Education Act 2011
Part 1 of the Childcare Act 2006 (functions of local authorities in England in relation to childcare) is amended as set out in subsections (2) and (3).
For section 7 (duty to secure prescribed early years provision free of charge) substitute—
After section 13 insert—
Section 100 of the Childcare Act 2006 (provision of information about young children: transitory provision) is repealed.
Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is amended as set out in subsections (2) to (5).
In section 550ZA (power of members of staff to search pupils for prohibited items: England)—
in subsection (3) (prohibited items), after paragraph (e) insert—;
in that subsection, after paragraph (f) insert—;
after subsection (4), insert—
In section 550ZB (power of search under section 550ZA: supplementary)—
in subsection (5), after “section 550ZA” insert “ to search for an item within section 550ZA(3)(a) to (f) ”;
in subsection (6)—
in paragraph (b), after “P” insert “ , unless the condition in subsection (6A) is satisfied ”;
in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;
after subsection (6), insert—;
in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;
after subsection (7), insert—
In section 550ZC (power to seize items found during search under section 550ZA)—
in subsection (2) after “subsection (1)” insert “ to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) ”;
after subsection (6) insert—;
in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.
In section 550ZD (section 550ZC: supplementary)—
in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;
in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;
after subsection (2), insert—;
in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;
in subsection (4), after “(2)” insert “ , (2B) ”.
In section 569 of EA 1996, in subsection (2A) (regulations subject to affirmative procedure), for “550ZA or 550ZC” substitute “ 550ZA(3)(f) or 550ZC(7) ”.
In section 89 of EIA 2006 (determination by head teacher of behaviour policy), after subsection (4) insert—
Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.
In section 85AA (power of members of staff to search students for prohibited items: England), in subsection (3) (prohibited items), after paragraph (e) insert—.
In section 85AB (power of search under section 85AA: supplementary)—
in subsection (6)—
in paragraph (b), after “S” insert “ , unless the condition in subsection (6A) is satisfied ”;
in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;
after subsection (6), insert—;
in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;
after subsection (7), insert—
In section 85AC (power to seize items found during search under section 85AA)—
after subsection (6) insert—;
in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.
In section 85AD (section 85AC: supplementary)—
in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;
in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;
after subsection (2), insert—;
in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;
in subsection (4), after “(2)” insert “ , (2B) ”.
Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows.
Before section 52, insert—
In section 52 (exclusion of pupils)—
in subsection (1), after “maintained school” insert “ in Wales ”;
in subsection (2), after “pupil referral unit” insert “ in Wales ”;
in subsection (4)—
in paragraph (b), omit from first “(in” to “Wales)”;
in paragraph (c), omit “the Secretary of State or” and “as the case may be,”;
in the heading, at the end insert “ : Wales ”.
Schedule 1 (consequential amendments) has effect.
In section 92 of EIA 2006 (enforcement of disciplinary penalties: detention outside school sessions), in subsection (3)(d), after “that” insert “ , in relation to a pupil at a school in Wales, ”.
Section 248 of ASCLA 2009 (co-operation with a view to promoting good behaviour etc: England) is repealed.
Section 1 of THEA 1998 (the General Teaching Council for England) is amended as follows.
For subsection (1), substitute—
For subsection (3), substitute—
Omit subsection (10).
For the heading, substitute “ Aims and constitution of the Council ”.
In Part 8 of EA 2002 (teachers), after section 141 insert—
In EA 2002, after Schedule 11, insert—
In Part 8 of EA 2002 (teachers), after section 135 insert—
Subsections (2) to (9) apply to a disciplinary order made by the General Teaching Council for England (“the Council”) by virtue of Schedule 2 to THEA 1998 that is in force immediately before the commencement date.
A prohibition order is to be treated, after the commencement date, as if it were a prohibition order made by the Secretary of State under section 141B of EA 2002.
A conditional registration order is to continue in force for the period during which any condition specified in the order has effect, or, if any condition specified in the order has effect without limit of time, until such time as the order is revoked.
A suspension order is to continue in force until the later of—
the end of the suspension period specified in the order, and
the date on which the person to whom the order relates has complied with any condition specified in the order by virtue of paragraph 4(2) of Schedule 2 to THEA 1998.
Where a conditional registration order remains in force after the commencement date by virtue of subsection (3), sub-paragraphs (1) to (3) of paragraph 3 of Schedule 2 to THEA 1998 continue to apply to the order, but with the modification specified in subsection (6).
Sub-paragraph (1) of paragraph 3 is modified so that for the words “eligible for registration under section 3” there is substituted “ allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”.
Where a suspension order remains in force after the commencement date by virtue of subsection (4), sub-paragraphs (1) to (3) of paragraph 4 of Schedule 2 to THEA 1998 continue to apply to the order, but with the modifications specified in subsection (8).
Sub-paragraphs (1) and (2) of paragraph 4 are modified as follows—
in sub-paragraph (1)—
in paragraph (a), for the words “eligible for registration under section 3” there is substituted “ allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”;
paragraph (b) (and the “and” preceding it) is omitted;
in the words following paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”;
in sub-paragraph (2)—
in paragraph (a), for “become eligible again for registration under section 3” there is substituted “ be allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”;
in paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”.
Where a conditional registration order or a suspension order remains in force after the commencement date by virtue of subsection (3) or (4)—
any regulations under Schedule 2 to THEA 1998 that make provision about the variation or revocation of disciplinary orders continue to apply in relation to the order, but those regulations have effect as if functions conferred on the Council (or a committee of the Council) by the regulations had been transferred to the Secretary of State;
regulations under paragraph 6 of Schedule 2 to THEA 1998 (appeals against disciplinary orders to High Court) continue to apply;
the Secretary of State may consider an application to vary or revoke the order.
The Secretary of State may include on the list maintained under section 141C of EA 2002 (list of persons prohibited from teaching etc) any person in relation to whom a conditional registration order or a suspension order is in force.
Where immediately before the commencement date a teacher in England was the subject of an investigation by the Council (or a committee of the Council) by virtue of Schedule 2 to THEA 1998, the Secretary of State may continue the investigation and make a decision under section 141B of EA 2002.
In this section—
“disciplinary order”, “conditional registration order” and “suspension order” have the same meanings as in Schedule 2 to THEA 1998 (see paragraph 2(3)).
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Training and Development Agency for Schools.”
In section 1(3) of the Education (Fees and Awards) Act 1983 (institutions in respect of which regulations may provide for differential fees), in paragraph (e), for “support under section 78 of that Act from the Training and Development Agency for Schools” substituteassistance— .
Part 3 of SSFA 1998 (school admissions) is amended as follows. In section 88K (sections 88H to 88J: supplementary)— Section 88L (restriction on alteration of admission arrangements following adjudicator’s decision) is repealed.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “The Young People’s Learning Agency for England.”
In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), in subsection (3)(f), for “Young People’s Learning Agency for England” substitute “Secretary of State”.
In section 128 (dissolution of higher education corporations), in subsection (1)(b), omit sub-paragraph (iib).
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit “The Young People’s Learning Agency for England.”
In section 10 (co-operation to improve wellbeing), in subsection (9)(c), omit “66,”.
In section 123 of the Local Democracy, Economic Development and Construction Act 2009 (partner authorities), in subsection (4), omit paragraph (ga).
Schedule 2 (consequential amendments) has effect.
The Secretary of State may by order make changes in consequence of sections 7 to 10 to any provision of subordinate legislation made before the date on which this Act is passed.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
Schedule 3 (schemes for the transfer of staff, property, rights and liabilities from the General Teaching Council for England to the Secretary of State) has effect.
In Part 8 of EA 2002 (teachers), after section 141E (inserted by section 8), insert—
Schedule 4 (offence of breaching reporting restrictions: application to providers of information society services) has effect.
Sections 74 to 84 of, and Schedule 13 to, EA 2005 (the Training and Development Agency for Schools) are repealed.
Part 2 of EA 2002 (financial assistance for education and children etc) is amended as set out in subsections (2) and (3).
In section 14 (power of Secretary of State and Welsh Ministers to give financial assistance for purposes related to education or children etc)—
in subsection (2), after paragraph (c) insert—;
in subsection (2ZA), for “(2)(g)” substitute “ (2) ”.
In section 16 (terms on which assistance under section 14 is given)—
in subsection (1), after “appropriate” insert “ , subject to subsection (2B) ”;
in subsection (2)(b), after “appropriate” insert “ , subject to subsection (2B) ”;
after subsection (2) insert—
Part 3 of EA 2005 (training the school workforce) is amended as set out in subsections (5) to (9).
Before section 85 (and the italic heading preceding it), insert—
In section 92 (joint exercise of functions)—
in subsection (1), for “A funding agency” substitute “ The Secretary of State, HEFCW ”;
in subsection (2), omit “the other funding agency,”;
after subsection (2) insert—;
omit subsection (3).
In section 93 (efficiency studies)—
in subsection (1), for “A funding agency” substitute “ The Secretary of State and HEFCW ”;
in subsection (2), for “a funding agency” substitute “ the Secretary of State or HEFCW ”;
in subsection (3)(a), for “support under this Part from the Agency” substitute “ assistance under section 14 of the Education Act 2002 from the Secretary of State ”.
For section 94 (duty to provide information) substitute—
In section 100 (interpretation of Part 3)—
omit the definitions of “the Agency” and “a funding agency”;
in the definition of “the school workforce”, for “section 75(5)” substitute “ subsection (1A) ”;
in the definition of “training provider”, for “has the meaning given by section 78(3)” substitute “ means a person who provides training for members of the school workforce ”;
after subsection (1) insert—
Schedule 5 (abolition of the TDA: consequential amendments) has effect.
The Secretary of State may by order make changes in consequence of sections 14 and 15 to any provision of subordinate legislation made before the date on which this Act is passed.
The Welsh Ministers may by order make changes in consequence of sections 14 and 15, so far as applicable to Wales, to any provision of—
an instrument made under a Measure of the National Assembly for Wales before the date on which this Act is passed;
any other subordinate legislation made before the date on which this Act is passed, so far as applicable to Wales.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
Schedule 6 (schemes for the transfer of staff, property, rights and liabilities from the Training and Development Agency for Schools to the Secretary of State) has effect.
