School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons
SCHEDULE 28, MINOR AND CONSEQUENTIAL AMENDMENTS - continued
Preliminary - continued

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"Payment of fees at schools not maintained by a local education authority.	517. - (1) Where, in pursuance of arrangements made under section 18, primary or secondary education is provided for a pupil at a school which is not a maintained school, the local education authority by whom the arrangements are made shall-
	(a) if subsection (2) or (3) applies, pay the whole of the fees payable in respect of the education provided in pursuance of the arrangements; and
	(b) if board and lodging are provided for the pupil at the school and subsection (4) applies, pay the whole of the fees payable in respect of the board and lodging.
	(2) This subsection applies where the authority are satisfied that, by reason of a shortage of places in every maintained school to which the pupil could be sent with reasonable convenience, education suitable-
	(a) to his age, ability and aptitude, and
	(b) to any special educational needs he may have,
	cannot be provided by them for him except at a school which is not a maintained school.
	(3) This subsection applies where (in a case in which subsection (2) does not apply) the authority are satisfied-
	(a) that the pupil has special educational needs, and
	(b) that it is expedient in his interests that the required special educational provision should be made for him at a school not maintained by them or another local education authority.
	(4) This subsection applies where the authority are satisfied that education suitable-
	(a) to the pupil's age, ability and aptitude, and
	(b) to any special educational needs he may have,
	cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere).
	(5) Subsection (4) does not apply where section 348(2) applies.
	(6) In this section "maintained school" means a community, foundation or voluntary or community or foundation special school."

79. In section 518 (payment of school fees and expenses; grant of scholarships, etc.) for "county, voluntary, grant-maintained or special schools" substitute "community, foundation or voluntary schools or community or foundation special schools".

80. Omit section 520(3) (medical inspection and treatment of pupils: grant-maintained schools excluded).

81. In section 521 (examination of pupils for cleanliness), in subsection (4) omit paragraph (b) and the "and" preceding it.

82. In section 524 (removal of pupil at direction of medical officer)-

(a) in subsection (1) for "excluded" substitute "suspended";

(b) omit subsection (3)(b) and the "or" preceding it; and

83. In section 527A (local education authority plans for children with behavioural difficulties), as inserted by section 9 of the Education Act 1997, for subsection (7)-

"(7) In this section "relevant school", in relation to a local education authority, means a school maintained by the authority (whether situated in their area or not)."

84. In section 529 (power to accept gifts on trust for educational purposes)-

(a) in subsection (2) for the words from "section 35(1)" onwards substitute "section 27 of the School Standards and Framework Act 1998 as an intention to establish a new community school (so that proposals for that purpose shall be published and submitted as required by that section); and Schedule 6 to that Act (statutory proposals: procedure and implementation) shall apply accordingly.", and

(b) in subsection (3) for "a county school" substitute "a community school".

85. In section 530 (compulsory purchase of land)-

(a) in subsection (2) for "voluntary school" substitute "foundation, voluntary or foundation special school", and

(b) in subsection (3) for the words from "under" onwards substitute "under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals)."

86. In section 531(2) (acquisition of land by agreement) for "voluntary school" substitute "foundation, voluntary or foundation special school".

87. Omit section 534 (duties of governing bodies of grant-maintained schools with respect to school meals).

88. In section 535(1) (provision of teaching services for day nurseries) for "a county or voluntary primary school" substitute "a community, foundation or voluntary primary school".

89. In section 537A (provision of information about individual pupils' performance), in subsection (1)(a) omit paragraph (ii).

90. In section 538 (provision of information to Secretary of State by governing bodies of maintained schools) for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary school or a community or foundation special school".

91. Omit section 539 (provision of information by governing body of grant-maintained schools).

92. In section 540 (distribution of information about schools providing a secondary education) for subsection (2) substitute-

	"(2) In this section "school" means-
	(a) any community, foundation or voluntary school, or
	(b) any community or foundation special school (which is not established in a hospital)."

