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Education and Inspections Bill


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

140

 

required to provide by virtue of Part 3 of Schedule 2

to the Education and Inspections Act 2006 (provision

of premises in connection with proposals for

establishment of school) or by virtue of regulations

under section 22 of that Act (implementation of

5

proposals for alteration of school), or

(ii)   

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

promoters are required to provide by virtue of Part 3

of Schedule 6 (provision of premises in connection

with statutory proposals); or”.

10

31         

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”.

32    (1)  

Schedule 6 to SSFA 1998 (statutory proposals: procedure and

implementation) is amended as follows.

15

      (2)  

For the heading substitute “STATUTORY PROPOSALS CONCERNING

SCHOOLS IN WALES: PROCEDURE AND IMPLEMENTATION”.

      (3)  

Omit paragraphs 1 to 5.

      (4)  

For the heading to Part 2 substitute “PROCEDURE FOR DEALING WITH

STATUTORY PROPOSALS”.

20

      (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”.

      (7)  

In paragraph 8—

(a)   

for “Secretary of State”, wherever occurring, substitute “Assembly”,

25

(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”

substitute “Assembly”.

      (9)  

In paragraph 10—

30

(a)   

for “Secretary of State”, wherever occurring, substitute “Assembly”,

and

(b)   

in sub-paragraphs (3) and (4), for “he” substitute “it”.

     (10)  

In paragraph 11, omit “5 or”.

     (11)  

In paragraph 12(2), omit “, 28A(1)”.

35

     (12)  

In paragraph 13—

(a)   

in sub-paragraph (2), omit “, 28A(1)”, and

(b)   

in sub-paragraph (3)(a), omit “or 28A(2)”.

     (13)  

In paragraph 14(3), omit “or 28A(2)”.

     (14)  

In paragraph 16—

40

(a)   

for “Secretary of State”, wherever occurring, substitute “Assembly”,

and

(b)   

in sub-paragraph (8)(b), for “he” substitute “it”.

 

 

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

141

 

     (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—

5

(a)   

for “Secretary of State”, wherever occurring, substitute “Assembly”,

(b)   

in sub-paragraph (3), for “he” substitute “the Assembly”, and

(c)   

after sub-paragraph (3) insert—

    “(4)  

In this paragraph—

“the 1975 Act” means the Sex Discrimination Act

10

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

15

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

20

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).”

33         

In Schedule 8 to SSFA 1998 (changes of category of school), in paragraph

25

5(1), for “Secretary of State” substitute “Assembly”.

Learning and Skills Act 2000 (c. 21)

34         

In section 113 of the Learning and Skills Act 2000 (sixth forms requiring

significant improvement), in subsection (3)(b) omit “any school organisation

committee”.

30

35         

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

(b)   

after that paragraph insert—

35

“(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

who are above compulsory school age but below the

40

age of 19 (and no other secondary education);”.

36         

Schedule 7 to the Learning and Skills Act 2000 (sixth forms requiring

significant improvement) is amended as follows.

37         

For paragraph 17 substitute —

“17        

The Council shall send a copy of the published proposals—

45

 

 

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

142

 

(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.”

38         

For paragraph 25 substitute —

5

“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

such other persons as may be prescribed.”

10

39    (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

education authority who maintain the school to

15

which the proposals relate;”, and

(b)   

omit the definition of “the school organisation committee”.

      (3)  

Omit sub-paragraph (3).

40         

In paragraph 33(b), for “school organisation committee” substitute “local

education authority”.

20

41         

In paragraph 34, for “school organisation committee” substitute “local

education authority”.

42    (1)  

Paragraph 35 is amended as follows.

      (2)  

For sub-paragraph (1) substitute—

    “(1)  

The local education authority must consider the proposals and,

25

subject to subsection (2), may —

(a)   

reject them,

(b)   

approve them without modification,

(c)   

approve them subject to modifications.

     (1A)  

The authority—

30

(a)   

may, if they think it appropriate to do so and subject to

regulations, refer the proposals to the adjudicator, and

(b)   

must do so in prescribed cases.”

      (3)  

In sub-paragraphs (2) and (3), for “school organisation committee”

substitute “local education authority”.