Sections 227 to 241 of, and Schedule 15 to, ASCLA 2009 (the School Support Staff Negotiating Body) are repealed.
In consequence of subsection (1), in the House of Commons Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), omit “Person appointed to chair the School Support Staff Negotiating Body.”
In section 35 of EA 2002 (staffing of community, voluntary controlled, community special and maintained nursery schools), in subsection (7) (effect of suspension of school's delegated budget), after “the School Standards and Framework Act 1998” insert “ , or section 66 of the Education and Inspections Act 2006, ”.
In section 36 of EA 2002 (staffing of foundation, voluntary aided and foundation special schools), in subsection (7) (effect of suspension of school's delegated budget), after “the School Standards and Framework Act 1998” insert “ , or section 66 of the Education and Inspections Act 2006, ”.
In Chapter 4 of Part 9 of EA 1996 (provision of information by governing bodies etc), after section 538, insert—
Schedule 7 (the Chief Regulator of Qualifications and Examinations) has effect.
In section 128 of ASCLA 2009 (Ofqual's objectives) for subsection (2) (the qualifications standards objective) substitute—
Part 7 of ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as set out in subsections (2) to (6).
In section 151 (power to give directions), for subsection (1) substitute—
After section 151 insert—
In section 152 (power to withdraw recognition), for subsection (2) substitute—
After section 152 insert—
In section 153 (qualifications regulatory framework), in subsection (8)(e), for “152” substitute “ 152C ”.
In section 262(6) of ASCLA 2009 (orders and regulations subject to affirmative resolution procedure), after paragraph (e) insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2 of Part 5 of EA 1997 (functions of Welsh Ministers: qualifications and the school curriculum) is amended as set out in subsections (2) to (6).
In section 32A (power to give directions), for subsections (1) and (2) substitute—
In section 32A(5), for “32B and” substitute “32AA to”.
After section 32A insert—
In section 32B (power to withdraw recognition)—
for subsection (2) substitute—;
for subsection (4) substitute—
After section 32B insert—
In section 54 of EA 1997 (orders and regulations)—
in subsection (2), after “section” insert “32AB(2) or”;
after subsection (2) insert—
Sections 175 to 191 of, and Schedule 11 to, ASCLA 2009 (the Qualifications and Curriculum Development Agency) are repealed.
Schedule 8 (abolition of the QCDA: consequential amendments) has effect.
The Secretary of State may by order make changes in consequence of section 25 to any provision of subordinate legislation made before the date on which this Act is passed.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
Schedule 9 (schemes for the transfer of staff, property, rights and liabilities from the QCDA to other persons) has effect.
Part 2 of ESA 2008 (education and training support services in England) is amended as set out in subsections (2) to (5).
Section 69 (Secretary of State directions in relation to education and training support services) is repealed.
In consequence of subsection (2)—
in section 68 (provision of support services by local authorities)—
omit subsection (2);
in subsection (3), omit “and section 69”;
in subsection (4), omit paragraph (a) (and the “and” after it);
in section 70(2) (local authorities: supplementary powers), omit “or 69”;
in section 71(8) (provision of support on conditional basis), for “68(2) and (4)” substitute “ 68(4) ”.
Section 73 (duty on schools and FE institutions to permit access by persons involved in providing education and training support services) is repealed.
In section 76A (supply of information obtained in connection with education and training support services), omit subsection (5) (information not to be disclosed in a way that reveals identity of individual to whom it relates).
In consequence of the amendment made by subsection (2), omit section 255(2) of ASCLA 2009.
Part 7 of EA 1997 (careers education and guidance) is amended as set out in subsections (2) to (8).
Before section 43 insert—
In section 43 (careers education in schools)—
in subsection (1), after “school” insert “ in Wales ”;
in subsection (2), omit paragraph (d) (but not the “and” after it);
omit subsections (2A) and (2B);
in subsection (3)—
omit “(and, where applicable, subsection (2B))”;
omit paragraph (b) (but not the “and” after it);
omit subsection (4);
in subsection (6)—
in the definition of “class”, for the words from “, in relation” to the end substitute “ has the same meaning as in section 42A; ”;
omit the definitions of “16-18 education or training” and “training”;
in the heading, at the end insert “ in Wales ”.
In section 44—
in subsection (8)(a), for “listed in section 43(2)(a) to (d)” substitute “ in Wales listed in section 43(2)(a) and (c) ”;
in subsection (8)(b), after “institutions” insert “ in Wales ”;
for subsection (9) substitute—;
in subsection (10)(a), after “a school” insert “ in Wales ”;
in subsection (10)(b), after “an institution” insert “ in Wales ”;
in the heading, after “institutions” insert “ in Wales ”.
In section 45 (provision of careers information at schools and other institutions)—
in subsection (2)(a), for “listed in section 43(2)(a) to (d)” substitute “ in Wales listed in section 43(2)(a) and (c) ”;
in subsection (2), omit the words from “and, in the case” to the end;
omit subsections (2A) and (2B);
for subsection (3) substitute—;
in subsection (5), for “ “careers education” and “16-18 education or training”” substitute “and “careers education””.
In section 45A (guidance as to discharge of duties)—
in subsection (1), for “43(2)(a), (c) or (e)” substitute “ 42A(2) ”;
in subsection (2), for “any of sections 43(3), 44(9) and 45(3)” substitute “ 42A(1) or (4) ”;
in the heading, at the end insert “ : schools in England ”.
In section 45B (provision of curriculum information), in the heading, at the end insert “ : Wales ”.
In section 46 (extension or modification of provisions of sections 43 to 45)—
in subsection (1), for the words from “43” to “44(10)(a)(i)” substitute “ 42A, 43 or 44 by substituting for the period specified in section 42A(6), 43(5) or 44(10)(a)(i) ”;
after subsection (2) insert—;
in subsection (3)(a), after “institutions” insert “ in Wales ”;
“careers guidance” has the same meaning as in section 42A;
In consequence of the amendments made by subsections (1) to (8), omit—
paragraph 71 of Schedule 9 to LSA 2000;
paragraph 8 of Schedule 7 to EA 2002;
section 81(2) and (3) of ESA 2008;
section 250 of ASCLA 2009.
In section 45 of ASCLA 2009 (local authority duties in relation to the core and additional entitlements), the provisions to be inserted into EA 1996 are amended as set out in subsections (2) to (6).
In the italic cross-heading above section 17A, for “core and additional entitlements” substitute “ core entitlement ”.
In section 17A (duties in relation to the core and additional entitlements)—
in subsection (1), for “core entitlement and the additional entitlement are” substitute “ core entitlement is ”;
omit subsections (2) to (5);
in subsection (7), omit the definitions of “additional entitlement area” and “the additional entitlement”;
omit subsection (8);
in subsection (9)—
for “references in subsections (1) and (2)” substitute “ reference in subsection (1) ”;
for “do” substitute “ does ”;
in the heading, for “core and additional entitlements” substitute “ core entitlement ”.
Omit section 17B (election for either core entitlement or additional entitlement).
In section 17C (the core entitlement)—
before subsection (1) insert—;
in subsection (1), for “electing for” substitute “ who has ”;
after subsection (4) insert—
Omit section 17D (the additional entitlement).
In section 48 of ASCLA 2009 (provision of education for persons subject to youth detention), in the section 18A to be inserted into EA 1996—
in subsection (2)(e), omit “and the additional entitlement” and “who have elected for them”;
for subsection (4) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (4)(h), omit “and the additional entitlement” and “who have elected for them”;
for subsection (8) substitute—
Section 74 of EIA 2006 (curriculum requirements for the fourth key stage) is amended as follows.
In subsection (1), in the new section 85A to be inserted into EA 2002—
in subsection (1), for the words from “do either of the following” to the end substitute “ follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as the pupil may choose. ”;
in subsection (2), for “(1)(a)” substitute “ (1) ”;
in subsection (4), for the words after “satisfied” substitute “ if a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to the pupil by or on behalf of the school at which the pupil is a registered pupil. ”;
in subsection (5), for “(1)(a) or (b)” substitute “ (1) ”;
in subsection (6), for the words after “means” substitute “ a course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act. ”
Omit subsection (3).
Section 30A of EA 2002 (duty of governing body of maintained school in England to prepare and publish school profile) is repealed.
In consequence of subsection (1), section 104 of EA 2005 (insertion of section 30A of EA 2002) is repealed.
Section 5 of EIA 2006 (requirement for local authority to appoint school improvement partner for each school they maintain) is repealed.
In consequence of subsection (1), in section 187(3) of EIA 2006 (provisions to be read as if they were contained in EA 1996), omit paragraph (a).
Part 3 of SSFA 1998 (school admissions) is amended as follows.
In section 85A (admission forums)—
in subsection (1)—
in the opening words, after “authority” insert “ in Wales ”;
at the end of paragraph (a), insert “ and ”;
omit paragraph (c) (and the “and” preceding it);
omit subsections (1A) to (1C);
in subsection (3), omit paragraph (ba) (but not the “and” following it);
omit subsection (3A);
omit subsections (5A) and (5B).
In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (3), omit paragraph (b) (and the “or” preceding it).
Section 88J (changes to admission arrangements by schools adjudicator) is repealed.
In section 88P (reports by local authorities)—
in subsection (1) for “prescribed” substitute “ required by the code for school admissions ”;
omit subsections (4) and (5).
Schedule 10 (consequential amendments) has effect.
Part 9 of EA 1996 (ancillary functions) is amended as follows.
In section 512ZA (power to charge for meals etc)—
after subsection (1) insert—;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 533 (functions of governing bodies of maintained schools with respect to provision of school meals etc)—
after subsection (3) insert—;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 88H of SSFA 1998 (reference of objections to adjudicator) is amended as set out in subsections (2) to (6).
In subsection (2)—
in paragraph (a), for “an appropriate person” substitute “ a body or person ”;
after “that” insert “ body or ”.
Omit subsection (3).
In subsection (4) omit “or (3)”.
In subsection (5)—
in paragraph (a)(i) omit “or (3)”;
in paragraph (a)(ii) for “(3)” substitute “ (2) ”;
in paragraph (c) omit “or (3)”;
in paragraph (d) omit “or (3)”.
Omit subsection (6).
