient and effective exercise of his functions.
The Chief Inspector may, with the consent of the Secretary of State, enter into arrangements for charges to be made—
for providing advice or assistance under paragraph 8; or
for carrying out inspections under paragraph 9.
Section 15 of SSFA 1998 (cases where local education authority may exercise powers of intervention) is amended as follows. In subsections (1)(c) and (2)(a)(i) for “either or both of sections 16 and 17” substitute “any one or more of sections 16, 16A and 17”. After subsection (3) insert— In subsection (7), for “Part 1 of the School Inspections Act 1996” substitute “Chapter 3 of Part 1 of the Education Act 2005”.
“the Assembly” means the National Assembly for Wales;
Assembly section 142(1)
The head teacher of a relevant school in England, on excluding from the school a pupil of compulsory school age, must give the parent by the prescribed time a notice in writing complying with subsections (2) and (3) and containing such other information as may be prescribed.
Where the appropriate authority are or will be obliged under the relevant enactment to make arrangements for the provision of full-time education for the excluded pupil during his exclusion, or intend to do so without being so obliged, the notice must specify the first day on which full-time education is to be provided for the excluded pupil.
The notice must specify as days on which the parent is to be subject to section 103(2) each school day beginning with the first school day to which the exclusion relates and ending with the earliest of the following—
where a day is specified under subsection (2), the school day preceding that day,
the fifth school day to which the exclusion relates, and
the last school day to which the exclusion relates.
Subsection (7) of section 103 applies for the purposes of subsection (3) as it applies for the purposes of subsection (2)(a) of that section.
Where the appropriate authority are a local authority, they must provide the head teacher with such information as will enable the head teacher to give a notice complying with subsection (2).
Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under this section from being given to the parent of the excluded pupil by any effective method.
Regulations may enable a notice under this section to be combined with a notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the exclusion of pupils from maintained schools).
In this section—
Where an authorised officer has reason to believe that a person has committed an offence under section 103(3), he may give the person a penalty notice in respect of the offence.
A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence under section 103(3) to which the notice relates by payment of a penalty in accordance with the notice.
Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.
Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates if he pays a penalty in accordance with the notice.
Sums received by a local authority under this section may be used by the authority for the purposes of any of their functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.
In this section—
Regulations may make—
provision as to the form and content of penalty notices;
provision as to the monetary amount of any penalty and the time by which it is to be paid;
provision for determining the local authority to whom a penalty is payable;
provision as to the methods by which penalties may be paid;
provision as to the records which are to be kept in relation to penalty notices;
provision as to the persons who may be authorised by a local authority or a head teacher to give penalty notices;
provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices;
provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—
repayment of any amount by way of penalty under a penalty notice which is withdrawn, and
prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates;
provision for a certificate— to be received in evidence of the matters so stated;
purporting to be signed by or on behalf of a prescribed person, and
stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,
provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice;
provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices;
such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.
Without prejudice to the generality of subsection (1) or section 181(2)(a), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).
Local authorities, head teachers and authorised officers must, in carrying out their functions in relation to penalty notices, have regard to any guidance which is given by the Secretary of State from time to time in relation to penalty notices.
In this section — and other expressions have the same meaning as in section 105.
The Police Reform Act 2002 (c. 30) is amended as follows.
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In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices), after paragraph (ab) insert—.
In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “ or (ac) ”.
In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “ or (ac) ”.
Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).
In subsection (2)—
for “subsection (3)” substitute “ subsections (3) and (3ZA) ”, and
for “that subsection” substitute “ each of those subsections ”.
After subsection (3) insert—
After subsection (3A) insert—
“relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;
In the heading, after “truants” insert “ and excluded pupils ”.
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in paragraph 4C, for the words from “section 16(3)” to the end substitute “section 16(3) or (3ZA) of that Act (power to remove truant or excluded pupil found in specified area to designated premises or, in case of truant, to the school from which he is absent).”, and
in the italic heading immediately before that paragraph, after “truants” insert “and excluded pupils”.
In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit “without reasonable justification”.
After that subsection insert—
In subsection (2) of that section, for “(3)” substitute “ (2A) ”.
After that subsection insert—
In subsection (3) of that section—
at the end of paragraph (a) insert “ or ”, and
omit paragraph (b) and the “or” immediately following it.
In subsection (6) of that section, for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.
In subsection (7) of that section, for “at a time when he was not” substitute “ unless the parent proves that at that time the child was ”.
After that subsection insert—
In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.
In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from “unless” to the end substitute “ unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996 ”.
The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.
In section 444A of EA 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil) for subsection (6) substitute—
In this Chapter—
There is to be a body corporate known as the Office for Standards in Education, Children's Services and Skills.
In this Part that body is referred to as “the Office”.
The Office is to perform its functions on behalf of the Crown.
Schedule 11 makes further provision about the Office.
Her Majesty may by Order in Council appoint a person to the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills.
In this Part the holder of that office is referred to as “the Chief Inspector”.
The Chief Inspector is to be a member of the Office (see paragraph 1 of Schedule 11).
The Chief Inspector holds and vacates office in accordance with the terms of his appointment.
Those terms are to be determined by the Secretary of State.
But the Chief Inspector—
must not be appointed for a term of more than five years,
may at any time resign by giving written notice to the Secretary of State, and
may be removed from office by Her Majesty on the grounds that he is unable or unfit to carry out the duties of his office.
The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.
The office of Her Majesty's Chief Inspector of Schools in England is abolished.
But any person holding that office immediately before the appointed day is to become, as from that day, Her Majesty's Chief Inspector of Education, Children's Services and Skills.
As from the appointed day—
the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as Chief Inspector, and
the terms of his appointment have effect as if determined under subsection (5).
In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.
Her Majesty may by Order in Council appoint persons as Her Majesty's Inspectors of Education, Children's Services and Skills.
In this Part a person so appointed is referred to as an “HMI”.
An HMI is to serve, in accordance with the terms of his appointment, as a member of the staff of the Office.
Those terms are to be determined by the Chief Inspector.
A person's appointment as HMI ends when he ceases to serve as a member of the staff of the Office.
Any person who— is to become, as from that day, one of Her Majesty's Inspectors of Education, Children's Services and Skills.
is one of Her Majesty's Inspectors of Schools in England immediately before the appointed day, and
is then serving as member of the staff of Her Majesty's Chief Inspector of Schools in England or of the Adult Learning Inspectorate,
As from the appointed day—
the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as an HMI, and
the terms of his appointment have effect as if determined under subsection (4).
In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.
Schedule 12 makes further provision about the Chief Inspector and persons acting on his behalf.
The Office has the following functions—
to determine strategic priorities for the Chief Inspector in connection with the performance of his functions;
to determine strategic objectives and targets relating to such priorities; and
to secure that the Chief Inspector's functions are performed efficiently and effectively.
The Office is to have such other functions in connection with the performance of the Chief Inspector's functions as may be assigned to it by the Secretary of State.
The Office is to perform its functions for the general purpose of encouraging—
the improvement of activities within the Chief Inspector's remit,
the carrying on of such activities as user-focused activities, and
the efficient and effective use of resources in the carrying on of such activities.
In performing its functions the Office is to have regard to—
the need to safeguard and promote the rights and welfare of children;
views expressed by relevant persons about activities within the Chief Inspector's remit;
any matters raised by the Children's Commissioner with the Office or the Chief Inspector;
levels of satisfaction with such activities on the part of relevant persons;
the need to promote the efficient and effective use of resources in the carrying on of such activities;
the need to ensure that action by the Chief Inspector in relation to such activities is proportionate to the risks against which it would afford safeguards;
any developments in approaches to inspection or regulatory action; and
best practice amongst persons performing functions comparable to those of the Chief Inspector.
In performing its functions the Office must also have regard to such aspects of government policy as the Secretary of State may direct.
In this section—
“children” means persons under the age of 18;
“relevant persons”, in relation to activities within the Chief Inspector's remit, means persons who have an interest in such activities, whether—
as persons for whose benefit they are carried on, or
as parents (if they are carried on for the benefit of children), or
as employers;
“parents” includes persons—
who are not parents of children but have parental responsibility for them (within the meaning of the Children Act 1989 (c. 41)), or
who have care of children.
