Education and Inspections Bill

House of Commons

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
126

(b)
in relation to Wales, section 28 of, or paragraph 5 of Schedule
7 to, the School Standards and Framework Act 1998.”
6
In section 332B of EA 1996 (resolution of disputes), in subsection (8)(a), for
“a city academy” substitute “an Academy”.
7     (1)
Section 394 of EA 1996 (determination of cases in which requirement for
5
Christian collective worship is not to apply) is amended as follows.
      (2)
In subsection (8), for “(by virtue of section 35 of, and Schedule 8 to, the
School Standards and Framework Act 1998)” substitute “(by virtue of the
relevant enactments)”.
      (3)
After that subsection insert—
10
“(9)
In subsection (8) “the relevant enactments” means—
(a)
in relation to England, sections 17 to 22 of the Education and
Inspections Act 2006;
(b)
in relation to Wales, section 35 of, and Schedule 8 to, the
School Standards and Framework Act 1998.”
15
8
In section 530 of EA 1996 (compulsory purchase of land), in subsection (1),
for paragraph (c) substitute—
“(c)
is required for the purposes of an Academy (whether
established or to be established).”.
9     (1)
In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as
20
follows.
      (2)
In sub-paragraph (2)(b), for the words from “published” onwards substitute
“published under section 7 of the Education and Inspections Act 2006
(invitation for proposals for establishment of new schools) as a possible site
for a new school”.
25
      (3)
In sub-paragraph (3)(d), for the words from “published” onwards substitute
“published under section 7 of the Education and Inspections Act 2006”.
School Standards and Framework Act 1998 (c. 31)
10    (1)
Section 20 (new categories of maintained schools) is amended as follows.
      (2)
In subsection (2), for “Schedule 8”, wherever occurring, substitute “the
30
change of category provisions”.
      (3)
After subsection (2) insert—
“(2A)
In subsection (2) “the change of category provisions” means—
(a)
in the case of a school in England, Schedule 8 to this Act or
sections 17 to 22 of the Education and Inspections Act 2006,
35
and
(b)
in the case of a school in Wales, Schedule 8 to this Act.”
11
In section 21 (kinds of foundation and voluntary schools and types of
foundations), in subsection (6)—
(a)
in paragraph (a), after “Schedule 8” insert “or under section 18 of the
40
Education and Inspections Act 2006”,
(b)
in paragraph (f)—

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
127

(i)
in sub-paragraph (i), after “Schedule 8” insert “or under
section 18 of the Education and Inspections Act 2006”,
(ii)
in sub-paragraph (ii), after “that paragraph” insert “or that
section”, and
(iii)
in sub-paragraph (iii), after “voluntary school” insert “in
5
Wales”, and
(c)
in paragraph (i), omit “school organisation committees and”.
12
In section 25 (adjudicators), in subsection (2), for “or Part 2 of the Education
Act 2005” substitute “or Part 2 of the Education and Inspections Act 2006”.
13
In section 27 (power to require committees or adjudicators for Wales) in
10
subsection (1), for “sections 24 and 25 of, and Schedules 4 and 5 to,”
substitute “section 25 of, and Schedule 5 to,”.
14    (1)
Section 28 of SSFA 1998 (proposals for establishment or alteration of
community, foundation or voluntary school) is amended as follows.
      (2)
In subsection (1)—
15
(a)
after “local education authority” (in the first place) insert “in Wales”,
and
(b)
in paragraph (d), omit “in the case of a local education authority in
Wales,”.
      (3)
In subsection (2)—
20
(a)
in paragraph (a), after “voluntary school” insert “in Wales”, and
(b)
in paragraph (b)—
(i)
after “voluntary school” insert “in Wales”, and
(ii)
omit from “, or of” to “in England,”.
      (4)
Omit subsections (2A) and (2B).
25
      (5)
In subsection (5), for “Secretary of State” substitute “Assembly”.
      (6)
Omit subsection (6).
      (7)
In subsection (7)—
(a)
omit the words from the beginning to “in Wales,”,
(b)
in paragraph (a), for “the published proposals” substitute “any
30
proposals published under this section”, and
(c)
for “Secretary of State” substitute “Assembly”.
      (8)
In subsection (8), omit “(for both England and Wales)”.
      (9)
In subsection (9), omit “subsection (6) and”.
     (10)
In the heading, after “voluntary school” insert “in Wales”.
35
15
Omit section 28A of SSFA 1998 (proposals for establishment of community,
foundation or voluntary school maintained by English local education
authority).
16    (1)
Section 29 of SSFA 1998 (proposals for discontinuance of community,
foundation, voluntary of maintained nursery school) is amended as follows.
40
      (2)
In subsection (1), after “local education authority” insert “in Wales”.
      (3)
In subsection (2), after “voluntary school” insert “in Wales”.