In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for subsection (2)(b) substitute—
Schedule 11 (establishment of new schools) has effect.
Section 19 of EA 2002 (governing bodies) is amended as follows.
After subsection (1) insert—
In subsection (2), after “governing body” insert “ of a maintained school in Wales ”.
After subsection (4) insert—
Sub-paragraph (1) does not apply if— “Federation” and “federated school” have the meanings given by section 24(2).
Part 1 of EA 2005 (school inspections and other inspections by school inspectors) is amended as set out in subsections (2) to (8).
In section 5 (duty to inspect certain schools at prescribed intervals)—
in subsection (2), for “subsection (3)” substitute “ subsections (3) and (4A) ”;
after subsection (4), insert—
In section 6 (duty to notify parents of section 5 inspection), in subsection (1)—
omit “to which section 5 applies”;
for “that section” substitute “ section 5 ”.
In section 8 (other inspections), at the end insert—
In section 9 (power of Chief Inspector to treat other inspection as section 5 inspection)—
the existing provision is renumbered subsection (1);
at the end insert—;
in the heading, for “of Chief Inspector” substitute “ or duty ”.
“exempt school” has the meaning given in section 5(4B);
In section 15 (measures to be taken by local authority), in subsection (2C) for the words from “in respect of” to the end substitute “ which is not treated as a section 5 inspection by virtue of section 9 ”.
In section 17 (statement to be prepared by proprietor of school), in subsection (1D) for the words from “in respect of” to the end substitute “ which is not treated as a section 5 inspection by virtue of section 9 ”.
In section 121 of EA 2005 (parliamentary control of subordinate legislation)—
in subsection (2)(a), after “subsection” insert “ (2A) or ”;
after subsection (2) insert—
In section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals), for subsections (5) and (5A) (matters for report), substitute—
In consequence of subsection (1), section 154 of EIA 2006 (amendments of section 5(5) of EA 2005) is repealed.
Chapter 3 of Part 8 of EIA 2006 (inspection of further education and training etc) is amended as set out in subsections (2) to (10).
In section 125 (inspection of further education institutions)—
in subsection (1), at the end insert “ subject to subsection (1A) ”;
after that subsection insert—;
in subsection (2), for “The inspections” substitute “ Inspections under subsection (1) ”.
Section 126 (other inspections) is amended as set out in subsections (4) to (9).
After subsection (1), insert—
After subsection (2) insert—
In subsection (3), after “this section” insert “ conducted in any other case ”.
In subsection (4), after “subsection (1)” insert “ or (1A) ”.
After subsection (5) insert—
At the end, insert—
In section 127 (action plans), in subsection (1) at the end insert “ or (1A) ”.
In section 182 of EIA 2006 (parliamentary control of orders and regulations)—
in subsection (2), after paragraph (a) insert—;
after subsection (2) insert—;
in subsection (3), after paragraph (a) insert—.
Part 12 of the Children Act 1989 (miscellaneous and general) is amended as follows.
In section 87 (welfare of children in boarding schools and colleges)—
after subsection (1), insert—;
in subsection (3), for “he is accommodated” substitute “ accommodation for the child is provided ”;
after subsection (3), insert—;
in subsection (5), for “its duty” substitute “ any of its functions ”;
in subsection (9A), for “he is accommodated” substitute “ accommodation for the child is provided ”.
In section 87A (suspension of duty under section 87(3))—
in subsection (1)(b), for “they are accommodated” substitute “ accommodation for the children is provided ”;
after subsection (4) insert—
After section 87B insert—
In section 87C (boarding schools: national minimum standards), in subsection (1), for “in” substitute “ by ”.
Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.
In section 68 (power of Secretary of State to direct closure of school), in subsection (1), for “by virtue of section 62 (school requiring special measures)” substitute “ other than by virtue of section 60A ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit subsection (5);
for subsection (9) substitute—;
in subsection (10), for “Subsection (8)(b) applies” substitute “Subsections (8)(b) and (9A)(b) apply”;
after subsection (10) insert—;
for the heading, substitute “Power of Secretary of State to direct local authority to give performance standards and safety warning notice”.
Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are repealed.
In consequence of subsection (1)—
in section 409 of EA 1996 (complaints and enforcement: maintained schools)—
in subsection (1), after “authority” insert “ in Wales ” and after “schools” insert “ in Wales ”;
in subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”;
in the heading, after “schools” insert “ in Wales ”;
in section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions), omit subsections (3) and (4);
in section 497 of EA 1996 (Secretary of State's general default powers), omit subsections (4) and (5);
in paragraph 6 of Schedule 1 (pupil referral units: complaints)—
in sub-paragraph (3), after “local authority” insert “ in Wales ” and after “unit” insert “ in Wales ”;
in sub-paragraph (4), for “Secretary of State” substitute “ Welsh Ministers ”, after “any local authority” and “a local authority” insert insert “ in Wales ”, and after “pupil referral unit” insert “ in Wales ”;
in paragraph 1 of Schedule 4 to the Local Government Act 1974 (disqualifications from acting as Local Commissioner or investigating complaint), omit sub-paragraphs (2C) and (2D);
in section 262(6) of ASCLA 2009 (statutory instruments subject to affirmative procedure), omit paragraph (f);
in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7 (complaints);
section 22 of CSFA 2010 (amendments of sections 207 and 216 of ASCLA 2009) is repealed.
The Secretary of State may by a direction revise the whole or any part of a scheme maintained by a local authority in England as from such date as may be specified in the direction. Before giving such a direction the Secretary of State must consult the local authority and such other persons as the Secretary of State thinks fit.
Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as follows.
After subsection (7), insert—
In subsection (8), after “maintained school” insert “ in Wales ”.
Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.
In subsection (4), after paragraph (a) insert—.
In subsection (5), for “subsection (6)” substitute “ subsections (6) and (6A) ”.
After subsection (6), insert—
Schedule 12 (further education institutions: amendments) has effect.
Section 45 of SSFA 1998 (financing of maintained schools: maintained schools to have budget shares) is amended as follows.
In subsection (1A), omit “or” at the end of paragraph (b), and after paragraph (c) insert, or
In subsection (3)—
in paragraph (a), after “pupil referral units” insert “ in Wales ”;
after paragraph (a) insert—.
ASCLA 2009 is amended as set out in subsections (2) and (3).
In section 249 (short stay schools: miscellaneous)—
omit subsections (1) and (2) (change of name from pupil referral unit to short stay school);
for the heading, substitute “ Regulations about pupil referral units ”.
For the italic cross-heading above section 249, substitute “ Pupil referral units ”.
In Schedule 1 to EA 1996 (pupil referral units), in paragraph 3A—
in sub-paragraph (a), for “short stay school” substitute “ pupil referral unit ”;
in sub-paragraph (b), for “short stay schools”, in both places where it occurs, substitute “ pupil referral units ”.
In section 1(6) of AA 2010 (Academy arrangements: characteristics of Academy) omit paragraph (b) (curriculum to have emphasis on particular subject area).
Section 1 of AA 2010 (Academy arrangements) is amended as set out in subsections (2) to (6).
For subsection (5) substitute—
Omit subsection (6).
In subsection (7), for “a school within subsection (5)(a)(i)” substitute “ an educational institution within section 1A(1) ”.
In subsection (9), for “school” (in both places) substitute “ institution ”.
In subsection (10), for “A school” substitute “ An educational institution ”.
After section 1 of AA 2010 insert—
Schedule 13 (16 to 19 Academies and alternative provision Academies: consequential amendments) has effect.
The Secretary of State may by order make further changes in consequence of section 53 to any provision of—
an Act passed before, or in the same Session as, this Act;
subordinate legislation made before the date on which this Act is passed.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
Section 4 of AA 2010 (Academy orders) is amended as follows.
After subsection (1), insert—
In subsection (4)—
at the end of paragraph (a), omit “and”;
at the end insert, and
In subsection (5)—
at the end of paragraph (a), omit “and”;
at the end insert, and
At the end, insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AA 2010 is amended as follows.
In section 3 (application for Academy order) after subsection (5) insert—
In section 4 (Academy orders), in subsection (1)(a), for “the governing body of the school make an application” substitute “ an application in respect of the school is made ”.
In section 7 (transfer of school surpluses)—
in subsection (6)(a), after “made available” insert “ in respect of the school ”;
in subsection (6), at the end, insert “ This subsection is subject to subsection (9). ”;
in subsection (7), for “to a school's” substitute “in respect of a school to the school's”;
after subsection (8) insert—
“federated school” has the meaning given by section 24(2) of EA 2002;
In section 6 of AA 2010 (effect of Academy order), after subsection (2) insert—
Section 8 of AA 2010 (transfer of other property) is amended as follows.
For subsection (2) substitute—
In subsections (3) to (10), for “property transfer scheme” (in each place) substitute “ transfer scheme ”.
In subsection (4), for “the proprietor of the Academy” substitute “ a person concerned with the running of the Academy ”.
For the heading substitute “ Transfer schemes: other property, rights and liabilities ”.
For section 9 of AA 2010 (impact: additional schools) substitute—
For section 10 of AA 2010 (consultation: additional schools) substitute—
After section 10 of AA 2010 insert—
Part 5A of SSFA 1998 (employment of teachers at independent schools having a religious character) is amended as set out in subsections (2) and (3).
In section 124A (employment of teachers at independent schools having a religious character), in subsection (1), at the end insert “ , other than an Academy to which section 124AA applies ”.
After section 124A, insert—
In consequence of the amendments made by subsections (2) and (3)—
in the title to Part 5A of SSFA 1998, for “Employment of Teachers” substitute “ Teachers and Staff ”;
in section 138 of SSFA 1998 (orders and regulations), in subsection (2)(a), after “111(3)(a)” insert “ , 124AA(2) ”;
in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational appointments etc based on religious belief), at the end insert—
Schedule 14 (Academies: land) has effect.
Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements) is amended as follows.
In section 88 (admission authorities and admission arrangements)—
in subsection (1), omit the “and” at the end of paragraph (a);
in that subsection, at the end, insert; and ;
in subsection (2), omit “maintained”.