Subsection (6) provides for the interpretation, for the purposes of this Part, of references to activities within the Chief Inspector's remit and related expressions.
For those purposes—
“activities” includes—
the provision of any form of education, training or care,
the provision of any form of services or facilities, and
the performance of any function;
activities are within the Chief Inspector's remit—
if he exercises any inspection function in relation to them, or
if they are services of the kind provided by persons in respect of whom he is the registration authority by virtue of any enactment; and
references to persons for whose benefit activities are carried on are, in relation to activities within paragraph (a)(i) or (ii), references to persons for whom the education, training or care is provided, or (as the case may be) for whom the services or facilities are provided.
The Chief Inspector has the general duty of keeping the Secretary of State informed about—
the quality of activities within the Chief Inspector's remit and (where appropriate) the standards achieved by those for whose benefit such activities are carried on,
improvements in the quality of such activities and in any such standards,
the extent to which such activities are being carried on as user-focused activities, and
the efficient and effective use of resources in the carrying on of such activities and services.
If requested to do so by the Secretary of State, the Chief Inspector must provide the Secretary of State with information or advice on such matters relating to activities within the Chief Inspector's remit as are specified in the request.
The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with any activities within his remit, including advice relating to a particular establishment, institution or agency.
The Chief Inspector is to have such other functions in connection with activities within his remit as may be assigned to him by the Secretary of State.
Subsection (6) applies where the Chief Inspector is requested under subsection (2) to provide the Secretary of State with information or advice on matters relating to activities within the Chief Inspector's remit.
Any enactment by virtue of which— is to have effect, with any necessary modifications, so as to enable him to conduct an inspection, or exercise any such power, for the purpose of complying with the request.
an inspection may be conducted by the Chief Inspector in relation to the activities in question (whether or not in pursuance of any duty), or
any power of entry is exercisable by him in relation to those activities,
In subsection (6) any reference to a power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.
Nothing in this section prejudices the operation of any other enactment relating to functions of the Chief Inspector.
The Chief Inspector is to perform his functions for the general purpose of encouraging—
the improvement of activities within the Chief Inspector's remit,
the carrying on of such activities as user-focused activities, and
the efficient and effective use of resources in the carrying on of such activities.
The Chief Inspector must ensure—
that his functions are performed efficiently and effectively, and
that, so far as practicable, those functions are performed in a way that responds to—
the needs of persons for whose benefit activities within the Chief Inspector's remit are carried on, and
the views expressed by other relevant persons about such activities.
In performing his functions the Chief Inspector must have regard to—
the matters mentioned in section 117(2);
such aspects of government policy as the Secretary of State may direct.
any matters raised by the Children's Commissioner with the Chief Inspector; and
In this section “relevant persons” has the same meaning as in section 117.
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One of the persons appointed to the staff of the Office under paragraph 6 of Schedule 11 is to be appointed as Children’s Rights Director.
The Children’s Rights Director is to have such functions in relation to the performance by the Chief Inspector of functions within subsection (3) as may be prescribed by regulations made by the Secretary of State.
The following functions of the Chief Inspector are functions within this subsection—
his functions under section 87 of the Children Act 1989 (c. 41) (welfare of children in boarding schools and colleges),
his functions under Part 2 of the Care Standards Act 2000 (c. 14) (registration and standards), and
his functions under Chapter 4 of this Part (inspection and review of local authorities in England) in connection with the inspection and review of the performance by such authorities of their functions within section 135(1)(d) and (e).
The Chief Inspector must make an annual report to the Secretary of State.
The Secretary of State must lay a copy of any such report before each House of Parliament.
The Chief Inspector may make to the Secretary of State such other reports relating to matters which fall within the scope of the Chief Inspector's functions as he considers appropriate.
The Chief Inspector may arrange for any report made by him under this section to be published in such manner as he considers appropriate.
Subject to the following provisions of this Part, the functions of the existing Chief Inspector under or by virtue of any enactment are transferred to the new Chief Inspector.
In this section—
This Chapter applies to the following kinds of education and training—
secondary education provided in institutions which are in England and are within the further education sector;
further education for persons aged 16 or over but under 19 which is provided in such institutions and wholly or partly funded by the Secretary of State ...;
further education for persons aged 19 or over which is wholly or partly funded by the Secretary of State...;
education provided in 16 to 19 Academies;
further education for persons aged under 19 which is provided by local authorities in England;
further education for persons aged 19 or over which is funded by such authorities;
training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973 (c. 50);
training for persons aged 16 or over if it is training the whole or part of which takes place at the premises of an employer and which is wholly or partly funded by the Secretary of State...;
further education for persons aged 19 or over which is wholly or partly funded by a combined authority;
such other education or training as may be prescribed by regulations made by the Secretary of State.
further education for persons aged 19 or over which is wholly or partly funded by a combined county authority;
The training which may be prescribed by regulations under subsection (1)(h) includes training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training falling within subsection (1)(a) to (g).
If regulations made by the Secretary of State so provide— is to be treated for the purposes of this Chapter as training to which it applies.
the provision of information, advice or guidance falling within section ... 100(1)(j) of the Apprenticeships, Skills, Children and Learning Act 2009, or
the provision of any description of such information, advice or guidance specified in the regulations,
In this Chapter—
“further education” and “secondary education” have the same meanings as in EA 1996, and
any reference to institutions which are within the further education sector is to be read in accordance with section 91(3) of the Further and Higher Education Act 1992 (c. 13).
In this section—
The Chief Inspector must conduct—
inspections of such education or training to which this Chapter applies as may be specified by the Secretary of State, and
inspections of such class of education or training to which this Chapter applies as may be so specified.
The inspections are to be conducted at such intervals as may be specified by the Secretary of State.
On completing an inspection under this section, the Chief Inspector must make a written report on it.
The report—
must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and
may deal with such other matters as he considers relevant.
The Chief Inspector must send copies of the report to—
the Secretary of State,
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any local authority in England providing funds for the education or training inspected, and
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the provider of the education or training inspected.
Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
The Chief Inspector must inspect all institutions within the further education sector , and all 16 to 19 Academies, subject to subsection (1A).
Inspections under subsection (1) are to be conducted at such intervals as may be specified by the Secretary of State.
The Secretary of State may by regulations provide that the duty of the Chief Inspector in subsection (1) does not apply to prescribed categories of institution in prescribed circumstances.
On completing an inspection under this section, the Chief Inspector must make a written report on it.
An institution to which the duty in subsection (1) does not apply by virtue of regulations under subsection (1A) is an “exempt institution”.
The report—
must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it,
may deal with such other matters as he considers relevant.
must, in a case where it relates to an institution within the further education sector, comment on the careers guidance provided to relevant students at the institution, and
The Chief Inspector must send copies of the report to—
the Secretary of State,
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the provider of the education or training inspected.
... and
Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
In this section—
The Chief Inspector may inspect any education or training to which this Chapter applies (in a case where he is not required to do so by virtue of any provision of this Chapter).
The Chief Inspector may inspect any education or training to which this Chapter does not apply if—
it is further education (whether for persons aged 16 or over but under 19, or for persons aged 19 or over) or training for persons aged 16 or over, and
he is requested to conduct the inspection by the provider of the education or training.
The Chief Inspector must inspect an exempt institution if requested to do so by the Secretary of State.
On completing an inspection under this section conducted in any other case, the Chief Inspector may—
make a written report on it;
arrange for the report to be published in such manner as he considers appropriate.
If the Chief Inspector makes a report of an inspection conducted under subsection (1) or (1A), he must send copies of the report to—
the Secretary of State,
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any local authority in England providing funds for the education or training inspected, and
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the provider of the education or training inspected.
On completing an inspection under subsection (1) or (1A) conducted in response to a request from the Secretary of State or any other person or body, the Chief Inspector must—
make a written report on the inspection;
arrange for the report to be published in such manner as the Chief Inspector considers appropriate.
Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
In the case of an inspection conducted under subsection (2) the Chief Inspector may charge the provider of the education or training concerned for the cost of the inspection.
For the purposes of that subsection it is immaterial whether the education or training concerned is provided in the United Kingdom or elsewhere.
