School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons

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SCHEDULE 28

MINOR AND CONSEQUENTIAL AMENDMENTS

Local Government Act 1972 (c.70)

1. - (1) Section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176) shall be amended as follows.

(2) In subsection (1), omit the words from the beginning to "committees),".

(3) After subsection (1) insert-

	"(1A) Subsection (1) above has effect without prejudice to the operation of the following provisions of the School Standards and Framework Act 1998, namely-
	(a) paragraph 3 of Schedule 4 (allowances for school organisation committees);
	(b) paragraph 3 of Schedule 18 (allowances for exclusion appeals panels); and
	(c) paragraph 4 of Schedule 25 (allowances for admission appeals panels)."

Local Government Act 1974 (c.7)

2. For section 25(5) of the Local Government Act 1974 (authorities subject to investigation by Local Commissioner) substitute-

	"(5) Any reference to an authority to which this Part of this Act applies also includes a reference to-
	(a) a school organisation committee constituted in accordance with section 23 of the School Standards and Framework Act 1998,
	(b) an adjudicator appointed under section 24 of that Act,
	(c) an exclusion appeals panel constituted in accordance with Schedule 18 to that Act,
	(d) an admission appeals panel constituted in accordance with Schedule 24 or paragraph 3 of Schedule 25 to that Act, and
	(e) the governing body of any community, foundation or voluntary school so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act."

Sex Discrimination Act 1975 (c.65)

3. In section 27 of the Sex Discrimination Act 1975 (exception for single-sex establishments turning co-educational) after subsection (1) insert-

"(1A) Without prejudice to subsection (1), a transitional exemption order may be made in accordance with paragraph 21 or 22 of Schedule 6 or paragraph 16 or 17 of Schedule 7 to the School Standards and Framework Act 1998 (transitional exemption orders for purposes of the Sex Discrimination Act 1975: England and Wales)."

Local Government and Housing Act 1989 (c.42)

4. In section 13(5) of the Local Government and Housing Act 1989 (voting rights of certain members of committees)-

(a) after "is required" insert "either"; and

(b) at end insert "or pursuant to regulations under subsection (6) of that section."

Education Act 1994 (c.30)

5. The Education Act 1994 shall be amended as follows.

6. In section 11A (general duty of Secretary of State with respect to training), omit "grant-maintained schools,".

7. In section 12 (power of schools to provide courses of initial teacher training)-

(a) in subsection (1), for "any county, voluntary or maintained special school or of any grant-maintained school" substitute "any community, foundation or voluntary or community or foundation special school";

(b) omit subsection (5); and

(c) in subsection (6) for the words from "purposes of" onwards substitute "purposes of Chapter IV of Part II of the School Standards and Framework Act 1998 (financing of maintained schools), as being undertaken for the purposes of the school."

Education Act 1996 (c.56)

8. The Education Act 1996 shall be amended as follows.

9. In section 1(2) (the stages of education), omit paragraph (b) and the "and" preceding it.

10. In section 5 of the Education Act 1996 (primary, secondary and middle schools)-

(a) in subsection (3) for "section 49, 198(6) or 291" substitute "section 27(4) of the School Standards and Framework Act 1998", and

(b) in subsection (5) for "sections 49, 198(6) and 291" substitute "section 27(4) of the School Standards and Framework Act 1998".

11. In section 6(2) (nursery schools and special schools) for the words from "and" onwards substitute "and (in the case of a school which is not maintained by a local education authority) is for the time being approved, as mentioned in section 337."

12. In section 14 (functions of local education authorities in respect of provision of primary and secondary schools), omit subsection (5).

13. After section 15 insert-

"Functions in respect of full-time education for 16 to 18 year olds.	15A. - (1) A local education authority may secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.
	(2) Subsections (6) and (7) of section 14 shall apply in relation to functions under this section as they apply in relation to functions under that section."

