Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Schedule 8 — Abolition of the QCDA: transfer schemes
80

      (5)
A staff transfer scheme may provide for an employee of the QCDA to
become a member of the Crown employer’s staff despite any provision, of
whatever nature, which would otherwise prevent the person from being
employed in the civil service of the state.
Property transfer schemes
5
2     (1)
The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the QCDA of designated property, rights or
liabilities of the QCDA to Ofqual or the Secretary of State.
      (2)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or rights
10
transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the QCDA in
connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
the person to whom the property, rights or liabilities in question are
15
transferred;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
      (3)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be
20
transferred;
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
Continuity
3
A transfer by virtue of a staff transfer scheme or a property transfer scheme
25
does not affect the validity of anything done by or in relation to the QCDA
before the transfer takes effect.
Supplementary provision etc.
4
A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.
30
Interpretation
5
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer
scheme, means specified in, or determined in accordance with, the
scheme;
35
“Ofqual” means the Office of Qualifications and Examinations
Regulation;
“the QCDA” means the Qualifications and Curriculum Development
Agency.

Education Bill
Schedule 9 — School admissions: consequential amendments
81

Schedule 9
Section 34

School admissions: consequential amendments
Amendments consequential on the amendments to section 85A (admission forums)
1     (1)
Part 3 of SSFA 1998 (school admissions) is amended as follows.
      (2)
Section 85B (functions of admission forums in relation to Academies) is
5
repealed.
      (3)
In section 88F (sections 88C to 88E: supplementary), in subsection (3), omit
paragraph (f) (but not the “and” following it).
      (4)
In section 88H (reference of objections to adjudicator), in subsection (6)(a),
for “(a) to (f)” substitute “(a) to (e)”.
10
      (5)
In section 88Q (reports under section 88P: provision of information), in
subsection (2), omit paragraph (b).
2
In EA 2002, section 66 (insertion of section 85B of SSFA 1998: admissions
forums in relation to Academies) is repealed.
3
In EIA 2006, in section 41 (role of admissions forums), omit subsections (1)
15
to (6) (amendments to section 85A of SSFA 1998).
Amendments consequential on the repeal of section 88J of SSFA 1998 (school adjudicators)
4     (1)
Part 3 of SSFA 1998 (school admissions) is amended as follows.
      (2)
In section 88K (sections 88H to 88J: supplementary)—
(a)
in subsection (1)—
20
(i)
at the end of paragraph (a), insert “or”;
(ii)
omit paragraph (c) (and the “or” preceding it);
(b)
for subsection (3), substitute—
“(3)
Where the adjudicator makes a decision mentioned in
subsection (1), the adjudicator must publish a report
25
containing—
(a)
the adjudicator’s decision on the objection or (as the
case may be) on whether the admission arrangements
conform with the requirements relating to admission
arrangements, and
30
(b)
the reasons for that decision.”;
(c)
in subsection (4)(a)(ii), for “to 88J” substitute “, 88I”;
(d)
in subsection (5), for “sections 88I and 88J” substitute “section 88I”;
(e)
in the heading, for “to 88J” substitute “and 88I”.
      (3)
Section 88L (restriction on alteration of admission arrangements following
35
adjudicator’s decision) is repealed.
Amendment consequential on the amendments to section 88P of SSFA 1998 (reports by local
authority)
5
In section 88I of SSFA 1998 (other functions of adjudicator relating to
admission arrangements), in subsection (3), omit paragraph (b) (and the “or
40
preceding it).

Education Bill
Schedule 10 — Establishment of new schools
82

Schedule 10
Section 36

Establishment of new schools
Amendments of Part 2 of EIA 2006
1
Part 2 of EIA 2006 (establishment, discontinuance and alteration of schools)
is amended as follows.
5
2
Before section 7 insert—
“6A
Requirement to seek proposals for establishment of new Academies
(1)
If a local authority in England think a new school needs to be
established in their area, they must seek proposals for the
establishment of an Academy.
10
(2)
The local authority must specify a date by which any proposals
sought under subsection (1) must be submitted to them.
(3)
After the specified date, the local authority must notify the Secretary
of State—
(a)
of the steps they have taken to seek proposals for the
15
establishment of an Academy, and
(b)
of any proposals submitted to them as a result before the
specified date, or of the fact that no such proposals have been
submitted to them before that date.
(4)
A notification under subsection (3) must—
20
(a)
identify a possible site for the Academy, and
(b)
specify such matters as may be prescribed.”
3
In section 7 (invitation for proposals for establishment of new schools)—
(a)
in subsection (1), after “may” insert “with the consent of the Secretary
of State”;
25
(b)
in subsection (5), omit paragraph (b) and the “and” immediately
before it;
(c)
omit subsection (5A);
(d)
in subsection (6), insert “and” at the end of paragraph (a) and omit
paragraph (c) and the “and” immediately before it.
30
4
After section 7 insert—
“7A
Withdrawal of notices under section 7
(1)
This section applies where a local authority have published a notice
under section 7.
(2)
At any time before the date specified in the notice—
35
(a)
the local authority may withdraw it, with the consent of the
Secretary of State, or
(b)
the Secretary of State may direct the local authority to
withdraw it.”
5
Section 8 (proposals under section 7 relating to community or community
40
special schools) is repealed.