In the case of an inspection conducted under subsection (1) in response to a request from the provider of the education or training concerned, the Chief Inspector may charge the provider for the cost of the inspection.
In this section “exempt institution” has the meaning given by section 125(1B).
This section applies where the Chief Inspector publishes a report of an inspection conducted under section 124 or 125 or section 126(1) or (1A).
The provider of the education or training which is the subject of the report must prepare a written statement of—
the action which he proposes to take in the light of the report, and
the period within which he proposes to take that action.
That person must—
publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
send copies of it to such persons as may be so prescribed.
The requirements of subsection (2) may be waived by the Chief Inspector.
If requested to do so by the Secretary of State, the Chief Inspector must inspect—
the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged 15 or over but under 19;
the standards achieved by those receiving that education or training; and
whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.
The Chief Inspector may conduct such an inspection without being requested to do so.
Subsection (4) applies if financial resources have been applied by— in respect of education or training which is being inspected under this section.
the Secretary of State,
a local authority in England,
... or
In such a case the inspection may extend to considering whether the application of those resources in that way—
constituted an efficient and effective use of the resources for the purpose of meeting the needs of persons within subsection (1)(a) as regards education or training of the kind in question, and
was appropriate to secure value for money.
The education or training that may be made the subject of an inspection under this section (“an area inspection”) is—
any education or training to which this Chapter applies, or
any other education or training within the scope of the Chief Inspector's functions.
A provider of education or training which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.
Any local authority in England whose area is wholly or partly within the area which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.
In subsection (1)(a) the reference to persons who are aged 15 includes persons— and for this purpose “school” and “school year” have the same meanings as in EA 1996.
for whom education is being provided at a school, and
who will attain that age in the current school year;
On completing an area inspection conducted under section 128, the Chief Inspector must make a written report on it.
The Chief Inspector must send copies of the report to—
the Secretary of State,
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each local authority in England whose area is wholly or partly within the area subject to the inspection.
... and
Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
This section applies where the Chief Inspector publishes a report of an area inspection conducted under section 128.
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the action which it proposes to take in the light of the report, and
the period within which it proposes to take that action.
The Secretary of State may direct a local authority in England whose area is wholly or partly within the area covered by the report to prepare a written statement of—
the action which they propose to take in the light of the report, and
the period within which they propose to take that action.
In preparing a statement under subsection... (3) ... the authority must consult such persons as the Secretary of State may direct.
The ... authority must—
publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
send copies of it to such persons as may be so prescribed.
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This section applies to an inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).
When conducting such an inspection, the Chief Inspector may, at any reasonable time, enter—
any premises on which the education or training inspected is provided;
any premises of the provider of that education or training which are used in connection with its provision.
In respect of education or training provided by an employer in the workplace, the power of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.
This section applies to any inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).
If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents relating to the education or training inspected which are on any premises in relation to which he exercises his power of entry under section 131.
The power in subsection (2) includes—
power to require any person holding or accountable for any documents kept on the premises to produce them, and
in relation to any such documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.
In connection with inspecting any such documents the Chief Inspector—
may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents; and
may require a person within subsection (5) to afford him such reasonable assistance as he may require for that purpose.
A person is within this subsection if he is—
the person by whom or on whose behalf the computer is or has been used, or
a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.
Any person who without reasonable excuse— is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
obstructs the exercise of any power conferred by section 131 or this section, or
fails to comply with any requirement imposed under this section,
The Chief Inspector must devise—
a common set of principles applicable to all inspections conducted under this Chapter, or
two or more common sets of principles each of which is applicable to a particular description of such inspections.
A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.
If the Chief Inspector devises two or more frameworks under subsection (1)(b), he must ensure that, taken together, they cover all inspections conducted under this Chapter.
The Chief Inspector must publish a framework in such manner as he considers appropriate.
The Chief Inspector may at any time revise a framework.
The Chief Inspector must publish a revised framework in such manner as he considers appropriate.
The Adult Learning Inspectorate is abolished on the appointed day.
In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.
The Chief Inspector must—
conduct inspections of every Academy proprietor at such intervals as may be specified in regulations made by the Secretary of State, and
prepare a written report on completion of each inspection.
The Secretary of State may by regulations provide that subsection (1) does not apply in relation to specified categories of Academy proprietor in specified circumstances.
An Academy proprietor in relation to which subsection (1) does not apply by virtue of regulations under subsection (2) is an “exempt proprietor”.
When conducting an inspection under this section, the Chief Inspector must have regard to any views about the matters listed in section 122B(2) which are expressed to the Chief Inspector by—
such persons as may be specified in regulations made by the Secretary of State;
such other persons as the Chief Inspector considers appropriate.
Subsection (1) has effect subject to subsection 122E.
An inspection which is required under this section must not extend to—
denominational education provided at an Academy which has been designated as having a religious character, or which is to be treated as having been so designated by virtue of section 6(8) of the Academies Act 2010, or
the content of collective worship at such an Academy.
It is the general duty of the Chief Inspector, when conducting an inspection under section 122A, to report on the quality and effectiveness of the Academy proprietor’s leadership, management and governance in connection with its role as an Academy proprietor.
The Chief Inspector’s report must (in particular) cover—
the quality and effectiveness of any activities undertaken by the Academy proprietor to secure the provision of a quality education to registered pupils and students of its Academies;
the quality and effectiveness of the Academy proprietor’s governance and executive leadership;
the quality and effectiveness of any activities undertaken by the Academy proprietor to promote the wellbeing of children and young persons;
the quality and effectiveness of any activities undertaken by the Academy proprietor to secure improvements in its Academies;
the quality and effectiveness of the Academy proprietor’s management of its resources;
such other matters as may be specified in regulations made by the Secretary of State.
The Chief Inspector must send a copy of a report under section 122A(1)(b) to—
the Academy proprietor, and
the Secretary of State.
The Academy proprietor must—
make a copy of any report sent to it under subsection (3) available for inspection by members of the public,
provide a copy of the report, free of charge, upon request, and
take such steps as are reasonably practicable to secure that every registered parent of a pupil at an Academy school or alternative provision Academy of which the Academy proprietor is the proprietor receives a copy of the report within five working days following receipt of the report by the Academy proprietor.
The Chief Inspector may send a copy of the report to such other persons as the Chief Inspector considers appropriate.
The Chief Inspector may arrange for the report to be published in such manner as the Chief Inspector considers appropriate.
In this section—
The Chief Inspector must inspect and report on any Academy proprietor, or category of Academy proprietor, in connection with its role as an Academy proprietor, if requested to do so by the Secretary of State.
The Chief Inspector may inspect and report on any Academy proprietor, in connection with its role as an Academy proprietor, in circumstances where there is no requirement to do so under any other provision of this Chapter.
If the Chief Inspector carries out an inspection under subsection (2) in response to a request from the Academy proprietor, the Chief Inspector may charge the Academy proprietor for the cost of the inspection.
An inspection which is conducted under this section must not extend to—
denominational education provided at an Academy which has been designated as having a religious character, or which is to be treated as having been so designated by virtue of section 6(8) of the Academies Act 2010, or
the content of collective worship at such an Academy.
The Chief Inspector may arrange for a report under this section to be published in such manner as the Chief Inspector considers appropriate.
Before conducting an inspection under section 122A the Chief Inspector must notify—
the Academy proprietor, and
any relevant religious body.
If the Academy proprietor is notified by the Chief Inspector that the Chief Inspector is proposing to inspect the Academy proprietor under section 122A, the Academy proprietor must take such steps as are reasonably practicable to notify the following persons of the time when the inspection is to take place—
the registered parents of registered pupils at any Academy school or alternative provision Academy of which the Academy proprietor is the proprietor;
the members of the Academy proprietor (if any).
If the Academy proprietor is notified by the Chief Inspector that the Chief Inspector is electing to treat, or is required by the Secretary of State to treat, an inspection under section 122C as if it were an inspection under section 122A as a result of the exercise of a power under section 122E, the Academy proprietor must take such steps as are reasonably practicable to notify the following persons that the inspection is being so treated, and of the time when the inspection is to take place—
the registered parents of registered pupils at any Academy school or alternative provision Academy of which the Academy proprietor is the proprietor;
the members of the Academy proprietor (if any);
any relevant religious body.
