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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111. Omit section 577 (minor authorities).

112. In section 578 (meaning of "the Education Acts"), insert at the appropriate place-

" the School Standards and Framework Act 1998".

113. In section 579 (general interpretation)-

(a) in subsection (1)-

(i) omit the definitions of "the appropriate further education funding council", "exclude", "governing body" (and "governors"), "the local education authority", "reception class" and "relevant age group", and

(ii) for the definition of "trust deed" substitute-

""trust deed" includes any instrument (other than an instrument of government) regulating the constitution of the school's governing body or the maintenance, management or conduct of the school;"; and

(b) omit subsection (3).

114. In Schedule 1 (pupil referral units), in paragraph 15(2)(c) omit the words "(including grant-maintained schools)".

115. Schedules 2 to 25A shall be omitted.

116. - (1) Schedule 27 (making and maintenance of statements under section 324) shall be amended as follows.

(2) In paragraph 3-

(a) in sub-paragraph (1) for "the maintained, grant-maintained or grant-maintained special school" substitute "the maintained school", and

(b) in sub-paragraph (4) for "any maintained, grant-maintained or grant-maintained special school" substitute "any maintained school".

(3) In paragraph 8(1)(a) for "a maintained, grant-maintained or grant-maintained special school" substitute "a maintained school".

117. In Schedule 31 (agreed syllabuses of religious education), omit paragraphs 11 and 15.

School Inspections Act 1996 (c.57)

118. The School Inspections Act 1996 shall be amended as follows.

119. - (1) Section 10 (inspection of certain schools by registered inspectors) shall be amended as follows.

(2) In subsection (3)-

(a) omit "(4) or";

(b) for paragraph (a) substitute-

"(a) community, foundation and voluntary schools;"

(d) for paragraph (c) substitute-

"(c) community and foundation special schools;"; and

(e) omit paragraph (d).

(3) Omit subsection (4).

(4) For subsection (4B) substitute-

	"(4B) In subsection (4A) a "closing school" means-
	(a) a community, foundation or voluntary or community or foundation special school in respect of which proposals to discontinue the school have been approved, adopted or determined under Schedule 6 or 7 to the School Standards and Framework Act 1998;
	(b) a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 29 of that Act;
	(c) a community, foundation or voluntary or community or foundation special school in respect of which the Secretary of State has given a direction to discontinue the school under section 19 or 31 of that Act;
	(d) a city technology college or city college for the technology of the arts in respect of which notice of termination of an agreement made under section 482 of the Education Act 1996 has been given;
	(e) an independent school falling within subsection (3)(e) which the proprietor has decided to close; or
	(f) an independent school approved by the Secretary of State under section 347(1) of the Education Act 1996 which the proprietor has decided to close."

120. - (1) Section 11 (application of provisions for inspections) shall be amended as follows.

(2) In subsection (2) for the words from "county" onwards substitute "community, foundation or voluntary or community or foundation special schools."

(3) In subsection (4)-

(a) in the definition of "appropriate appointing authority" for "aided or special agreement school" substitute "voluntary aided", and

(b) for the definition of "appropriate authority" substitute-

""appropriate authority" means in relation to a community, foundation or voluntary or community or foundation special school, the school's governing body or, if the school does not have a delegated budget within the meaning of section 47 of the School Standards and Framework Act 1998, the local education authority."

(4) In subsection (5)(b) omit "whose governing body does not have a delegated budget".

121. In section 15(3)(b) (timing of inspections) for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school".

122. - (1) Section 16 (destination of reports) shall be amended as follows.

(2) In subsection (1)-

(a) in paragraph (a) omit the words from "and, if" to "of State", and

(b) in paragraph (b) for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school".

(3) In subsection (3)-

(a) in paragraph (c)-

(i) for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school", and

(ii) at end insert "and", and

(b) omit paragraphs (e) and (f).

123. - (1) Section 17 (special measures by appropriate authority) shall be amended as follows.

(2) In subsection (3)-

(a) in paragraph (b) for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school", and

(b) omit paragraph (c).

(3) In subsection (4) for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school".

(4) Omit subsection (5)(b) and (c).

(5) In subsection (7) for the words from "referred to" to "the case may be," substitute "under section 41 of the School Standards and Framework Act 1998 (governors' report),".

124. - (1) Section 18 (additional special measures by local education authority) shall be amended as follows.

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

(3) In subsection (2)(b) for "an aided or special agreement school" substitute "a voluntary aided school".

125. In section 20(3) (destination of reports)-

(a) in paragraph (a) for "a maintained or grant-maintained special school" substitute "a community or foundation special school", and

(b) omit "the funding authority, or".

126. In section 21(4) (special measures by appropriate authority)-

(a) in paragraph (a) for "a maintained or grant-maintained special school" substitute "a community or foundation special school", and

(b) omit "the funding authority, or".

