School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons
PART VII, MISCELLANEOUS AND GENERAL - continued
Supplementary - continued

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Minor and consequential amendments and repeals.

126. - (1) The minor and consequential amendments set out in Schedule 29 shall have effect.

(2) Unless the context otherwise requires, any reference in any enactment amended by this Act-

(a) to a maintained school, or

(b) to a community, foundation or voluntary school or a community or foundation special school,

is a reference to such a school within the meaning of this Act.

(3) The enactments specified in Schedule 30 are repealed to the extent specified.

(4) Any articles of government of a school which are in force under the Education Act 1996 immediately before the appointed day shall cease to have effect on that day.

General interpretation.

127. - (1) In this Act, unless the context otherwise requires-

"the appropriate further education funding council" has the meaning given by section 1(6) of the Further and Higher Education Act 1992;

"Church in Wales school" means a school in the Province of Wales in which the religious education provided is provided in accordance with the faith and practice of the Church in Wales and "appropriate diocesan authority", in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese;

"Church of England school" means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and "appropriate diocesan authority", in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated;

"contract of employment", "employee" and "employer" have the same meaning as in the Employment Rights Act 1996;

"employment" (except in section 84(4)) means employment under a contract of employment, and "employed" shall be construed accordingly;

"maintained school" (except in Part III) has the meaning given by section 20(6);

"prescribed" means prescribed by regulations;

"reception class" means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;

"regulations" means regulations made by the Secretary of State under this Act;

"relevant age group", in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;

"Roman Catholic Church school" means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and "appropriate diocesan authority", in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated;

"school maintained by a local education authority" means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;

"statutory provision" means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.

(2) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of "appropriate diocesan authority" the Secretary of State shall consult the bishop for the diocese.

(3) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class.

(4) For the purposes of this Act-

(a) a person employed by a local education authority is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school; and

(b) a person employed by a local education authority is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.

(5) This Act shall be construed as one with the Education Act 1996; and (without prejudice to their generality) paragraphs 1 and 2 of Schedule 39 to that Act (construction of references etc.) apply to references in this Act to provisions of that Act.

(6) Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.

(7) Subsection (1) of section 576 of that Act (meaning of "parent") shall, in its application for the purposes of-

(a) section 42 or 60(2) of this Act, or

(b) paragraph 4 of Schedule 2 or paragraph 4 or 14 of Schedule 9 to this Act,

be taken as referring only to persons within paragraph (a) or (b) of that subsection who are individuals.

Index.

128. The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

Expression	Relevant provision
ability (in Chapter II of Part III)	section 91(5)
adjudicator	section 24(3)
admission arrangements (in Part III in relation to a maintained school)	sections 80(2) and 91(5)
admission authority (in Chapter I of Part III in relation to a maintained school)	section 80(1)
admitted to a school for nursery education	section 127(3)
aggregated schools budget (in Part II)	section 44(2)
alteration (in Part II in the context of a prescribed alteration to a maintained school)	section 27(11)
appeal panel (in Chapter I of Part III)	section 76(6)
appointed day	section 20(6)
appropriate diocesan authority (in relation to a Church in Wales, Church of England or Roman Catholic Church school)	section 127(1)
appropriate further education funding council	section 127(1)
area (in Part II)	section 27(11)
budget share (in Part II)	section 45(1)
Chief Inspector (in Chapter IV of Part I)	section 14(4)
child (in Chapter I of Part III but not in sections 88 and 89)	section 76(6)
Church in Wales school	section 127(1)
Church of England school	section 127(1)
class (in Chapter I of Part I)	section 4
"contract of employment" and other expressions relating to employment	section 127(1) and (4).
discontinuing, and implementing proposals to discontinue, a school (in Part II in relation to a local education authority)	section 28(10)
education action zone (in Chapter III of Part I)	section 10(1)
exclude, exclusion (in relation to the exclusion of a child from a school)	section 61(4)
foundation (in relation to a foundation or voluntary school) (and having a foundation)	section 21(3)
foundation body	section 21(4)
foundation governor	paragraph 2 of Schedule 9
general schools budget (in Part II)	section 44(1)
governing body (of a maintained school or of a school maintained by a local education authority) (in Chapter IV of Part II)	section 43(3)
grammar school (in Chapter II of Part III)	section 96(7)
group (in relation to a foundation body)	section 21(4)
infant class (in Chapter I of Part I)	section 4
local education authority (in relation to a school maintained, or proposed to be maintained, by such an authority)	section 22(8)
maintain (in relation to a maintained school or a maintained nursery school)	section 22(8)
maintained school
(generally)	section 20(6)
(in Chapter IV of Part II in a context referring to a local education authority)	section 43(3)
(in Chapter I of Part III)	section 76(6)
(in Chapter II of Part III)	section 91(5)
maintained nursery school	section 22(9)
member of the Inspectorate (in Chapter IV of Part I)	section 14(4)
nursery education (in Part V)	section 107
ordinary teaching session (in Chapter I of Part I)	section 4
participating school (in Chapter III of Part I in relation to an education action zone)	section 10(6)
prescribed	section 127(1)
promoters (in Part II)	section 27(2)
qualified teacher (in Chapter I of Part I in relation to an infant class)	section 4
reception class	section 127(1)
regulations	section 127(1)
relevant age group	section 127(1)
relevant standard number (in Chapter I of Part III)	section 76(6)
right to a delegated budget (in Part II)	section 47(10)
Roman Catholic Church school	section 127(1)
scheme (in Part II in relation to a maintained school)	section 46(5)
school having a delegated budget (in Part II)	section 47(10)
school maintained by a local education authority
(generally)	section 127(1)
(in Chapter IV of Part II)	section 43(3)
school organisation committee	section 23(4)
school requiring special measures (in Chapter IV of Part I)	section 14(4)
school which has a religious character (in Part II in relation to a foundation or voluntary school)	section 65(3)
school which has selective admission arrangements (in Chapter II of Part III)	section 96(2)
statutory provision	section 127(1)