In section 88H (reference of objections to adjudicator), after subsection (1) insert—
In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (1)—
after “determined” insert— ;
at the end insert, or
In section 88K (sections 88H and 88I: supplementary)—
in subsection (4)(a), after “England” insert “ or an Academy ”;
in subsection (5), for the words from “means” to the end substitutemeans—
Schedule 15 (Academies: minor amendments) has effect.
Sections 60 to 80 of, and Schedule 3 to, ASCLA 2009 (the Young People's Learning Agency for England) are repealed.
Schedule 16 (abolition of the YPLA: consequential amendments) has effect.
The Secretary of State may by order make further changes in consequence of section 66 to any provision of subordinate legislation made before the date on which this Act is passed.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
Schedule 17 (schemes for the transfer of staff, property, rights and liabilities from the Young People's Learning Agency for England to other persons) has effect.
ASCLA 2009 is amended as follows.
After section 83 insert—
Schedule 18 (consequential amendments) has effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as follows.
In section 85 (encouragement of training provision etc for persons within section 83)—
for subsection (1)(a) substitute—;
in subsection (1)(b), for “training within the Chief Executive’s remit” substitute “apprenticeship training”;
in subsection (2), after “provision of” insert “apprenticeship”;
in the heading, for “Encouragement of training provision etc for persons within section 83” substitute “Provision of apprenticeship training etc for persons within section 83 or 83A”.
In section 118 (guidance by Secretary of State), after subsection (1) insert—
ASCLA 2009 is amended as follows.
In section 5 (issue of certificates by the English certifying authority: supplementary), in subsection (3), for the words from “the English certifying authority” to the end substitute “ a person supplying a copy of an apprenticeship certificate to charge a fee for doing so. ”
For section 6 (apprenticeship certificates: the English certifying authority) substitute—
“English certifying authority”, in relation to an apprenticeship certificate of any description, has the meaning given by section 6(1);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as follows.
In section 88 (learning aims for persons aged 19 or over: payment of tuition fees)—
in subsection (1), for “paragraph 1” substitute “ paragraph 1(a) or (b) ”;
after subsection (2), insert—;
in subsection (4)(a), for “25” substitute “ 24 ”.
Sections 112 to 114 (Secretary of State's power to specify bodies to formulate strategy for the Chief Executive) are repealed.
In section 173 of ESA 2008 (commencement), for subsections (9) and (10) substitute—
In Chapter 2 of Part 9 of EA 1996 (ancillary functions of local authorities) after section 532 insert—
In section 568 of EA 1996 (orders)—
in subsection (3), after “other than” insert “ an order to which subsection (3A) applies or ”;
after subsection (3) insert—
The provisions inserted into EA 1996 by subsections (1) and (2) are repealed at the end of four years beginning with the day on which this Act is passed.
In section 22 of THEA 1998 (financial support for students), in subsection (4) (interest rates on loans), for paragraph (a) (but not the “and” after it) substitute—.
In consequence of subsection (1)—
in section 22 of THEA 1998, omit subsections (8) and (9);
in section 2 of the Sale of Student Loans Act 2008 (sale of student loans: supplemental), in subsection (5), omit paragraph (d) (but not the “and” after it).
This section applies in relation to a student who begins a course on or after 1 September 2012, except in such circumstances as may be prescribed.
In subsection (3) “prescribed”—
in relation to England, means prescribed by regulations made by the Secretary of State;
in relation to Wales, means prescribed by regulations made by the Welsh Ministers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 41(1) of HEA 2004 (interpretation of Part 3: student fees and fair access), in the definition of “course”, omit “part-time or”.
This section applies in relation to a part-time course that a student begins on or after 1 September 2012, except in such circumstances as may be prescribed.
In subsection (2) “prescribed”—
in relation to England, means prescribed by regulations made by the Secretary of State;
in relation to Wales, means prescribed by regulations made by the Welsh Ministers.
A power to make an order or regulations under this Act is exercisable by statutory instrument.
A power to make an order or regulations under this Act (except a power conferred by section 82) includes power—
to make different provision for different purposes (including different areas);
to make provision generally or in relation to specific cases;
to make incidental, consequential, supplementary, transitional, transitory or saving provision.
Subject to subsection (4), a statutory instrument containing an order or regulations made by the Secretary of State under this Act (other than an order under section 82) is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument which contains (alone or with other provision) an order under section 54(2) which amends or repeals any provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order or regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this Act—
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2, omit “General Teaching Council for England.”
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) omit “Training and Development Agency for Schools.”
Part 1 of EA 1994 (teacher training) is amended as follows.
Section 26 of THEA 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows. In subsection (3)— In subsection (11)—
In section 145 of EA 2002 (specification of qualification or course)—
in subsection (1)(c), omit “the Training and Development Agency for Schools,”;
in subsection (3), omit “the Training and Development Agency for Schools or”.
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act), under the heading “Offices” at the appropriate place insert “ The Chief Regulator of Qualifications and Examinations. ”
In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which superannuation schemes may be made), omit “General Teaching Council for England.”
Section 11A (general duty of Secretary of State and Welsh Ministers with respect to teacher training) is repealed.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), after “The Chief Regulator of Qualifications and Examinations” insert “ , the chair of the Office of Qualifications and Examinations Regulation ”.
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) in Part 3, omit “Any member of the General Teaching Council for England in receipt of remuneration.”
In section 18B (inspection of teacher training), in subsections (3) and (8), for “Training and Development Agency for Schools” substitute “ Secretary of State ”.
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), after “The Chief Regulator of Qualifications and Examinations” insert “ , the chair of the Office of Qualifications and Examinations Regulation ”.
In section 50 of the Employment Rights Act 1996 (right to time off for public duties), in subsection (9) (definition of “relevant education body”) omit paragraph (i) (but not the “or” following it).
In section 18C (inspection of teacher training in Wales), in subsection (12)(b), omit “or the Training and Development Agency for Schools”.
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 omit “The General Teaching Council for England.”
In section 343 of the Income Tax (Earnings and Pensions) Act 2003 (deductions allowed from earnings: professional membership fees), in the Table in subsection (2), in part 7 omit paragraph (a) (fee for registration by the GTCE).
The Safeguarding Vulnerable Groups Act 2006 is amended as follows. In section 41 (registers: duty to refer), in the table in subsection (7), in entry 1, for the entry in column 2 substitute “ The General Teaching Council for Wales ”. In section 45 (supervisory authorities: duty to refer), in subsection (7), after paragraph (a) insert—. In Schedule 3 (barred lists), in paragraph 16 (representations), in sub-paragraph (4)— In Schedule 8 (transitional provision), in paragraph 2 (existing restrictions relating to children)—
Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) is amended as follows.
In this Schedule—
“the TDA” means the Training and Development Agency for Schools.
EA 1996 is amended as follows.
Section 145B of the Government of Wales Act 1998 (studies at request of educational bodies) is amended as follows. In the Table in subsection (1), omit the entry for a training provider receiving financial support under section 78 of the Education Act 2005. Omit subsection (1A). In subsection (2), for “Subsections (1) and (1A) do” substitute “ Subsection (1) does ”. In subsection (3), omit “or (1A)”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may make a scheme (a “staff transfer scheme”) providing— A staff transfer scheme may provide for a period before the employee became a member of the Crown employer's staff to count as a period during which the employee was a member of the Crown employer's 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 the employee not to become a member of the Crown employer's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee. A staff transfer scheme may provide for a person who would be treated (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 an employee of the QCDA to become a member of the Crown employer's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.
In this Schedule—
Part 2 of EIA 2006 (establishment, discontinuance and alteration of schools) is amended as follows.
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) omit “The Young People’s Learning Agency for England.”
In section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education), in subsection (9), in paragraph (c) of the definition of “the responsible authority”—
omit “, the Young People’s Learning Agency for England”;
omit “, Young People’s Learning Agency for England”.
Group 6 of Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions: education) is amended as follows. In item 5A— After item 5A insert— In note (5A), for “item 5A” substitute “items 5A and 5B”. In item 5B, “subject to learning difficulty assessment” has the same meaning as in the Education Act 1996.
LSA 2000 is amended as follows.
EIA 2006 is amended as follows.
ESA 2008 is amended as follows.
In section 398 (no requirement of attendance at Sunday school etc), in subsection (2), for “75(5) and 96(1)” substitute “ 96(1) and 100 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before section 7 insert—
In section 98 (approved qualifications: England), omit subsections (7) and (8).
Section 123 (inspection of further education and training: education and training to which Chapter applies) is amended as follows. In subsection (1), in paragraphs (b), (c) and (g), for “YPLA” substitute “Secretary of State”. In subsection (3)(a), omit “61(4)(f) or”.
In section 13 (notification of non-compliance with section 2 duty), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “Young People’s Learning Agency for England” substitute “Secretary of State”.
In section 450 (prohibition of charges for admission), in subsection (3), for “75(5) and 96(1)” substitute “ 96(1) and 100 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 7 (invitation for proposals for establishment of new schools)—
in subsection (1), after “may” insert “with the consent of the Secretary of State”;
in subsection (5), omit paragraph (b) and the “and” immediately before it;
omit subsection (5A);
in subsection (6), insert “and” at the end of paragraph (a) and omit paragraph (c) and the “and” immediately before it.
Section 144 (designated institutions: disposal of land, etc) is amended as follows. In subsection (4)(b), for sub-paragraphs (i) and (ii) substitute— After subsection (4) insert— In subsection (9)(a), for “Young People’s Learning Agency for England” substitute “Secretary of State”.
In section 124 (inspection of education and training to which Chapter applies), in subsection (5), omit paragraph (b).
In section 72 (educational institutions: duty to provide information), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “Young People’s Learning Agency for England” substitute “Secretary of State”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 7 insert—
In Schedule 9 (amendments), omit paragraph 14.
In section 125 (inspection of further education institutions), in subsection (5), omit paragraph (b).
In section 77 (supply of information by public bodies), in subsection (2)(b), for “Young People’s Learning Agency for England” substitute “Secretary of State”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8 (proposals under section 7 relating to community or community special schools) is repealed.
In section 126 (other inspections), in subsection (4), omit paragraph (b).
