Children, Schools and Families Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Children, Schools and Families Bill

Children, Schools and Families Bill
Part 1 — Children and schools
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reasonably practicable to secure that, where sex and relationships education is
given to any registered pupils at the school”.
(3)
After that subsection there is inserted—
“(1ZA)
The schools to which this section applies are—
(a)
maintained schools;
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(b)
city technology colleges;
(c)
city colleges for the technology of the arts;
(d)
Academies.

A reference in this section or section 404 to the governing body of a
school, in relation to a school within paragraph (b), (c) or (d), shall be
10
read as a reference to the proprietor of the school.”
(4)
In subsection (1A)—
(a)
for “when sex education is given to registered pupils at maintained
schools” there is substituted “when sex and relationships education is
given to registered pupils at schools to which this section applies”;
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(b)
in paragraph (a), after “, and” there is inserted “learn the nature of civil
partnership and the importance of strong and stable relationships.”;
(c)
paragraph (b) is omitted.
(5)
In subsection (1C), for “sex education” there is substituted “sex and
relationships education”.
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(6)
In section 579 of that Act (general interpretation), in the definition of “sex
education” in subsection (1)—
(a)
for “sex education” there is substituted “sex and relationships
education”;
(b)
at the end there is inserted—
25
“but does not include education about human reproduction
provided as part of any science teaching;”.
14
Exemption from sex and relationships education
For section 405 of EA 1996 there is substituted—
“405
Exemption from sex and relationships education
30
If the parent of a pupil under the age of 15 in attendance at a school to
which section 403 applies requests that the pupil may be wholly or
partly excused from receiving sex and relationships education at the
school, the pupil shall be so excused accordingly until—
(a)
the request is withdrawn, or
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(b)
the pupil attains the age of 15.”
Powers of governing bodies
15
Power to provide community facilities etc
(1)
In section 27 of EA 2002 (power of governing body to provide community

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Part 1 — Children and schools
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facilities etc), after subsection (1) there is inserted—
“(1A)
At least once in every school year the governing body of a maintained
school in England shall consider whether, and if so how, they should
exercise the power under subsection (1).”
(2)
In section 50 of SSFA 1998 (effect of financial delegation), after subsection (3)
5
there is inserted—
“(3A)
In the case of a school in England—
(a)
subject to regulations under paragraph (b) below, subsection
(3)(a) has effect as if amounts spent on providing facilities or
services under section 27 of the Education Act 2002 (power of
10
governing body to provide community facilities etc) were spent
for purposes of the school;
(b)
regulations may impose restrictions as to the matters on which
amounts may be spent under subsection (3)(a).”
(3)
In subsection (4) of that section, for “In subsection (3) “purposes of the school””
15
there is substituted “In the case of a school in Wales, “purposes of the school”
in subsection (3)”.
(4)
In section 51A of SSFA 1998 (expenditure incurred for community purposes),
in subsections (1) and (2), after “a maintained school” there is inserted “in
Wales”.
20
16
Power to form company to establish Academy, etc
(1)
The governing body of a maintained school in England may—
(a)
form, or participate in forming, a company to enter into an agreement
under section 482 of EA 1996 (agreement with Secretary of State to
establish etc an Academy), and
25
(b)
do anything which appears to them to be necessary or expedient in
connection with a proposal that an agreement under that section be
entered into with a company formed (or proposed to be formed) by
them under paragraph (a).

References in this subsection to a company are to a company registered under
30
the Companies Act 2006 as a company limited by guarantee.
(2)
The governing body of a maintained school in England—
(a)
may be a member of a company which they have formed, or
participated in forming, under subsection (1)(a), and
(b)
may be a member of a company which is not within paragraph (a) but
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which is party to an agreement under section 482 of EA 1996.
(3)
The power conferred by subsection (1)(b) includes, in particular, power—
(a)
to incur expenditure;
(b)
to enter into arrangements or agreements with any person.
(4)
This section is not to be read as limiting any powers that the governing body
40
of a maintained school have otherwise than by virtue of this section.
(5)
In this section “maintained school” means a community, foundation or
voluntary school or a community or foundation special school.

Children, Schools and Families Bill
Part 1 — Children and schools
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Powers to assist etc proprietor of Academy and be a member of a foundation
(1)
Paragraph 3 of Schedule 1 to EA 2002 (powers of governing body) is amended
as follows.
(2)
After sub-paragraph (2) there is inserted—
“(2A)
The governing body of a maintained school in England (other than the
5
governing body of a maintained nursery school) may provide advice
and assistance to the proprietor of an Academy.
(2B)
The governing body of a maintained school in England may be a
member of the foundation of another maintained school in England.

