Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
72

342C
Appeal against order of justice of peace
(1)
Regulations may make provision for an appeal against the making of
an order by virtue of section 342A (order by justice of peace in an
emergency).
(2)
The regulations must provide that an appeal brought by virtue of this
5
section—
(a)
lies to the tribunal established under section 9 of the Protection
of Children Act 1999 (c. 14), and
(b)
must be brought by the proprietor of the school in question.”
Independent schools in England
10
130
Abolition of requirement of approval for independent schools: England
(1)
Section 347 of the Education Act 1996 (c. 56) (approval of independent schools)
is amended as follows.
(2)
In subsection (1) —
(a)
for “The Secretary of State” substitute “The Welsh Ministers”;
15
(b)
after “independent school” insert “in Wales”.
(3)
In subsection (3) for “the Secretary of State sees” substitute “the Welsh
Ministers see”.
(4)
In subsection (4) for “the Secretary of State may withdraw his” substitute “the
Welsh Ministers may withdraw their”.
20
(5)
In subsection (5)—
(a)
for “a child with special educational needs” substitute “a relevant
child”;
(b)
in paragraph (a) for “the Secretary of State” substitute “the Welsh
Ministers”;
25
(c)
in paragraph (b), for “the Secretary of State is” substitute “the Welsh
Ministers are”, and for “consents” substitute “consent”.
(6)
After subsection (5) insert—
“(5ZA)
In subsection (5) “a relevant child” means a child with special
educational needs—
30
(a)
for whom a local education authority in Wales maintain a
statement under section 324, or
(b)
for whom no local education authority maintain such a
statement and who is in the area of a local education authority
in Wales.”
35
(7)
In subsection (5A)—
(a)
for “But that” substitute “Subsection (5)”;
(b)
after “local education authority” insert “in Wales”.
131
Approval of independent schools: consequential amendments
(1)
Section 349 of the Education Act 1996 (variation of trust deeds by order) is
40
amended as follows.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
73

(2)
In subsection (1)—
(a)
for “The Secretary of State” substitute “The appropriate authority”;
(b)
for “him” substitute “it”;
(c)
omit “or 347”.
(3)
After that provision insert—
5
“(1A)
In subsection (1) “the appropriate authority” means—
(a)
in relation to a school in England, the Chief Inspector;
(b)
in relation to a school in Wales, the Welsh Ministers.
(1B)
The Welsh Ministers may by order make such modifications of any
trust deed or other instrument relating to a school in Wales as, after
10
consultation with the governing body or other proprietor of the school,
appear to them to be necessary to enable the governing body or
proprietor to meet any requirement imposed by regulations under
section 347.”
(4)
Section 483A of that Act (city colleges and academies: special educational
15
needs) is amended as follows.
(5)
For subsection (3)(a) and (b) substitute—
“(a)
the statement is maintained by a local education authority in
England, or
(b)
the statement is maintained by a local education authority in
20
Wales and the Welsh Ministers consent to the child being
educated at the school.”
(6)
In subsection (4) of that section for “The Secretary of State” substitute “The
appropriate national authority”.
(7)
At the end of that section add—
25
“(6A)
In subsection (4) “the appropriate national authority” means—
(a)
in relation to a school in England, the Secretary of State;
(b)
in relation to a school in Wales, the Welsh Ministers.”
(8)
In section 59(3) of the Safeguarding Vulnerable Groups Act 2006 (c. 47)
(vulnerable adults)—
30
(a)
in paragraph (b), for the words following “which” substitute—
“(i)
is in England and is specially organised to make
special educational provision for pupils with
special educational needs (within the meaning of
section 312 of that Act), or
35
(ii)
is in Wales and is approved by the Welsh
Ministers under section 347 of that Act;”;
(b)
in paragraph (c), for “the Secretary of State” substitute “the Welsh
Ministers”.
132
Approval of independent schools: transitional provision
40
(1)
This section applies where, immediately before the coming into force of section
130, a relevant child is being educated in an independent school in England
and—
(a)
the school is for the time being approved by the Secretary of State under
section 347 of the Education Act 1996 (c. 56), or
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Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 1 — Powers of National Assembly for Wales
74

(b)
the Secretary of State has consented to the child being educated there
under subsection (5)(b) of that section.
(2)
In subsection (1) “a relevant child” means a child with special education
needs—
(a)
for whom a local education authority in Wales maintains a statement
5
under section 324 of the Education Act 1996 (c. 56) (statement of special
educational needs), or
(b)
for whom no local education authority maintains such a statement and
who is in the area of a local education authority in Wales.
(3)
On the coming into force of section 130 the Welsh Ministers are deemed to have
10
consented, under section 347(5)(b) of the Education Act 1996, to the child being
educated at the school.
(4)
The Welsh Ministers may withdraw consent deemed to have been given under
subsection (3) as if it had in fact been given.
(5)
In this section “child” has the same meaning as in Part 4 of the Education Act
15
1996 (see section 312(5) of that Act).
Part 5
Miscellaneous and general
Chapter 1
Powers of National Assembly for Wales
20
133
Powers of National Assembly for Wales
(1)
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly
Measures), field 5 (education and training) is amended as follows.
(2)
After matter 5.4 insert—