Education Bill
Schedule 10 — Establishment of new schools
83

6     (1)
Section 10 (publication of proposals with consent of Secretary of State) is
amended as follows.
      (2)
In subsection (1), for the words from “(otherwise” to the end substitute “a
new community, community special, foundation or foundation special
school, which—
5
(a)
is not to be one providing education suitable only to the
requirements of persons above compulsory school age, and
(b)
is to replace one or more maintained schools, except where
section 11(A2) applies or in a case within section 11(A3).”
      (3)
In subsection (2)—
10
(a)
after “voluntary” insert “controlled”;
(b)
in paragraph (b), for “(2)(b) or (c)” substitute “(2)”.
7     (1)
Section 11 (publication of proposals to establish maintained schools: special
cases) is amended as follows.
      (2)
Before subsection (1) insert—
15
“(A1)
Subsection (A2) applies where a local authority in England publish a
notice under section 7 (notice inviting proposals for establishment of
new schools), and—
(a)
no proposals are made pursuant to the notice, or
(b)
proposals are made pursuant to the notice but none of the
20
proposals are approved under Schedule 2 or result in
Academy arrangements being entered into.
(A2)
The local authority may publish under this section proposals of their
own to establish a new community, community special, foundation
or foundation special school, which is not to be one providing
25
education suitable only to the requirements of persons above
compulsory school age.
(A3)
Where a local authority in England propose to establish a new
community, community special, foundation or foundation special
school, which—
30
(a)
is to be a primary school, and
(b)
is to replace a maintained infant school and a maintained
junior school,

the authority must publish their proposals under this section.”
      (3)
After subsection (1) insert—
35
“(1A)
Where any persons (“proposers”) propose to establish a new
voluntary aided school in England, they may publish their proposals
under this section.”
      (4)
In subsection (2)—
(a)
after “voluntary” insert “controlled”;
40
(b)
before paragraph (b) insert—
“(aa)
is to replace one or more foundation or voluntary
schools which have a religious character,”.

Education Bill
Schedule 10 — Establishment of new schools
84

      (5)
After subsection (2) insert—
“(2A)
For the purposes of subsection (2)(aa), a new foundation or
voluntary controlled school replaces a foundation or voluntary
school which has a religious character if it is proposed that the new
school—
5
(a)
should have the same religious character,
(b)
should have a different religious character, or
(c)
should not have a religious character.”
      (6)
In subsection (3), after “voluntary” insert “controlled”.
      (7)
In subsection (7), after “subsection” insert “(1A) or”.
10
      (8)
For subsection (9) substitute—
“(9)
In this section—
“maintained infant school” means a maintained school that
provides primary education suitable to the requirements of
children of compulsory school age who have not attained the
15
age of 8;
“maintained junior school” means a maintained school that
provides primary education suitable to the requirements of
junior pupils who have attained the age of 7;
“non-maintained special school” means a school which is
20
approved under section 342 of EA 1996.”
8
In section 11A(1) (restriction on power of governing body to make
proposals), for “11(2)” substitute “11(1A) or (2)”.
9
In section 12 (establishment of school as a federated school), in subsection
(1), after “new” insert “maintained”.
25
10    (1)
Schedule 2 (consideration, approval and implementation of proposals for
establishment or discontinuance of schools in England) is amended as
follows.
      (2)
After paragraph 3 insert—
““Academy proposals” and “non-Academy proposals”
30
3A
In this Schedule—
(a)
“Academy proposals” means proposals under section 7 for
the establishment of an Academy, and
(b)
“non-Academy proposals” means proposals under section
7 for the establishment of a school falling within subsection
35
(2)(a) of that section.”
      (3)
In paragraph 4(a) (references to persons by whom proposals under section 7
are made), omit “or in the case of proposals published by the relevant
authority under subsection (5)(b) of that section, by the relevant authority,”.
      (4)
In paragraph 5(b) (requirement to forward objections and comments made
40
in relation to proposals)—
(a)
for “referred to” substitute “to be considered by the Secretary of State
or”;