Any notification given under subsection (2)(a) or (3)(a) must include a statement, in a form approved by the Chief Inspector, inviting the registered parents of registered pupils to inform the Chief Inspector of their views on matters relating to—
the Academy at which their child is a registered pupil;
the Academy proprietor.
The Chief Inspector may elect for an inspection under section 122C of an Academy proprietor to which section 122A applies to be treated as if it were an inspection under section 122A for the purposes of section 122A(1), section 122B(3) to (6) and section 122H.
In the case of an inspection of an exempt proprietor under section 122C, the Chief Inspector may elect to treat the inspection as if it were an inspection under section 122A for the purposes of section 122A(4) and sections 122B and 122H.
The Secretary of State may require the Chief Inspector to treat an inspection under section 122C(1) of an Academy proprietor to which section 122A applies as if it were an inspection under section 122A for the purposes of section 122A(1) and (4) and sections 122B and 122H.
In the case of an inspection of an exempt proprietor under section 122C(1), the Secretary of State may require the Chief Inspector to treat the inspection as if it were an inspection under section 122A for the purposes of section 122A(4) and sections 122B and 122H.
In this section, “exempt proprietor” has the meaning given by section 122A(3).
The Chief Inspector must devise—
a common set of principles applicable to all inspections conducted under this Chapter, or
two or more common sets of principles each of which is applicable to a particular description of such inspections.
A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.
If the Chief Inspector devises two or more frameworks under subsection (1)(b), the Chief Inspector must ensure that, taken together, they cover all inspections conducted under this Chapter.
A framework must cover such matters as may be specified in regulations made by the Secretary of State.
The Chief Inspector must publish a framework in such manner as the Chief Inspector considers appropriate.
The Chief Inspector may at any time revise a framework.
The Chief Inspector must publish a revised framework in such manner as the Chief Inspector considers appropriate.
In devising or revising a framework, the Chief Inspector must have regard to guidance given from time to time by the Secretary of State.
This section applies to an inspection conducted by the Chief Inspector under this Chapter.
The Chief Inspector may, at any reasonable time, enter—
any premises of the Academy proprietor;
the premises of any Academy of which the Academy proprietor is the proprietor;
any other premises on which, by virtue of arrangements made by the Academy proprietor, any pupils or students who are registered at an Academy within paragraph (b) are receiving part of their education from any person (“the provider”);
any premises of the provider used in connection with the provision by the provider of that education.
The Chief Inspector may, at any reasonable time, inspect, take copies of, or take away such of the following as the Chief Inspector considers relevant to the discharge of the Chief Inspector’s functions under this Chapter—
any documents or records kept by the Academy proprietor;
any documents or records kept by an Academy of which the Academy proprietor is the proprietor;
any documents or records kept by the provider relating to the provision of education by virtue of arrangements made by the Academy proprietor.
The power in subsection (3) includes—
power to require any person holding or accountable for any such documents or records to produce them, and
in relation to any such documents or records kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.
In connection with inspecting any such documents or records the Chief Inspector—
may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which the Chief Inspector considers is or has been in use in connection with the documents or records, and
may require a person within subsection (6) to afford the Chief Inspector such reasonable assistance as the Chief Inspector requires for that purpose.
A person is within this subsection if that person is—
the person by whom or on whose behalf the computer is or has been used, or
a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
A person is guilty of an offence if that person intentionally obstructs the Chief Inspector in the exercise of any function conferred by this Chapter.
A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Subsections (2) to (4) apply if, on completion of an inspection under section 122A, the Chief Inspector is of the opinion that—
the persons responsible for leading, managing and governing the Academy proprietor are failing to lead, manage or govern the Academy proprietor to an acceptable standard, or
the Academy proprietor is failing to lead, manage or govern an Academy of which it is the proprietor to an acceptable standard.
The Chief Inspector must—
send a draft of the report of the inspection to the Academy proprietor, and
consider any comments on the draft that are made by the Academy proprietor within such period as may be specified in regulations made by the Secretary of State.
Where, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1), the Chief Inspector must—
without delay, notify the following persons in writing of that opinion—
the Secretary of State, and
the Academy proprietor, and
state that opinion in the report of the inspection.
A notification made under subsection (3)(a) must also record—
in a case within subsection (1)(a), whether the Chief Inspector is of the opinion that the persons responsible for leading, managing and governing the Academy proprietor are demonstrating the capacity to secure the necessary improvement in the Academy proprietor;
in a case within subsection (1)(b), whether the Chief Inspector is of the opinion that the Academy proprietor is demonstrating the capacity to secure the necessary improvement in the Academy.
Regulations under this Chapter may—
make different provision for different purposes;
make consequential provision.
In this Chapter—
In subsection (1)—
“Church of England Academy” means an Academy in the Province of Canterbury or York in relation to which the religion or religious denomination specified in the order designating the Academy as having a religious character is “Church of England” and “appropriate diocesan authority”, in relation to such an Academy, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated, and
“Roman Catholic Church Academy” means an Academy in relation to which the religion or religious denomination specified in the order designating the Academy as having a religious character is “Roman Catholic” and “appropriate diocesan authority”, in relation to such an Academy, means the bishop of the Roman Catholic diocese in which the Academy is situated.
For the purposes of this Chapter, an Academy has been “designated as having a religious character” if it has been so designated by an order under— and references to the order designating the Academy as having a religious character should be read accordingly.
section 69 (3) of the School Standards and Framework Act 1998 by virtue of section 124B(2) of that Act, or
section 8A (1) of the Academies Act 2010 (16 to 19 academies having religious character),
This Chapter applies to the following functions of a local authority in England—
the functions conferred on the authority under Part 1 of the Childcare Act 2006 (c. 21),
the education functions of the authority (as defined in section 579(1) of EA 1996),
the functions conferred on the authority under sections 10, 12 and 17 to 19 of the Children Act 2004 (c. 31),
the social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)) of the authority, so far as relating to persons aged under 18,
(whether or not within paragraph (d)) functions conferred on or exercisable by the authority under the Children Act 1989 (c. 41), the Adoption (Intercountry Aspects) Act 1999 (c. 18) , the Adoption and Children Act 2002 or section 2 of the Children and Social Work Act 2017 and functions continuing to be exercisable by the authority under the Adoption Act 1976 (c. 36), ...
such other functions of the authority as may be prescribed by regulations made by the Secretary of State.
any function conferred on the local authority under section 2 of the Childcare Act 2016; and
In this Chapter “related activity”, in relation to a function to which this Chapter applies, means (subject to subsections (3) and (4)) anything done in any place by, or pursuant to arrangements made by, the authority under section 2(1)(a) or (b) of the Local Government Act 2000 (c. 22) (promotion of economic and social well-being) or section 1 of the Localism Act 2011 (local authority’s general power of competence) which is similar in nature to anything which could be done by the authority in the performance of the function in question.
In relation to a function within subsection (1)(c), (d) or (e), anything done as mentioned in subsection (2) is a “related activity” only if it is done in relation to or for the benefit of— In paragraph (c) “special guardianship” means special guardianship under sections 14A to 14G of the Children Act 1989.
persons aged under 18,
persons aged 18 or over in relation to whom the authority have functions under any of sections 23C to 24D of the Children Act 1989, or
persons not within paragraph (a) or (b) in connection with adoption or special guardianship.
In relation to a function prescribed by regulations under subsection (1)(f), anything done as mentioned in subsection (2) is a “related activity” only if it is prescribed as such by the regulations.
On the coming into force of this Chapter the Commission for Social Care Inspection is to cease to have functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) in relation to anything which may be inspected by the Chief Inspector under this Chapter.
The Chief Inspector may inspect—
the overall performance by any local authority in England of the functions to which this Chapter applies, or
the performance by any such authority of any particular function or functions comprised in the functions to which this Chapter applies.
An inspection under subsection (1) of the performance by an authority of any function must include an inspection of any related activity.
When requested to do so by the Secretary of State, the Chief Inspector must conduct an inspection under this section in relation to the local authority specified in the request.
Such a request may specify particular matters which the Chief Inspector must inspect.
