Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 17 — Foundation, voluntary and foundation special schools: disposal of land
144

(b)
give the trustees, when the land or any part of the land is
disposed of—
(i)
a direction to pay to such local authority as he may
specify the whole or any part of the proceeds of the
disposal; and
5
(ii)
a direction as to the use to which the whole or any
part of the proceeds of disposal should be put.
      (5)
More than one direction may be given under sub-paragraph
(4)(b)(i) in relation to a disposal of land within sub-paragraph (1)
where it is just to do so, in particular where the disposal involves
10
the creation of a lease.
      (6)
Where the trustees of a foundation or foundation special school
wish, in the case of any land held by them for the purposes of the
school, to use the land for purposes not connected with the
provision of education in maintained schools—
15
(a)
the preceding provisions of this paragraph shall apply as if
any such change of use of the land were a disposal of the
land; and
(b)
the value of the land as at the date of any direction under
sub-paragraph (4)(b)(i) or (ii) shall be treated as proceeds
20
of the disposal of the land.”
5     (1)
Paragraph 3 (disposal of land by trustees of foundation, voluntary or
foundation special school) is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
at the beginning insert “Subject to sub-paragraph (2A),”, and
25
(b)
in paragraph (a), after “enactment)” insert “, under paragraph
5(4B)(d) of this Schedule”.
      (3)
After sub-paragraph (2) insert—
   “(2A)
Nothing in sub-paragraph (1) applies in relation to any disposal to
the extent that it is a disposal to which paragraph 2A applies.”
30
6     (1)
Paragraph 5 (discontinuance of foundation, voluntary and foundation
special schools: land) is amended as follows.
      (2)
After sub-paragraph (4) insert—
   “(4A)
Where the school is a foundation or foundation special school
which has a foundation, the trustees of the school shall apply to
35
the Secretary of State for him to exercise his powers under sub-
paragraph (4B) in relation to any land falling within paragraph
2A(1)(a), (b) or (c) which is held by the trustees for the purposes of
the school.
     (4B)
On an application under sub-paragraph (4A), the Secretary of
40
State may do one or more of the following, namely—
(a)
make any such requirement as is mentioned in paragraph
2A(4)(a);
(b)
where the trustees have power to use the land for the
purposes of another foundation or foundation special
45
school or for the purposes of a voluntary school, direct the

Education Bill [HL]
Schedule 18 — Further amendments related to provisions of Part 4
145

trustees to exercise that power in such manner as he may
specify;
(c)
direct the trustees to pay to such local authority as he may
specify the whole or any part of the value, as at the date of
the direction, of the whole or any part of the land referred
5
to in sub-paragraph (4A); and
(d)
in a case where the discontinuance of the school is
connected with proposals under any enactment to
establish, or to make a prescribed alteration to, any other
school or schools, require the land or any part of the land
10
to be transferred—
(i)
to the trustees, foundation body or governing body
of such maintained school as he may specify, or
(ii)
to the trustees, foundation body or temporary
governing body of such new school as he may
15
specify.”
      (3)
In sub-paragraph (5)—
(a)
for “or foundation body” substitute “, foundation body or trustees”,
(b)
for “(2) or (3)” substitute “(2), (3) or (4A)”, and
(c)
for “(4)” substitute “(4) or (4B), as the case may be”.
20
      (4)
In sub-paragraph (6)(a), after “falling within paragraph 3(1) or (2)” insert
“but not within paragraph 2A(1)(a), (b) or (c)”.
Schedule 18
Section 117

Further amendments related to provisions of Part 4
Children Act 1989 (c. 41)
25
1
In section 36 of the Children Act 1989 (education supervision orders), in
subsection (5) for paragraph (b) substitute—
“(b)
is not attending regularly within the meaning of section 444
of that Act—
(i)
a school at which he is a registered pupil,
30
(ii)
any place at which education is provided for him in
the circumstances mentioned in subsection (1) of
section 444ZA of that Act, or
(iii)
any place which he is required to attend in the
circumstances mentioned in subsection (2) of that
35
section,”.
Education Act 1996 (c. 56)
2
In section 317 of the Education Act 1996 (duties of governing body or LEA
in relation to pupils with special educational needs), for subsections (5) to
(7A) substitute—
40
“(5)
The governing body of a community, foundation or voluntary
school, a maintained nursery school, or a community or foundation
special school shall—

Education Bill [HL]
Schedule 18 — Further amendments related to provisions of Part 4
146