35

      (4)  

Omit sub-paragraphs (5) and (6).

      (5)  

In sub-paragraph (7)(b), for “committee” substitute “local education

authority”.

      (6)  

In sub-paragraph (8)—

(a)   

for “school organisation committee” substitute “local education

40

authority”, and

(b)   

for “the committee” substitute “the authority”.

 

 

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

143

 

43         

In paragraph 36, in sub-paragraphs (2) and (3), for “school organisation

committee” substitute “local education authority”.

44         

For paragraph 37 substitute—

“37   (1)  

The local education authority—

(a)   

may, if they think it appropriate to do so and subject to

5

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.

10

      (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.”

45         

In Schedule 7A to the Learning and Skills Act 2000, for paragraphs 5 to 7

15

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

20

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

school or foundation special school (or a proposed such school),

25

paragraph 16 of Schedule 6 to the School Standards and

Framework Act 1998 applies as it applies in the circumstances

mentioned in sub-paragraph (1) of that paragraph.

6     (1)  

In relation to England, where the governing body of a voluntary

aided school are required by paragraph 3(3)(b) of this Schedule to

30

implement proposals to make an alteration to the school,

paragraph 5 of Schedule 3 to the School Standards and Framework

Act 1998 (grants by Secretary of State in respect of expenditure on

premises and equipment) applies in relation to the school.

      (2)  

In relation to Wales, paragraph 17 of Schedule 6 to the School

35

Standards and Framework Act 1998 (grants in respect of certain

expenditure relating to voluntary aided schools) applies in

relation to the obligation under paragraph 3(3)(b) of this Schedule

as it applies in relation to the obligations referred to in sub-

paragraph (1)(a) of that paragraph 17.

40

7     (1)  

A local education authority in England may give to the governing

body of a voluntary aided school such assistance as the authority

think fit in relation to the carrying out by the governing body of

any obligation imposed on the governing body under this

Schedule.

45

      (2)  

Paragraph 31 of Schedule 2 to the Education and Inspections Act

2006 applies in relation to assistance under sub-paragraph (1) as it

 

 

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

144

 

applies in relation to assistance under paragraph 30 of that

Schedule.

      (3)  

In relation to Wales, paragraph 18 of Schedule 6 to the School

Standards and Framework Act 1998 (assistance from LEA in

respect of voluntary aided schools) applies in relation to

5

obligations imposed on the governing body of a voluntary aided

school under this Schedule as it applies in relation to the

obligations referred to in that paragraph, and paragraph 20 of that

Schedule (duty on LEA to transfer interest in premises provided

under paragraph 18) applies accordingly.”

10

Education Act 2002 (c. 32)

46    (1)  

Section 129 of EA 2002 (transfer of employment) is amended as follows.

      (2)  

In subsection (1)(a), for the words from “section” to “1998” substitute “the

relevant school organisation provisions (as defined by subsection (6))”.

      (3)  

After subsection (5) insert—

15

“(6)   

In subsection (1)(a) “the relevant school organisation provisions”

means—

(a)   

in relation to England, section 28, 28A or 31 of the School

Standards and Framework Act 1998, section 66 of the

Education Act 2005 or section 7 or 10 of the Education and

20

Inspections Act 2006, and

(b)   

in relation to Wales, section 28 or 31 of the School Standards

and Framework Act 1998.”

47         

In Schedule 1 to EA 2002 (incorporation and powers of governing body), in

paragraph 5 (dissolution of governing body) for sub-paragraph (2)

25

substitute—

    “(2)  

In this paragraph “the discontinuance date” means—

(a)   

in relation to a school in England, whichever of the

following is relevant—

(i)   

the date on which proposals for discontinuing the

30

school are implemented under Part 3 of Schedule 2

to the Education and Inspections Act 2006 or under

Schedule 7 or 7A to the Learning and Skills Act

2000,

(ii)   

the date on which the school is discontinued under

35

section 30 of the 1998 Act, or

(iii)   

the date specified in a direction given under section

16(1) or 60(1) of the Education and Inspections Act

2006;

(b)   

in relation to a school in Wales, whichever of the following

40

is relevant—

(i)   

the date on which proposals for discontinuing the

school are implemented under Part 3 of Schedule 6

to the 1998 Act or under Schedule 7 or 7A to the

Learning and Skills Act 2000,

45

(ii)   

the date on which the school is discontinued under

section 30 of the 1998 Act, or

 

 

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998

145

 

(iii)   

the date specified in a direction given under section

19(1) or 32(1) of the 1998 Act.”.