On completing an inspection under section 136, the Chief Inspector must make a written report on the matters which were the subject of the inspection.
The Chief Inspector must send copies of the report to—
the local authority in England which was inspected, and
the Secretary of State.
Where an authority receive a copy of a report under this section, they must prepare a written statement of—
the action which they propose to take in the light of the report, and
the period within which they propose to take that action.
The authority must publish— within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State.
the report, and
the statement prepared under subsection (3),
Such regulations may provide for the authority to charge a reasonable fee for providing a person with a copy of a document published under subsection (4).
The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate.
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In each financial year the Chief Inspector must review the overall performance by each local authority in England of the functions to which this Chapter applies.
A review under subsection (1) of the performance of functions must include a review of related activities.
After conducting a review under this section in relation to an authority the Chief Inspector must award the authority a performance rating in respect of the matters reviewed.
In this section “financial year” means a period of 12 months ending with 31st March in any year.
This section applies to—
any inspection conducted by the Chief Inspector under section 136, ...
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The Chief Inspector may, at any reasonable time, enter any premises for the purposes of the inspection ..., other than any premises excluded by subsection (3).
The premises excluded by this subsection are any domestic premises that are not a school (within the meaning of EA 1996).
This section applies to—
any inspection conducted by the Chief Inspector under section 136, ...
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If the Chief Inspector considers it necessary or expedient for the purposes of the inspection ..., he may do any of the following—
inspect, take copies of, or take away any documents which—
relate to the performance by the local authority being inspected ... of any function to which this Chapter applies, or to any related activity, and
are on any premises in relation to which he exercises his power of entry under section 139,
inspect or take away any other item which is on the premises,
interview in private—
any person working on the premises, or
(subject to subsection (3)) any person accommodated or cared for there, and
make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.
Subsection (2)(c)(ii) does not apply unless consent to the interview is given by or on behalf of the person concerned.
The power in subsection (2)(a) includes—
power to require any person holding or accountable for any documents kept on the premises to produce them, and
in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.
In connection with inspecting any such documents, the Chief Inspector—
may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents, and
may require a person within subsection (6) to afford him such reasonable assistance as he may require for that purpose.
A person is within this subsection if he is—
the person by whom or on whose behalf the computer is or has been used, or
a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
The Chief Inspector may—
require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under section 139 or this section, and
take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.
Any person who without reasonable excuse— is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
obstructs the exercise of any power conferred by section 139 or this section, or
fails to comply with any requirement imposed under this section,
The Chief Inspector may at any time require any person within subsection (2) to provide him with any information, documents or other items—
which relates or relate to the performance by a local authority in England of any of the functions to which this Chapter applies or any related activity, and
which the Chief Inspector considers it necessary or expedient to have for the purposes of, or in connection with, the performance by him of any function under this Chapter.
The persons within this subsection are—
the local authority;
any person with whom the authority have entered into arrangements—
in the performance of any of the functions to which this Chapter applies, or
in connection with any related activity.
The power in subsection (1) includes, in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.
Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this Chapter “related activity”, in relation to a function of a local authority to which this Chapter applies, has the meaning given by section 135(2) to (4).
For the purposes of this Chapter, references to the performance by a local authority in England of any function include references to—
anything done in any place by the authority in the performance of the function, and
anything done in any place by another person pursuant to arrangements made by the authority in the performance of the function.
This Chapter applies in relation to the Isles of Scilly subject to such modifications as may be specified by order made by the Secretary of State.
The Chief Inspector must inspect the performance of CAFCASS functions.
On completing an inspection under this section, the Chief Inspector must make a written report on it.
The Chief Inspector must send copies of the report to—
the Secretary of State, and
CAFCASS.
The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
In this Chapter—
“CAFCASS” means the Children and Family Court Advisory and Support Service, and
“CAFCASS functions” means the functions of CAFCASS and its officers.
This section applies to an inspection conducted by the Chief Inspector under section 143.
The Chief Inspector may, at any reasonable time, enter for the purposes of the inspection—
any premises occupied by CAFCASS,
any premises occupied by any organisation with whom arrangements have been made under section 13 of the 2000 Act (other powers of CAFCASS) in respect of the performance of any CAFCASS functions, and so occupied in connection with the performance of any such functions, or
any premises occupied by any individual in connection with the performance of functions of an officer of the Service in accordance with arrangements under that section.
Subsection (2) does not confer a power of entry to any part of any domestic premises.
In this section and section 145 “officer of the Service” is to be construed in accordance with section 11(3) of the 2000 Act (establishment of CAFCASS).
In this section “the 2000 Act” means the Criminal Justice and Court Services Act 2000 (c. 43).
This section applies to any inspection conducted by the Chief Inspector under section 143.
If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents kept by CAFCASS, or otherwise relating to the performance of CAFCASS functions, which—
are on any premises in relation to which he exercises his power of entry under section 144, or
are kept by an officer of the Service on domestic premises.
The power in subsection (2) includes—
power to require any person holding or accountable for any documents kept on the premises to produce them, and
in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.
In connection with inspecting any such documents the Chief Inspector—
may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents; and
may require a person within subsection (6) to afford him such reasonable assistance as he may require for that purpose.
Where any such computer, apparatus or material is kept on domestic premises—
subsection (4) does not apply, but
the Chief Inspector may require a person within subsection (6) to give him possession of it for the purpose of inspecting it and checking its operation.
A person is within this subsection if he is—
the person by whom or on whose behalf the computer is or has been used, or
a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
Where the Chief Inspector takes possession of anything under subsection (5)—
he may retain it for as long as he considers that it is necessary to retain it for the purposes of the inspection under section 143, but
once he considers that it is no longer necessary to retain it for those purposes, he must arrange for it to be returned to the person from whose possession it was taken.
The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.
The Chief Inspector and the Secretary of State may make arrangements for the Chief Inspector to conduct inspections of secure training centres and secure colleges in England.
Inspections under this section shall be on such terms, including terms as to payments to be made to the Chief Inspector in respect of such inspections, as the Chief Inspector and the Secretary of State may agree in the arrangements.
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The Secretary of State may by regulations require the Chief Inspector to arrange for premises which are used by a local authority in England in their performance of relevant functions to be inspected on such occasions or at such intervals as may be specified in the regulations.
An inspection under this section is to be regarded for all purposes as undertaken under section 136.
In this section “relevant functions”, in relation to a local authority, has the same meaning as in Part 3 of the Care Standards Act 2000 (c. 14).
The functions of the CSCI under Part 2 of the Care Standards Act 2000 (registration and standards) as the registration authority in relation to— are transferred to the Chief Inspector.
children's homes,
residential family centres,
fostering agencies,
voluntary adoption agencies, and
adoption support agencies,
The Chief Inspector shall make available to the public information about services of the kind provided by persons for whom he is (in accordance with subsection (1)) the registration authority under Part 2 of the Care Standards Act 2000.
The functions of the CSCI under sections 65 and 87 to 87D of the Children Act 1989 (c. 41) (functions relating to children's homes, boarding schools and colleges) are transferred to the Chief Inspector.
In this section “the CSCI” means the Commission for Social Care Inspection.
Schedule 13 contains provisions authorising or requiring the Chief Inspector to take certain action in relation to other authorities, including the carrying out of inspections under arrangements with them.
This section applies to any person exercising (in accordance with paragraph 9 of Schedule 12)—
any power of entry conferred on the Chief Inspector by virtue of any enactment,
any power to inspect documents so conferred, or
any power so conferred in connection with the inspection of documents.
Any such person must, if so required, produce a duly authenticated document showing his authority to exercise the power concerned.
Nothing in this section applies in relation to any exercise of the power conferred by section 141(1).
For the purposes of the law of defamation, a report made by the Chief Inspector which— is privileged unless its publication is shown to have been made with malice.
is published under any enactment, or
is not so published but is made in pursuance of his functions under any enactment,
Where by virtue of any enactment the Chief Inspector has power to arrange for a report made by him to be published in a manner determined by him, he may (if he considers it appropriate to do so) arrange for the report to be published by electronic means only.
Nothing in this section—
limits any privilege subsisting apart from subsection (1), or
prejudices the generality of any power of the Chief Inspector subsisting apart from subsection (2).