In section 132 (providers of independent education or training for 16 to 18 year olds), in subsection (2)(b)(iv), for “Young People’s Learning Agency for England” substitute “Secretary of State”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after “1992 Act” insert “, the Education Act 2002”;
for “, the Higher Education Funding Council for Wales or the Training and Development Agency for Schools” substitute “or the Higher Education Funding Council for Wales”;
in paragraph (a), for “under section 23 imposed” substitute “or terms imposed by virtue of section 23”;
in paragraph (c), for “that Agency” substitute “the Secretary of State”.
Section 10 (publication of proposals with consent of Secretary of State) is amended as follows. In subsection (1), for the words from “(otherwise” to the end substitute a new community, community special, foundation or foundation special school, which— In subsection (2)—
In section 128 (area inspections), in subsection (3)(a), for “YPLA” substitute “Secretary of State”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 11 (publication of proposals to establish maintained schools: special cases) is amended as follows. Before subsection (1) insert— After subsection (1) insert— In subsection (2)— After subsection (2) insert— In subsection (3), after “voluntary” insert “controlled”. In subsection (7), after “subsection” insert “(1A) or”. For subsection (9) substitute—
In section 129 (reports of area inspections), in subsection (2), omit paragraph (b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 11A(1) (restriction on power of governing body to make proposals), for “11(2)” substitute “11(1A) or (2)”.
Section 130 (action plans following area inspections) is amended as follows. In subsection (2), for “a relevant body” substitute “the Chief Executive”. In subsections (4) and (5), for “body” substitute “Chief Executive”. Omit subsection (6).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 12 (establishment of school as a federated school), in subsection (1), after “new” insert “maintained”.
In section 159(1) (interpretation of Part 8), omit the definition of “the YPLA”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 2 (consideration, approval and implementation of proposals for establishment or discontinuance of schools in England) is amended as follows. After paragraph 3 insert— In paragraph 4(a) (references to persons by whom proposals under section 7 are made), omit “or in the case of proposals published by the relevant authority under subsection (5)(b) of that section, by the relevant authority,”. In paragraph 5(b) (requirement to forward objections and comments made in relation to proposals)— In the heading to Part 2, omit “by Local Authority or Adjudicator”. For the heading before paragraph 6 substitute “Consideration of proposals”. Before paragraph 6 insert— In paragraph 6 (proposals under section 7, 10 or 11 requiring consideration under paragraph 8), omit “7,”. After paragraph 7 insert— Omit the heading before paragraph 8. 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 paragraph 10(1) (duty to refer to adjudicator certain proposals made by or involving relevant authority), for paragraph (a) substitute—. In paragraph 12 (duty to refer proposals to adjudicator in pursuance of direction of Secretary of State)— In paragraph 13 (duty to refer proposals to adjudicator where determination delayed), in paragraph (a), after “section 7” insert “and which require consideration under paragraph 8”. Omit paragraph 18 and the heading before it (consultation in respect of proposals to establish Academy). In paragraph 19(4) (determination whether or not to implement proposals under section 15 not requiring consideration under paragraph 8)— Omit paragraph 27 (proposals relating to Academy: implementation).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit “78 or”;
after “2005 Act,” insert “or financial assistance under section 14 of the Education Act 2002,”.
“the GTCE” means the General Teaching Council for England.
In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) omit “Training and Development Agency for Schools.” and “Teacher Training Agency.”
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Training and Development Agency for Schools in receipt of remuneration.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit “The Teacher Training Agency.” and “The Training and Development Agency for Schools.”
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) omit “The Qualifications and Curriculum Development Agency.”
The Childcare Act 2006 is amended as follows.
In the heading above paragraph 14, at the end insert “ : Wales ”.
In section 42(2) (persons on whom order specifying assessment arrangements may confer or impose functions) omit paragraph (d) (but not the “and” immediately after it).
In paragraph 14 (exclusions)—
in sub-paragraph (1), at the end insert “ that are made in relation to schools in Wales ”;
for sub-paragraph (4), substitute—;
in sub-paragraph (5), omit paragraph (b).
Section 46 (power to enable exemptions from learning and development requirements to be conferred) is amended as follows. In subsection (1B) for “the reviewing body” substitute “ a person designated by the Secretary of State for the purposes of this subsection ”. Omit subsection (1C). In subsection (1D) for “subsection (1C)” substitute “ subsection (1B) ”.
“the QCDA” means the Qualifications and Curriculum Development Agency.
In section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)(e)—
for “appeal” substitute “ review ”;
for “section 52” substitute “ section 51A ”.
ASCLA 2009 is amended as follows.
In section 31A of that Act (consideration of adverse reports), in subsection (3)(c), for “exclusion appeal panel” substitute “ exclusion review panel ”.
In section 129(4) (persons who provide information to which Ofqual required to have regard) omit paragraph (a).
Section 173 and Schedule 10 (QCDA staff and property transfer schemes) are repealed.
In paragraph 8 of Schedule 5 (learning aims for persons aged 19 or over: persons who provide advice or information to which Secretary of State may have regard) omit paragraph (b) (but not the “or” immediately after it).
In consequence of the amendments made by the other provisions of this Schedule, in Schedule 12 (Ofqual and the QCDA: minor and consequential amendments), omit the following provisions: paragraphs 1, 2(3), 3, 4, 5(2), 7, 10, 20, 30, 33, 34, 36(2), 37 and 43.
“EIA 2006” means the Education and Inspections Act 2006;
“the GTCE” means the General Teaching Council for England.
THEA 1998 is amended as follows.
The Secretary of State may make a scheme (a “staff transfer scheme”) providing— A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State's staff to count as a period during which the employee was a member of the Secretary of State's 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 the employee not to become a member of the Secretary of State's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee. A staff transfer scheme may provide for a person who would be treated (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 an employee of the TDA to become a member of the Secretary of State's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
In the heading to Chapter 1, for “Councils” substitute “ Council for Wales ”.
In the italic cross-heading above section 1, for “England” substitute “ Wales: aims and constitution ”.
In the italic cross-heading above section 2, for “England” substitute “ Wales ”.
In section 2, in the heading, for “General Teaching Council for England” substitute “ the Council ”.
In the italic cross-heading above section 8, at the beginning insert “ Establishment of ”.
In section 8 (the General Teaching Council for Wales)—
in subsection (2), omit “as it has effect in relation to the Council,”;
omit subsections (3) to (6);
in the heading, at the beginning insert “ Establishment of ”.
In section 9 (functions of the General Teaching Council for Wales: general)—
omit subsection (1);
in subsection (2), for “the General Teaching Council for Wales” substitute “ the Council ”.
In section 12 (deduction of fees from salaries, etc)—
in subsection (1)(b), omit “relevant”;
in subsection (3), in paragraphs (b) and (c), omit “relevant”;
in subsection (4), omit the definition of “relevant Council”.
In section 14 (supply of information relating to teachers: general)—
for subsection (1) substitute—
in subsection (2), for “Each of those Councils” substitute “ The Council ”;
in subsection (3), for “either” substitute “ the ”;
omit subsection (4).
In section 15 (supply of information following dismissal, resignation, etc)—
omit subsection (2);
in subsection (3)—
omit the words from the beginning to “in Wales,”;
for “the General Teaching Council for Wales” substitute “ the Council ”.
in subsection (5), in the definition of “relevant employer”, at the end of each of paragraphs (a), (b), (c) and (d) insert “ in Wales ”.
In section 15A (supply of information by contractor, agency, etc)—
in subsection (2), for “Subsections (3) and (4) apply” substitute “ Subsection (4) applies ”;
omit subsections (3), (5) and (7);
in subsection (4)—
omit the words from the beginning to “in Wales,”;
for “the General Teaching Council for Wales” substitute “ the Council ”.
In the italic cross-heading above section 19, at the end insert “ : teachers in Wales ”.
In section 19 (requirement to serve induction period)—
in subsection (1), after “schools” insert “ in Wales ”;
in subsection (2)(i), for “either the Council or the General Teaching Council for Wales” substitute “ the Council ”;
in subsection (3)—
omit the words from the beginning to “established,”;
for “one or both of those Councils (as appropriate)” substitute “ the Council ”;
in subsection (4)(b), omit “or the General Teaching Council for Wales”.
In section 42 (orders and regulations)—
omit subsection (3);
in subsection (9)—
omit the words from the beginning to “established,”;
omit “to which the regulations will relate”.
Schedule 1 is amended as follows. In the title, for “England” substitute “ Wales ”. In paragraph 2, omit sub-paragraph (3). In paragraph 4(1)— For paragraph 4(2) substitute— In paragraph 4(3), for “the Secretary of State” substitute “ they ”. In paragraph 4(4), for “the Secretary of State” substitute “ they ”. In paragraph 5, omit sub-paragraph (4). In paragraph 6— In paragraph 11, omit sub-paragraph (1).
Regulations may also make provision for securing that any prohibition order made by virtue of Schedule 11A to the Education Act 2002 in relation to a teacher in England has a corresponding effect in relation to Wales.
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of the Council), in paragraph 15 (education), after sub-paragraph (a), insert—.
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the TDA to the Secretary of State of designated property, rights or liabilities. A property transfer scheme may— The things that may be transferred by a property transfer scheme include—
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;
Part 3 of SSFA 1998 (school admissions) is amended as follows. Section 85B (functions of admission forums in relation to Academies) is repealed. In section 88F (sections 88C to 88E: supplementary), in subsection (3), omit paragraph (f) (but not the “and” following it). In section 88Q (reports under section 88P: provision of information), in subsection (2), omit paragraph (b).
In Schedule 7 to the Safeguarding Vulnerable Groups Act 2006 (vetting information), in the table in paragraph 1, in column 1 of entry 18—
omit “61 or”;
after “2009” insert “, section 14 of the Education Act 2002”.
A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the YPLA before the transfer takes effect.
In EA 2002, section 66 (insertion of section 85B of SSFA 1998: admissions forums in relation to Academies) is repealed.
In EIA 2006, in section 41 (role of admissions forums), omit subsections (1) to (6) (amendments to section 85A of SSFA 1998).
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
This Act extends to England and Wales only, subject to subsections (2) and (3).
This Part extends to the whole of the United Kingdom.
An amendment or repeal made by this Act has the same extent as the provision to which it relates.
