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Education and Inspections Bill


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

133

 

5     (1)  

Section 7 of the Diocesan Boards of Education Measure 1991 (powers of

Board to give directions to governing bodies of voluntary aided church

schools) is amended as follows.

      (2)  

In subsection (1) for paragraphs (a) to (c) substitute—

“(a)   

the making of any prescribed alteration to the school—

5

(i)   

in the case of a school in England, under Part 2 of the

Education and Inspections Act 2006 (“the 2006 Act”),

or

(ii)   

in the case of a school in Wales, under Chapter 2 of

Part 2 of the School Standards and Framework Act

10

1998 (“the 1998 Act”), or

(b)   

the discontinuance of the school—

(i)   

in the case of a school in England, under Part 2 of the

2006 Act or section 30 of the 1998 Act, or

(ii)   

in the case of a school in Wales, under Chapter 2 of

15

Part 2 of the 1998 Act, or

(c)   

in the case of a school in Wales, changing the school’s

category in accordance with paragraph 2 or 3 of Schedule 8 to

the 1998 Act,”.

      (3)  

In subsection (1A), for “under paragraph 2 or 3 of Schedule 8 to that Act”

20

substitute “under section 18(3) of the 2006 Act or paragraph 2 or 3 of

Schedule 8 to the 1998 Act”.

      (4)  

In subsection (3)—

(a)   

in paragraph (a), for “under section 28(2)(b) of the School Standards

and Framework Act 1998” substitute “under section 18(3) of the 2006

25

Act or section 28(2)(b) of the 1998 Act”,

(b)   

in paragraph (b)—

(i)   

at the beginning insert “in the case of a school in Wales”, and

(ii)   

for “that Act” substitute “the 1998 Act”, and

(c)   

for “the provisions of that Act” substitute “the provisions of the 1998

30

Act and the 2006 Act”.

Further and Higher Education Act 1992 (c. 13)

6     (1)  

Section 58 of the Further and Higher Education Act 1992 (reorganisation of

schools involving establishment of further education corporation) is

amended as follows.

35

      (2)  

In subsection (3), for paragraph (b) substitute—

“(b)   

a prescribed alteration within the meaning of the relevant

school organisation provision has been made to the school,”.

      (3)  

After that subsection insert—

“(4)   

In subsection (3)(b) “the relevant school organisation provision”

40

means—

(a)   

in relation to England, section 17 of the Education and

Inspections Act 2006, and

(b)   

in relation to Wales, section 28 of the School Standards and

Framework Act 1998.”

45

 

 

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

134

 

Education Act 1996 (c. 56)

7     (1)  

Section 5 of EA 1996 (primary schools, secondary schools and middle

schools) is amended as follows.

      (2)  

For subsection (3) substitute—

“(3)   

In this Act “middle school” means a school which, in pursuance of

5

proposals published under any of the enactments specified in

subsection (3A), has been established as, or altered so as to become,

a school for providing full-time education suitable to the

requirements of pupils who—

(a)   

have attained a specified age below 10 years and six months,

10

and

(b)   

are under a specified age above 12 years.

(3A)   

The enactments mentioned in subsection (3) are—

(a)   

in relation to England—

(i)   

section 28 or 28A of, or paragraph 5 of Schedule 7 to,

15

the School Standards and Framework Act 1998,

(ii)   

section 66 of, or paragraph 7 of Schedule 11 to, the

Education Act 2005, and

(iii)   

section 7, 9 or 18 of the Education and Inspections Act

2006;

20

(b)   

in relation to Wales, section 28 of, or paragraph 5 of Schedule

7 to, the School Standards and Framework Act 1998.”

8          

In section 332B of EA 1996 (resolution of disputes), in subsection (8)(c), for

“a city academy” substitute “an Academy”.

9     (1)  

Section 394 of EA 1996 (determination of cases in which requirement for

25

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—

30

“(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.”

35

10    (1)  

Section 529 of EA 1996 (power to accept gifts on trust for educational

purposes) is amended as follows.

