Education Bill [HL]

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Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 5 — Transitional exemption orders for purposes of Sex Discrimination Act 1975
112

with a view to entering into an agreement under section 482 of the Education
Act 1996 (c. 56) for the establishment of an Academy.
      (3)
Approval under paragraph 11 of proposals to establish an Academy does
not oblige the Secretary of State to enter into, or seek to enter into, an
agreement under section 482 of the Education Act 1996 (c. 56).
5
Implementation of proposals
13
Proposals approved by the school organisation committee under paragraph
9 or by the adjudicator under paragraph 11 have effect as if they—
(a)
had been made by the local education authority under their powers
to make or invite proposals for the establishment, alteration or
10
discontinuance of schools, or
(b)
in any case where the proposals are for the alteration of a foundation,
voluntary or foundation special school, had been made by the
governing body under their powers to make proposals for the
alteration of their school,
15

and had been approved by the school organisation committee or the
adjudicator, as the case may be, under paragraph 3 of Schedule 6 to the 1998
Act or, in the case of proposals to establish an Academy, under paragraph 4
of Schedule 10 to this Act.
Part 5
20
Transitional exemption orders for purposes of Sex Discrimination Act 1975
14    (1)
This paragraph applies to proposals for a school in England to cease to be an
establishment which admits pupils of one sex only.
      (2)
Sub-paragraph (3) applies where such proposals are made under paragraph
7 and, in accordance with sub-paragraph (5) of that paragraph, the Secretary
25
of State sends a copy of the published proposals to the school organisation
committee.
      (3)
The sending of the published proposals to the school organisation
committee by the Secretary of State is to be treated as an application by the
responsible body for the making by the school organisation committee of a
30
transitional exemption order, and the committee may make such an order
accordingly.
      (4)
Where—
(a)
the school organisation committee have failed to reach a unanimous
decision under sub-paragraph (3) on whether to make a transitional
35
exemption order, or
(b)
the school organisation committee refer the proposals to the
adjudicator under paragraph 9,

they must refer the question whether to make a transitional exemption order
to the adjudicator.
40
      (5)
Where that question is referred to the adjudicator—
(a)
he must consider the matter afresh, and
(b)
he may make a transitional exemption order accordingly.
      (6)
In this paragraph—
“the 1975 Act” means the Sex Discrimination Act 1975 (c. 65);
45

Education Bill [HL]
Schedule 12 — School organisation: further amendments
113

“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 section 22 of the
1975 Act;
“transitional exemption order” has the same meaning as in section 27 of
5
the 1975 Act;

and references to proposals for a school to cease to be an establishment
which admits pupils of one sex only are references to proposals which are or
include proposals for such an alteration of a school’s admission
arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex
10
establishments becoming co-educational).
Schedule 12
Section 69

School organisation: further amendments
Education Act 1996 (c. 56)
1     (1)
Section 5 of the Education Act 1996 (primary schools, secondary schools and
15
middle schools) is amended as follows.
      (2)
For subsection (3) substitute—
“(3)
In this Act “middle school” means a school which, in pursuance of
proposals published under section 28 or 28A of, or paragraph 5 of
Schedule 7 to, the School Standards and Framework Act 1998 or
20
section 65 of, or paragraph 7 of Schedule 11 to, the Education Act
2005, 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,
25
and
(b)
are under a specified age above 12 years (referred to in this
Act as “the relevant upper age”).”
      (3)
In subsection (5) for the words from the beginning to “subsection” substitute
“The powers conferred by the enactments mentioned in subsection (3) (so far
30
as relating to the establishment of middle schools) and the powers conferred
by subsection”.
2
In section 529 of the Education Act 1996 (power to accept gifts on trust for
educational purposes), in subsection (2), for the words from “section 28” to
the end substitute “sections 28 and 28A of the School Standards and
35
Framework Act 1998 and section 65 of the Education Act 2005 as an intention
to establish a new community school (so that proposals for that purpose
shall be published in accordance with those sections); and Schedule 6 to the
School Standards and Framework Act 1998 or Schedule 10 to the Education
Act 2005 (which relate to statutory proposals) shall apply accordingly”.
40
3
In section 530 of the Education Act 1996 (compulsory purchase of land), in
subsection (1)(c), for “section 70 of the Education Act 2002” substitute
“section 65 of the Education Act 2005”.
4
In section 580 of the Education Act 1996 (index), after the entry beginning

