School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons

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PART VII

MISCELLANEOUS AND GENERAL

Code of practice for local education authorities and maintained schools

Code of practice for securing effective relationships between LEAs and maintained schools.

117. - (1) The Secretary of State shall issue, and may from time to time revise, a code of practice containing such practical guidance as he thinks appropriate with a view to securing effective relationships between local education authorities and the schools maintained by them-

(a) in relation to promoting high standards of education in such schools; and

(b) in relation to the discharge of relevant functions of such authorities in relation to such schools.

(2) In discharging their functions in relation to any maintained school, it shall be the duty of-

(a) the local education authority,

(b) the governing body, and

to have regard to any relevant provisions of the code.

(3) Before issuing, or revising, the code the Secretary of State shall consult such persons as he thinks fit and shall consider any representations made by them.

(4) The Secretary of State shall publish the code as for the time being in force.

(5) The Secretary of State may under subsection (1) make different provision for England and Wales (whether or not by means of separate codes of practice); and references in this section to "the code" accordingly apply to any such separate code of practice.

(6) For the purposes of this section the relevant functions of a local education authority are the functions exercisable by or on behalf of such an authority under-

(a) sections 6 and 7 (so far as they relate to schools maintained by the authority),

(b) section 15(2),

(d) section 17(1),

(e) section 41(3) and (4),

(f) sections 52 and 53,

(g) section 60(1),

(h) Schedules 9 and 11 (so far as they relate to the appointment and removal of LEA governors),

(i) Schedule 13,

(j) paragraphs 1 and 2 of Schedule 15,

(k) Schedules 16 and 17, and

(l) section 25 of the School Inspections Act 1996,

and such other functions exercisable by or on behalf of a local education authority as the Secretary of State may determine for the purposes of this subsection.'.

Restrictions on financial assistance to non-maintained schools

Restrictions on financial assistance to non-maintained schools.

118. - (1) For section 18 of the Education Act 1996 there shall be substituted-

"Financial assistance to non-maintained schools.	18. - (1) Subject to subsection (2), a local education authority may-
	(a) assist any primary or secondary non-maintained school (whether inside or outside their area);
	(b) make arrangements for pupils to be provided with primary or secondary education at such schools.
	(2) Except in accordance with regulations, a local education authority may not under subsection (1) make any grant or other payment (whether to the proprietor of a school or otherwise) in respect of-
	(a) fees or expenses (of whatever nature) which are payable in connection with the attendance of a pupil at a school, or
	(b) such other matters as may be prescribed.
	(3) Regulations made for the purposes of subsection (2)(a) may provide that, in such circumstances as may be specified in or determined in accordance with the regulations, a local education authority-
	(a) shall exercise their power under subsection (1)(b) in relation to a pupil at a non-maintained school so as to pay the whole of-
	(i) the fees payable in respect of the education provided for the pupil, and
	(ii) if board and lodging are provided for him at the school, the fees payable in respect of the board and lodging, and
	(iii) any expenses of a prescribed description which are payable in connection with his attendance at the school; or
	(b) may exercise that power in relation to such a pupil so as to pay the whole or part of any fees or expenses falling within all or any of sub-paragraphs (i) to (iii) of paragraph (a) above.
	(4) In this section references to non-maintained schools are references to schools which are not maintained by any local education authority."

(2) In consequence of subsection (1), section 16(1)(c) of the Education Act 1996 (power of local education authority to assist primary or secondary school not maintained by the authority) shall cease to have effect.

The funding authorities

Dissolution of Funding Agency for Schools.

119. - (1) The Funding Agency for Schools shall be dissolved on such date as the Secretary of State may by order specify ("the dissolution date").

(2) Prior to their dissolution the Agency shall-

(a) prepare, and submit to the Secretary of State for his approval, a plan for the disposal of property of the Agency to persons other than the Secretary of State; and

(b) once the plan is approved by the Secretary of State, make arrangements for the disposal of the property in question in accordance with the plan.

(3) The Agency shall use their best endeavours to secure that any functions remaining to be discharged by them at any time after the commencement of this section are discharged by such date or dates falling before the dissolution date as the Secretary of State may determine.

(4) Section 24 of the Education Act 1996 (directions by Secretary of State) applies to functions of the Agency under this section; and paragraph 15 of Schedule 2 to that Act (accounts) shall have effect for the purposes of subsection (3) above subject to such modifications as the Secretary of State may determine.

(5) Any property, rights and liabilities to which the Agency are entitled or subject immediately before the dissolution date (whether or not capable of being transferred or assigned by the Agency) shall by virtue of this section become property, rights and liabilities of the Secretary of State on that date.

(6) Any legal proceedings to which the Agency are a party immediately before the dissolution date may be continued on or after that date by or in relation to the Secretary of State.

(7) Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability of the Agency shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if-

(a) where the Agency is a party to it, the Secretary of State were substituted as that party,

(b) for any reference to the Agency there were substituted a reference to the Secretary of State,

(c) for any reference (however worded and whether express or implied) to the chairman, the chief officer or any member of the Agency there were substituted a reference to such officer or officers as the Secretary of State may appoint for the purpose, and

(d) for any reference to the office or place of business of the Agency there were substituted a reference to the principal office of the Secretary of State.

Removal of power to establish Schools Funding Council for Wales.

120. Section 21 of the Education Act 1996 (which confers on the Secretary of State a power, so far unexercised, to establish the Schools Funding Council for Wales) shall cease to have effect.

School and nursery inspections

Publication of inspection reports.

121. - (1) After section 42 of the School Inspections Act 1996 there shall be inserted-

	"Publication of reports
Publication of inspection reports.	42A. - (1) The Chief Inspector may in the case of-
	(a) any report by a member of the Inspectorate of an inspection carried out by him under any provision of this Act (whether the report is required by any such provision or is otherwise made in pursuance of his functions under that provision), or
	(b) any report of an inspection under section 10 (other than one made by a member of the Inspectorate),
	arrange for the report to be published in such manner as the Chief Inspector considers appropriate.
	(2) Without prejudice to the generality of-
	(a) section 2(7)(c) or 5(7)(c), or
	(b) subsection (1) above,
	the Chief Inspector may arrange for a report to which that provision applies to be published by electronic means.
	(3) For the purposes of the law of defamation any report published by the Chief Inspector under any of those provisions shall be privileged unless the publication is shown to be made with malice.
	(4) Nothing in subsection (3) shall be construed as limiting any privilege subsisting apart from that subsection."

(2) In Schedule 1 to the Nursery Education and Grant-Maintained Schools Act 1996 (inspections of nursery education), at the end of paragraph 13 (reports of inspections) there shall be added-

"(3) Section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2)."

(3) In section 39 of the Education Act 1997 (reports of inspections of local education authorities), at the end of subsection (4) (publication of such reports) there shall be added "; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2)."

Miscellaneous amendments relating to school and nursery inspections.

122. Schedule 28(which contains amendments relating to inspections under the School Inspections Act 1996 and the Nursery Education and Grant-Maintained Schools Act 1996) shall have effect.

Education Assets Board

Change of name of Education Assets Board.

123. - (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.

124. - (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(4), 69, 74, 101(3)(a) or 127(1); or

(b) paragraph 5 of Schedule 5, paragraph 2 or 3 of Schedule 7, paragraph 3(5) of Schedule 10, 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 20(6), 65(3), 77(5), 96, 100(10) or 130; or

(b) paragraph 4 or 8 of Schedule 23 or paragraph 1 of Schedule 31.

(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.

125. - (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

(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.

Prepared 5 March 1998