In this sub-paragraph “foundation” has the meaning given by section
10
21(3) of the 1998 Act, except that it does not include a foundation
established under that Act.”
(3)
In sub-paragraph (3)—
(a)
in the words before paragraph (a), for “and (2)” there is substituted
“, (2) and (2A)”;
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(b)
in paragraph (f), after “sub-paragraph (2)” there is inserted “or (2A)”.
18
Power to propose new schools
After section 11 of EIA 2006 there is inserted—
“11A
Restriction on power of governing body to make proposals
(1)
The governing body of a maintained school may make proposals
20
pursuant to a notice under section 7 or publish proposals under section
11(2) only if the governing body are for the time being designated for
the purposes of this section—
(a)
by the Secretary of State, or
(b)
by a person authorised by the Secretary of State to designate
25
governing bodies for those purposes.
(2)
The governing body of a maintained nursery school may not be
designated for the purposes of this section.”
School improvement etc
19
School improvement partners
30
(1)
Section 5 of EIA 2006 (school improvement partners) is amended as follows.
(2)
In subsection (1)—
(a)
after “advice” there is inserted “and other services of a prescribed
description”;
(b)
for “with a view to improving standards at the school” there is
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substituted “with a view to—
(a)
improving standards at the school, and
(b)
improving the well-being of pupils at the school.”

Children, Schools and Families Bill
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(3)
After subsection (5) there is inserted—
“(5A)
In exercising functions under or by virtue of this section, an authority
must have regard to any guidance given from time to time by the
Secretary of State.”
(4)
In subsection (6), after the definition of “regulations” there is inserted—
5
““well-being” means well-being so far as relating to the matters
mentioned in section 10(2) of the Children Act 2004.”
20
Provision of information about schools, etc
(1)
In section 537 of EA 1996 (power of Secretary of State to require information
from governing bodies etc)—
10
(a)
in subsection (2), for “this section information” there is substituted “this
section—
(a)
information as to the views of prescribed persons about
the school is to be treated as information about the
school;
15
(b)
information”;
(b)
after subsection (8) there is inserted—
“(8A)
If regulations under this section require a governing body or
proprietor to provide information as to the views of prescribed
persons, they may make provision also about arrangements to
20
be made by the governing body or proprietor for the purpose of
obtaining that information.”
(2)
After that section there is inserted—
“537ZA
  Power to require information about funded education
(1)
The appropriate national authority may by regulations make provision
25
requiring a local authority to provide prescribed information relating
to—
(a)
arrangements made by the authority for, or in connection with,
the provision of funded education (their “section 19
arrangements”),
30
(b)
the provision of funded education that is made by virtue of their
section 19 arrangements, or
(c)
activities engaged in or services provided in connection with
the provision of funded education that is made by virtue of their
section 19 arrangements.
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(2)
The appropriate national authority may by regulations also make
provision requiring a person who provides funded education (a
“section 19 provider”) to provide prescribed information relating to—
(a)
the provision of that education, or
(b)
activities engaged in or services provided by the provider in
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connection with the provision of that education.
(3)
For the purposes of this section—
(a)
information as to the views of prescribed persons about funded
education provided by a section 19 provider is to be treated as
information relating to the provision of that education, and
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(b)
information about the continuing education of persons ceasing
to be provided with funded education by a section 19 provider,
or the employment or training taken up by persons on ceasing
to be provided with funded education by a section 19 provider,
is to be treated as information relating to the provision of
5
funded education by that provider.
(4)
Where the appropriate national authority exercises the power to make
regulations under this section, the power shall be exercised with a view
to making available information which is likely to—
(a)
increase public awareness of the quality of funded education
10
and of the educational standards achieved by children and
young persons to whom funded education is provided, or
(b)
assist in assessing the degree of efficiency with which financial
resources are managed in connection with the provision of
funded education.
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(5)
In this section—
“the appropriate national authority” means—
(a)
in relation to a local authority or section 19 provider in
England, the Secretary of State;
(b)
in relation to a local authority or section 19 provider in
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Wales, the Welsh Ministers;
“funded education” has the meaning given in section 537B(9);
“prescribed” means prescribed in regulations under this section.
(6)
Subsections (4) to (12) of section 537 apply for the purposes of this
section as if—
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(a)
the references in those subsections to regulations under section
537 were to regulations under this section;
(b)
in subsections (4) and (6)(b), the references to the purposes of
section 537 were to the purposes of this section;
(c)
in subsection (7)—
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(i)
the reference to the governing body of a school
maintained by a local authority, in paragraph (a), were
to a section 19 provider;
(ii)
paragraph (b) were omitted;
(d)
in subsection (8A), the references to a governing body or
35
proprietor were to a local authority or section 19 provider;
(e)
the references in subsection (11) to schools were to section 19
providers.”
(3)
After section 569 of EA 1996 there is inserted—
“569A
  Regulations made by the Welsh Ministers under section 537ZA
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(1)
The power of the Welsh Ministers to make regulations under section
537ZA shall be exercised by statutory instrument.
(2)
A statutory instrument containing regulations under section 537ZA
made by the Welsh Ministers shall be subject to annulment in
pursuance of a resolution of the National Assembly for Wales.
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(3)
Regulations made by the Welsh Ministers under section 537ZA may
make different provision for different cases, circumstances or areas and