Transitional provisions etc.

129. - (1) The Secretary of State may at any time by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.

(2) An order under subsection (1) may, in particular, make provision-

(a) for enabling any authority or body by whom any functions will become exercisable on the appointed day by virtue of any provision made by or under this Act to take before that day any steps (such as the establishment of committees or the undertaking of consultation) which are necessary or expedient in preparation for the exercise of those functions;

(b) for requiring any body-

(i) by whom any functions will cease to be exercisable at any time, or

(ii) who are required to be reconstituted as from any time,

by virtue of any provision made by or under this Act to take before that time any steps (such as the provision of information, the furnishing of other assistance or the taking of any decision) which are necessary or expedient in preparation for the exercise of functions conferred on any authority or other body, by virtue of any such provision, as from that time or (as the case may be) in preparation for their reconstitution;

(c) for the making before the appointed day of arrangements for securing the satisfactory operation from that day of any such provision and for defraying the cost of any such arrangements;

(d) for prohibiting or restricting the taking of steps before the appointed day which, by virtue of any such provision, will cease to be capable of being taken as from that day;

(e) for enabling the determination under the order of matters pending immediately before the appointed day;

(f) for any provision of this Act which comes into force before-

(i) another such provision has come into force, or

(ii) anything falling to be done under another such provision (such as the approval of a school organisation plan) has been done,

to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the order;

(g) for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the appointed day, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.

(3) The amendments that may be made under subsection (2)(g) shall be in addition (and without prejudice) to those made by any other provision of this Act.

(4) Nothing in this Act shall be read as prejudicing the generality of subsection (1).

(5) The transitional provisions and savings in Schedule 31 shall have effect.

Short title, commencement and extent.

130. - (1) This Act may be cited as the School Standards and Framework Act 1998.

(2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996.

(3) Subject to subsections (4) to (6), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.

(4) The following provisions come into force on the day on which this Act is passed-

sections 1 to 4;

sections 20 and 21 (other than subsections (8) and (9));

section 35(3);

section 74;

sections 76 and 77;

sections 124, 125, 127 to 129 and this section;

Schedule 2;

Parts I and III of Schedule 11; and

Schedule 31.

(5) The following provisions come into force on the day on which this Act is passed, but for the purposes only of the allocation and determination of budget shares for the financial year beginning on 1st April 1999-

sections 43 to 46;

section 48(3) and (4); and

Schedule 14.

(6) The following provisions come into force on the day on which this Act is passed, but for the purposes only of the preparation of instruments of government and the constitution of governing bodies-

sections 35(1) and (2) and 36(1) and (2); and

Schedules 9, 10 and 12.

(7) Subject to subsection (8), this Act extends to England and Wales only.

(8) The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

Prepared 5 March 1998