Education Bill
Schedule 10 — Establishment of new schools
85

(b)
after “forward to” insert “the Secretary of State or (as the case may
be)”.
      (5)
In the heading to Part 2, omit “by Local Authority or Adjudicator”.
      (6)
For the heading before paragraph 6 substitute “Consideration of proposals”.
      (7)
Before paragraph 6 insert—
5
“5A   (1)
Academy proposals do not require consideration under
paragraph 8 (see paragraph 7A instead).
      (2)
If proposals under section 7 consist wholly of non-Academy
proposals, the proposals require consideration under paragraph 8.
      (3)
If proposals under section 7 include both Academy proposals and
10
non-Academy proposals, the non-Academy proposals do not
require consideration under paragraph 8 unless and until
paragraph 7A(5) or (6) applies.”
      (8)
In paragraph 6 (proposals under section 7, 10 or 11 requiring consideration
under paragraph 8), omit “7,”.
15
      (9)
After paragraph 7 insert—
“7A   (1)
This paragraph applies where proposals under section 7 consist of
or include Academy proposals.
      (2)
The Secretary of State must decide whether to enter into Academy
arrangements as a result of any of the Academy proposals.
20
      (3)
The Secretary of State must notify the relevant authority of a
decision under sub-paragraph (2).
      (4)
Sub-paragraphs (5) and (6) apply where the proposals under
section 7 include non-Academy proposals.
      (5)
If the Secretary of State decides not to enter into Academy
25
arrangements as a result of any of the Academy proposals, the
non-Academy proposals require consideration under paragraph
8.
      (6)
In any other case, the Secretary of State may direct that all or any
of the non-Academy proposals require consideration under
30
paragraph 8.”
     (10)
Omit the heading before paragraph 8.
     (11)
In paragraph 9 (consideration of proposals that are related to other
proposals), for sub-paragraph (2) substitute—
    “(2)
Where proposals within sub-paragraph (2A) appear to the
35
relevant authority to be related to other proposals within that sub-
paragraph that have not yet been determined, the authority must
consider the proposals together.
     (2A)
The proposals within this sub-paragraph are—
(a)
proposals under section 7 that require consideration by the
40
authority under paragraph 8;
(b)
proposals under section 10, 11 or 15.”

Education Bill
Schedule 11 — Further education institutions: amendments
86

     (12)
In paragraph 10(1) (duty to refer to adjudicator certain proposals made by or
involving relevant authority), for paragraph (a) substitute—
“(a)
all the proposals published under section 7 in response to
a notice under that section and which—
(i)
would otherwise require consideration by the
5
authority under paragraph 8, and
(ii)
consist of or include proposals which relate to the
establishment of a foundation school with a
foundation falling within sub-paragraph (2);”.
     (13)
In paragraph 12 (duty to refer proposals to adjudicator in pursuance of
10
direction of Secretary of State)—
(a)
in sub-paragraph (1)(a)—
(i)
after “section 7” insert “and which require consideration
under paragraph 8”;
(ii)
after “determined by the authority” insert “under that
15
paragraph”;
(b)
in sub-paragraph (1)(b), after “that section” insert “and which
require consideration under paragraph 8,”;
(c)
omit sub-paragraphs (2) and (3).
     (14)
In paragraph 13 (duty to refer proposals to adjudicator where determination
20
delayed), in paragraph (a), after “section 7” insert “and which require
consideration under paragraph 8”.
     (15)
Omit paragraph 18 and the heading before it (consultation in respect of
proposals to establish Academy).
     (16)
In paragraph 19(4) (determination whether or not to implement proposals
25
under section 15 not requiring consideration under paragraph 8)—
(a)
after paragraph (a) insert—
“(aa)
proposals published under section 7 that require
consideration under paragraph 8 and are not yet
determined,”;
30
(b)
in paragraph (b), omit “7,”.
     (17)
Omit paragraph 27 (proposals relating to Academy: implementation).
Other amendments
11
In Schedule 2 to AA 2010 (Academies: amendments), omit paragraph 22.
Schedule 11
35
Section 48

Further education institutions: amendments
Amendments of FHEA 1992
1
FHEA 1992 is amended as follows.
2     (1)
Section 19 (supplementary powers of further education corporations) is
amended as follows.
40