(b) in subsection (1), for “electing for” substitute “who has”;

(c) after subsection (4) insert—

“(5) In this section “course of study” means a course of education or
training leading to a qualification specified, or a qualification of
5a description specified, by the Secretary of State by order for the
purposes of this subsection.”

(6) Omit section 17D (the additional entitlement).

(7) 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—

(a) 10in subsection (2)(e), omit “and the additional entitlement” and “who
have elected for them”;

(b) for subsection (4) substitute—

“(4) Section 17C (the core entitlement) applies for the purposes of
subsection (2)(e).”

(8) 15In section 86 of ASCLA 2009 (duties of Chief Executive of Skills Funding in
respect of persons aged 19 or over or subject to adult detention)—

(a) in subsection (4)(h), omit “and the additional entitlement” and “who
have elected for them;

(b) for subsection (8) substitute—

“(8) 20Section 17C of the Education Act 1996 (the core entitlement)
applies for the purposes of subsection (4)(h).”

31 Repeal of diploma entitlement for fourth key stage

(1) Section 74 of EIA 2006 (curriculum requirements for the fourth key stage) is
amended as follows.

(2) 25In subsection (1), in the new section 85A to be inserted into EA 2002—

(a) 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.”;

(b) 30in subsection (2), for “(1)(a)” substitute “(1)”;

(c) 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.”;

(d) 35in subsection (5), for “(1)(a) or (b)” substitute “(1)”;

(e) 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.”

(3) 40Omit subsection (3).

Part 5 Educational institutions: other provisions

Repeal of duties of governing bodies, local authorities and others

32 Duty to prepare and publish school profile

(1) 5Section 30A of EA 2002 (duty of governing body of maintained school in
England to prepare and publish school profile) is repealed.

(2) In consequence of subsection (1), section 104 of EA 2005 (insertion of section
30A of EA 2002) is repealed.

33 Duty to appoint school improvement partners

(1) 10Section 5 of EIA 2006 (requirement for local authority to appoint school
improvement partner for each school they maintain) is repealed.

(2) 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).

34 Duties in relation to school admissions

(1) 15Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) In section 85A (admission forums)—

(a) in subsection (1)—

(i) in the opening words, after “authority” insert “in Wales”;

(ii) at the end of paragraph (a), insert “and”;

(iii) 20omit paragraph (c) (and the “and” preceding it);

(b) omit subsections (1A) to (1C);

(c) in subsection (3), omit paragraph (ba) (but not the “and” following it);

(d) omit subsection (3A);

(e) omit subsections (5A) and (5B).

(3) 25In section 88I (other functions of adjudicator relating to admission
arrangements), in subsection (3), omit paragraph (b) (and the “or” preceding
it).

(4) Section 88J (changes to admission arrangements by schools adjudicator) is
repealed.

(5) 30In section 88P (reports by local authorities)—

(a) in subsection (1) for “prescribed” substitute “required by the code for
school admissions”;

(b) omit subsections (4) and (5).

(6) Schedule 10 (consequential amendments) has effect.

35 35Duties in relation to school meals etc

(1) Part 9 of EA 1996 (ancillary functions) is amended as follows.

(2) In section 512ZA (power to charge for meals etc)—

(a) after subsection (1) insert—

“(1A) Where a local authority in England exercise the power to charge
under subsection (1), the price they charge for an item must not
exceed the cost of providing that item.”;

(b) 5in subsection (2), after “authority” insert “in Wales”.

(3) In section 533 (functions of governing bodies of maintained schools with
respect to provision of school meals etc)—

(a) after subsection (3) insert—

“(3A) Where the governing body of a school in England exercise the
10power to charge under subsection (3), the price they charge for
an item must not exceed the cost of providing that item.”;

(b) in subsection (4), after “school” insert “in Wales”.

Admissions

36 Objections to admission arrangements

(1) 15Section 88H of SSFA 1998 (reference of objections to adjudicator) is amended
as set out in subsections (2) to (6).

(2) In subsection (2)—

(a) in paragraph (a), for “an appropriate person” substitute “a body or
person”;

(b) 20after “that” insert “body or”.

(3) Omit subsection (3).

(4) In subsection (4) omit “or (3)”.

(5) In subsection (5)—

(a) in paragraph (a)(i) omit “or (3)”;

(b) 25in paragraph (a)(ii) for “(3)” substitute “(2)”;

(c) in paragraph (c) omit “or (3)”;

(d) in paragraph (d) omit “or (3)”.

(6) Omit subsection (6).

(7) In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for
30subsection (2)(b) substitute—

“(b) any other person or body.”

