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Education Bill [HL]


Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 5 — Transitional exemption orders for purposes of Sex Discrimination Act 1975

117

 

      (5)  

When deciding whether or not to give any approval under this paragraph,

paragraph 9(5) applies to the adjudicator as it does to the committee.

Proposals relating to Academy

12    (1)  

Regulations may provide that, where proposals referred to the adjudicator

under paragraph 10(1) consist of or include proposals to establish an

5

Academy, the adjudicator must within the prescribed period consult the

Secretary of State in accordance with regulations, before taking any decision

under that paragraph.

      (2)  

The adjudicator may not approve under paragraph 11 proposals to establish

an Academy unless the Secretary of State, on being consulted under sub-

10

paragraph (1), has indicated in accordance with regulations that, if the

proposals were approved, he would be willing to commence negotiations

with a view to entering into an agreement under section 482 of the Education

Act 1996 (c. 56) for the establishment of an Academy.

      (3)  

Approval under paragraph 11 of proposals to establish an Academy does

15

not oblige the Secretary of State to enter into, or seek to enter into, an

agreement under section 482 of the Education Act 1996.

Implementation of proposals

13         

Proposals approved by the school organisation committee under paragraph

9 or by the adjudicator under paragraph 11 have effect as if they—

20

(a)   

had been made by the local education authority under their powers

to make or invite proposals for the establishment, alteration or

discontinuance of schools, or

(b)   

in any case where the proposals are for the alteration of a foundation,

voluntary or foundation special school, had been made by the

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governing body under their powers to make proposals for the

alteration of their school,

           

and had been approved by the school organisation committee or the

adjudicator, as the case may be, under paragraph 3 of Schedule 6 to the 1998

Act or, in the case of proposals to establish an Academy, under paragraph 4

30

of Schedule 10 to this Act.

Part 5

Transitional exemption orders for purposes of Sex Discrimination Act 1975

14    (1)  

This paragraph applies to proposals for a school in England to cease to be an

establishment which admits pupils of one sex only.

35

      (2)  

Sub-paragraph (3) applies where such proposals are made under paragraph

7 and, in accordance with sub-paragraph (5) of that paragraph, the Secretary

of State sends a copy of the published proposals to the school organisation

committee.

      (3)  

The sending of the published proposals to the school organisation

40

committee by the Secretary of State is to be treated as an application by the

responsible body for the making by the school organisation committee of a

transitional exemption order, and the committee may make such an order

accordingly.

 

 

Education Bill [HL]
Schedule 12 — School organisation: further amendments

118

 

      (4)  

Where—

(a)   

the school organisation committee have failed to reach a unanimous

decision under sub-paragraph (3) on whether to make a transitional

exemption order, or

(b)   

the school organisation committee refer the proposals to the

5

adjudicator under paragraph 9,

           

they must refer the question whether to make a transitional exemption order

to the adjudicator.

      (5)  

Where that question is referred to the adjudicator—

(a)   

he must consider the matter afresh, and

10

(b)   

he may make a transitional exemption order accordingly.

      (6)  

In this paragraph—

“the 1975 Act” means the Sex Discrimination Act 1975 (c. 65);

“make”, in relation to a transitional exemption order, includes (so far as

the context permits) vary or revoke;

15

“the responsible body” has the same meaning as in section 22 of the

1975 Act;

“transitional exemption order” has the same meaning as in section 27 of

the 1975 Act;

           

and references to proposals for a school to cease to be an establishment

20

which admits pupils of one sex only are references to proposals which are or

include proposals for such an alteration of a school’s admission

arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex

establishments becoming co-educational).

Schedule 12

25

Section 72

 

School organisation: further amendments

Education Act 1996 (c. 56)

1     (1)  

Section 5 of the Education Act 1996 (primary schools, secondary schools and

middle schools) is amended as follows.

      (2)  

For subsection (3) substitute—

30

“(3)   

In this Act “middle school” means a school which, in pursuance of

proposals published under section 28 or 28A of, or paragraph 5 of

Schedule 7 to, the School Standards and Framework Act 1998 or

section 66 of, or paragraph 7 of Schedule 11 to, the Education Act

2005, has been established as, or altered so as to become, a school for

35

providing full-time education suitable to the requirements of pupils

who—

(a)   

have attained a specified age below 10 years and six months,

and

(b)   

are under a specified age above 12 years (referred to in this

40

Act as “the relevant upper age”).”

      (3)  

In subsection (5) for the words from the beginning to “subsection” substitute

“The powers conferred by the enactments mentioned in subsection (3) (so far

 

 

Education Bill [HL]
Schedule 12 — School organisation: further amendments

119

 

as relating to the establishment of middle schools) and the powers conferred

by subsection”.

2          

In section 529 of the Education Act 1996 (power to accept gifts on trust for

educational purposes), in subsection (2), for the words from “section 28” to

the end substitute “sections 28 and 28A of the School Standards and

5

Framework Act 1998 and section 66 of the Education Act 2005 as an intention

to establish a new community school (so that proposals for that purpose

shall be published in accordance with those sections); and Schedule 6 to the

School Standards and Framework Act 1998 or Schedule 10 to the Education

Act 2005 (which relate to statutory proposals) shall apply accordingly”.