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
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      (4)
In subsection (4A), for “Secretary of State” substitute “Assembly”.
      (5)
In subsection (4B)—
(a)
omit paragraph (c), and
(b)
in paragraph (d), omit “parish council or”.
      (6)
In subsection (4D), for “Secretary of State” substitute “Assembly”.
5
      (7)
Omit subsection (5).
      (8)
In subsection (6)—
(a)
omit the words from the beginning to “in Wales,”,
(b)
in paragraph (a), for “the published proposals” substitute “any
proposals published under this section”, and
10
(c)
for “Secretary of State” substitute “Assembly”.
      (9)
In subsection (7), omit “(for both England and Wales)”.
     (10)
In subsection (8), omit “subsection (5) and”.
     (11)
In subsection (9A), for “Secretary of State” substitute “Assembly”.
     (12)
In the heading, after “nursery school” insert “in Wales”.
15
17
In section 30 of SSFA 1998 (notice by governing body to discontinue
foundation or voluntary school) for subsection (9) substitute—
“(9)
Nothing in any of the following provisions applies in relation to the
discontinuance under this section of a foundation or voluntary
school—
20
(a)
sections 29 and 33 of this Act (which relate to Wales), and
(b)
sections 14 and 26 of the Education and Inspections Act 2006
(which relate to England).”
18
In the italic heading before section 31 of SSFA 1998, for “LEAs” substitute
“LEAs in Wales”.
25
19    (1)
Section 31 of SSFA 1998 (proposals for establishment, alteration or
discontinuance of community or foundation special school) is amended as
follows.
      (2)
In subsection (1), after “local education authority” insert “in Wales”.
      (3)
In subsection (2), after “special school” insert “in Wales”.
30
      (4)
In subsection (4C), for “Secretary of State” substitute “Assembly”.
      (5)
Omit subsection (5).
      (6)
In subsection (6)—
(a)
omit the words from the beginning to “in Wales,”,
(b)
in paragraph (a), for “the proposals” substitute “any proposals
35
published under this section”, and
(c)
for “Secretary of State” substitute “Assembly”.
      (7)
In subsection (7), omit “(5) or”.
      (8)
In subsection (8), omit “(for both England and Wales)”.
      (9)
In the heading, after “special school” insert “in Wales”.
40

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
129

20    (1)
Section 32 of SSFA 1998 (direction requiring discontinuance of community
or foundation special school) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Assembly”,
(b)
for “he” substitute “it”, and
5
(c)
after “special school” insert “in Wales”.
      (3)
In subsection (3)—
(a)
for “Secretary of State” (in both places) substitute “Assembly”, and
(b)
in paragraph (b), for “his” substitute “its”.
      (4)
In subsection (4), for “Secretary of State” substitute “Assembly”.
10
      (5)
In the heading, after “special school” insert “in Wales”.
21    (1)
Section 33 of SSFA 1998 (further provisions relating to establishment,
alteration or discontinuance of schools) is amended as follows.
      (2)
In subsection (1), in paragraphs (a) and (c), after “school” insert “in Wales”.
      (3)
In subsection (2), after “school” insert “in Wales”.
15
      (4)
In subsection (4), omit “28A,”.
      (5)
In subsections (5) and (6), after “maintained school” insert “in Wales”.
      (6)
In the heading, after “schools” insert “in Wales”.
22    (1)
Section 35 of SSFA 1998 (school changing from one category to another) is
amended as follows.
20
      (2)
In subsection (1)—
(a)
after “maintained school” (in both places) insert “in Wales”, and
(b)
in paragraph (b), after “aided school” insert “in Wales”.
      (3)
In the heading, after “School” insert “in Wales”.
23
In section 143 of SSFA 1998 (index)—
25
(a)
in the entry beginning “promoters” omit “or 28A(2)”, and
(b)
omit the entry beginning “school organisation committee”.
24
In Schedule 5 to SSFA 1998 (adjudicators), in paragraph 5(1) for “or under
Part 2 of the Education Act 2005” substitute “or under Part 2 of the Education
and Inspections Act 2006”.
30
25    (1)
Schedule 6 to SSFA 1998 (statutory proposals: procedure and
implementation) is amended as follows.
      (2)
For the heading substitute “STATUTORY PROPOSALS CONCERNING
SCHOOLS IN WALES: PROCEDURE AND IMPLEMENTATION”.
      (3)
Omit paragraphs 1 to 5.
35
      (4)
For the heading to Part 2 substitute “PROCEDURE FOR DEALING WITH
STATUTORY PROPOSALS”.
      (5)
In paragraph 6, omit the words from “which relate” to the end.
      (6)
In paragraph 7, in sub-paragraphs (2) and (3), for “Secretary of State”
substitute “Assembly”.
40