New schools

37 Establishment of new schools

Schedule 11 (establishment of new schools) has effect.

Governing bodies: constitution and dissolution

38 Constitution of governing bodies: maintained schools in England

(1) Section 19 of EA 2002 (governing bodies) is amended as follows.

(2) After subsection (1) insert—

“(1A) 5Regulations must provide for a governing body of a maintained school
in England to consist of—

(a) persons elected or appointed as parent governors,

(b) the head teacher of the school,

(c) a person elected as a staff governor,

(d) 10a person appointed as a local authority governor,

(e) in the case of a foundation school, a foundation special school
or a voluntary school, persons appointed as foundation
governors or partnership governors, and

(f) such other persons as may be prescribed.”

(3) 15In subsection (2), after “governing body” insert “of a maintained school in
Wales”.

(4) After subsection (4) insert—

“(4A) Regulations made by virtue of subsection (3)(c) in relation to a
maintained school in England may include provision for eligibility
20criteria for the school’s local authority governor to be such as may be
specified by the school’s governing body.

(4B) Regulations made by virtue of subsection (3)(e) in relation to a
maintained school in England may include provision allowing the head
teacher of the school to resign from office as a governor (and to
25withdraw any such resignation).”

39 Discontinuance of federated school: governing body not to be dissolved

In paragraph 5 of Schedule 1 to EA 2002 (dissolution of school governing body
on discontinuance of school), after sub-paragraph (1) insert—

“(1A) Sub-paragraph (1) does not apply if—

(a) 30the school is a federated school in England, and

(b) immediately after the discontinuance date, there will be more
than one other school remaining in the federation.

(1B) “Federation” and “federated school” have the meanings given by
section 24(2).”

35Standards

40 School inspections: exempt schools

(1) Part 1 of EA 2005 (school inspections and other inspections by school
inspectors) is amended as set out in subsections (2) to (8).

(2) In section 5 (duty to inspect certain schools at prescribed intervals)—

(a) in subsection (2), for “subsection (3)” substitute “subsections (3) and
(4A)”;

(b) after subsection (4), insert—

“(4A) Regulations may provide that this section does not apply to
5prescribed categories of school in prescribed circumstances.

(4B) A school to which this section does not apply by virtue of
regulations under subsection (4A) is an “exempt school”.”

(3) In section 6 (duty to notify parents of section 5 inspection), in subsection (1)—

(a) omit “to which section 5 applies”;

(b) 10for “that section” substitute “section 5”.

(4) In section 8 (other inspections), at the end insert—

“(3) If the Chief Inspector carries out an inspection of a school under
subsection (2) in response to a request from the appropriate authority
for the school, the Chief Inspector may charge the appropriate
15authority for the cost of the inspection.

(4) In subsection (3), “appropriate authority” has the meaning given by
section 6(3).”

(5) In section 9 (power of Chief Inspector to treat other inspection as section 5
inspection)—

(a) 20the existing provision is renumbered subsection (1);

(b) at the end insert—

“(2) In the case of an inspection of an exempt school under section 8,
the Chief Inspector may elect to treat the inspection for the
purposes of subsections (5) to (5B) and (7) of section 5, sections
256 and 7 and Chapter 2 as if it were an inspection under section 5.

(3) In the case of an inspection of an exempt school under section
8(1), the Secretary of State may require the Chief Inspector to
treat the inspection for the purposes of subsections (5) to (5B)
and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were
30an inspection under section 5.

(4) In the case of an inspection of a school under section 8(2) which
is carried out in response to a request from the appropriate
authority for the school, the Chief Inspector must treat the
inspection for the purposes of subsections (5) to (5B) and (7) of
35section 5, sections 6 and 7 and Chapter 2 as if it were an
inspection under section 5.

(5) In subsection (4), “appropriate authority” has the meaning
given by section 6(3).”;

(c) in the heading, for “of Chief Inspector” substitute “or duty”.

(6) 40In section 12 (interpretation of Chapter 1), after the definition of “the Chief
Inspector” insert—

• ““exempt school” has the meaning given in section 5(4B);”.

(7) 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
45section 5 inspection by virtue of section 9”.

(8) 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”.

(9) In section 121 of EA 2005 (parliamentary control of subordinate legislation)—

(a) 5in subsection (2)(a), after “subsection” insert “(2A) or”;

(b) after subsection (2) insert—

“(2A) This subsection applies to regulations under section 5(4A)
(power to prescribe schools exempt from inspection), apart
from the first regulations to be made under that subsection.

(2B) 10A statutory instrument which contains (whether alone or with
other provisions) regulations to which subsection (2A) applies
may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.”

