Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
25

34
Disposals and changes of use of land
Schedule 4 contains amendments of—
(a)
Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary
or foundation special schools and disposals on discontinuance), and
(b)
section 77 of that Act (control of disposals or changes of use of school
5
playing fields in relation to England),
and amendments which are consequential to those amendments.
General duties of governing body
35
General duties of governing body of maintained school
(1)
In section 21 of EA 2002 (general responsibility for conduct of school) after
10
subsection (4) insert—
“(5)
The governing body of a maintained school shall, in discharging their
functions relating to the conduct of the school, have regard to any
relevant children and young people’s plan.
(6)
In discharging those functions, the governing body of a maintained
15
school in England shall also have regard to any views expressed by
parents of registered pupils.
(7)
In this section “relevant children and young people’s plan” means—
(a)
in relation to a school in England—
(i)
any plan published by the local education authority
20
under section 17 of the Children Act 2004 (children and
young people’s plans: England), or
(ii)
in a case where the local education authority are not
required by regulations under that section to prepare
and publish a plan, any plan which is published by the
25
authority and sets out their strategy for discharging
their functions in relation to children and relevant
young persons within the meaning of that section, and
(b)
in relation to a school in Wales—
(i)
any plan published by the local education authority
30
under section 26 of the Children Act 2004 (children and
young people’s plans: Wales), or
(ii)
in a case where the local education authority are not
required by regulations under that section to prepare
and publish a plan, any plan which is published by the
35
authority and sets out their strategy for discharging
their functions in relation to children and relevant
young persons within the meaning of that section.”
(2)
In section 28 of that Act (limit on power to provide community facilities etc.),
after subsection (4) insert—
40
“(4A)
In exercising the power under section 27(1), the governing body of a
maintained school shall have regard to any relevant children and
young people’s plan.
(4B)
In subsection (4A) “relevant children and young people’s plan” has the
meaning given by section 21(7).
45

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
26

(4C)
In exercising the power under section 27(1), the governing body of a
maintained school in England shall also have regard to any views
expressed by parents of registered pupils in circumstances where
subsection (4)(a)(iii) does not apply.”
School admissions
5
36
General restriction on selection by ability
(1)
No admission arrangements for a community, foundation or voluntary school
may make provision for selection by ability unless—
(a)
they make provision for one of the permitted forms of such selection
mentioned in section 99(2) of SSFA 1998, or
10
(b)
the school is a grammar school.
(2)
For the purposes of subsection (1) a school’s admission arrangements make
provision for selection by ability if they make provision for all or any of the
pupils who are to be admitted to the school in any relevant age group to be so
admitted by reference to ability.
15
(3)
In this section—
“ability” means either general ability or ability in any particular subject or
subjects;
“admission arrangements” has the meaning given by section 88(2) of
SSFA 1998;
20
“grammar school” has the meaning given by section 104(7) of SSFA 1998;
“relevant age group” has the meaning given by section 142(1) of SSFA
1998.
(4)
In section 99 of SSFA 1998—
(a)
omit subsection (1) (which is re-enacted as subsection (1) of this
25
section), and
(b)
in subsection (2) after “are” insert “for the purposes of section 36(1) of
the Education and Inspections Act 2006”.
37
Code for school admissions
(1)
Section 84 of SSFA 1998 (code of practice) is amended in accordance with
30
subsections (2) to (7).
(2)
In subsection (1)—
(a)
for “a code of practice containing such practical guidance” substitute “a
code for school admissions containing such provision”, and
(b)
after paragraph (b) insert—
35
“(ba)
admission forums,”.
(3)
In subsection (2), for the words from “include” to “other matters” substitute
“impose requirements, and may include guidelines setting out aims, objectives
and other matters,”.
(4)
In subsection (3), for “to have regard to” substitute “to act in accordance with”.
40
(5)
In subsection (5), omit “of practice” (in each place where it occurs).
(6)
In subsection (6), after the definitions of “admission arrangements” and “the

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
27

admission authority” insert—
“ “admission forum” means a forum established under section
85A, including a joint admission forum established in
pursuance of regulations under subsection (3)(c) of that
section;”.
5
(7)
In the heading, and in the italic cross-heading immediately before section 84,
for “of practice” substitute “for school admissions”.
(8)
In section 85 of SSFA 1998 (making and approval of code of practice)—
(a)
in subsection (1) omit “of practice”, and
(b)
for the heading substitute “Making and approval of code for school
10
admissions”.
38
Role of admission forums
(1)
Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) is amended as
follows.
(2)
In section 85A (admission forums), in subsection (1)—
15
(a)
omit the “and” at the end of paragraph (a), and
(b)
at the end of paragraph (b) insert “, and
(c)
in the case of an admission forum for the area of a local
education authority in England, exercising any other
functions that may be imposed on the forum by or under
20
this Chapter.”
(3)
After subsection (1) of that section insert—
“(1A)
An admission forum for the area of a local education authority in
England may prepare and publish reports on such matters connected
with the admission of pupils to maintained schools in that area as may
25
be prescribed.
(1B)
For the purposes of the preparation of a report under subsection (1A),
an admission forum may request any of the following bodies to provide
the forum with any information held by them which falls within a
prescribed description and is specified by the forum in its request—
30
(a)
the local education authority which established the forum;
(b)
any local education authority in England for an area which
adjoins the area of the authority mentioned in paragraph (a);
(c)
the governing body of any maintained school in the area for
which the forum is established.
35
(1C)
A body mentioned in any of paragraphs (a) to (c) of subsection (1B)
must comply with a request made by an admission forum in pursuance
of that subsection.”
(4)
In subsection (3) of that section—
(a)
omit the “and” at the end of paragraph (b), and
40
(b)
after that paragraph insert—
“(ba)
as to the preparation and publication of reports under
subsection (1A), and”.

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
28

(5)
After subsection (3) of that section insert—
“(3A)
Regulations under subsection (3)(c) may, in relation to England, modify
any provision of this Chapter in its application to a joint admission
forum.”
(6)
After subsection (5) of that section—
5
“(5A)
Regulations may make provision with respect to the expenses of an
admission forum for the area of a local education authority in England.
(5B)
Except as provided by regulations under subsection (5A), the expenses
of an admission forum for the area of a local education authority in
England are to be defrayed by the local education authority by whom
10
the forum was established.”
(7)
In section 89 (procedure for determining admission arrangements) for
subsection (10) substitute—
“(10)
In this section, “the appropriate bodies”, in relation to an admission
authority, means—
15
(a)
the bodies whom they were required to consult under
subsection (2), or would but for subsection (2A) have been
required to consult, and
(b)
in the case of an admission authority for a maintained school in
England, the admission forum for the area of the local education
20
authority in which the school is situated.”
(8)
In section 90 (reference of objections to adjudicator or Secretary of State)—
(a)
in subsection (1) for paragraph (b) substitute—
“(b)
an appropriate body wishes to make an objection about
those arrangements, and”, and
25
(b)
after subsection (10) insert—
“(11)
In this section, “appropriate body” means, in relation to the
admission arrangements determined by an admission
authority—
(a)
any body whom the admission authority were required
30
to consult under subsection (2) of section 89, or would
but for subsection (2A) of that section have been
required to consult, and
(b)
in the case of admission arrangements determined by an
admission authority for a maintained school in England,
35
the admission forum for the area of the local education
authority in which the school is situated.”
39
Support for parental preferences
In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—
“(1A)
A local education authority in England shall provide advice and
40
assistance to parents of children in the area of the authority in
connection with the preferences expressed or to be expressed by them
in accordance with the arrangements made under subsection (1).”