“Matter 5.4A
25

The regulation of schools that are not maintained by local education
authorities, other than nursery schools.”
(3)
In matter 5.15 after “The inspection of—” insert—
“(za)
schools that are not maintained by local education authorities,
other than nursery schools;
30
(zb)
education or training provided otherwise than by schools
within paragraph (za) for children who are not above
compulsory school age;”.
(4)
In that matter, in paragraph (b), for “such institutions” substitute “institutions
within paragraph (za) or (a)”.
35
(5)
In matter 5.16 after “mentioned in” insert “paragraphs (a) to (d) of”.

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
75

Chapter 2
Miscellaneous
Sixth form admissions etc
134
Sixth form admissions etc
After section 86 of the School Standards and Framework Act 1998 (c. 31)
5
(parental preferences) insert—
“86A
Preferences relating to sixth-form education: local education authority
arrangements
(1)
A local education authority shall make arrangements for enabling—
(a)
a child in the authority’s area to express a preference as to the
10
school at which he wishes sixth form education to be provided
for him in the exercise of the authority’s functions,
(b)
a parent of such a child to express a preference as to the school
at which he wishes sixth form education to be so provided for
his child,
15
(c)
a relevant child to express a preference as to the school at which
he wishes education other than sixth form education to be
provided for him in the exercise of the authority’s functions,
and
(d)
a parent of such a child to express a preference as to the school
20
at which he wishes such education to be so provided for his
child,

and, in each case, for enabling the person expressing the preference to
give reasons for his preference.
(2)
In subsection (1), “relevant child”, in relation to a local education
25
authority and any education, means a child in the authority’s area
who—
(a)
has ceased to be of compulsory school age, or
(b)
will have ceased to be of compulsory school age before the
education in question is provided for him.
30
(3)
Arrangements made under subsection (1) shall allow—
(a)
a person who is to be able to express a preference under any of
paragraphs (a) to (d) of that subsection to express preferences
for more than one school;
(b)
preferences to be expressed, in relation to a child, by both the
35
child and a parent of his.
(4)
Where—
(a)
the arrangements for the admission of pupils to a maintained
school provide for applications for admisssion to be made to (or
to a person acting on behalf of) the governing body of the
40
school, and
(b)
a child (whether or not in the area of the authority maintaining
the school) or his parent makes such an application,

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
76


that person shall be regarded for the purposes of this Chapter as having
expressed a preference for that school in accordance with arrangements
made under subsection (1).
(5)
Regulations may provide, in cases where a school operates
arrangements for entry to the sixth form of children who have been
5
admitted to the school, for a child who has been admitted to the school,
or his parent, to be regarded, in prescribed circumstances, for the
purposes of this Chapter as having expressed a preference for sixth
form education to be provided for the child at the school in accordance
with arrangements made under subsection (1).
10
86B
Duty in relation to preferences expressed under section 86A:
admission authorities of maintained schools
(1)
Subject to subsections (2) and (4) and section 87, the admission
authority for a maintained school shall comply with any preference
expressed in accordance with arrangements made under section
15
86A(1).
(2)
The duty imposed by subsection (1) does not apply if compliance with
the preference would prejudice the provision of efficient education or
the efficient use of resources.
(3)
Subsections (5) to (5B) of section 86 apply for the purpose of
20
determining whether any prejudice should be taken to arise for the
purposes of subsection (2), but with the substitution of references to
that subsection for references to subsection (3)(a) of section 86.
(4)
The duty imposed by subsection (1) does not apply in a case where a
preference is expressed in relation to sixth form education if—
25
(a)
the relevant selection arrangements for the preferred school are
wholly based on selection by reference to ability or aptitude,
and
(b)
compliance with the preference would be incompatible with
selection under those arrangements.
30
(5)
Where the relevant selection arrangements for a school provide for all
pupils selected under the arrangements to be selected by reference to
ability or aptitude, those arrangements shall be taken for the purposes
of subsection (4)(a) to be wholly based on selection by reference to
ability or aptitude whether or not they also provide for the use of
35
additional criteria in circumstances where the number of children in a
relevant age group who are assessed to be of the requisite ability or
aptitude is greater than the number of pupils which it is intended to
admit to the school in that age group.
(6)
In this section “the relevant selection arrangements”, in relation to a
40
school, means—
(a)
the arrangements for admission to the school for sixth form
education, or
(b)
those arrangements and the arrangements for entry to the sixth
form of children who have been admitted to the school.”
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