The following provisions come into force on the day on which this Act is passed—
section 33;
section 40(1) to (3) and (5) to (9);
section 41;
section 42(1) to (7) and (9) to (11);
section 58;
section 75;
sections 76 and 77;
this Part.
The following provisions come into force at the end of two months beginning with the day on which this Act is passed—
section 6;
sections 30 and 31;
section 47;
section 48;
section 61.
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
The Secretary of State must exercise the power conferred by subsection (3) so as to secure that, subject to any provision made by virtue of subsection (7), sections 69 and 70 and Schedule 18 are in force no later than the day after the day which is the school leaving date for 2013.
Before making an order bringing section 13 into force, the Secretary of State must consult the Welsh Ministers.
Before making an order bringing sections 14 to 17 into force, the Secretary of State must obtain the consent of the Welsh Ministers.
An order under this section may—
appoint different days for different purposes (including different areas);
contain transitional, transitory or saving provision in connection with the coming into force of this Act.
This Act may be cited as the Education Act 2011.
This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.
Section 4
In section 177 of the Local Government Act 1972 (provisions supplementary to provisions on allowances), in subsection (1A)—
before paragraph (c) insert—;
in paragraph (c), for the words from “the Education Act” to the end substitute “ that Act (allowances for exclusion appeal panels: Wales); and ”.
EA 1996 is amended as follows.
A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the TDA before the transfer takes effect.
EIA 2006 is amended as follows.
FHEA 1992 is amended as follows.
In section 444ZA (application of section 444 to alternative educational provision), in subsection (1D), in paragraph (a), for “section 52” substitute “ section 51A ”.
In section 74(1) (curriculum requirements for the fourth key stage)—
in the new section 85 to be inserted into EA 2002, in subsection (6) for “Qualifications and Curriculum Authority” substitute “ Secretary of State ”;
in the new section 85A to be inserted into that Act, in subsection (5) omit “or the Qualifications and Curriculum Authority”.
After section 16 insert—
In Schedule 35B (meaning of “eligible child” for purposes of school travel arrangements), in paragraph 8(2)(b), for “section 52” substitute “ section 51A ”.
Section 19 (supplementary powers of further education corporations) is amended as follows. In subsection (4)(c), for “27” substitute “27C or 33P”. In subsection (4A), after “exercised” insert “by a further education corporation in Wales”. In subsection (4AA), after “exercised” insert “by a further education corporation in Wales”. In subsection (4AB), for “appropriate authority consents” substitute “Welsh Ministers consent”. Omit subsection (4AC). In subsection (4B)— In subsection (4C), omit “the Chief Executive or” and “(as the case may be)”. In subsection (5)—
Section 19A (duty in relation to promotion of well-being of local area) is repealed.
In section 20 (constitution of further education corporation and conduct of further education institution), for subsection (2) substitute—
For section 22 substitute—
For section 27 substitute—
For section 29 substitute—
In section 30 (special provision for certain institutions), in subsection (1) for “section 29” substitute “sections 29 to 29C”.
In section 31 (designated institutions conducted by companies), omit subsection (2A)(a).
Section 33C (establishment of new bodies corporate as sixth form college corporations) is amended as follows. In subsection (2), for “the responsible local authority” substitute “a person or body (“the proposer”)”. In subsection (3)(a), for “authority have” substitute “proposer has”. In subsection (3)(c)—
In section 33E (principal powers of a sixth form college corporation), in subsection (2), after “subsection (1)” insert “and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A)”.
In section 33F (supplementary powers of a sixth form college corporation)—
in subsection (6)(e)(ii), for “27” substitute “27C or 33P”;
omit subsection (7);
in subsection (10), omit “or section 33G”.
Section 33G (restrictions on exercise of supplementary powers of sixth form college corporations) is repealed.
Section 33H (duty in relation to promotion of well-being of local area) is repealed.
In section 33I(2) (instrument and articles of government of sixth form college corporations)—
in paragraph (a), after “requirements of” insert “Part 2 of”;
for paragraph (b) substitute—
Section 33J (special provision for certain institutions) is amended as follows. After subsection (1) insert— In subsection (3)—
In section 33K (instrument and articles of new sixth form college corporation)—
in subsection (1), for “YPLA” substitute “Secretary of State by order”;
for subsection (2) substitute—
For section 33L substitute—
For section 33N substitute—
In section 38 (payments in respect of loan liabilities), in subsection (2), for “YPLA” in both places substitute “Secretary of State”.
Section 49A (guidance about consultation with students and employees), as it has effect in relation to England, is repealed.
Section 51 (publication of proposals) is repealed.
In section 53 (inspection of accounts), in subsection (2)—
after “section 15ZA” insert “or 18A”;
omit “61 or”.
Section 56A (intervention by Chief Executive of Skills Funding) is amended as follows. In subsection (1), for the words from “Chief Executive of Skills Funding” to “Executive”)” substitute “Secretary of State”. In subsection (3), for “Chief Executive” substitute “Secretary of State”. Omit subsection (4). In subsections (5) and (6), for “Chief Executive”, wherever occurring, substitute “Secretary of State”. In subsection (7), after “include” insert “— (a)” and at the end insert— For subsection (9) substitute— Omit subsection (10).
Section 56AA (appointment by Chief Executive of Skills Funding of members of governing body of further education institution) is repealed.
Section 56B (intervention policy: England) is repealed.
Section 56C (directions) is repealed.
Section 56D (notification by local authority or YPLA of possible grounds for intervention) is repealed.
Section 56E (intervention by local authority) is amended as follows. In subsection (1), for “responsible local authority are” substitute “Secretary of State is”. In subsection (3), for “authority” substitute “Secretary of State”. For subsection (4) substitute— In subsection (5)— In subsection (6)— In subsection (7), after “include” insert “— (a)” and at the end insert— For subsection (9) substitute— Omit subsection (10). In the heading, for “local authorities” substitute “Secretary of State”.
Section 56F (appointment by local authorities of members of sixth form college governing body) is repealed.
Section 56G (intervention policy: sixth form colleges) is repealed.
Section 56H (intervention by YPLA) is repealed.
Section 56I (appointment by YPLA of members of sixth form college governing body) is repealed.
Section 56J (notification by Chief Executive of Skills Funding of possible grounds for intervention) is repealed.
Section 82 (joint exercise of functions) is amended as follows. For subsection (1) substitute— In subsection (2), for the words from the beginning to “provision” substitute “A relevant authority must, if directed to do so by the Secretary of State, make provision jointly with another relevant authority or with the Secretary of State”. In subsection (3)(a) omit “the YPLA,”.
In section 83 (efficiency studies), in the table in subsection (1B), for “YPLA” substitute “Secretary of State”.
In section 88 (stamp duty)—
for “27” substitute “27B, 27C”;
for “33N” substitute “33P”.
In section 88A (stamp duty land tax)—
for “27” substitute “27B, 27C”;
for “33N” substitute “33P”.
Section 89 (orders, regulations and directions) is amended as follows. In subsection (2)— In subsection (3), after “subsection (3A)” insert “or (3B)”. After subsection (3A) insert—
Section 90 (interpretation) is amended as follows. In subsection (1)— Omit subsection (2ZA).
In section 92 (index)—
further education corporation in England section 90(1) further education corporation in Wales section 90(1)
omit the entries for “responsible local authority” and “the YPLA”.
For Schedule 4 substitute—
Section 87 of SSFA 1998 (no requirement to admit children permanently excluded from two or more schools) is amended as follows.
After subsection (3) insert—
In subsection (4), in the opening words—
omit “However,”;
after “a school” insert “ in Wales ”.
Section 11
In EA 1994, in section 18B (inspection of teacher training), in subsection (3) (advice from Chief Inspector), omit paragraph (c) (and the “or” preceding it).
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the GTCE to the Secretary of State of designated property, rights or liabilities. A property transfer scheme may— The things that may be transferred by a property transfer scheme include—
In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) omit “Qualifications and Curriculum Development Agency.”
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Qualifications and Curriculum Development Agency in receipt of remuneration.
In section 98 of LSA 2000 (approved qualifications: England), in subsections (7) and (8), omit “the Qualifications and Curriculum Development Agency or”.
Section 482 of EA 1996 (Academies) is repealed.
EA 2002 is amended as follows. In section 132 (qualified teacher status), omit subsection (3) (consultation of GTCE). In section 134 (requirement to be registered)— In section 145 (specification of qualification or course), in subsection (1)(c), omit “the General Teaching Council for England,”. In Schedule 12 (the General Teaching Councils for England and Wales), in Part 1 (amendments to the Teaching and Higher Education Act 1998), omit paragraph 7 (amendment to section 9(1)).
Schedule 35A to EA 1996 (Academies: land) is repealed.
In ESA 2008—
in section 130 (directions prohibiting participation in management: information), in subsection (5), omit “the General Teaching Council for England,”;
in Schedule 1 (minor and consequential amendments), in paragraph 23 (substitution of sections 167C and 167D of EA 2002), in the substituted section 167C, in subsection (5), omit “ the General Teaching Council for England, ”.
Section 77 of SSFA 1998 (control of disposals or changes in use of school playing fields) is amended as follows. In subsection (2B)— In subsection (3)— Omit subsection (4). After subsection (4A), insert—
In section 65 of EA 2002 (Academies), omit subsection (1).
Section 12 of AA 2010 (charitable status of Academy proprietors etc) is amended as follows. After subsection (1) insert— In the heading, after “charitable” insert “and trust corporation”.
Section 12
“Ofqual” means the Office of Qualifications and Examinations Regulation;
The Secretary of State may make a scheme (a “staff transfer scheme”) providing— A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State's staff to count as a period during which the employee was a member of the Secretary of State's 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 the employee not to become a member of the Secretary of State's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee. A staff transfer scheme may provide for a person who would be treated (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 an employee of the GTCE to become a member of the Secretary of State's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
The Secretary of State may make a scheme (a “staff transfer scheme”) providing for designated employees of the YPLA—
to become members of staff of the Secretary of State (and accordingly to become employed in the civil service of the state), or
to be transferred to a permitted transferee.