14. Omit sections 20 to 28 (the funding authorities).

15. In section 29 (provision of information by local education authorities)-

(a) omit subsection (2), and

(b) in subsection (3), omit the words "and the funding authority".

16. Omit section 30 (provision of information by funding authorities).

17. Part II (schools maintained by local education authorities) shall be omitted.

18. Part III (grant-maintained schools) shall be omitted.

19. In section 312 (definitions for purposes of Part IV)-

(a) in subsection (4)(a) omit "or grant-maintained schools in their area"; and

(b) in subsection (5) for the definition of "maintained school" substitute-

""maintained school" means any community, foundation or voluntary school or any community or foundation special school not established in a hospital."

20. In section 313(1) (code of practice on special educational needs) for "grant-maintained schools, or grant-maintained special schools," substitute "community or foundation special schools".

21. In section 315(2) (review of arrangements for special educational provision), for the words from "the funding" onwards substitute "the governing bodies of community, foundation and voluntary and community and foundation special schools in their area."

22. - (1) Section 317 (duties of governing body or local education authority in relation to pupils with special educational needs) shall be amended as follows.

(2) In subsection (1) for "a county, voluntary or grant-maintained school," substitute "a community, foundation or voluntary school,".

(3) In subsection (2) for "a county, voluntary or grant-maintained school," substitute "a community, foundation or voluntary school,".

(4) In subsection (3)-

(a) in paragraph (a)-

(i) for "county, voluntary and grant-maintained schools" substitute "community, foundation and voluntary schools", and

(ii) omit ", the funding authority"; and

(b) in paragraph (b) for the words from "the funding" onwards substitute "the governing bodies of community, foundation and voluntary schools."

(5) In subsection (4) for "a county, voluntary or grant-maintained school" substitute "a community, foundation or voluntary school".

(6) In subsection (5) for "each county, voluntary, maintained special or grant-maintained school" substitute "each community, foundation or voluntary or community or foundation special school".

(7) In subsection (6) for "each county, voluntary or grant-maintained school" substitute "each community, foundation or voluntary school".

(8) In subsection (7) for the words from "the articles" onwards substitute "section 41 of the School Standards and Framework Act 1998."

23. - (1) Section 318 (provision of goods and services in connection with special educational needs) shall be amended as follows.

(2) In subsection (1)-

(a) in paragraph (a) for "county, voluntary or grant-maintained schools" substitute "community, foundation or voluntary schools", and

(b) in paragraph (b) for "maintained or grant-maintained special schools" substitute "community or foundation special schools".

(2) In subsection (2) for the words from "this section" to "in any other area" substitute "this section to the governing bodies of community, foundation or voluntary schools or community or foundation special schools in any other area".

(3) Omit subsection (3).

24. In section 321(3) (general duty of local education authority towards children for whom they are responsible)-

(a) in paragraph (a) for the words from "maintained" onwards substitute "maintained school", and

(b) for paragraph (b) substitute-

"(b) education is provided for him at a school which is not a maintained school but is so provided at the expense of the authority or the funding authority,".

25. In section 324(5)(b) (statement of special educational needs) for "maintained, grant-maintained or grant-maintained special school" substitute "maintained school".

26. In section 327 (access for local education authority to certain schools), for subsection (b) substitute-

"(b) in pursuance of the statement education is provided for the child at a school maintained by another local education authority."

27. Omit section 330 (assessment of education needs at request of governing body of grant-maintained school).

28. For section 337 substitute-

"Special schools.	337. - (1) A school is a special school if it is specially organised to make special educational provision for pupils with special educational needs.
	(2) There are the following categories of special school-
	(a) special schools maintained by local education authorities, comprising-
	(i) community special schools, and
	(ii) foundation special schools; and
	(b) special schools which are not so maintained but are for the time being approved by the Secretary of State under section 342."

29. Omit sections 338 to 341 (establishment of maintained and grant-maintained special schools).

30. For section 342 substitute-

Prepared 4 December 1997