Education Bill [HL]
Schedule 12 — School organisation: further amendments
114

“relevant standard number” insert—

“relevant upper age (in relation to a
section 5(3)(b)”

middle school)

5     (1)
In Schedule 35A to the Education Act 1996 (Academies: land), paragraph 1
is amended as follows.
5
      (2)
In sub-paragraph (2)(b), for “section 70 of the Education Act 2002 (new
schools to meet increased demand for secondary education)” substitute
“section 65 of the Education Act 2005 (proposals for new secondary
schools)”.
      (3)
In sub-paragraph (3)(d), for “section 70 of the Education Act 2002” substitute
10
“section 65 of the Education Act 2005”.
School Standards and Framework Act 1998 (c. 31)
6
In section 25 of the School Standards and Framework Act 1998 (adjudicators)
in subsection (2) after “this Act” insert “or Part 2 of the Education Act 2005”.
7
In section 33 of the School Standards and Framework Act 1998 (further
15
provisions relating to establishment, alteration or discontinuance of
schools), in subsection (4), after “28,” insert “28A,”.
8
In section 34 of the School Standards and Framework Act 1998
(rationalisation of school places)—
(a)
for “Secretary of State” substitute “National Assembly for Wales”,
20
(b)
for “and governing bodies” substitute “in Wales and governing
bodies of maintained schools in Wales”, and
(c)
for “him” substitute “the Assembly”.
9
In section 143 of the School Standards and Framework Act 1998 (index), in
the entry beginning “promoters”, after “section 28(2)” insert “or 28A(2)”.
25
10
In Schedule 4 to the School Standards and Framework Act 1998 (school
organisation committees) in paragraph 5(4)—
(a)
in paragraph (c), for “or paragraph 16 of Schedule 7” substitute “or
under paragraph 14 of Schedule 11 to the Education Act 2005”, and
(b)
in paragraph (d), for “paragraph 8 of Schedule 7” substitute
30
“paragraph 9 of Schedule 11 to the Education Act 2005”.
11
In Schedule 5 to the School Standards and Framework Act 1998
(adjudicators), in paragraph 5(1) (procedure), after “this Act” insert “or
under Part 2 of the Education Act 2005”.
12    (1)
Schedule 6 to the School Standards and Framework Act 1998 (statutory
35
proposals: procedure and implementation) is amended as follows.
      (2)
In paragraph 1(1), after “28,” insert “28A”.
      (3)
In paragraph 2(1), after “28,” insert “28A,”.
      (4)
In paragraph 3—
(a)
in sub-paragraph (1), after “28,” insert “28A,”,
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Education Bill [HL]
Schedule 12 — School organisation: further amendments
115

(b)
after sub-paragraph (6C) insert—
   “(6D)
If by the end of such period as may be specified in
regulations, the committee have not determined whether
to give any approval under this paragraph, they shall refer
the proposals to the adjudicator.”, and
5
(c)
in sub-paragraph (8), after “28,” insert “28A,”.
      (5)
In paragraph 4—
(a)
in sub-paragraph (1), after “28,” insert “28A,”,
(b)
in sub-paragraph (3)—
(i)
omit paragraph (d), and
10
(ii)
for paragraph (h) substitute—
“(h)
a direction under paragraph 3(2) or 4(2) of
Schedule 11 to the Education Act 2005.”, and
(c)
in sub-paragraph (4)(a), for “paragraph 8 or 9 of Schedule 7”
substitute “paragraph 9 or 11 of Schedule 11 to the Education Act
15
2005”.
      (6)
In paragraph 5—
(a)
in sub-paragraph (1)(a) and (4), after “28,” insert “28A,”,
(b)
after sub-paragraph (6A) insert—
   “(6B)
If by the end of such period as may be specified in
20
regulations, the committee have not decided any matter
falling to be decided by them under this paragraph, they
shall refer the proposals to the adjudicator.”, and
(c)
in sub-paragraph (10), for “shall be regarded as requiring a fresh
approval” substitute “fall to be considered afresh by the committee”.
25
      (7)
In paragraph 10(7), for “shall be regarded as requiring a fresh approval”
substitute “fall to be considered afresh by the Secretary of State”.
      (8)
In paragraph 12(2), after “section 28(1)” insert “, 28A(1)”.
      (9)
In paragraph 13—
(a)
in sub-paragraph (2), after “section 28(1)” insert “, 28A(1)”.
30
(b)
for sub-paragraph (3) substitute—
     “(3)
Where the proposals were published—
(a)
under section 28(2) or 28A(2), by promoters, or
(b)
under section 28(2), by the governing body,