      (2)  

After subsection (1) insert—

“(1A)   

Any intention on the part of a local education authority in England

that a school should be vested in the authority as trustees shall be

40

treated for the purposes of sections 7, 9 and 10 of the Education and

Inspections Act 2006 as an intention to establish a new community

school, community special school or maintained nursery school (so

that proposals for that purpose shall be published in accordance with

those sections); and Schedule 2 to that Act (proposals for

45

 

 

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

135

 

establishment or discontinuance of schools in England) shall apply

accordingly.”

      (3)  

In subsection (2)—

(a)   

after “local education authority” insert “in Wales”,

(b)   

omit “(other than a nursery school or special school)”, and

5

(c)   

for the words from “the purposes of” to the end substitute “for the

purposes of sections 28 and 31 of the School Standards and

Framework Act 1998 as an intention to establish a new community

school, community special school or maintained nursery school (so

that proposals for that purpose shall be published as required by

10

those sections); and Schedule 6 to that Act (statutory proposals

concerning schools in Wales: procedure and implementation) shall

apply accordingly”.

      (4)  

In subsection (3)—

(a)   

after “subsection” insert “(1A) or”, and

15

(b)   

at the end insert “, a community special school or a maintained

nursery school.”

11    (1)  

Section 530 of EA 1996 (compulsory purchase of land) is amended as

follows.

      (2)  

In subsection (1), for paragraph (c) substitute—

20

“(c)   

is required for the purposes of an Academy (whether

established or to be established).”

      (3)  

In subsection (3), for the words from “borne by them” to the end substitute

“borne by them—

(a)   

in the case of an authority in England, under paragraph 7(1) of

25

Schedule 7A to the Learning and Skills Act 2000 (power to give

assistance in relation to carrying out of obligations under that

Schedule) or under any provision of regulations under section 22 of

the Education and Inspections Act 2006 (implementation of

proposals under section 18 of that Act) which by virtue of subsection

30

(7) of section 22 of that Act authorises a local education authority to

provide assistance to the governing body of a voluntary aided school

in connection with the implementation of the obligations of the

governing body under the regulations, or

(b)   

in the case of an authority in Wales, under paragraph 18 of Schedule

35

6 to the School Standards and Framework Act 1998 (power to give

assistance to governing body of voluntary aided school in carrying

out statutory proposals) (including that provision as applied by any

enactment).”

12    (1)  

In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as

40

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”.

45

      (3)  

In sub-paragraph (3)(d), for the words from “published” onwards substitute

“published under section 7 of the Education and Inspections Act 2006”.

 

 

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

136

 

School Standards and Framework Act 1998 (c. 31)

13    (1)  

Section 20 of SSFA 1998 (new categories of maintained schools) is amended

as follows.

      (2)  

In subsection (2), for “Schedule 8”, wherever occurring, substitute “the

change of category provisions”.

5

      (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,

and

10

(b)   

in the case of a school in Wales, Schedule 8 to this Act.”

14         

In section 21 of SSFA 1998 (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

Education and Inspections Act 2006”,

15

(b)   

in paragraph (f)—

(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

20

(iii)   

in sub-paragraph (iii), after “voluntary school” insert “in

Wales”,

(c)   

in paragraph (h), after “his consent” insert “or to the disposal of

which paragraph A9 of Schedule 22 would apply”, and

(d)   

in paragraph (i), omit “school organisation committees and”.

25

15         

In section 22 of SSFA 1998 (maintenance and other funding of schools) for

subsection (2) substitute—

“(2)   

Subsection (1) has effect subject to any statutory provision

authorising the discontinuance of a maintained school or maintained

nursery school.”

30

16         

In section 25 of SSFA 1998 (adjudicators), in subsection (2), for “or Part 2 of

the Education Act 2005” substitute “or Part 2 of the Education and

Inspections Act 2006”.

17         

Omit section 27 of SSFA 1998 (power to require committees or adjudicators

for Wales).

35

18    (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)—

(a)   

after “local education authority” (in the first place) insert “in Wales”,

and

40

(b)   

in paragraph (d), omit “in the case of a local education authority in

Wales,”.

      (3)  

In subsection (2)—

(a)   

in paragraph (a), after “voluntary school” insert “in Wales”, and

(b)   

in paragraph (b)—

45

 

 

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

137

 

(i)   

after “voluntary school” insert “in Wales”, and

(ii)   

omit from “, or of” to “in England,”.