41 15School inspections: matters to be covered in Chief Inspector’s report

(1) In section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals),
for subsections (5) and (5A) (matters for report), substitute—

“(5) It is the general duty of the Chief Inspector, when conducting an
inspection under this section, to report on the quality of education
20provided in the school.

(5A) The Chief Inspector’s report under subsection (5) must in particular
cover—

(a) the achievement of pupils at the school;

(b) the quality of teaching in the school;

(c) 25the quality of the leadership in and management of the school;

(d) the behaviour and safety of pupils at the school.

(5B) In reporting under subsection (5), the Chief Inspector must consider—

(a) the spiritual, moral, social and cultural development of pupils
at the school;

(b) 30the extent to which the education provided at the school meets
the needs of the range of pupils at the school, and in particular
the needs of—

(i) pupils who have a disability for the purposes of the
Equality Act 2010, and

(ii) 35pupils who have special educational needs.”

(2) In consequence of subsection (1), section 154 of EIA 2006 (amendments of
section 5(5) of EA 2005) is repealed.

42 Inspection of further education institutions: exempt institutions

(1) Chapter 3 of Part 8 of EIA 2006 (inspection of further education and training
40etc) is amended as set out in subsections (2) to (10).

(2) In section 125 (inspection of further education institutions)—

(a) in subsection (1), at the end insert “subject to subsection (1A)”;

(b) after that subsection insert—

“(1A) The Secretary of State may by regulations provide that the duty
of the Chief Inspector in subsection (1) does not apply to
prescribed categories of institution in prescribed circumstances.

(1B) 5An institution to which the duty in subsection (1) does not
apply by virtue of regulations under subsection (1A) is an
“exempt institution”.”;

(c) in subsection (2), for “The inspections” substitute “Inspections under
subsection (1)”.

(3) 10Section 126 (other inspections) is amended as set out in subsections (4) to (9).

(4) After subsection (1), insert—

“(1A) The Chief Inspector must inspect an exempt institution if requested to
do so by the Secretary of State.”

(5) After subsection (2) insert—

“(2A) 15On completing an inspection under subsection (1) or (1A) conducted in
response to a request from the Secretary of State or any other person or
body, the Chief Inspector must—

(a) make a written report on the inspection;

(b) arrange for the report to be published in such manner as the
20Chief Inspector considers appropriate.”

(6) In subsection (3), after “this section” insert “conducted in any other case”.

(7) In subsection (4), after “subsection (1)” insert “or (1A)”.

(8) After subsection (5) insert—

“(5A) In the case of an inspection conducted under subsection (1) in response
25to a request from the provider of the education or training concerned,
the Chief Inspector may charge the provider for the cost of the
inspection.”

(9) At the end, insert—

“(8) In this section “exempt institution” has the meaning given by section
30125(1B).”

(10) In section 127 (action plans), in subsection (1) at the end insert “or (1A)”.

(11) In section 182 of EIA 2006 (parliamentary control of orders and regulations)—

(a) in subsection (2), after paragraph (a) insert—

“(aa) regulations to which subsection (2A) applies,”;

(b) 35after subsection (2) insert—

“(2A) This subsection applies to regulations made under section
125(1A) (power to prescribe institutions exempt from
inspection), apart from the first regulations to be made under
that subsection.”;

(c) 40in subsection (3), after paragraph (a) insert—

“(aa) regulations to which subsection (2A) applies,”.

43 Inspection of boarding accommodation

(1) Part 12 of the Children Act 1989 (miscellaneous and general) is amended as
follows.

(2) In section 87 (welfare of children in boarding schools and colleges)—

(a) 5after subsection (1), insert—

“(1A) For the purposes of this section and sections 87A to 87D, a
school or college provides accommodation for a child if—

(a) it provides accommodation for the child on its own
premises, or

(b) 10it arranges for accommodation for the child to be
provided elsewhere (other than in connection with a
residential trip away from the school).”;

(b) in subsection (3), for “he is accommodated” substitute “accommodation
for the child is provided”;

(c) 15after subsection (3), insert—

“(3A) Where accommodation is provided for a child by a school or
college in England, the Secretary of State may at any time
(including a time when the duty under subsection (3) is
suspended by virtue of section 87A) direct the Chief Inspector
20for England to take the steps referred to in subsection (3).

(3B) Where accommodation is provided for a child by a school or
college in Wales, the Welsh Ministers may, at any time when the
duty under subsection (3) is suspended by virtue of section 87A,
take the steps referred to in subsection (3).”;

(d) 25in subsection (5), for “its duty” substitute “any of its functions”;

(e) in subsection (9A), for “he is accommodated” substitute
“accommodation for the child is provided”.