10

3          

In section 530 of the Education Act 1996 (compulsory purchase of land), in

subsection (1)(c), for “section 70 of the Education Act 2002” substitute

“section 66 of the Education Act 2005”.

4          

In section 580 of the Education Act 1996 (index), after the entry beginning

“relevant standard number” insert—

15

 

“relevant upper age (in relation to a

section 5(3)(b)”

 
 

middle school)

  

5     (1)  

In Schedule 35A to the Education Act 1996 (Academies: land), paragraph 1

is amended as follows.

      (2)  

In sub-paragraph (2)(b), for “section 70 of the Education Act 2002 (new

20

schools to meet increased demand for secondary education)” substitute

“section 66 of the Education Act 2005 (proposals for new secondary

schools)”.

      (3)  

In sub-paragraph (3)(d), for “section 70 of the Education Act 2002” substitute

“section 66 of the Education Act 2005”.

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School Standards and Framework Act 1998 (c. 31)

6          

In section 25 of the School Standards and Framework Act 1998 (adjudicators)

in subsection (2) after “this Act” insert “or Part 2 of the Education Act 2005”.

7          

In section 33 of the School Standards and Framework Act 1998 (further

provisions relating to establishment, alteration or discontinuance of

30

schools), in subsection (4), after “28,” insert “28A,”.

8          

In section 34 of the School Standards and Framework Act 1998

(rationalisation of school places)—

(a)   

for “Secretary of State” substitute “National Assembly for Wales”,

(b)   

for “and governing bodies” substitute “in Wales and governing

35

bodies of maintained schools in Wales”, and

(c)   

for “him” substitute “the Assembly”.

9          

In section 138 of the School Standards and Framework Act 1998 (orders and

regulations), in subsection (4), after “20(7),” insert “29(9A),”.

10         

In section 143 of the School Standards and Framework Act 1998 (index), in

40

the entry beginning “promoters”, after “section 28(2)” insert “or 28A(2)”.

 

 

Education Bill [HL]
Schedule 12 — School organisation: further amendments

120

 

11         

In Schedule 4 to the School Standards and Framework Act 1998 (school

organisation committees) in paragraph 5(4)—

(a)   

in paragraph (c), for “or paragraph 16 of Schedule 7” substitute “or

under paragraph 14 of Schedule 11 to the Education Act 2005”, and

(b)   

in paragraph (d), for “paragraph 8 of Schedule 7” substitute

5

“paragraph 9 of Schedule 11 to the Education Act 2005”.

12         

In Schedule 5 to the School Standards and Framework Act 1998

(adjudicators), in paragraph 5(1) (procedure), after “this Act” insert “or

under Part 2 of the Education Act 2005”.

13    (1)  

Schedule 6 to the School Standards and Framework Act 1998 (statutory

10

proposals: procedure and implementation) is amended as follows.

      (2)  

In paragraph 1(1), after “28,” insert “28A”.

      (3)  

In paragraph 2(1), after “28,” insert “28A,”.

      (4)  

In paragraph 3—

(a)   

in sub-paragraph (1), after “28,” insert “28A,”,

15

(b)   

after sub-paragraph (6C) insert—

   “(6D)  

If by the end of such period as may be specified in

regulations, the committee have not determined whether

to give any approval under this paragraph, they shall refer

the proposals to the adjudicator.”, and

20

(c)   

in sub-paragraph (8), after “28,” insert “28A,”.

      (5)  

In paragraph 4—

(a)   

in sub-paragraph (1), after “28,” insert “28A,”,

(b)   

in sub-paragraph (3)—

(i)   

omit paragraph (d), and

25

(ii)   

for paragraph (h) substitute—

“(h)   

a direction under paragraph 3(2) or 4(2) of

Schedule 11 to the Education Act 2005.”, and

(c)   

in sub-paragraph (4)(a), for “paragraph 8 or 9 of Schedule 7”

substitute “paragraph 9 or 11 of Schedule 11 to the Education Act

30

2005”.

      (6)  

In paragraph 5—

(a)   

in sub-paragraph (1)(a) and (4), after “28,” insert “28A,”,

(b)   

after sub-paragraph (6A) insert—

   “(6B)  

If by the end of such period as may be specified in

35

regulations, the committee have not decided any matter

falling to be decided by them under this paragraph, they

shall refer the proposals to the adjudicator.”, and

(c)   

in sub-paragraph (10), for “shall be regarded as requiring a fresh

approval” substitute “fall to be considered afresh by the committee”.

40

      (7)  

In paragraph 10(7), for “shall be regarded as requiring a fresh approval”

substitute “fall to be considered afresh by the Secretary of State”.

      (8)  

In paragraph 12(2), after “section 28(1)” insert “, 28A(1)”.

      (9)  

In paragraph 13—

(a)   

in sub-paragraph (2), after “section 28(1)” insert “, 28A(1)”.

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