Children, Schools and Families Bill
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may contain such incidental, supplemental, saving or transitional
provisions as the Welsh Ministers think fit.”
(4)
In EA 2002, section 30A (school profiles) is omitted.
21
Schools eligible for intervention: powers of local authority
(1)
Section 63 of EIA 2006 (power of local authority to require governing body to
5
enter into arrangements) is amended as follows.
(2)
In paragraph (d) of subsection (1)—
(a)
the words “or joining” are omitted;
(b)
at the end there is inserted “, that falls within subsection (1A),
(e)
to take specified steps for the purpose of altering the
10
school to make it fall within subsection (1B), or
(f)
in the case of a foundation or foundation special school
to which section 25 applies, to publish proposals under
that section for the removal of the school’s foundation.”
(3)
After subsection (1) there is inserted—
15
“(1A)
A federation falls within this subsection if the schools that form the
federation include the school that is eligible for intervention and at least
one school whose governing body immediately before the creation of
the federation was for the time being designated for the purposes of
this subsection—
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(a)
by the Secretary of State, or
(b)
by a person authorised by the Secretary of State to designate
governing bodies for those purposes.
(1B)
A school falls within this subsection if—
(a)
it is a foundation or foundation special school which has a
25
foundation,
(b)
in order for the foundation to be properly constituted, its
members must include at least one person who is for the time
being designated for the purposes of this subsection—
(i)
by the Secretary of State, or
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(ii)
by a person authorised by the Secretary of State to
designate persons for those purposes, and
(c)
the school’s instrument of government provides for a majority
of the governing body to be foundation governors.”
(4)
After subsection (4) there is inserted—
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“(5)
In subsection (1)(d) the reference to “creating” a federation that falls
within subsection (1A) includes a reference to creating such a
federation by joining a school to an existing federation.
(6)
In this section “foundation” means a foundation established otherwise
than under SSFA 1998.”
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22
Schools causing concern: powers of Secretary of State, etc
(1)
Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.
(2)
In section 60 (performance standards and safety warning notice), in subsection

Children, Schools and Families Bill
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(6), before paragraph (a) there is inserted—
“(za)
the Secretary of State,”.
(3)
In section 60A (teachers’ pay and conditions warning notice), in subsection (6),
before paragraph (a) there is inserted—
“(za)
the Secretary of State,”.
5
(4)
In section 68 (power of Secretary of State to direct closure of school), in
subsection (1), for “by virtue of section 62 (school requiring special measures)”
there is substituted “other than by virtue of section 60A”.
(5)
In section 69A (the heading of which becomes “Power of Secretary of State to
direct authority to give performance standards and safety warning notice”)—
10
(a)
subsection (5) is omitted;
(b)
in subsection (8), paragraph (b) and the word “, and” before it are
omitted;
(c)
for subsection (9) there is substituted—
“(9)
If the response states that the authority have decided not to give
15
a warning notice to the governing body in the specified terms—
(a)
the response must set out the authority’s reasons for the
decision, and
(b)
the Secretary of State may direct the authority to give the
warning notice to the governing body in those terms
20
(and to withdraw any previous warning notice given to
the governing body under section 60).
(9A)
If the Secretary of State directs the authority under subsection
(9)(b) to give a warning notice to the governing body in the
specified terms, the authority must comply with the direction
25
under subsection (9)(b) before the end of the period of 5
working days beginning with the day on which that direction is
given.”;
(d)
for subsection (10) there is substituted—
“(10)
Section 60 has effect, in relation to a notice served under it in
30
compliance with a direction under subsection (9)(b), as if—
(a)
in subsection (1), paragraphs (b) and (c) were omitted;
(b)
in subsection (4), paragraph (c) were omitted;
(c)
subsections (5) and (7) to (9) were omitted;
(d)
in the definition of “the compliance period” in
35
subsection (10), for the words from “means” to “on
which he does so” there were substituted “means the
period beginning with the day on which the warning
notice is given”.
(11)
A direction under this section must be in writing.”
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(6)
In section 69B (power of Secretary of State to direct authority to give teachers’
pay and conditions warning notice)—
(a)
in subsection (7), paragraph (b) and the word “, and” before it are
omitted;
(b)
in subsection (9), paragraph (b) and the word “, and” before it are
45
omitted;