Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

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

      (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.”
6
In section 566 of the Education Act 1996 (evidence: documents), after
subsection (2) insert—
5
“(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
(b)
any place in the circumstances mentioned in subsection (2) of
10
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
accordingly).”
15
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”.
8
In section 50 of the School Standards and Framework Act 1998 (effect of
20
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
“period”.
25
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
statements) is amended as follows.
30
      (2)
In subsection (1)—
(a)
for “financial year” substitute “prescribed period”, and
(b)
for “that year” substitute “that period”.
      (3)
After subsection (1) insert—
“(1A)
The periods prescribed for the purposes of subsection (1)—
35
(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
planned expenditure has previously been required under
40
that subsection.”
      (4)
In subsection (2)—
(a)
for “financial year” substitute “prescribed period”, and
(b)
in paragraphs (a) to (d), for “year” substitute “period”.

Education Bill [HL]
Schedule 18 — Further amendments related to provisions of Part 4
149

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

Education Bill [HL]
Schedule 19 — Repeals
Part 1 — School inspections
150

      (4)
For subsection (12) substitute—
“(12)
In this section—
“community purposes” means the purposes of the provision of
facilities or services under section 27;
“funding period” has the meaning given by section 45(1B) of the
5
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
from “a relevant” to the end substitute—
10
“(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
(c)
any place at which he is required to attend in the
15
circumstances mentioned in subsection (2) of that section.”
Schedule 19
Section 123

Repeals
Part 1
School inspections
20

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.

In section 79Q—

25

  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”,

  subsection (4), and

30

  subsection (7).

Section 79R(1) and (2).

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

standards of”.

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

35

Inspections Act 1996”.

School Inspections Act 1996
The whole Act.

(c. 57)

Education Act 1997 (c. 44)
Section 42.

Schedule 6.

40

Teaching and Higher Education
Sections 35 and 35A.

Act 1998 (c. 30)

Education Bill [HL]
Schedule 19 — Repeals
Part 2 — School organisation
151

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

Protection of Children Act 1999
Section 9(2)(ca).

(c. 14)

Learning and Skills Act 2000
Section 81.

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

In Schedule 9, paragraphs 65 to 68.

20

Education Act 2002 (c. 32)
Section 54.

Section 56(2).

In section 171, the definition of “registered

inspector”.

Section 179.

25

Section 188.

In Schedule 7, paragraph 7.

In Schedule 14, paragraphs 1 and 5 to 7.

Schedule 16.

In Schedule 21, paragraph 59 to 68.

30

Part 2
School organisation

Short title and chapter
Extent of repeal

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

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

35

notice under section 70 of the Education Act

2002)”, and subsection (4).

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

In Schedule 7—

  paragraph 2(5);

40

  paragraph 3(5);

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

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

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

  paragraph 5(3);

45

  paragraphs 6 to 10; and

  paragraph 16.

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

Education Bill [HL]
Schedule 19 — Repeals
Part 3 — Training the school workforce
152

Short title and chapter
Extent of repeal

Education Act 2002 (c. 32)
Sections 70 and 71.

Section 74.

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

In Schedule 21, paragraph 97.

5

Part 3
Training the school workforce

Short title and chapter
Extent of repeal

Public Records Act 1958 (c. 51)
In Schedule 1, in Part 2 of the Table at the end of

paragraph 3, the entry relating to the Teacher

10

Training Agency.

Parliamentary Commissioner
In Schedule 2, the entry relating to the Teacher

Act 1967 (c. 13)
Training Agency.

House of Commons
In Schedule 1, in Part 3, the entry “Any member

Disqualification Act 1975
of the Teacher Training Agency in receipt of

15

(c. 24)
remuneration”.

Education (No. 2) Act 1986 (c.
Section 50.

61)

Education Act 1994 (c. 30)
Sections 1 to 11.

Sections 12 to 17.

20

Section 19(1) to (4).

In section 23, in subsections (1) and (2), the

words “Part I or” and subsection (3).

Schedule 1.

In Schedule 2, paragraphs 1, 3 and 4.

25

Education Act 1996 (c. 56)
In Schedule 37, paragraph 65.

Teaching and Higher Education
Section 20.

Act 1998 (c. 30)

School Standards and
In Schedule 30, paragraph 54.

Framework Act 1998 (c. 31)

30

Learning and Skills Act 2000
In Schedule 9, paragraph 48.

(c. 21)

Freedom of Information Act
In Schedule 1, the entry relating to the Teacher

2000 (c. 36)
Training Agency.

Special Educational Needs and
Section 40(2).

35

Disability Act 2001 (c. 10)

Education Act 2002
In Schedule 21, paragraph 25.

Higher Education Act 2004
In section 48, the definition of “the 1994 Act”.

(c. 8)

Education Bill [HL]
Schedule 19 — Repeals
Part 4 — Repeals relating to Part 4
153

Part 4
Repeals relating to Part 4

Short title and chapter
Extent of repeal

School Standards and
Section 45A(5) and (6).

Framework Act 1998 (c. 31)

5

Special Educational Needs and
Section 14(2).

Disability Act 2001 (c. 10)
In Schedule 8, paragraph 5.

Education Act 2002 (c. 32)
Section 41(2).

Section 42.

In Schedule 21, paragraphs 39(5), 124(3) and

10

125(3).

Local Government Act 2003
In Schedule 7, paragraph 66.

(c. 26)