|
| |
|
(a) | if section 45AB is in force in relation to that funding period, a |
| |
reference to the amount specified in a notice under section |
| |
| |
(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 |
| |
(6) | A notice under this subsection is a notice determining the minimum |
| |
amount of the authority’s schools budget for the period under |
| |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
|
| |
|
| |
|
cease to have effect, but the Assembly may by order prescribe the |
| |
minimum amount of the authority’s schools budget for the period |
| |
| |
(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. |
| |
| |
(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— |
| |
| |
| |
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 |
| |
| |
Determination of schools’ budget shares |
| 25 |
6 (1) | Section 47 of the 1998 Act (determination of school’s budget share) is |
| |
| |
| |
(a) | for “financial year” substitute “funding period”, and |
| |
(b) | for “that year” substitute “that period”. |
| 30 |
| |
(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 |
|
| |
|
| |
|
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) |
| |
| |
“(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 |
| |
| |
(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 |
| |
| |
(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,”. |
| |
| |
| |
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) |
| |
| |
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 |
| |
|
| |
|
| |
|
(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 |
| |
(b) | is a disposal to the trustees of the school made on the |
| |
school becoming a school with a foundation falling within |
| |
| |
(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 |
| |
| |
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 |
| |
(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 |
| |
| 35 |
(ii) | under any of the provisions mentioned in sub- |
| |
| |
(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 |
|
| |
|
| |
|
(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; |
| |
| 5 |
(b) | give the trustees, when the land or any part of the land is |
| |
| |
(i) | a direction to pay to such local authority as he may |
| |
specify the whole or any part of the proceeds of the |
| |
| 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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(4B) | On an application under sub-paragraph (4A), the Secretary of |
| 45 |
State may do one or more of the following, namely— |
| |
|
| |
|
| |
|
(a) | make any such requirement as is mentioned in paragraph |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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)”. |
| |
| |
| |
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 |
| |
| |
(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 |
| |
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 |
| |
|
| |
|
| |
|
| |
“(5) | The governing body of a community, foundation or voluntary |
| |
school, a maintained nursery school, or a community or foundation |
| |
| |
(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 |
| |
| |
(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 |
| |
| 20 |
(iv) | the plan prepared by the governing body under |
| |
section 28D of the Disability Discrimination Act 1995 |
| |
| |
(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 |
| |
| |
(2) | In subsections (1), (2) and (3), for “financial year” substitute “funding |
| 45 |
| |
|
| |
|