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
130

      (7)
In paragraph 8—
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
(b)
in sub-paragraph (1)(a), for “him” substitute “it”, and
(c)
in sub-paragraph (2)(c), for “he” substitute “it”.
      (8)
In paragraph 9, in sub-paragraphs (2) and (3), for “Secretary of State”
5
substitute “Assembly”.
      (9)
In paragraph 10—
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
and
(b)
in sub-paragraphs (3) and (4), for “he” substitute “it”.
10
     (10)
In paragraph 11, omit “5 or”.
     (11)
In paragraph 12(2), omit “, 28A(1)”.
     (12)
In paragraph 13—
(a)
in sub-paragraph (2), omit “, 28A(1)”, and
(b)
in sub-paragraph (3)(a), omit “or 28A(2)”.
15
     (13)
In paragraph 14(3), omit “or 28A(2)”.
     (14)
In paragraph 16—
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
and
(b)
in sub-paragraph (8)(b), for “he” substitute “it”.
20
     (15)
In paragraph 20(2), for “Secretary of State” substitute “Assembly”.
     (16)
Omit paragraph 21 and the italic heading immediately above it.
     (17)
For the italic heading immediately above paragraph 22, substitute “Single-
sex schools”.
     (18)
In paragraph 22—
25
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
(b)
in sub-paragraph (3), for “he” substitute “the Assembly”,
(c)
after sub-paragraph (3) insert—
    “(4)
In this paragraph—
“the 1975 Act” means the Sex Discrimination Act
30
1975,
“make”, in relation to a transitional exemption order,
includes (so far as the context permits) vary or
revoke,
“the responsible body” has the same meaning as in
35
section 22 of the 1975 Act, and
“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 which admits pupils of one sex only are
40
references to proposals which are or include proposals for
such an alteration in a school’s admission arrangements as
is mentioned in section 27(1) of the 1975 Act (single-sex
establishments becoming co-educational).”.

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
131

26
In Schedule 8 to SSFA 1998 (changes of category of school), in paragraph
5(1), for “Secretary of State” substitute “Assembly”.
Learning and Skills Act 2000 (c. 21)
27
In section 113 of the Learning and Skills Act 2000 (sixth forms requiring
significant improvement), in subsection (3)(b) omit “any school organisation
5
committee”.
28
In section 113A of the Learning and Skills Act 2000 (restructuring of sixth-
form education), in subsection (4)—
(a)
in paragraph (a), after “local education authority” insert “in Wales”,
and
10
(b)
after that paragraph insert—
“(aa)
the establishment by a local education authority in
England of one or more new foundation or
foundation special schools to provide secondary
education suitable to the requirements of persons
15
who are above compulsory school age but below the
age of 19 (and no other secondary education);”.
29
Schedule 7 to the Learning and Skills Act 2000 (sixth forms requiring
significant improvement) is amended as follows.
30
For paragraph 17 substitute —
20
“17
The Council shall send a copy of the published proposals—
(a)
to the local education authority who maintain the school,
and
(b)
in the case of a community or foundation special school, to
such other persons as may be prescribed.”
25
31
For paragraph 25 substitute —
“25
The Council shall send a copy of the published proposals—
(a)
to the local education authority who maintain the school,
and
(b)
in the case of a community or foundation special school, to
30
such other persons as may be prescribed.”
32    (1)
Paragraph 32 is amended as follows.
      (2)
In sub-paragraph (2)—
(a)
after the definition of “the Council” insert—
“ “the local education authority” means the local
35
education authority who maintain the school to
which the proposals relate;”, and
(b)
omit the definition of “the school organisation committee”.
      (3)
Omit sub-paragraph (3).
33
In section 33(b), for “school organisation committee” substitute “local
40
education authority”.
34
In paragraph 34, for “school organisation committee” substitute “local
education authority”.

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
132

35    (1)
Paragraph 35 is amended as follows.
      (2)
For sub-paragraph (1) substitute—
    “(1)
The local education authority must consider the proposals and,
subject to subsection (2), may —
(a)
reject them,
5
(b)
approve them without modification,
(c)
approve them subject to modifications.
     (1A)
The authority—
(a)
may, if they think it appropriate to do so and subject to
regulations, refer the proposals to the adjudicator, and
10
(b)
must do so in prescribed cases.”
      (3)
In sub-paragraphs (2) and (3), for “school organisation committee”
substitute “local education authority”.
      (4)
Omit sub-paragraphs (5) and (6).
      (5)
In sub-paragraph (7)(b), for “committee” substitute “local education
15
authority”.
      (6)
In sub-paragraph (8)—
(a)
for “school organisation committee” substitute “local education
authority”, and
(b)
for “the committee” substitute “the authority”.
20
36
In paragraph 36, in sub-paragraphs (2) and (3), for “school organisation
committee” substitute “local education authority”.
37
For paragraph 37 substitute—
“37   (1)
The local education authority—
(a)
may, if they think it appropriate to do so and subject to
25
regulations, refer to the adjudicator any question which
would otherwise fall to be determined by the authority
under paragraph 36, and
(b)
in prescribed cases, must refer to the adjudicator any such
matter.
30
      (2)
Where a question is referred to the adjudicator—
(a)
he shall consider the matter afresh, and
(b)
for that purpose, paragraph 36 applies to him as it applies
to the committee.”
38
In Schedule 7A to the Learning and Skills Act 2000, for paragraphs 5 to 7
35
substitute—
“5    (1)
Where a local education authority in England are required under
this Schedule to provide a site for a foundation or voluntary
controlled school or foundation special school (or a proposed such
school), paragraph 28 of Schedule 2 to the Education and
40
Inspections Act 2006 applies as it applies in the circumstances
mentioned in sub-paragraph (1) of that paragraph.
      (2)
Where a local education authority in Wales are required under this
Schedule to provide a site for a foundation or voluntary controlled