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
This paragraph applies where a staff transfer scheme provides for an employee of the YPLA to become a member of staff of the Secretary of State. The staff transfer scheme may provide— The staff transfer scheme may provide for a period before the employee became a member of the Secretary of State’s staff to count as a period during which the employee was a member of the Secretary of State’s staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period). The staff transfer scheme may provide for the employee not to become a member of the Secretary of State’s staff if the employee gives notice objecting to the operation of the scheme in relation to the employee. The staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated. The staff transfer scheme may provide for an employee of the YPLA to become a member of the Secretary of State’s staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.
This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the YPLA to a permitted transferee. The staff transfer scheme may provide— The staff transfer scheme may provide for a period before the employee became a member of the permitted transferee’s staff to count as a period during which the employee was a member of the permitted transferee’s staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period). The staff transfer scheme may provide for the employee not to become a member of the permitted transferee’s staff if the employee gives notice objecting to the operation of the scheme in relation to the employee. The staff transfer scheme may provide for any person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated. The staff transfer scheme may provide for the transfer of an employee of the YPLA to a permitted transferee despite any provision, of whatever nature, which would otherwise prevent the employee from being so transferred.
“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;
A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the GTCE before the transfer takes effect.
Section 35 of EA 1997 (transfer of staff to QCDA) is repealed.
EA 2002 is amended as follows.
In section 41 (interpretation of Part 3), in subsection (2)(a), omit “61 or”.
In section 85(9) (curriculum requirements for the fourth key stage: duty to have regard to guidance) for “Qualifications and Curriculum Development Agency” substitute “ Secretary of State ”.
In section 87(7) (establishment of the National Curriculum for England by order: persons on whom assessment arrangements order may confer or impose functions) omit paragraph (c) (but not the “and” immediately after it).
Section 90 (development work and experiments) is amended as follows. In subsection (3)— In subsection (4) omit the words after “by the governing body”. In subsection (5), for paragraph (b) substitute— In subsection (5A) for “the reviewing body” substitute “ a person designated for the purposes of this subsection by the Secretary of State ”. Omit subsection (5B). In subsection (5C) for “subsection (5B)” substitute “ subsection (5)(b) or (5A) ”.
For section 96 substitute—
Section 13
After Schedule 11A to EA 2002 (inserted by section 8), insert—
Section 16
EA 2005 is amended as follows.
Schedule 9 to ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as follows.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Qualifications and Curriculum Development Agency.”
EA 1996 is amended as follows.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit “The Qualifications and Curriculum Development Agency.”
LSA 2000 is amended as follows. In section 110 (secondary education), in subsection (5), for “51(3A)” substitute “16A(2)”. In section 143 (further education sector: designated institutions), in subsection (6)(b), for “section 29” substitute “any of sections 29 to 29C”.
In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) omit “Young People’s Learning Agency for England.”
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Young People’s Learning Agency for England in receipt of remuneration.
In section 26 of the Employment Act 1988 (status of trainees etc), for subsection (1A) substitute—
EA 1996 is amended as follows.
Section 99 (introduction of Schedule 15) is repealed.
Paragraph 2 (membership) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2), for “to chair” substitute “ as the chief executive of ”; In sub-paragraphs (3) to (6), for “Chief Regulator”, wherever occurring, substitute “ chair ”.
In section 391 (functions of religious education advisory councils) for subsection (10) substitute—
In section 22 of the Further Education and Training Act 2007 (consultation of further education institutions), in the new section 49A to be inserted into FHEA 1992 in relation to Wales—
in subsection (1)—
after “further education sector” insert “in Wales”;
for “appropriate authority” substitute “Welsh Ministers”;
omit subsection (3).
After section 15ZC insert—
In Schedule 14 (amendments relating to training of school workforce), omit paragraphs 1 to 4, 8, 19(4)(b), 21(3) to (5), 22, 24, 25, 28(5), 29(b) and 32 to 34.
Paragraph 3 (the Chief Regulator) is amended as follows. In sub-paragraph (6), for “Chief Regulator” substitute “ the chief executive of Ofqual (whether before or after the relevant commencement date) ”. After sub-paragraph (6) insert—
In section 408(1)(a) (provision of information relevant for particular purposes) for “Parts 7 and 8” substitute “ Part 7 ”.
ASCLA 2009 is amended as follows. In section 256 (further education corporations in England: co-operation and promotion of well-being), omit subsection (3). In Schedule 6 (dissolution of the Learning and Skills Council for England: minor and consequential amendments), omit paragraphs 3(2), 4(a), 5(a), 7(2), (3), (4)(b), (5)(a), (6) and (7), 8 to 11 and 12(a). In Schedule 8 (sixth form college sector), omit paragraphs 7 and 11(3).
Schedule 15 (transitional and transitory provisions relating to Part 3) is repealed.
After paragraph 3 insert—
In paragraph 4 (the deputy and other ordinary members: tenure), in sub-paragraphs (7) to (11), for “Chief Regulator”, wherever occurring, substitute “ chair ”.
In the heading before paragraph 5, for “Chief Regulator and ordinary members” substitute “ members ”.
Paragraph 5 (remuneration of members of Ofqual) is amended as follows. In sub-paragraph (1), for “Chief Regulator and any of the ordinary members” substitute “ members of Ofqual ”. In sub-paragraph (2), for “current or former Chief Regulator or” substitute “ person who is or has been the chair or an ”. In sub-paragraph (3), for “Chief Regulator or an ordinary member” substitute “ a member of Ofqual ”. In sub-paragraph (4), for “this paragraph” substitute “ sub-paragraph (1), (2) or (3) ”. After sub-paragraph (4) insert—
For the heading before paragraph 6 substitute “ Staff ”.
Paragraph 6 (staff of Ofqual) is amended as follows. Omit sub-paragraphs (1) to (3). In sub-paragraphs (4) and (5)(a), omit “other”.
Section 17
Section 21
Section 26
“EA 2005” means the Education Act 2005;
In section 21(10) of the Safeguarding Vulnerable Groups Act 2006 (controlled activity relating to children) omit paragraph (d).
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the YPLA of designated property, rights or liabilities of the YPLA to— A property transfer scheme may— The things that may be transferred by a property transfer scheme include—
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;
Section 27
“THEA 1998” means the Teaching and Higher Education Act 1998;
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the QCDA of designated property, rights or liabilities of the QCDA to Ofqual or the Secretary of State. A property transfer scheme may— The things that may be transferred by a property transfer scheme include—
For Schedule 1 to AA 2010 (Academies: land) substitute—
A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the QCDA before the transfer takes effect.
The Children Act 1989 is amended as follows. In section 62 (voluntary organisations providing accommodation: duties of local authorities), in subsection (10), after “1992,” insert “a 16 to 19 Academy”. In section 80 (inspection of children’s homes etc by persons authorised by Secretary of State)— In section 87 (welfare of children in boarding schools and colleges)—
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), after paragraph 10 insert—
FHEA 1992 is amended as follows. In section 85A (nuisance or disturbance on educational premises)— In section 85AA (power of members of staff to search students for prohibited items: England)— In section 85AB (power of search under section 85AA: supplementary), in subsection (3), after “England” insert “, or a principal of a 16 to 19 Academy,”. In section 85C (power of members of staff to use force)—
EA 1996 is amended as follows. In section 4 (schools: general)— In section 11 (Secretary of State’s duty in the case of primary, secondary and further education)— In section 329A (review or assessment of educational needs at request of responsible body), in subsection (12), after paragraph (d) insert—. In section 332B (special educational provision: resolution of disputes), in subsection (8)(c), for “or an Academy” substitute “, an Academy school or an alternative provision Academy”. In section 337 (special schools), in paragraph (b), for “Academy” substitute “Academy school”. In section 444 (offence: failure to secure regular attendance at school of registered pupil), in subsection (7A)(a), for sub-paragraph (iii) substitute—. In section 444ZA (application of section 444 to alternative education provision), in subsection (8)— In section 444B (penalty notices: supplemental), in subsection (4), in the definition of “relevant school”, for paragraph (c) substitute—. In section 508A (local authorities in England: duty to promote sustainable modes of travel)— In section 508C (local authorities in England: travel arrangements etc for children other than eligible children), in subsection (6)(b), after “further education sector” insert “, or 16 to 19 Academy,”. In section 508G (local authorities in England: transport policy statements for young adults subject to learning difficulty assessment), in subsection (1), after paragraph (b) insert—. In section 509AA (local authorities in England: provision of transport etc for persons of sixth form age)— In section 510 (provision of clothing), in subsection (4)(b), after “further education sector” insert “or a 16 to 19 Academy”. In section 537 (power of Secretary of State to require information from governing bodies etc), in subsection (1)(b), after “every” insert “(i)” and at the end insert “or. In section 557 (adoption of statutory trusts), in subsection (10), in the definition of “relevant school”, for “Academy,” substitute “Academy school, alternative provision Academy,”. In section 579(1) (general interpretation)— Academy school Section 579(1) alternative provision Academy Section 579(1) 16 to 19 Academy Section 579(1) In paragraph 15(2) of Schedule 1 (management committees of pupil referral units), after paragraph (g) insert—. In paragraph 15(2) of Schedule 35B (travel arrangements for eligible children: meaning of “qualifying school”), in paragraph (f), for “or an Academy” substitute “, an Academy school or an alternative provision Academy”.
SSFA 1998 is amended as follows. In section 77 (control of disposals or changes in use of school playing fields) (as amended by Schedule 14)— In section 88 (admission authorities and admission arrangements), in subsection (1)(c) (inserted by section 64), for “Academy” (in both places) substitute “Academy school”. In section 88H (reference of objections to adjudicator) (as amended by section 64)— In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (1)(b) (inserted by section 64), for “Academy” substitute “Academy school”. In section 88K (sections 88H and 88I: supplementary) (as amended by section 64)— In section 88P (reports by local authorities), in subsection (3)(b), for “Academy” substitute “Academy school”. In section 88Q (reports under section 88P: provision of information), in subsection (2)(d)(i), for “Academy” substitute “Academy school”. In section 110 (home-school agreements), in subsection (1)(b), for “Academy” substitute “Academy school”.
In section 24 of the Anti-social Behaviour Act 2003 (sections 19 to 22A and 24: interpretation)—
in the definition of “governing body”, for “Academy” substitute “Academy school, alternative provision Academy”;
in the definition of “relevant school”, for paragraph (e) substitute—.