127. - (1) Section 23 (inspection of religious education) shall be amended as follows.

(2) For subsection (1) substitute-

	"(1) It shall be the duty of the governing body of any voluntary or foundation school, which has been designated under section 65(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character, to secure that-
	(a) denominational education given to any pupils, and
	(b) the content of the school's collective worship (required by section 66 of that Act),
	are inspected under this section."

(3) Omit subsections (2) and (3).

(4) In subsection (4)(ii) for "section 385 of that Act" substitute "section 66 of the School Standards and Framework Act 1998".

(5) In subsection (5)(a) for "a controlled school" substitute "a voluntary controlled school".

(6) In subsection (8)-

(a) in paragraph (a) omit "if the inspection is conducted by virtue of subsection (1),", and

(b) in paragraph (b) omit "if the inspection is conducted by virtue of subsection (2),".

128. Omit the following sections-

(a) sections 26 to 30 (miscellaneous powers over schools requiring special measures),

(b) sections 31 to 41 (education associations), and

129. In section 45 (orders and regulations)-

(a) in subsection (1) omit the words "(except an order under section 38)"; and

(b) in subsection (2) omit the words "(except an order under section 31, 33, or 39)".

130. - (1) Section 46(1) (interpretation) shall be amended as follows.

(2) In the definition of "Church in Wales school" etc., for "section 311(1)" onwards substitute "section 121 of the School Standards and Framework Act 1998;".

(3) In the definition of "delegated budget" for "section 116" onwards substitute "section 47 of the School Standards and Framework Act 1998;".

(4) Omit the definition of "the transfer date".

131. In paragraph 1 of Schedule 3 (inspections under section 10), for the definition of "appropriate authority" substitute-

	""appropriate authority" means-
	(a) in relation to a community, foundation or voluntary or community or foundation special school, the school's governing body or, if the school does not have a delegated budget within the meaning of section 47 of the School Standards and Framework Act 1998, the local education authority;
	(b) in relation to a maintained nursery school, the local education authority;
	(c) in the case of a school falling within paragraph (e), (f) or (g) of section 10(3), the proprietor of the school;".

132. In paragraph 3 of Schedule 4 (inspections of denominational education)-

(a) in sub-paragraph (2) for the words from "governors and" to "and to such" substitute "governors, to the local education authority and to such", and

(b) in sub-paragraph (5) for the words from "means" onwards substitute "means the governors' report under section 41 of the School Standards and Framework Act 1998."

133. Schedule 5 (education associations) shall be omitted.

Education Act 1997 (c.44)

134. The Education Act 1997 shall be amended as follows.

135. Omit the following sections-

(a) sections 2 and 3 (school discipline);

(b) sections 6 to 8 (exclusion of pupils);

136. In section 15 (baseline assessments: interpretation), in the definition of "maintained primary school" for paragraphs (a) to (c) substitute-

	"(a) a community, foundation or voluntary school, or
	(b) a community or foundation special school (other than one established in a hospital),".

137. In section 16(5) (adoption of baseline assessment schemes) for "a school which is maintained by a local education authority," substitute "a maintained primary school".

138. In section 17 (assessment of pupils)-

(a) in subsection (5) for paragraph (b) substitute-

"(b) the local education authority by whom the school is maintained,"; and

(b) in subsection (7)(a) omit the words from "(except" to "school)".

139. In section 18 (regulations for Chapter I of Part IV)-

(a) in subsection (1)(b) omit the words from "(except" to "school)"; and

(b) in subsection (2)(a) omit the words from "(in" to "school)".

140. In section 19 (school performance targets) for subsection (3) substitute-

	"(3) In this section "maintained school" means-
	(a) a community, foundation or voluntary school, or
	(b) a community or foundation special school (other than one established in a hospital)."

141. In section 23 (functions of Qualifications and Curriculum Authority)-

(a) in subsection (3) for the words from "receiving nursery" onwards substitute "under compulsory school age."; and

(b) in subsection (5), in the definition of "maintained school", for paragraphs (a) to (c) substitute-

	"(a) any community, foundation or voluntary school, and
	(b) any community or foundation special school."

142. In section 42 (miscellaneous amendments relating to school inspections), omit the words "and the Nursery Education and Grant-Maintained Schools Act 1996".

143. In section 43(2) (provision of careers education)-

(a) for paragraph (a) substitute-

"(a) community, foundation and voluntary schools;";

(b) omit paragraph (b); and

"(c) community or foundation special schools (other than those established in hospitals);".

144. In section 58(4) (commencement) omit "section 50,".

145. Omit the following provisions-

(a) Schedules 1 to 3;

(b) in Schedule 6, paragraph 5.

146. In Schedule 7 (minor and consequential amendments), omit paragraphs 15 to 22, 25, 31 to 35, 40 and 45 to 51.