School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons
PART VII, MISCELLANEOUS AND GENERAL - continued

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	Education Assets Board
Change of name of Education Assets Board.	117. - (1) The Education Assets Board shall be known instead as the Education Transfer Council.
	(2) For any reference to the Education Assets Board-
	(a) in any statutory provision (other than this section), or
	(b) in any instrument or document,
	there shall be substituted, as respects any time after the commencement of this section, a reference to the Education Transfer Council.
	(3) The Secretary of State may by order specify a different name by which the Council are to be known; and an order under this section may make such provision as appears to the Secretary of State to be necessary or expedient in consequence of the change of name effected by the order (including provision for amending statutory provisions).
	Supplementary
Orders and regulations.	118. - (1) Subject to subsection (2), any power of the Secretary of State to make an order or regulations under this Act shall be exercised by statutory instrument.
	(2) Subsection (1) does not apply to any order under-
	(a) section 11(5), 21(7), 47(3), 69, 74, 99(3)(a) or 121(1); or
	(b) paragraph 5 of Schedule 5, paragraph 2 or 3 of Schedule 7, paragraph 3(5) of Schedule 10, paragraph 5 of Schedule 12, paragraph 1 of Schedule 14, paragraph 9 of Schedule 21 or paragraph 4(2) of Schedule 22.
	(3) Subject to subsection (4), a statutory instrument containing any order or regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	(4) Subsection (3) does not apply to any order under-
	(a) section 65(3), 76(5), 95, 98(10) or 124; or
	(b) paragraph 4 or 8 of Schedule 23 or paragraph 1 of Schedule 30.
	(5) Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.
	(6) Any order or regulations under this Act may make different provision in relation to England and Wales respectively.
	(7) Nothing in this Act shall be read as affecting the generality of subsection (5).
Financial provisions.	119. - (1) There shall be paid out of money provided by Parliament-
	(a) any sums required for the making by the Secretary of State of grants or loans under this Act;
	(b) any other expenses of the Secretary of State under this Act; and
	(c) any increase attributable to this Act in the sums so payable by virtue of any other Act.
	(2) There shall be paid into the Consolidated Fund-
	(a) any sums received by the Secretary of State under or by virtue of this Act; and
	(b) any fees received by Her Majesty's Chief Inspector of Schools in England, or Her Majesty's Chief Inspector of Schools in Wales, under Schedule 26.
Minor and consequential amendments and repeals.	120. - (1) The minor and consequential amendments set out in Schedule 28 shall have effect.
	(2) Unless the context otherwise requires, any reference in any enactment amended by this Act-
	(a) to a maintained school, or
	(b) to a community, foundation or voluntary school or a community or foundation special school,
	is a reference to such a school within the meaning of this Act.
	(3) The enactments specified in Schedule 29 are repealed to the extent specified.
	(4) Any articles of government of a school which are in force under the Education Act 1996 immediately before the appointed day shall cease to have effect on that day.
General interpretation.	121. - (1) In this Act, unless the context otherwise requires-
	"the appropriate further education funding council" has the meaning given by section 1(6) of the Further and Higher Education Act 1992;
	"Church in Wales school" means a school in the Province of Wales in which the religious education provided is provided in accordance with the faith and practice of the Church in Wales and "appropriate diocesan authority", in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese;
	"Church of England school" means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and "appropriate diocesan authority", in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated;
	"maintained school" (except in Part III) has the meaning given by section 20(6);
	"prescribed" means prescribed by regulations;
	"reception class" means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;
	"regulations" means regulations made by the Secretary of State under this Act;
	"relevant age group", in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;
	"Roman Catholic Church school" means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and "appropriate diocesan authority", in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated;
	"school maintained by a local education authority" means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;
	"statutory provision" means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.
	(2) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of "appropriate diocesan authority" the Secretary of State shall consult the bishop for the diocese.
	(3) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class.
	(4) This Act shall be construed as one with the Education Act 1996; and (without prejudice to their generality) paragraphs 1 and 2 of Schedule 39 to that Act (construction of references etc.) apply to references in this Act to provisions of that Act.
	(5) Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.
	(6) Subsection (1) of section 576 of that Act (meaning of "parent") shall, in its application for the purposes of section 42 of, or paragraph 4 or 14 of Schedule 9 to, this Act, be taken as referring only to persons within paragraph (a) or (b) of that subsection who are individuals.

Prepared 4 December 1997