In section 14 of the International Development Act 2002 (functions of the Commonwealth Scholarship Commission etc), in subsection (1)(b)(i), after “higher education sector” insert “, at 16 to 19 Academies”.
EA 2002 is amended as follows. In section 135A (requirement to serve induction period: teachers in England) (inserted by section 9)— In section 141A (teacher misconduct: teachers to whom sections 141B to 141E apply) (inserted by section 8), in subsection (1), after paragraph (b) insert—. In section 141D (supply of information following dismissal, resignation etc) (inserted by section 8), in subsection (4), in paragraph (c) of the definition of “relevant employer”, after “school” insert “or 16 to 19 Academy”. In section 203 (further education institutions: hazardous material, etc)—
In section 71 of the Income Tax (Trading and Other Income) Act 2005 (educational establishments for the purposes of section 70), in subsection (1), omit the “or” after paragraph (c) and after paragraph (d) insert , or
EA 2005 is amended as follows. In section 5 (duty to inspect certain schools at prescribed intervals), in subsection (2), for paragraph (d) substitute—. In section 113 (information about the school workforce: introductory), in subsection (2)(c), after “institution” insert “or a 16 to 19 Academy”.
EIA 2006 is amended as follows. In section 7 (invitation for proposals for establishment of new schools), in subsection (2)(b), for “Academy” substitute “Academy school”. In section 100 (duty of governing body or proprietor where pupil excluded for fixed period), in subsection (5), in the definition of “governing body”, for “Academy,” substitute “Academy school, an alternative provision Academy,”. In section 104 (notice to parent relating to excluded pupil), in subsection (8), in paragraph (c) of the definition of “the appropriate authority”, for “Academy,” substitute “Academy school, an alternative provision Academy,”. In section 111 (meaning of “maintained school” and “relevant school” in Chapter 2 of Part 7), in the definition of “relevant school”, for paragraph (b) substitute—. In section 123 (inspections: education and training to which Chapter applies), in subsection (1) after paragraph (b) insert—. In section 125 (inspection of further education institutions), in subsection (1) (amended by section 42), after “sector” insert “, and all 16 to 19 Academies,”. In Schedule 2 (consideration, approval and implementation of proposals for establishment or discontinuance of schools in England), in paragraph 3A(a) (inserted by Schedule 11), for “an Academy” substitute “an Academy school”.
The Safeguarding Vulnerable Groups Act 2006 is amended as follows. In section 21 (controlled activity relating to children), in subsection (4), after “Education Act 2002)” insert “or a 16 to 19 Academy”. In section 59 (meaning of “vulnerable adults”), in subsection (3), after paragraph (d) insert—
In section 71 of the Corporation Tax Act 2009 (educational establishments for the purposes of section 70), in subsection (1), omit the “or” after paragraph (c) and after paragraph (d) insert , or
In section 23 of ASCLA 2009 (duty to prepare and submit draft specification of apprenticeship standards: England), in subsection (2)(b), omit the “and” after sub-paragraph (ii), and after that sub-paragraph insert—.
The Equality Act 2010 is amended as follows. In section 91 (students: admission and treatment, etc)— In Schedule 10 (accessibility for disabled pupils), in paragraph 5(3), for paragraph (b) substitute— In Schedule 17 (disabled pupils: enforcement), in paragraph 13(5)(b), for “Academy” substitute “Academy school or an alternative provision Academy”.
Section 34
Section 37
In Schedule 2 to AA 2010 (Academies: amendments), omit paragraph 22.
AA 2010 is amended as follows.
Schedule 22 to SSFA 1998 (disposals of land in case of certain schools and disposals on discontinuance) is amended as set out in paragraphs 3 to 15.
In section 30 of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school), in subsection (3)(a)(i), for the words from “Young” to “school” substitute “Secretary of State”.
EA 2002 is amended as follows.
EA 2005 is amended as follows.
In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities), in subsection (4), omit paragraph (fa).
ASCLA 2009 is amended as follows.
In section 4(3) (Academy orders: when maintained school is “converted into” Academy) for “a school” substitute “an educational institution”.
paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies Act 2010,
In section 183 (transfer of functions relating to allowances under section 181), in subsection (1), omit paragraph (aa) (but not the “or” after it).
In section 14 (destination of reports: maintained schools), omit subsection (3).
In section 107 (provision of services), in subsection (4), omit paragraph (e).
Section 6 (effect of Academy order) is amended as follows. In subsection (2), for “a school” substitute “an educational institution”. In subsection (3) — In subsection (5)— In subsection (7), after “the school” insert “(a)” and at the end insert “, and
After paragraph A1, insert—
Omit section 208A (recoupment: adjustment between local authorities and the YPLA).
In section 14A (destination of interim statements: maintained schools), omit subsection (3).
Section 122 (sharing of information for education and training purposes) is amended as follows. In subsection (3)(b), for “Young People’s Learning Agency for England” substitute “Secretary of State”. In subsection (5)(b), for “Young People’s Learning Agency for England” substitute “Secretary of State relating to education or training”.
In section 10A (charges at boarding Academies) (inserted by section 61), in subsection (1)(a), for “an Academy” substitute “an Academy school or an alternative provision Academy”.
This paragraph applies where a governing body receives a notification under paragraph A1A(5)(b) that the Secretary of State has decided not to make a direction in respect of the land.
In section 210(6A) (Welsh orders and regulations subject to negative resolution), omit “or section 208A”.
In section 92 (joint exercise of functions), in subsection (2), omit “the Young People’s Learning Agency for England,”.
In Schedule 6 (dissolution of the Learning and Skills Council for England: minor and consequential amendments), omit paragraphs 54 to 56 and 57(b).
Schedule 1 (Academies: land) (substituted by Schedule 14) is amended as follows. In paragraph 10 (power of Secretary of State to make direction where Academy order made)— In paragraph 13 (transfer of land and other property on dissolution of governing body), in sub-paragraph (3)(b), for “Academy” substitute “Academy school”.
paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies Act 2010,
In section 108 (supply of information: education maintenance allowances), in subsection (3), omit paragraph (ba).
In Schedule 12 (Ofqual and the QCDA: minor and consequential amendments), omit paragraph 28(3).
After paragraph A7, insert—
This paragraph applies where a foundation body receives a notification under paragraph A7A(5)(b) that the Secretary of State has decided not to make a direction in respect of the land.
Paragraph A13 is amended as follows. paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies Act 2010, In sub-paragraph (7)—
for “A14 to A16” substitute “A13A to A16”.
After paragraph A13, insert—
This paragraph applies where trustees receive a notification under paragraph A13A(7)(b) that the Secretary of State has decided not to make a direction in respect of the land.
In determining whether, and how, to give notice to the Secretary of State under paragraph A1A, A7A or A13A, a governing body, a foundation body or trustees must have regard to any guidance given from time to time by the Secretary of State.
Paragraph A23 (land required by local authority for certain purposes) is amended as follows. Before making an application under sub-paragraph (1) for a transfer order in relation to publicly funded land, the authority must give notice of their intention to make the application to— In sub-paragraph (6), for “such an application” substitute “an application under sub-paragraph (1) or a notice under sub-paragraph (4)”. On receipt of a notice under sub-paragraph (4)(b), the Secretary of State must— If the Secretary of State decides to make a direction under paragraph 12 of Schedule 1 to the Academies Act 2010 in respect of the land, the local authority may not make an application under sub-paragraph (1) for a transfer order in relation to the land.
Paragraph 5 (discontinuance of foundation, voluntary and foundation special schools: land) is amended as follows. But this paragraph does not apply where proposals mentioned in sub-paragraph (1)(a) have been approved, adopted, confirmed or determined to be implemented in consequence of an Academy order made in respect of the school. In sub-paragraph (4), after paragraph (a) insert—. In sub-paragraph (4B), after paragraph (a) insert—. In sub-paragraph (5A), in paragraph (b), after “maintained schools” insert “or Academies”.
Paragraph 7 (disposal of property held by governing body of maintained school on their dissolution) is amended as follows. In sub-paragraph (1), at the end insert “other than a dissolution by virtue of paragraph 5(2)(a)(iv) of that Schedule (dissolution following Academy order)”. In sub-paragraph (2)(ii), for the words from “following” to “new school” substitute “persons or bodies mentioned in sub-paragraph (2A)”. The persons and bodies are—
Section 49
Section 54
Section 63
Section 65
In Schedule 4 to the Finance Act 2003 (stamp duty land tax: chargeable consideration), in paragraph 17(2)(e) (arrangements involving public or educational bodies) for “section 482 of the Education Act 1996” substitute “section 1 of the Academies Act 2010”.
In Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement), in paragraph 13(4) (admissions) for paragraph (b) substitute—.
In section 2 of AA 2010 (payments under Academy arrangements), omit subsection (5).
Section 67
Section 68
Section 69
ASCLA 2009 is amended as follows.
In section 27(1) (contents of specification of apprenticeship standards for England)—
after paragraph (a) insert “and”;
omit paragraph (c) and the “and” immediately before it.
In section 36(5) (power to apply provisions with modifications in application to Crown servants etc), omit “, or any of sections 91 to 99,”.
In section 82(5) (meaning of Chief Executive’s “apprenticeship functions”), omit paragraph (d).
In section 83, for the heading substitute “Power to secure provision of apprenticeship training”.
In section 84(1) (arrangements with local authorities), after “section 83” insert “or 83A”.
In section 86 (education and training for persons aged 19 or over or subject to adult detention), in subsection (2), after “that section” insert “83A or”.
Sections 91 to 99 (functions of the Chief Executive of Skills Funding: the apprenticeship offer) are repealed.
In section 100(1) (power of Chief Executive to secure provision of financial resources), omit paragraph (i).
Section 104 (assistance and support in relation to apprenticeship places) is repealed.
In section 105 (promoting progression from level 2 to level 3 apprenticeships), for subsection (5) substitute—
In section 121(3) (interpretation of Part 4: training within the Chief Executive’s remit), after paragraph (a) insert—.
Section 262 (orders and regulations) is amended as follows. After subsection (3) insert— Omit subsection (4). In subsection (6) (orders and regulations subject to affirmative resolution)—
In section 269 (commencement), omit subsection (5).