|
| |
|
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”), |
| |
| |
(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 |
| |
| |
(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”. |
| |
| |
(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”, |
| |
| |
(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 |
| |
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 |
| |
| 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 |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| |
(iii) | section 7, 9 or 18 of the Education and Inspections Act |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
establishment or discontinuance of schools in England) shall apply |
| |
| |
| |
(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 |
| |
| |
| |
(a) | after “subsection” insert “(1A) or”, and |
| 15 |
(b) | at the end insert “, a community special school or a maintained |
| |
| |
11 (1) | Section 530 of EA 1996 (compulsory purchase of land) is amended as |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
12 (1) | In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as |
| 40 |
| |
(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 |
| |
| 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”. |
| |
|
| |
|
| |
|
School Standards and Framework Act 1998 (c. 31) |
| |
13 (1) | Section 20 of SSFA 1998 (new categories of maintained schools) is amended |
| |
| |
(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, |
| |
| 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 |
| |
(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 |
| |
| 20 |
(iii) | in sub-paragraph (iii), after “voluntary school” insert “in |
| |
| |
(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 |
| |
| 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 |
| |
| |
17 | Omit section 27 of SSFA 1998 (power to require committees or adjudicators |
| |
| 35 |
18 (1) | Section 28 of SSFA 1998 (proposals for establishment or alteration of |
| |
community, foundation or voluntary school) is amended as follows. |
| |
| |
(a) | after “local education authority” (in the first place) insert “in Wales”, |
| |
| 40 |
(b) | in paragraph (d), omit “in the case of a local education authority in |
| |
| |
| |
(a) | in paragraph (a), after “voluntary school” insert “in Wales”, and |
| |
| 45 |
|
| |
|
| |
|
(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”. |
| |
| 5 |
| |
(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 |
| |
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”. |
| |
| |
(a) | omit paragraph (c), and |
| |
(b) | in paragraph (d), omit “parish council or”. |
| |
(6) | In subsection (4D), for “Secretary of State” substitute “Assembly”. |
| 25 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
23 (1) | Section 31 of SSFA 1998 (proposals for establishment, alteration or |
| 10 |
discontinuance of community or foundation special school) is amended as |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
(a) | for “Secretary of State” substitute “Assembly”, |
| |
(b) | for “he” substitute “it”, and |
| |
(c) | after “special school” insert “in Wales”. |
| 30 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
| 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. |
| |
| 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. |
| |
| |
(a) | for “for the purposes of section 28” substitute “under section 17 of the |
| 20 |
| |
(b) | for “that section” substitute “section 18 of the 2006 Act”. |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
(5) | After subsection (5) insert— |
| |
“(6) | In this section “the 2006 Act” means the Education and Inspections |
| |
| |
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 |
| |
(i) | in the case of a school in England, the authority or the |
| |
person by whom any proposals were made are |
| |
|
| |
|