School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons
SCHEDULE 28, MINOR AND CONSEQUENTIAL AMENDMENTS - continued
Approval of non-maintained special schools - continued

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""ADMISSION, REGISTRATION AND WITHDRAWAL OF PUPILS"."

55. Omit sections 411 to 432 (admission of pupils).

56. Omit section 433(4) (time for admission of pupils: admission for nursery education).

57. Omit section 434(4)(c)(ii) (registration of pupils: returns to funding authorities).

58. Omit section 436 (effect of admission for nursery education).

59. In section 437 (school attendance orders)-

(a) in each of subsections (5) and (6) omit the words "or grant-maintained", and

(b) in subsection (8) 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; and".

60. In section 438 (choice of school: child without statement of special educational needs)-

(a) for subsection (4)(a) substitute-

"(a) within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local education authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and"; and

(b) in subsection (6)(a)(i) the words "and is not a grant-maintained school".

61. - (1) Section 439 (specification of schools in notices under section 438(2)) shall be amended as follows.

(2) In subsection (2) for the words from "fixed" to "as the number" substitute "fixed in accordance with section 84 of the School Standards and Framework Act 1998 (fixing admission numbers) as the number".

(3) In subsections (3), (5) and (6) omit "or grant-maintained" wherever occurring.

(4) After subsection (4) insert-

"(4A) A local education authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 77(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section."

62. In section 444(4)(b) (offence: failure to secure regular attendance at school of registered pupil) omit the words "or the funding authority".

63. Omit section 448 (exemption where child becomes five during term).

64. For section 449 and the cross-headings preceding it substitute-

"CHAPTER III

CHARGES IN CONNECTION WITH EDUCATION AT MAINTAINED SCHOOLS

Preliminary

Meaning of "maintained school" in Chapter III.

449. In this Chapter "maintained school" means any school maintained by a local education authority."

65. In section 451 (prohibition of charges for provision of education)-

(a) in subsection (1) omit "Subject to subsection (5)",

(b) in subsection (3)(b), for the words from "or 384" onwards substitute "(implementation of National Curriculum) or section 65 of the School Standards and Framework Act 1998 (duty to secure due provision of religious education).",

(d) omit subsection (5).

66. In section 456(1) (regulation of permitted charges), omit the words from ", other than" to "section 231(8)".

67. In section 457 (charges and remissions policies)-

(a) in subsection (1), omit the words from "This subsection" onwards; and

(b) in subsection (3), omit the words "other than a grant-maintained school".

68. In section 458 (charges for board and lodging at boarding schools)-

(a) in subsection (1)-

(i) for the words from "pupil concerned" to "charges" substitute "pupil concerned, to the local education authority, charges", and

(ii) omit "or governing body";

(b) in subsection (2)-

(i) omit paragraph (a), and

(ii) in paragraph (b) for "for his area" substitute "for that pupil's area",

(d) in subsection (4)(b), omit "or to the governing body of a grant-maintained school".

69. In section 463 (meaning of "independent school")-

(a) in paragraph (b) at end insert "or", and

(b) omit paragraph (c) and the "or" preceding it.

70. In section 490(1) (grants in respect of special provision for ethnic minorities), omit paragraph (a).

71. For section 494 substitute-

"Recoupment: excluded pupils.	494. - (1) Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local education authority ("the old authority") and, in the financial year in which the exclusion first takes effect, he is subsequently provided with education by another local education authority ("the new authority"), whether at a school maintained by that authority or otherwise than at school.
	(2) The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that financial year, such amount, if any, as is payable in accordance with regulations.
	(3) Where a pupil is permanently excluded from any school maintained by a local education authority and, in the financial year in which the exclusion first takes effect, the following events subsequently occur-
	(a) he is first provided by another local education authority ("the intermediate authority") with education in a pupil referral unit or otherwise than at school, and
	(b) at any time afterwards he is provided with education by a local education authority other than the intermediate authority ("the last authority"), whether at a school maintained by that authority or otherwise than at school,
	then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively.
	(4) Any dispute as to whether any local education authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State.
	(5) Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section."

72. In section 496 (power of Secretary of State to prevent unreasonable use of functions), in subsection (2)-

(a) at end of paragraph (a) insert "and"; and

(b) for paragraphs (b) and (c) substitute-

"(b) the governing body of any community, foundation or voluntary school or any community or foundation special school."

73. In section 497 (general default powers of the Secretary of State), in subsection (2)-

(a) at end of paragraph (a) insert "and", and

(b) for paragraphs (b) and (c) substitute-

"(b) the governing body of any community, foundation or voluntary school or any community or foundation special school."

74. In section 498 (powers of Secretary of State where no properly constituted governing body), for subsection (2) substitute-

"(2) This section applies to any community, foundation or voluntary school or any community or foundation special school."

75. In section 514 (provision of board and lodging otherwise than at school), in subsection (1)(a) for the words from "particular" onwards substitute "particular community, foundation or voluntary or community or foundation special school, but".

76. In section 515(2) (provision of teaching services for day nurseries) for "voluntary school" substitute "foundation or voluntary school".

77. Omit section 516 (supply by LEA of goods and services to grant-maintained schools).

78. For section 517 substitute-

Prepared 4 December 1997