(a)
in the case of a school in England, prepare a report containing
special needs information, and
(b)
in the case of a school in Wales, include special needs
information in the report prepared under section 30(1) of the
Education Act 2002 (governors’ report).
5
(6)
In subsection (5) “special needs information” means—
(a)
such information as may be prescribed about the
implementation of the governing body’s policy for pupils
with special educational needs, and
(b)
information as to—
10
(i)
the arrangements for the admission of disabled
persons as pupils at the school,
(ii)
the steps taken to prevent disabled pupils from being
treated less favourably than other pupils,
(iii)
the facilities provided to assist access to the school by
15
disabled pupils, and
(iv)
the plan prepared by the governing body under
section 28D of the Disability Discrimination Act 1995
(“the 1995 Act”).
(6A)
In subsection (6)(b) “disabled person” means a person who is a
20
disabled person for the purposes of the 1995 Act; and section 28Q of
the 1995 Act (interpretation) applies for the purposes of subsection
(6)(b) as it applies for the purposes of Chapter 1 of Part 4 of that Act.”
3
In section 444A of the Education Act 1996 (penalty notice in respect of failure
to secure attendance at school of registered pupil), in subsection (1), for
25
paragraph (b) substitute—
“(b)
that the offence relates—
(i)
to a relevant school in England,
(ii)
in a case falling within subsection (1) of section
444ZA, to a place at which education is provided by a
30
local education authority in England, or
(iii)
in a case falling within subsection (2) of that section,
to a place at which a child is required to attend by the
appropriate authority (within the meaning of that
section) for a relevant school in England,”.
35
4
The references in section 23(9) and (10) of the Anti-social Behaviour Act 2003
(c. 38) to section 444A of the Education Act 1996 are to be read as references
to that section as amended by paragraph 3 of this Schedule.
5     (1)
Section 494 of the Education Act 1996 (recoupment: excluded pupils) is
amended as follows.
40
      (2)
In subsections (1), (2) and (3), for “financial year” substitute “funding
period”.
      (3)
After subsection (5) insert—
“(6)
In this section “funding period” has the meaning given by section
45(1B) of the School Standards and Framework Act 1998.”
45
6
In section 566 of the Education Act 1996 (evidence: documents), after

Education Bill [HL]
Schedule 18 — Further amendments related to provisions of Part 4
147

subsection (2) insert—
“(3)
Where a child of compulsory school age is required to attend at—
(a)
any place at which education is provided for him in the
circumstances mentioned in subsection (1) of section 444ZA,
or
5
(b)
any place in the circumstances mentioned in subsection (2) of
that section,

subsection (1)(c) has effect as if the place in question were a school
and the person in charge of the provision of education or training at
that place were its head teacher (and subsection (2) has effect
10
accordingly).”
School Standards and Framework Act 1998 (c. 31)
7
In section 48 of the School Standards and Framework Act 1998 (LEAs’
financial schemes) in subsection (2)(a) for “financial year” substitute
“funding period”.
15
8
In section 50 of the School Standards and Framework Act 1998 (effect of
financial delegation) in subsection (1)—
(a)
for “financial year” substitute “funding period”,
(b)
for “that year” substitute “that period”, and
(c)
in paragraphs (a) and (b) for “year”, wherever occurring, substitute
20
“period”.
9
In section 51A of the School Standards and Framework Act 1998
(expenditure incurred for community purposes) in subsection (2) for
“financial year” substitute “funding period”.
10    (1)
Section 52 of the School Standards and Framework Act 1998 (financial
25
statements) is amended as follows.
      (2)
In subsection (1)—
(a)
for “financial year” substitute “prescribed period”, and
(b)
for “that year” substitute “that period”.
      (3)
After subsection (1) insert—
30
“(1A)
The periods prescribed for the purposes of subsection (1)—
(a)
must consist of one or more funding periods, and
(b)
may include funding periods in respect of which (by virtue of
their inclusion in one or more earlier periods prescribed for
the purposes of that subsection) information relating to
35
planned expenditure has previously been required under
that subsection.”
      (4)
In subsection (2)—
(a)
for “financial year” substitute “prescribed period”, and
(b)
in paragraphs (a) to (d), for “year” substitute “period”.
40
      (5)
After subsection (2A) insert—
“(2B)
The periods prescribed for the purposes of subsection (2) must
consist of one or more funding periods.”

Education Bill [HL]
Schedule 18 — Further amendments related to provisions of Part 4
148

