Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 16 — Funding of maintained schools
141

(a)
if section 45AB is in force in relation to that funding period, a
reference to the amount specified in a notice under section
45AB(1)(b), or
(b)
if regulations under section 45AC(1) are in force in relation to
that funding period, a reference to such amount, determined
5
by the authority in accordance with those regulations and
specified in a notice required by those regulations to be given
to the Assembly, as may be prescribed.
(3)
If at the schools budget deadline in any funding period, a local
education authority in Wales have failed to give the Assembly a
10
notice under section 45AB(1)(b) or a notice required as mentioned in
subsection (2)(b), the Assembly may, at any time after that deadline,
give the authority a notice under subsection (6) or (7).
(4)
In this section “the schools budget deadline”—
(a)
in a case falling within subsection (2)(a), has the same
15
meaning as in section 45AB, and
(b)
in a case falling within subsection (2)(b), means the time in
the funding period preceding the funding period to which
the schools budget relates by which regulations under
section 45AC(1) require notice of a revised determination of
20
the schools budget to be given to the Assembly.
(5)
In this section and section 45C “the period under consideration”
means the funding period to which the notice mentioned in
subsection (2)(a) or (b) relates or, in a case falling within subsection
(3), the funding period in relation to which such a notice ought to
25
have been given.
(6)
A notice under this subsection is a notice determining the minimum
amount of the authority’s schools budget for the period under
consideration.
(7)
A notice under this subsection is a notice which—
30
(a)
specifies the amount which the Assembly would have
determined as the minimum amount of the authority’s
schools budget for the period under consideration if the
Assembly had acted under subsection (4), and
(b)
states the Assembly’s intention to determine the minimum
35
amount of the authority’s schools budget for the following
funding period.
(8)
A notice under subsection (6) or (7) must include a statement of the
Assembly’s reasons for giving the notice.
(9)
The Assembly may act under different subsections in relation to
40
different authorities.
45C
Effect of notice under section 45B(6)
(1)
The local education authority may, within the period of fourteen
days beginning with the date of a notice under section 45B(6), give
the National Assembly for Wales notice of their objection to the
45
Assembly’s determination, giving reasons for their objection.
(2)
Where the local education authority have given notice of their
objection under subsection (1), the notice under section 45B(6) shall

Education Bill [HL]
Schedule 16 — Funding of maintained schools
142

cease to have effect, but the Assembly may by order prescribe the
minimum amount of the authority’s schools budget for the period
under consideration.
(3)
The amount prescribed under subsection (2) must not be greater than
the amount specified in the notice under section 45B(6).
5
(4)
An order under subsection (2) may relate to two or more authorities.
(5)
Where—
(a)
a notice under section 45B(6) has been given to a local
education authority and no notice of objection has been given
during the period specified in subsection (1), or
10
(b)
an order has been made under subsection (2),

the local education authority shall determine a schools budget for the
period under consideration which is not less than the amount
specified in relation to the authority in the notice or order.
45D
Power of Assembly to repeal Wales-only school funding provisions
15
The Assembly may by order—
(a)
repeal any of the following provisions—
section 45AB,
section 45AC(4), and
sections 45B and 45C, and
20
(b)
make any amendments of the other provisions of this
Chapter which appear to the Assembly to be necessary or
expedient in consequence of any repeal made by virtue of
paragraph (a).”
Determination of schools’ budget shares
25
6     (1)
Section 47 of the 1998 Act (determination of school’s budget share) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “financial year” substitute “funding period”, and
(b)
for “that year” substitute “that period”.
30
      (3)
In subsection (2)—
(a)
after paragraph (d) insert—
“(dd)
authorising or requiring such authorities to take
account of matters arising after the initial
determination of budget shares for a funding period
35
but before the beginning of the funding period, by
redetermining budget shares for that period in
accordance with the regulations, and requiring them
in that connection to disregard such matters as may
be specified in the regulations;”,
40
(b)
in paragraph (e) for “financial year” substitute “funding period” and
for “year” in sub-paragraphs (i) and (ii) substitute “funding period”,
(c)
after paragraph (f) insert—
“(ff)
requiring notice of any initial determination or
revised determination to be given in accordance with
45

Education Bill [HL]
Schedule 17 — Foundation, voluntary and foundation special schools: disposal of land
143