93. In section 541 (distribution of information about further education institutions) for subsection (4) substitute-

	"(4) In this section "school" means-
	(a) any community, foundation or voluntary school, or
	(b) any community or foundation special school (which is not established in a hospital)."

94. In section 544 (approval etc. of school premises and boarding houses)-

(a) in subsection (1) omit the words from "(or," to "authority)"; and

(b) in subsection (3)-

(i) in paragraph (a) at end insert "and", and

(ii) omit paragraph (b).

95. In section 548 (no right to give corporal punishment)-

(a) in subsection (3)(a)-

(i) at the end of sub-paragraph (i) insert "or"; and

(ii) omit sub-paragraph (iii) and the "or" preceding it; and

(b) in subsection (4)(b), omit sub-paragraph (iii) and the "or" preceding it.

96. In section 550B(2) (detention), omit "(b) a grant-maintained or grant-maintained special school;".

97. In section 551(2) (regulations as to duration of school day etc.)-

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

(b) omit paragraph (b).

98. Omit section 552 (transitional exemption orders for purposes of Sex Discrimination Act 1975).

99. - (1) Section 554 (power to make new provision as to use of endowments) shall be amended as follows.

(2) For subsection (1) substitute-

	"(1) This section applies where-
	(a) in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or
	(b) in relation to any time on or after the appointed day-
	(i) the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or
	(ii) in the opinion of the Secretary of State it is likely such premises will cease to be so used;
	and in this subsection "the appointed day" has the meaning given by section 20(6) of the School Standards and Framework Act 1998."

(3) In subsection (3)-

(a) for paragraph (a) substitute-

"(a) that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and"; and

(b) in paragraph (b) for "(or any corresponding earlier enactment)", substitute "of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998".

(4) For subsection (4)(b) substitute-

	"(b) where religious education in accordance with such tenets is shown to have been given to any pupils at-
	(i) a controlled school (within the meaning of this Act),
	(ii) a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or
	(iii) a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998),
	the religious education shall be taken to have been given to them at the request of their parents, unless the contrary is shown."

100. In section 556(2) (content of orders under section 554)-

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

(b) in paragraph (b), for "voluntary" onwards substitute "school at the premises referred to in section 554(1)."

101. In section 557(9) (adoption of statutory trusts), in the definition of "relevant school" for "a voluntary school or a grant-maintained school" substitute "a foundation or voluntary school".

102. In section 559 (power of local education authorities to prohibit or restrict employment of children)-

(a) in subsection (1), for "county" substitute "community, foundation"; and

(b) in subsection (2), for "county" substitute "community, foundation".

103. In section 563(3) (educational records)-

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

(b) omit paragraph (b).

104. In section 566(1)(b) (evidence: documents), for "a county or voluntary school" substitute "a maintained school".

105. Omit section 567 (stamp duty).

106. In section 568 (orders)-

(a) for subsection (2) substitute-

	"(2) For the purposes of subsection (1) "the excepted provisions" are-
	section 349;
	sections 468, 471(1) and 474;
	section 489(3);
	section 497; and
	section 545."; and

(b) in subsection (3) omit "section 517(6),"; and

107. In section 569 (regulations)-

(a) in subsection (2), for "section 480 or 492 or paragraph 1(4) of Schedule 20," substitute "section 492,"; and

(b) in subsection (3), for "section 480 or 492 or paragraph 1(4) of Schedule 20" substitute "section 492".

108. In section 570 (revocation and variation of certain orders and directions)-

(a) in subsection (1)-

(i) at the end of paragraph (a) insert "or", and

(ii) omit paragraph (b); and

(b) in subsection (2) omit ", the funding authority".

109. In section 573 (meaning of expressions relating to alteration etc. of premises or character of schools)-

(a) in subsection (2) for "a significant enlargement of the premises" substitute "an enlargement of the premises which is not a prescribed alteration", and

(b) omit subsections (4) to (6).

110. In section 576 (meaning of "parent")-

(a) in subsection (1) omit the words from "except that" onwards; and

(b) omit subsection (2).

Prepared 4 December 1997