11    (1)
In Schedule 15 to the School Standards and Framework Act 1998
(suspension of financial delegation), paragraph 2 is amended as follows.
      (2)
In sub-paragraph (1)(a)—
(a)
for “financial year” substitute “funding period”, and
(b)
for “that year” substitute “that period”.
5
      (3)
In sub-paragraph (3), for “financial year”, in both places where it occurs,
substitute “funding period”.
Learning and Skills Act 2000 (c. 21)
12    (1)
Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms:
England) is amended as follows.
10
      (2)
In subsection (1)(a), for “financial year” substitute “funding period”.
      (3)
For subsection (3) substitute—
“(3)
In this section—
“funding period” means a financial year or, if some other period
is prescribed in relation to England under subsection (1B) of
15
section 45 of the School Standards and Framework Act 1998
(maintained schools to have budget shares), that other
period;
“schools budget” has the same meaning as in Part 2 of that Act
(framework for maintained schools).”
20
13    (1)
Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms:
Wales) is amended as follows.
      (2)
In subsection (1)(a), for “financial year” substitute “funding period”.
      (3)
For subsection (3) substitute—
“(3)
In this section—
25
“funding period” means a financial year or, if some other period
is prescribed in relation to Wales under subsection (1B) of
section 45 of the School Standards and Framework Act 1998
(maintained schools to have budget shares), that other
period;
30
“schools budget” has the same meaning as in Part 2 of that Act
(framework for maintained schools).”
Education Act 2002 (c. 32)
14    (1)
Section 37 of the 2002 Act (payments in respect of dismissal etc.) is amended
as follows.
35
      (2)
In subsection (4), for “financial years” substitute “funding periods”.
      (3)
In subsections (5) and (8), for “financial year” substitute “funding period”.
      (4)
For subsection (12) substitute—
“(12)
In this section—
“community purposes” means the purposes of the provision of
40
facilities or services under section 27;

Education Bill [HL]
Schedule 19 — Repeals
Part 1 — School inspections
149

“funding period” has the meaning given by section 45(1B) of the
School Standards and Framework Act 1998.”
Anti-social Behaviour Act 2003 (c. 38)
15
In section 19 of the Anti-social Behaviour Act 2003 (parenting contracts in
cases of exclusion from school or truancy), in subsection (2), for the words
5
from “a relevant” to the end substitute—
“(a)
a relevant school at which he is a registered pupil,
(b)
any place at which education is provided for him in the
circumstances mentioned in subsection (1) of section 444ZA
of the Education Act 1996, and
10
(c)
any place at which he is required to attend in the
circumstances mentioned in subsection (2) of that section.”
Schedule 19
Section 123

Repeals
Part 1
15
School inspections

Short title and chapter
Extent of repeal

Parliamentary Commissioner
In Schedule 4, the entry beginning “Registered

Act 1967 (c. 13)
Inspectors of Schools Appeal Tribunals”.

Children Act 1989 (c. 41)
Section 79P.

20

In section 79Q—

  in subsection (2), the words “or secure the

inspection by a registered inspector of”,

  in subsection (3), the words “or secure the

inspection by a registered inspector of”,

25

  subsection (4), and

  subsection (7).

Section 79R(1) and (2).

In section 79T(2)(a), the words “the quality and

standards of”.

30

Education Act 1996 (c. 56)
In section 578(1), the words “the School

Inspections Act 1996”.

School Inspections Act 1996
The whole Act.

(c. 57)

Education Act 1997 (c. 44)
Section 42.

35

Schedule 6.

Teaching and Higher Education
Sections 35 and 35A.

Act 1998 (c. 30)

Education Bill [HL]
Schedule 19 — Repeals
Part 2 — School organisation
150

Short title and chapter
Extent of repeal

School Standards and
Section 15(5).

Framework Act 1998 (c. 31)
Section 127(6)(l).

Section 134(1).

Section 135.

5

In Schedule 26—

  paragraph 2(4),

  in paragraph 8, in sub-paragraph (1), the

words from the beginning to “England, and”

and in sub-paragraph (5) the words “England

10

and”,

  paragraph 9(5),

  paragraph 10(1A).

Part 1 of Schedule 28.

In Schedule 30, paragraphs 190 to 206.

15

Learning and Skills Act 2000
Section 81.

(c. 21)
In Schedule 7, paragraphs 9 and 14.

In Schedule 9, paragraphs 65 to 68.

Education Act 2002 (c. 32)
Section 54.

Section 56(2).

20

In section 171, the definition of “registered

inspector”.

Section 179.

Section 188.

In Schedule 7, paragraph 7.

25

Schedule 16.

In Schedule 21, paragraph 59 to 68.

Part 2
School organisation

Short title and chapter
Extent of repeal

30

School Standards and
In section 28, subsection (1A), in subsection (2)

Framework Act 1998
the words “(otherwise than pursuant to a

notice under section 70 of the Education Act

2002)”, and subsection (4).

In Schedule 6, paragraph 4(3)(d).

35

In Schedule 7—

  paragraph 2(5);

  paragraph 3(5);

  in paragraph 4, sub-paragraphs (1) to (6) and,

in sub-paragraph (7), the words “(whether

40

relating to an area in England or in Wales)”;

  paragraph 5(3);

  paragraphs 6 to 10; and

  paragraph 16.

In Schedule 30, paragraphs 59 and 145(a).

45

Education Act 2002
Sections 70 and 71.

Section 74.

In Schedule 8, paragraphs 1 to 8 and 9(1).

In Schedule 21, paragraph 97.