Nothing in any enactment prevents the Chief Inspector from— and (in either case) combining the substantive reports to such extent as he considers appropriate.
combining in a single document two or more reports which are required to be made by him under any enactment or enactments, or
combining in a single document one or more such reports and one or more reports which are required to be made by one or more other persons under any enactment or enactments,
In this section such a document is referred to as a “combined report”.
Where a combined report is made, any reference in any enactment— is to be read, so far as necessary, as a reference to the publication of the combined report, or to the giving or making available to that person of a copy of the combined report.
to the publication of a report, or
to the giving or making available to any person of a copy of a report,
The Chief Inspector may arrange for a combined report to be published in any manner he considers appropriate, but this subsection does not limit any duty as to publication imposed by any enactment.
The provisions of section 151 apply to a combined report (whether or not they would otherwise so apply).
Information obtained by the Chief Inspector in connection with any of his functions may be used by him in connection with any of his other functions.
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omit the word “and” at the end of paragraph (e), and
at the end insert—
Regulations made by the Secretary of State may require a local authority in England to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the regulations.
The regulations must specify—
the amount of the fee, and
the time at which it is to be paid.
The Chief Inspector may make a scheme under subsection (4) that is to have effect at a time when no regulations are in force under subsection (1).
A scheme under this subsection (“a scheme”) may provide for a local authority in England to be required to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the scheme.
The amount of the fee payable by virtue of a scheme is to be such as may be specified in, or calculated or determined under, the scheme.
A scheme may include provision—
for different fees to be paid in different cases or classes of case;
for the amount of a fee to be determined by the Chief Inspector in accordance with specified factors;
for the time by which a fee must be paid;
for varying or revoking a previous scheme.
Before making a scheme the Chief Inspector must consult such persons as he considers appropriate.
The Chief Inspector must arrange for a scheme to be published in such manner as he considers appropriate.
A local authority in England must provide the Chief Inspector with such information as he requires for the purpose of determining the amount of a fee payable by the authority by virtue of a scheme.
A fee payable by virtue of this section may be recovered summarily as a civil debt.
But subsection (10) is not to be read as prejudicing any other method of recovery.
In this section “relevant functions”, in relation to a local authority, has the same meaning as in Part 3 of the Care Standards Act 2000 (c. 14).
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Schedule 14 contains minor and consequential amendments relating to the provision made by this Part.
Schedule 15 contains—
provision for the transfer of staff, property, rights and liabilities in connection with the establishment of the Office, and
other transitional provisions and savings.
In this Part— “activities within the Chief Inspector's remit” and related expressions are to be construed in accordance with section 117(6); ... “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; ... “document” means anything in which information of any description is recorded, including personal records as defined by section 12 of the Police and Criminal Evidence Act 1984 (c. 60); “domestic premises” means premises which are used wholly or mainly as a private dwelling; “functions” includes powers and duties; an “HMI” means one of Her Majesty's Inspectors of Education, Children's Services and Skills; “local authority in England” means— a county council in England; a metropolitan district council; a non-metropolitan district council for an area for which there is no county council; a London borough council; the Common Council of the City of London (in their capacity as a local authority); the Council of the Isles of Scilly; “the Office” means the Office for Standards in Education, Children's Services and Skills; “the registration authority” means the person exercising functions relating to registration. ...
In this Part any reference to the carrying on of activities as “user-focused” activities is a reference to the carrying on of the activities in a way that focuses on the needs of those for whose benefit the activities are carried on.
After section 11 of EA 2005 insert—
In Schedule 16—
Part 1 contains amendments of Chapter 1 of Part 1 of EA 2002 (powers to facilitate innovation), including amendments removing the restriction on the duration of the powers conferred by that Chapter; and
Part 2 contains a consequential amendment.
Subject to subsection (5), the Secretary of State may by order—
make such provision as appears to him to be appropriate for the purpose of—
repealing any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in England or such an authority in Wales, or to both, and
replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;
make such provision as appears to him to be appropriate for the purpose of—
repealing any reference in any statutory provision to a children's services authority (however expressed) in so far as it relates to a children's services authority in England or a children's services authority in Wales, or to both, and
replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;
make such provision as appears to him to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a) or (b), or of both those paragraphs.
An order under subsection (1) may make provision modifying any enactment whenever passed or made (including this Act), and may, in particular, make provision—
modifying references (however expressed) in any statutory provision to the functions of a local education authority, or the functions of a local authority (however defined) in its capacity as a local education authority, where the references wholly or partly relate to a local education authority in England or a local education authority in Wales;
modifying statutory provisions which consist of or include provision requiring or authorising consultation, co-operation, communication or other action between a local education authority in England and an English local authority or between a local education authority in Wales and a Welsh local authority;
modifying statutory provisions which consist of or include provision imposing a duty on a local education authority in England or on a local education authority in Wales where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, an English local authority or a Welsh local authority;
modifying statutory provisions which consist of or include provision imposing a duty on an English local authority or on a Welsh local authority where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, a local education authority in England or a local education authority in Wales;
repealing statutory provisions which are spent or have ceased to be of any practical utility.
The following powers to make provision by order under subsection (1) are exercisable by the Assembly as well as by the Secretary of State—
the power to make provision under paragraph (a) of that subsection in relation to any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in Wales,
the power to make provision under paragraph (b) of that subsection in relation to any reference in any statutory provision to a children's services authority (however expressed) in so far as it relates to a children's services authority in Wales, and
the power to make provision under paragraph (c) of that subsection in consequence of or in connection with any provision made by virtue of the powers under paragraph (a) or (b) of that subsection mentioned in paragraph (a) or (b) above, or by virtue of both those powers.
The Secretary of State must not make an order under subsection (1), except with the consent of the Assembly, which contains provision made wholly or partly by virtue of any of the powers to make provision under that subsection mentioned in any of paragraphs (a) to (c) of subsection (3).
An order under subsection (1) may make provision which is within the legislative competence of the Scottish Parliament only in consequence of provision made under such an order which is outside that competence.
In this section—
the governing body of a designated institution (as defined by section 28(4) of that Act) in England which is a body incorporated by virtue of section 143(4) of the Learning and Skills Act 2000 (c. 21);
The Welsh Ministers may by order—
make such provision as appears to them to be appropriate for the purpose of—
repealing any reference in a Measure of the National Assembly for Wales to a local authority (however expressed), and
replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;
make such provision as appears to them to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a).
An order under subsection (5A) may make provision modifying any enactment whenever passed or made, and may, in particular, make provision of the kind specified in paragraphs (a) to (e) of subsection (2).
In interpreting paragraphs (a) to (e) of subsection (2) for the purposes of subsection (5B), “statutory provision” also includes any provision of a Measure of the National Assembly for Wales, including any Measure passed after the Education (Wales) Measure 2009.
In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—
After section 537A of EA 1996 (provision of information about individual pupils) insert—
After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—
Regulations may enable—
the governing body of a maintained school, whether alone or together with other such governing bodies, to make collaboration arrangements with one or more further education bodies;
a further education body, whether alone or together with other further education bodies, to make collaboration arrangements with the governing body of a maintained school or the governing bodies of two or more such schools;
a further education body to make collaboration arrangements with one or more further education bodies.
“Collaboration arrangements” are arrangements for any of the functions of any of the bodies who make the arrangements (“the collaborating bodies”) to be discharged jointly or by a joint committee of those bodies.
Regulations may make provision as to—
the establishment by the collaborating bodies of a joint committee of those bodies for the purposes of discharging any functions in pursuance of collaboration arrangements made by them (“a joint committee”);
the appointment of persons to serve on a joint committee (including provision as to the restrictions or other requirements relating to any such appointments) and their removal from office;
the appointment of a clerk to a joint committee (including provision as to the restrictions or other requirements relating to any such appointment) and his removal from office;
the appointment by a joint committee of one of their number to act as clerk for the purposes of a meeting where the clerk fails to attend;
rights of persons to attend meetings of a joint committee;
restrictions on persons taking part in proceedings of a joint committee;
other matters relating to the constitution or procedure of a joint committee.