Education Act 2005 (c. 18)

48         

Omit sections 64 to 67 of EA 2005 (which relate to school organisation in

England).

5

49    (1)  

Section 68 of EA 2005 (proposals for establishment of federated school) is

amended as follows.

      (2)  

At the end of the heading insert “in Wales”.

      (3)  

In subsection (1)—

(a)   

in paragraph (a), omit “, 28A”,

10

(b)   

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

(c)   

omit paragraphs (d) and (e).

50         

In section 69 of EA 2005 (LEA not to establish school on opposite side of

Welsh border), omit paragraph (a).

51         

Omit section 73 of EA 2005 (interpretation of Part 2).

15

52         

Omit Schedules 10 and 11 to EA 2005 (which relate to school organisation in

England).

Schedule 4

Section 34

 

Disposals and changes of use of land

Part 1

20

Amendments to Schedule 22 to SSFA 1998

1          

Schedule 22 to SSFA 1998 (disposal of land by foundation, voluntary or

foundation special schools and disposals on discontinuance) is amended as

follows.

2          

Before Part 1 of the Schedule insert—

25

“Part A1

Foundation, voluntary and foundation special schools in england:

disposals of land

Disposal of land by governing body of foundation, voluntary or foundation special

school

30

A1    (1)  

This paragraph applies to any disposal by the governing body of

a foundation, voluntary or foundation special school in England

of—

(a)   

any land acquired under a transfer under section 201(1)(a)

of the Education Act 1996,

35

(b)   

any land acquired under any of the following—

 

 

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998

146

 

paragraph 2 of Schedule 3;

paragraph 16 of Schedule 6 (including that provision

as applied by any enactment);

paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;

any regulations made under paragraph 5 of Schedule

5

8;

paragraph 28(2) of Schedule 2 to the Education and

Inspections Act 2006 (including that provision as

applied by any enactment),

(c)   

any land acquired under any regulations made under—

10

section 22 of the Education and Inspections Act 2006

by virtue of subsection (3)(b) of that section, or

section 25 of that Act by virtue of subsection (2)(b) of

that section,

(d)   

any land acquired from a foundation body,

15

(e)   

any land acquired from the Funding Agency for Schools,

(f)   

any land acquired, or enhanced in value, wholly or partly

by means of any maintenance, special purpose or capital

grant (within the meaning of Chapter 6 of Part 3 of the

Education Act 1996),

20

(g)   

any land acquired, or enhanced in value, wholly or partly

by means of any grant made on or after 1st April 2007 by

the Secretary of State under paragraph 5 of Schedule 3

(including that provision as applied by any enactment) in

relation to which notice is given in accordance with

25

paragraph A30,

(h)   

any land acquired, or enhanced in value, wholly or partly

by means of expenditure incurred for the purposes of the

school and treated by the local education authority as

expenditure of a capital nature, or

30

(i)   

any land acquired, or enhanced in value, wholly or partly

with the proceeds of disposal of any land acquired or

enhanced in value as mentioned in any of paragraphs (a)

to (h).

      (2)  

But this paragraph does not apply to any disposal which—

35

(a)   

is made by the governing body of a foundation or

foundation special school after the commencement of this

sub-paragraph, and

(b)   

is a disposal to the trustees of the school made on the

school becoming a school with a foundation established

40

otherwise than under this Act.

      (3)  

Sub-paragraph (1)(h) does not apply in the case of any

expenditure incurred on or after the appointed day unless the

authority—

(a)   

prepared an appropriate statement in relation to the

45

expenditure, and

(b)   

sent a copy of the statement to the governing body either

before, or no later than 12 months after, the expenditure

was incurred.

 

 

 
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