(3) In section 87A (suspension of duty under section 87(3))—

(a) in subsection (1)(b), for “they are accommodated” substitute
30“accommodation for the children is provided”;

(b) after subsection (4) insert—

“(4A) The Secretary of State may by regulations specify matters that
must be taken into account in deciding whether to appoint a
person to be an inspector for the purposes of this section in
35relation to schools or colleges in England, or to terminate the
appointment of such a person under subsection (4)(b).”

(4) After section 87B insert—

“87BA Quality assurance of inspectors under section 87A

(1) The Chief Inspector for England must, at intervals of no more than a
40year, prepare and send to the Secretary of State a report about
inspectors who are appointed under section 87A in relation to schools
or colleges in England.

(2) In preparing a report under this section the Chief Inspector for England
must have regard to such matters as the Secretary of State may direct.

(3) 45The Secretary of State may in particular give directions about—

(a) matters to be taken into account in preparing a report, and

(b) the form and contents of a report.”

(5) In section 87C (boarding schools: national minimum standards), in subsection
(1), for “in” substitute “by”.

44 5Schools causing concern: powers of Secretary of State

(1) Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.

(2) 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”.

(3) 10In section 69A (power of Secretary of State to direct local authority to consider
giving performance standards and safety warning notice)—

(a) omit subsection (5);

(b) for subsection (9) substitute—

“(9) If the response states that the authority have decided not to give
15a warning notice to the governing body in the specified terms—

(a) the response must set out the authority’s reasons for the
decision, and

(b) the Secretary of State may direct the authority to give the
warning notice to the governing body in those terms
20(and to withdraw any previous warning notice given to
the governing body under section 60).

(9A) If the Secretary of State directs the authority under subsection
(9)(b) to give a warning notice to the governing body in the
specified terms, the authority must—

(a) 25comply with the direction under subsection (9)(b) before
the end of the period of 5 working days beginning with
the day on which that direction is given, and

(b) on the same day as they do so, give the Secretary of State
a copy of the notice.”;

(c) 30in subsection (10), for “Subsection (8)(b) applies” substitute
“Subsections (8)(b) and (9A)(b) apply”;

(d) after subsection (10) insert—

“(11) A direction under this section must be in writing.”;

(e) for the heading, substitute “Power of Secretary of State to direct local
35authority to give performance standards and safety warning notice”.

45 Complaints: repeal of power to complain to Local Commissioner

(1) Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are
repealed.

(2) In consequence of subsection (1)—

(a) 40in section 409 of EA 1996 (complaints and enforcement: maintained
schools)—

(i) in subsection (1), after “authority” insert “in Wales” and after
“schools” insert “in Wales”;

(ii) in subsection (4), for “Secretary of State” substitute “Welsh
Ministers”;

(iii) in the heading, after “schools” insert “in Wales”;

(b) in section 496 of EA 1996 (power of Secretary of State to prevent
5unreasonable exercise of functions), omit subsections (3) and (4);

(c) in section 497 of EA 1996 (Secretary of State’s general default powers),
omit subsections (4) and (5);

(d) in paragraph 6 of Schedule 1 (pupil referral units: complaints)—

(i) in sub-paragraph (3), after “local authority” insert “in Wales”
10and after “unit” insert “in Wales”;

(ii) in sub-paragraph (4), for “Secretary of State” substitute “Welsh
Ministers”, after “any local authority” and “a local authority”
insert “in Wales”, and after “pupil referral unit” insert “in
Wales”;

(e) 15in paragraph 1 of Schedule 4 of the Local Government Act 1974
(disqualifications from acting as Local Commissioner or investigating
complaint), omit sub-paragraphs (2C) and (2D);

(f) in section 262(6) of ASCLA 2009 (statutory instruments subject to
affirmative procedure), omit paragraph (f);

(g) 20in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7
(complaints);

(h) section 22 of CSFA 2010 (amendments of sections 207 and 216 of
ASCLA 2009) is repealed.

Finance

46 25Local authorities’ financial schemes

(1) In Schedule 14 to SSFA 1998 (revision of local authority schemes), in paragraph
2A, at the end insert—

“(4) 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
30date as may be specified in the direction.

(5) 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.”

47 Payments in respect of dismissal, etc

(1) 35Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as
follows.

(2) After subsection (7), insert—

“(7A) Any amount payable by virtue of subsection (7) by the governing body
of a maintained school in England to the local authority may be met by
40the governing body out of the school’s budget share for any funding
period if and to the extent that the condition in subsection (7B) is met.

(7B) The condition is that the governing body are satisfied that meeting the
amount out of the school’s budget share will not to a significant extent