Regulations may make provision as to—
the functions of collaborating bodies which may or may not be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;
the manner in which such functions are to be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;
any other matters which are relevant to the discharge of functions by the collaborating bodies jointly, or as the case may be, by a joint committee in pursuance of such arrangements.
Regulations may provide that any enactment relating to— is to have effect subject to all necessary modifications in its application in relation to those functions and the bodies by whom they are to be discharged.
the functions of the collaborating bodies which are to be discharged in pursuance of collaboration arrangements, or
the governing bodies, or as the case may be the further education bodies, by whom those functions are to be discharged,
In this section—
In section 176 of EA 2002 (consultation with pupils), in subsection (3)—
in the definition of “maintained school”, for “or a community or foundation special school” substitute “ , a community or foundation special school or a maintained nursery school ”, and
omit the definition of “pupil” (which excludes children who are being provided with nursery education).
In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions by local authority or governing body), in subsection (2)(b), for “or any community or foundation special school” substitute “ , of any community or foundation special school, or of any maintained nursery school ”.
In section 497 of EA 1996 (Secretary of State's general default powers), in subsection (2)(b), for “or any community or foundation special school” substitute “ , of any community or foundation special school, or of any maintained nursery school ”.
After section 167 of EA 2002 insert—
In section 169 of EA 2002 (unsuitable persons), for the words from “any work” onwards substitute “ work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom ”.
In section 113BA of the Police Act 1997 (c. 50) (suitability information relating to children), at the end of subsection (2) insert—
In section 9 of the Protection of Children Act 1999 (c. 14) (the Tribunal), in subsection (2) after paragraph (b) insert—.
A person falls within this subsection if—
immediately before the relevant day he is subject to a direction under section 142 of EA 2002 given on grounds prescribed for the purposes of this section, and
prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006) are satisfied in relation to him.
Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of EA 2002 were a direction given by the appropriate authority under section 167A of that Act.
Regulations may make provision in connection with the determination of any appeal under subsection (1) of section 144 of EA 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.
Regulations under subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of EA 2002 to be treated as an appeal under section 167B of that Act.
In this section—
a community or foundation special school, or
In section 57(3) of the Further and Higher Education Act 1992 (intervention)—
for paragraph (a) substitute—, and
omit paragraphs (c) and (d).
In Part 2 of Schedule 1 (relevant authorities for purposes only of section 28) for paragraph 27B and the cross-heading preceding it substitute—
In section 62 of SSFA 1998 (LEA’s reserve power to prevent a breakdown of discipline) in subsection (3)(c), for “either or both of sections 16 and 17” substitute “any one or more of sections 16, 16A and 17”.
Part 10 of EA 2002 (independent schools) is amended as follows.
After section 168 insert—
In section 159 (unregistered schools), omit subsection (3).
Sections 168B and 168C of EA 2002 do not have effect in relation to offences committed before the commencement of this section.
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Chapter 1 of Part 4 of EA 1996 (children with special educational needs) is amended as follows.
In Schedule 26 (making of assessments under section 323), in paragraph 3(3)(a) after “or 329A” insert “ , or under regulations under sub-paragraph (1)(b), ”.
In Schedule 27 (making and maintenance of statements under section 324)—
in paragraph 5, for sub-paragraph (3) substitute—, and
in paragraph 11, after sub-paragraph (2A) insert—
Any regulations which were made under Schedule 26 or 27 to EA 1996 and are in force immediately before the commencement of this section are to have effect as from that time as if made under that Schedule as amended by subsection (2) or (3) (as the case may be).
Schedule 17 contains further amendments relating to Wales.
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Before section 12 of the Learning and Skills Act 2000 (c. 21) (research and information), and immediately after the cross-heading which precedes that section, insert—
In section 9 of that Act (assessment and means tests), in subsection (4), after “5(1)(c)” insert “or 11A(1)(b)”.
In section 13 of that Act (persons with learning difficulties)—
in subsection (1), for “and 8” substitute “, 8 and 11A”, and
after subsection (6) insert—
Section 29 of the Leasehold Reform Act 1967 (c. 88) (which enables university bodies in certain circumstances to reserve rights for future development in relation to land sold or let by them) is amended as follows.
In subsection (6), omit the words from “but a university body” to the end.
In subsection (6B), for the words from “includes” to the end substitute—
Where immediately before the date on which this section comes into force— consent under that subsection shall continue to be required; and for that purpose the amendments made by subsections (2) and (3) above shall be disregarded.
a university body have applied for consent under subsection (6) of section 29 of the Leasehold Reform Act 1967, and
the application has yet to be determined,
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The Assembly may by regulations make provision relating to Wales about any of the following matters—
the categories of school that may be maintained by local education authorities;
the establishment and discontinuance of schools maintained by local education authorities, their change from one category to another and their alteration in other respects;
the admission of pupils to schools maintained by local education authorities;
the curriculum in such schools;
school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters);
the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education;
entitlement to primary, secondary and further education and to training;
the provision of services that are intended to encourage, enable or assist people—
to participate effectively in education or training,
to take advantage of opportunities for employment, or
to participate effectively in the life of their communities;
travel of persons receiving primary, secondary or further education or training to and from the schools or other places where they receive it;
food and drink provided on school premises or provided for children at a place where they receive education or childcare.
Regulations under subsection (1) may also make provision for any purpose connected with provision made under any of paragraphs (a) to (j) of that subsection.
Subsection (1) has effect subject to section 179.
Subject to that section, the provision that may be made under subsection (1) includes any provision that could be made by Act of Parliament.
The inclusion in this Act of any provision in relation to Wales about any of the matters mentioned in subsection (1)(a) to (j) does not affect the powers conferred on the Assembly by this section (which may accordingly be exercised so as to repeal or amend that provision).
Expressions used in this section and in EA 1996 have the same meaning in this section as in that Act.
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The power conferred by section 178 does not include power—
to make any provision imposing or increasing taxation;
to make provision taking effect from a date earlier than that of the making of the instrument containing the provision;
to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal;
to create any new indictable offence;
except in relation to any of the matters mentioned in section 178(1)(e), to create any new summary offence;
to create (in relation to any of those excepted matters) any new summary offence that is punishable with imprisonment or with a fine exceeding level 3 on the standard scale;
to make provision extending otherwise than to England and Wales;
to make provision applying in relation to England, except with the consent of the Secretary of State.
Subsection (1)(c) does not preclude the modification of a power to legislate conferred otherwise than under section 178, or the extension of any such power to purposes of the like nature as those for which it was conferred.
A power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of subsection (1)(c).
Paragraphs (d) and (e) of subsection (1) do not preclude the modification of existing offences.
The power conferred by section 178(1)(e) may not, except with the consent of the Secretary of State, be exercised so as to make provision about any of the following—
the use of force,
powers of search,
powers to seize, detain or dispose of property, or
the functions of chief officers of police or persons under their direction or control.
The power conferred by section 178(1)(h) may not, except with the consent of the Secretary of State, be exercised so as to make provision about the functions of any of the following—
a chief officer of police,
a police authority,
a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43), or
a youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).
The power conferred by section 178(1)(i) may not be exercised so as to make provision about—
a matter falling within any of the exceptions specified in paragraph 10 of Part 1 of Schedule 7 to the Government of Wales Act 2006 (c. 32), or
the registration of local bus services.
Any function conferred on the Secretary of State by virtue of the amendments made by the provisions mentioned in subsection (2), so far as exercisable in relation to Wales, is to be taken to have been transferred to the Assembly by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).
Those provisions are— section 4 (duty to identify children not receiving education); sections 40 to 54 (school admissions); section 55 (right of sixth-form pupils to opt out of religious worship); section 56 (charges for music tuition); section 86 (provision of food and drink on school premises etc); section 164 (provision of information about children receiving funded education outside school); section 168 (maintained nursery schools: amendment of sections 496 and 497 of EA 1996); section 173 (special educational needs co-ordinators); section 174 (time limits relating to statements of special educational needs); Schedule 5 (funding of maintained schools).
Any power to make an order or regulations conferred by this Act on the Secretary of State or the Assembly is exercisable by statutory instrument. Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.