      (4)  

Omit subsections (2A) and (2B).

      (5)  

In subsection (5), for “Secretary of State” substitute “Assembly”.

      (6)  

Omit subsection (6).

5

      (7)  

In subsection (7)—

(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

(c)   

for “Secretary of State” substitute “Assembly”.

10

      (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”.

19         

Omit section 28A of SSFA 1998 (proposals for establishment of community,

foundation or voluntary school maintained by English local education

15

authority).

20    (1)  

Section 29 of SSFA 1998 (proposals for discontinuance of community,

foundation, voluntary of maintained nursery school) is amended as follows.

      (2)  

In subsection (1), after “local education authority” insert “in Wales”.

      (3)  

In subsection (2), after “voluntary school” insert “in Wales”.

20

      (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”.

25

      (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

30

(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”.

35

21         

In section 30 of SSFA 1998 (notice by governing body to discontinue

 

 

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

138

 

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—

(a)   

sections 29 and 33 of this Act (which relate to Wales), and

5

(b)   

sections 14 and 26 of the Education and Inspections Act 2006

(which relate to England).”

22         

In the italic heading before section 31 of SSFA 1998, for “LEAs” substitute

“LEAs in Wales”.

23    (1)  

Section 31 of SSFA 1998 (proposals for establishment, alteration or

10

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”.

      (4)  

In subsection (4C), for “Secretary of State” substitute “Assembly”.

15

      (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

published under this section”, and

20

(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”.

24    (1)  

Section 32 of SSFA 1998 (direction requiring discontinuance of community

25

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

(c)   

after “special school” insert “in Wales”.

30

      (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”.

      (5)  

In the heading, after “special school” insert “in Wales”.

35

25    (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”.

      (4)  

In subsection (4), omit “28A,”.

40

 

 

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

139

 

      (5)  

In subsections (5) and (6), after “maintained school” insert “in Wales”.

      (6)  

In the heading, after “schools” insert “in Wales”.

26    (1)  

Section 35 of SSFA 1998 (school changing from one category to another) is

amended as follows.

      (2)  

In subsection (1)—

5

(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”.

27    (1)  

Section 79 of SSFA 1998 (stamp duty) is amended as follows.

      (2)  

In subsection (1)—

10

(a)   

omit the word “or” at the end of paragraph (b), and

(b)   

at the end of paragraph (c) insert “or

(d)   

any regulations made under section 22 of the

Education and Inspections Act 2006 by virtue of

subsection (3)(b) of that section.”.

15

      (3)  

In subsection (3), for “subsection (1)” substitute “subsection (1)(a) to (c)”.

28    (1)  

Section 109 of SSFA 1998 (proposals by governing body of grammar school

to end selective admission arrangements) is amended as follows.

      (2)  

In subsection (2)—

(a)   

for “for the purposes of section 28” substitute “under section 17 of the

20

2006 Act”, and

(b)   

for “that section” substitute “section 18 of the 2006 Act”.

      (3)  

In subsection (3)—

(a)   

in paragraph (a), for “section 28 or Schedule 6” substitute “sections

18 to 22 of the 2006 Act or regulations under those sections”, and

25

(b)   

in paragraph (b), for “section 28” substitute “section 18 of the 2006

Act”.

      (4)  

In subsection (4)—

(a)   

for “section 28” substitute “section 18 of the 2006 Act”, and

(b)   

for “paragraph 5 or 10 of Schedule 6” substitute “regulations under

30

section 22 of that Act”.

      (5)  

After subsection (5) insert—

“(6)   

In this section “the 2006 Act” means the Education and Inspections

Act 2006.”

29         

In section 143 of SSFA 1998 (index)—

35

(a)   

in the entry beginning “promoters” omit “or 28A(2)”, and

(b)   

omit the entry beginning “school organisation committee”.

30         

In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and

foundation special schools) in paragraph 2(2) for paragraph (a) substitute—

“(a)   

apply in relation to the provision of any site or buildings

40

which—

(i)   

in the case of a school in England, the authority or the

person by whom any proposals were made are

 

 

 
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