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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”.

 

 

 
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