Any power of the Secretary of State or the Assembly the Welsh Ministers to make an order or regulations under this Act includes power—
to make different provision for different cases or areas,
to make provision generally or in relation to specific cases, and
to make such incidental, supplementary, transitional or saving provision as the Secretary of State or the Assembly thinks the Welsh Ministers think fit.
Subject to subsection (2), any statutory instrument containing regulations or an order made under this Act by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (1) does not apply to—
an order under section 15(7)(b) (designation of primary school as rural primary school for purposes of sections 15 and 16),
an order under section 188(3) (commencement), or
regulations to which subsection (2A) applies,
an instrument to which subsection (3) applies.
A statutory instrument which contains (alone or with other provisions)— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
an order under section 80 (power to repeal the school travel scheme provisions),
an order under section 162 (power to repeal references to “local education authority” and “children's services authority” etc) which amends or repeals any provision of a public general Act, or
the first regulations to be made under section 60B(3) (regulations defining “coasting” in relation to a school),
regulations under section 183 which amend or repeal any provision of an Act,
regulations under section 122A(2) (power to exempt Academy proprietors from regular inspection),
regulations under section 122B(2)(f) (power to make provision about content of inspection report),
regulations under section 122F(4) (power to make provision about content of inspection framework),
regulations to which subsection (2A) applies,
This subsection applies to regulations made under section 125(1A) (power to prescribe institutions exempt from inspection), apart from the first regulations to be made under that subsection.
The Secretary of State may by regulations make— that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect, to any provision of this Act.
any supplementary, incidental or consequential provision, and
any transitional or saving provision,
Regulations under this section may in particular—
provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications;
amend or repeal any provision of—
an Act passed before or in the same Session as this Act, or
subordinate legislation made before the passing of this Act.
Nothing in this section limits the power by virtue of section 181(2) to include transitional or saving provision in an order under section 188(3) (commencement).
The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by, or may be made under, any other provision of this Act.
Any statutory instrument containing an order made under section 162(5A) by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Assembly.
Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the Assembly procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Assembly by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.
The enactments specified in Schedule 18 (which include spent enactments) are repealed to the extent specified.
There is to be paid out of money provided by Parliament—
any expenditure incurred by virtue of this Act by the Office for Standards in Education, Children's Services and Skills or by a Minister of the Crown, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There are to be paid into the Consolidated Fund—
sums received by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of this or any other Act, and
sums received by a Minister of the Crown by virtue of this Act.
In this Act—
“penalty” means a penalty under a penalty notice;
In this Schedule “the relevant authority” means—
in the case of proposals under section 7, the local education authority who published the notice under that section, and
in the case of proposals under section 10, 11 or 15, the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.
Regulations may make provision—
for the making of objections or comments in relation to the proposals within a prescribed period to the relevant authority, and
requiring the relevant authority, in any case where proposals are to be considered by the Secretary of State or the adjudicator, to forward to the Secretary of State or (as the case may be) the adjudicator objections or comments made in relation to the proposals in accordance with the regulations.
In section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)—
omit paragraph (a) (which relates to school organisation committees), and
in paragraph (c), for “that Act” substitute “the School Standards and Framework Act 1998”.
The appropriate authority must give a copy of the notice under section 65(1) or 69(1) and of every instrument of appointment of an interim executive member— A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment.
The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.
If, immediately before the date specified in the notice under section 65(1) or 69(1), the school does not have a delegated budget, the suspension of the governing body’s right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date. If a notice under paragraph 1 of Schedule 15 to SSFA 1998 (suspension of delegated budget for mismanagement etc) has been given to the governing body before the date specified in a notice under section 65(1) or 69(1) but has not yet taken effect, the notice under that paragraph ceases to have effect on that date. During the interim period, the local education authority may not exercise the power conferred by section 66 (power to suspend right to delegated budget). Sub-paragraph (1) is to be construed in accordance with section 49(7) of SSFA 1998.
In this Act—
Subject to subsection (4), EA 1996 and the provisions of this Act specified in subsection (3) are to be read as if those provisions were contained in EA 1996.
The provisions of this Act referred to in subsection (2) are—
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Part 2 (establishment, alteration or discontinuance of schools in England);
section 39 (general restriction on selection by ability);
Part 4 (schools causing concern: England);
Part 7 (discipline, behaviour and exclusion);
section 166 (collaboration arrangements: maintained schools and further education bodies).
Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of EA 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.
Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of SSFA 1998.
The following provisions come into force on the day on which this Act is passed— sections 86 and 87 (provision of food and drink on school premises etc.); section 109 (failure to secure school attendance), except subsection (8); section 111 (interpretation of Chapter 2 of Part 7); any provision of Part 8 (inspections) so far as it confers power to make subordinate legislation; section 161 (powers to facilitate innovation); section 180 (functions to be exercisable by Assembly); sections 181 and 182 (subordinate legislation); section 183 (power to make consequential and transitional provision etc.); sections 185 to 187, this section and sections 189 to 191; Schedule 16; Part 1 of Schedule 18, and section 184 so far as relating to that Part.
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed— section 6 (functions of local authorities in England in respect of youth work, recreation etc.); section 52 (power of Assembly to make regulations about looked after children); section 58 (code of practice as to relationships between local authorities and maintained schools in England, etc.); section 162 (power to repeal references to “local education authority” and “children's services authority”, etc.); section 168 (maintained nursery schools: amendment of sections 496 and 497 of EA 1996); section 172 (offences relating to independent schools); section 174 (time limits relating to statements of special educational needs); section 177 (university bodies: amendment of section 29 of Leasehold Reform Act 1967); sections 178 and 179 (framework power relating to Wales); Schedule 1; Part 2 of Schedule 18, and section 184 so far as relating to that Part.
The remaining provisions of this Act come into force in accordance with provision made by the appropriate authority (as defined by section 189) by order.
This section has effect for determining who is the appropriate authority for the purposes of section 188(3).
In relation to the provisions specified in subsection (3), the appropriate authority is—
in relation to England, the Secretary of State, and
in relation to Wales, the Assembly.
Those provisions are— section 1 (duties in relation to high standards and fulfilment of potential); section 4 (duty to identify children not receiving education); in section 37 (staff at foundation or voluntary schools with religious character), subsections (1) and (2)(a); section 38 (general duties of governing body of maintained school); section 39 (general restriction on selection by ability); section 40 (code for school admissions); section 43 (duty of governing body to implement decisions relating to admissions); section 44 (prohibition on interviews); section 45 (admission arrangements for schools with religious character: consultation and objections); section 47 (objections to admission arrangements); section 53 (schools with pre-1998 arrangements for selection by ability or aptitude); section 55 (right of sixth-form pupils to be excused from attendance at religious worship); section 56 (charges for music tuition); section 57 (school funding); Chapter 1 of Part 7 (school discipline); sections 97, 98 and 99 (parenting contracts and parenting orders); section 102 (reintegration interviews); section 108 (removal of excluded pupils to designated premises); section 164 (provision of information about children receiving funded education outside school); section 165 (power of members of staff of further education institutions to use force); section 166 (collaboration arrangements: maintained schools and further education bodies); section 167 (consultation with young pupils); sections 169 to 171 (prohibition on participation in management of independent schools); section 173 (special educational needs co-ordinators); Schedule 5.
In relation to the provisions specified in subsection (5), the appropriate authority is the Assembly.
Those provisions are— section 156 (removal of duty to inspect performance of certain Assembly functions); section 175 (miscellaneous amendments relating to Wales); Schedule 17; the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004 (c. 31), and section 184 so far as relating to that repeal.
In relation to a repeal contained in Part 6 of Schedule 18, and section 184 so far as relating to such a repeal, the appropriate authority is the appropriate authority for the purposes of section 188(3) in relation to the provision on which the repeal is consequential.
In relation to the other provisions to which section 188(3) applies, the appropriate authority is the Secretary of State.
Subject to subsections (2) and (3), this Act extends to England and Wales only.
The following provisions extend also to Scotland and Northern Ireland— section 162; sections 181 and 182; sections 185 to 189, this section and section 191.
Any amendment or repeal made by this Act, other than any amendment made by paragraph 2 of Schedule 10, has the same extent as the enactment amended or repealed.
This Act may be cited as the Education and Inspections Act 2006.
This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.