they shall be implemented by the local education authority
35
and by the promoters or (as the case may be) the governing
body, respectively, to such extent (if any) as the proposals
provide for each of them to do so.”
     (10)
In paragraph 14(3), after “paragraph 28(2)” insert “or 28A(2)”.
13    (1)
Schedule 7 to the School Standards and Framework Act 1998 (rationalisation
40
of school places) is amended as follows.
      (2)
For the heading substitute “RATIONALISATION OF SCHOOL PLACES IN
WALES”.

Education Bill [HL]
Schedule 12 — School organisation: further amendments
116

      (3)
After paragraph 1 insert—
“1A
In this Schedule “the Assembly” means the National Assembly for
Wales.”
      (4)
In paragraph 2—
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
5
(b)
in sub-paragraph (1)(a), after “local education authority” insert “in
Wales”, and
(c)
omit sub-paragraph (5).
      (5)
In paragraph 3—
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
10
(b)
in sub-paragraph (1)(a), after “local education authority” insert “in
Wales”, and
(c)
omit sub-paragraph (5).
      (6)
In paragraph 4—
(a)
omit sub-paragraphs (1) to (6),
15
(b)
in sub-paragraph (7)—
(i)
omit “(whether relating to an area in England or in Wales)”,
and
(ii)
for “Secretary of State” (in both places) substitute
“Assembly”, and
20
(c)
in sub-paragraph (9)(b) omit “approved or”, “8, 9 or” and “10(b) or”.
      (7)
For the heading to Part 3 substitute “PROPOSALS BY NATIONAL
ASSEMBLY FOR WALES”.
      (8)
In paragraph 5—
(a)
in sub-paragraph (1)—
25
(i)
for “Secretary of State” substitute “Assembly”, and
(ii)
for “he may” substitute “the Assembly may”,
(b)
omit sub-paragraph (3), and
(c)
in sub-paragraph (4), for the words from the beginning to “shall”
substitute “The Assembly shall”.
30
      (9)
Omit Part 4.
     (10)
In paragraph 12(2)(a), for “Secretary of State” substitute “Assembly”.
     (11)
In paragraph 13—
(a)
in sub-paragraph (1), for “the Secretary of State” and “he” substitute
“the Assembly”,
35
(b)
in sub-paragraph (2), for “the Secretary of State”, “his” and “he”
substitute respectively “the Assembly”, “the Assembly’s” and “the
Assembly”,
(c)
in sub-paragraph (3), for “Secretary of State” substitute “Assembly”,
(d)
in sub-paragraph (4)—
40
(i)
for “Secretary of State” substitute “Assembly”,
(ii)
for “he shall refer” substitute “the Assembly shall refer”,
(iii)
for “he causes” substitute “the Assembly causes”,
(iv)
for “to him” substitute “to the Assembly, and
(v)
for “he is required” substitute “it is required”,
45