the regulations to the governing bodies of schools
maintained by the authority in question;”, and
(d)
for paragraph (g) substitute—
“(g)
authorising local education authorities in prescribed
cases to determine (or redetermine) budget shares, to
5
such extent as may be prescribed, in accordance with
arrangements approved by the authority’s schools
forum or the Secretary of State in accordance with the
regulations (in place of the arrangements provided
for by the regulations);”.
10
      (4)
After subsection (2) insert—
“(2A)
The time by which regulations made in pursuance of subsection
(2)(a) require an initial determination of schools’ budget shares for a
funding period to be made may be up to 48 months before the
beginning of the funding period.”
15
Functions of schools forum
7
In section 47A of the 1998 Act (schools forums) for subsection (3)
substitute—
“(3)
The purpose of a schools forum is—
(a)
to advise the relevant authority on such matters relating to
20
the authority’s schools budget as may be prescribed by
regulations under section 45A(3) or by regulations under this
subsection, and
(b)
to exercise any function that may be imposed on the schools
forum by virtue of section 45A(4A) or 47(2)(g).”
25
Certain regulations to be subject to affirmative procedure
“8
In section 138 of the 1998 Act (orders and regulations), in subsection (5)
(orders and regulations that are subject to affirmative procedure) after
paragraph (b) insert “or
(c)
the first regulations to be made under section 45AA, or
30
(d)
the first regulations to be made under section 47 in relation to
England after the coming into force of paragraph 6 of
Schedule 16 to the Education Act 2005,”.
Schedule 17
Section 107

Foundation, voluntary and foundation special schools: disposal of land
35
1
Schedule 22 to the School Standards and Framework Act 1998 (c. 31)
(disposal of land in case of certain schools and disposals on discontinuance)
is amended as follows.
2     (1)
Paragraph 1 (disposal of land by governing body of foundation, voluntary
or foundation special school) is amended as follows.
40
      (2)
In sub-paragraph (1)—
(a)
at the beginning insert “Subject to sub-paragraph (1A),”, and

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

(b)
in paragraph (a), after “paragraph 5(4)(c)” insert “or 5(4B)(d)”.
      (3)
After sub-paragraph (1) insert—
   “(1A)
This paragraph does not apply to any disposal which—
(a)
is made by the governing body of a foundation or
foundation special school after the commencement of this
5
sub-paragraph, and
(b)
is a disposal to the trustees of the school made on the
school becoming a school with a foundation falling within
section 21(1)(a).”
      (4)
In sub-paragraph (2), for “any such disposal” substitute “any disposal to
10
which this paragraph applies”.
      (5)
In sub-paragraph (3), after “any such disposal” insert “and he decides to give
that consent”.
3
In paragraph 2 (disposal of land by foundation body), in sub-paragraph (3)
after “any such disposal” insert “and he decides to give that consent”.
15
4
After paragraph 2 insert—
“Disposal of land by trustees of foundation school or foundation special school
2A    (1)
This paragraph applies to any disposal by the trustees of a
foundation or foundation special school of—
(a)
any land acquired under paragraph 2 of Schedule 3, under
20
paragraph 16 of Schedule 6 (including that provision as
applied by any enactment), under paragraph 5(4B)(d) of
this Schedule or under any regulations made under
paragraph 5 of Schedule 8,
(b)
any land acquired, or enhanced in value, wholly or partly
25
with the proceeds of disposal of any land acquired as
mentioned in paragraph (a), or
(c)
any land falling within sub-paragraph (2) which was
acquired by the trustees from the governing body of the
school or of another foundation or foundation special
30
school.
      (2)
Land falls within this sub-paragraph if—
(a)
it had been acquired by the governing body—
(i)
under a transfer under section 201(1)(a) of the
Education Act 1996, or
35
(ii)
under any of the provisions mentioned in sub-
paragraph (1)(a), or
(b)
it had been acquired by the governing body, or enhanced
in value, wholly or partly with the proceeds of disposal of
land acquired as mentioned in paragraph (a).
40
      (3)
The trustees shall not make any disposal to which this paragraph
applies without the written consent of the Secretary of State.
      (4)
Where the trustees apply to the Secretary of State for his consent
to any such disposal and he decides to give that consent, he may
do one or more of the following, namely—
45

Education Bill [HL]
Schedule 17 — Foundation, voluntary and foundation special schools: disposal of land
145

(a)
require the land or any part of the land to be transferred to
such local authority as he may specify, subject to the
payment by that authority of such sum by way of
consideration (if any) as he determines to be appropriate;
and
5
(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
10
(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
15
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—
20
(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
25
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
30
(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.”
35
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
40
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
45
State may do one or more of the following, namely—

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

(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
school or for the purposes of a voluntary school, direct the
5
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
10
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
15
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
20
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”.
25
      (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)
30
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,
35
(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
40
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

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

(7A) substitute—
“(5)
The governing body of a community, foundation or voluntary
school, a maintained nursery school, or a community or foundation
special school shall—
(a)
in the case of a school in England, prepare a report containing
5
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).
(6)
In subsection (5) “special needs information” means—
10
(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—
(i)
the arrangements for the admission of disabled
15
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
disabled pupils, and
20
(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
disabled person for the purposes of the 1995 Act; and section 28Q of
25
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
paragraph (b) substitute—
30
“(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
local education authority in England, or
35
(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,”.
4
The references in section 23(9) and (10) of the Anti-social Behaviour Act 2003
40
(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.
      (2)
In subsections (1), (2) and (3), for “financial year” substitute “funding
45
period”.