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
117

(e)
in sub-paragraph (5)—
(i)
for “Secretary of State” substitute “Assembly”,
(ii)
for “he forms” substitute “the Assembly forms”,
(iii)
for “him” substitute “the Assembly”, and
(iv)
for “he subsequently forms” substitute “the Assembly
5
subsequently forms”.
     (12)
In paragraph 14—
(a)
in sub-paragraph (1)—
(i)
for “Secretary of State” substitute “Assembly”,
(ii)
for “he” (wherever occurring) substitute “it”, and
10
(iii)
in paragraph (a), for “him” substitute “the Assembly”, and
(b)
in sub-paragraph (2)—
(i)
for “Secretary of State” substitute “Assembly”, and
(ii)
for “he” (wherever occurring) substitute “it”.
     (13)
In paragraph 15, for “Secretary of State” (in both places) substitute
15
“Assembly”.
     (14)
Omit paragraph 16.
     (15)
In paragraph 17(2), for “Secretary of State” (in both places) substitute
“Assembly”.
14    (1)
Schedule 22 to the School Standards and Framework Act 1998 (disposals of
20
land in case of certain schools and disposals on discontinuance) is amended
as follows.
      (2)
In paragraph 2(1)(a), at the end insert “or under paragraph 14(5) of Schedule
10 to the Education Act 2005”.
      (3)
In paragraph 3(1)(a), at the end insert “or under paragraph 14(5) of Schedule
25
10 to the Education Act 2005”.
Education Act 2002 (c. 32)
15
In section 129 of the Education Act 2002 (transfer of employment), in
subsection (1)(a) after “section 28” insert “, 28A”.
Schedule 13
30
Section 74

The Training and Development Agency for Schools
Supplementary powers
1     (1)
The power conferred on the Agency by section 80 includes power to do
anything which appears to them to be incidental to the furtherance of the
objectives in section 72(2) or to the exercise of any other function conferred
35
on them by any enactment, including, in particular, power to—
(a)
acquire and dispose of land and other property,
(b)
enter into contracts,
(c)
invest sums not immediately required for the purposes of the
discharge of their functions, and
40

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
118

(d)
accept gifts or money, land or other property.
      (2)
The Agency may not borrow money except with the consent of the Secretary
of State.
Chief officer
2     (1)
One of the members of the Agency is to be the chief officer.
5
      (2)
The chief officer is to be appointed by the Agency with the approval of the
Secretary of State on such terms and conditions (including terms with
respect to tenure and vacation of office) as the Agency may with the
approval of the Secretary of State determine.
      (3)
On approval by the Secretary of State of the person to be appointed on any
10
occasion as chief officer of the Agency and the terms and conditions of his
appointment, the Secretary of State must—
(a)
if that person is not already a member of the Agency, appoint him as
a member for the same term as the term of his appointment as chief
officer, and
15
(b)
if he is already such a member but his term of appointment as such
ends before the term of his appointment as chief officer ends, extend
his term of appointment as a member so that it ends at the same time
as the term of his appointment as chief officer.
Tenure of members of the Agency
20
3     (1)
A person holds and vacates office as a member or as chairman or chief officer
of the Agency in accordance with the terms of his appointment and, on
ceasing to be a member, is eligible for re-appointment.
      (2)
A person may at any time by notice in writing to the Secretary of State resign
his office as a member or as chairman of the Agency.
25
4
If the Secretary of State is satisfied that a member of the Agency—
(a)
has been absent from meetings of the Agency for a period longer
than six consecutive months without the permission of the Agency,
or
(b)
is unable or unfit to discharge the functions of a member,
30

the Secretary of State may by notice in writing to the member remove him
from office and thereupon the office becomes vacant.
Salaries, allowances and pensions
5     (1)
The Agency—
(a)
must pay to their members such salaries or fees, and such travelling,
35
subsistence and other allowances, as the Secretary of State may
determine, and
(b)
must, as regards any member in whose case the Secretary of State
may so determine, pay or make provision for the payment of such
sums by way of pension, allowances and gratuities to or in respect of
40
him as the Secretary of State may determine.
      (2)
If a person ceases to be a member of the Agency and it appears to the
Secretary of State that there are special circumstances which make it right
that he should receive compensation, the Secretary of State may direct the