House of Lords portcullis
House of Lords
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]


Education Bill [HL]
Schedule 18 — Further amendments related to provisions of Part 4

141

 

Schedule 18

Section 113

 

Further amendments related to provisions of Part 4

Children Act 1989 (c. 41)

1          

In section 36 of the Children Act 1989 (education supervision orders), in

subsection (5) for paragraph (b) substitute—

5

“(b)   

is not attending regularly within the meaning of section 444

of that Act—

(i)   

a school at which he is a registered pupil,

(ii)   

any place at which education is provided for him in

the circumstances mentioned in subsection (1) of

10

section 444ZA of that Act, or

(iii)   

any place which he is required to attend in the

circumstances mentioned in subsection (2) of that

section,”.

Education Act 1996 (c. 56)

15

2          

In section 317 of the Education Act 1996 (duties of governing body or LEA

in relation to pupils with special educational needs), for subsections (5) to

(7A) substitute—

“(5)   

The governing body of a community, foundation or voluntary

school, a maintained nursery school, or a community or foundation

20

special school shall—

(a)   

in the case of a school in England, prepare a report containing

special needs information, and

(b)   

in the case of a school in Wales, include special needs

information in the report prepared under section 30(1) of the

25

Education Act 2002 (governors’ report).

(6)   

In subsection (5) “special needs information” means—

(a)   

such information as may be prescribed about the

implementation of the governing body’s policy for pupils

with special educational needs, and

30

(b)   

information as to—

(i)   

the arrangements for the admission of disabled

persons as pupils at the school,

(ii)   

the steps taken to prevent disabled pupils from being

treated less favourably than other pupils,

35

(iii)   

the facilities provided to assist access to the school by

disabled pupils, and

(iv)   

the plan prepared by the governing body under

section 28D of the Disability Discrimination Act 1995

(“the 1995 Act”).

40

(6A)   

In subsection (6)(b) “disabled person” means a person who is a

disabled person for the purposes of the 1995 Act; and section 28Q of

the 1995 Act (interpretation) applies for the purposes of subsection

(6)(b) as it applies for the purposes of Chapter 1 of Part 4 of that Act.”

3          

In section 444A of the Education Act 1996 (penalty notice in respect of failure

45

 

 

Education Bill [HL]
Schedule 18 — Further amendments related to provisions of Part 4

142

 

to secure attendance at school of registered pupil), in subsection (1), for

paragraph (b) substitute—

“(b)   

that the offence relates—

(i)   

to a relevant school in England,

(ii)   

in a case falling within subsection (1) of section

5

444ZA, to a place at which education is provided by a

local education authority in England, or

(iii)   

in a case falling within subsection (2) of that section,

to a place at which a child is required to attend by the

appropriate authority (within the meaning of that

10

section) for a relevant school in England,”.

4          

The references in section 23(9) and (10) of the Anti-social Behaviour Act 2003

(c. 38) to section 444A of the Education Act 1996 are to be read as references

to that section as amended by paragraph 3 of this Schedule.

5     (1)  

Section 494 of the Education Act 1996 (recoupment: excluded pupils) is

15

amended as follows.

      (2)  

In subsections (1), (2) and (3), for “financial year” substitute “funding

period”.

      (3)  

After subsection (5) insert—

“(6)   

In this section “funding period” has the meaning given by section

20

45(1B) of the School Standards and Framework Act 1998.”

6          

In section 566 of the Education Act 1996 (evidence: documents), after

subsection (2) insert—

“(3)   

Where a child of compulsory school age is required to attend at—

(a)   

any place at which education is provided for him in the

25

circumstances mentioned in subsection (1) of section 444ZA,

or

(b)   

any place in the circumstances mentioned in subsection (2) of

that section,

   

subsection (1)(c) has effect as if the place in question were a school

30

and the person in charge of the provision of education or training at

that place were its head teacher (and subsection (2) has effect

accordingly).”

School Standards and Framework Act 1998 (c. 31)

7          

In section 48 of the School Standards and Framework Act 1998 (LEAs’

35

financial schemes) in subsection (2)(a) for “financial year” substitute

“funding period”.

8          

In section 50 of the School Standards and Framework Act 1998 (effect of

financial delegation) in subsection (1)—

(a)   

for “financial year” substitute “funding period”,

40

(b)   

for “that year” substitute “that period”, and

(c)   

in paragraphs (a) and (b) for “year”, wherever occurring, substitute

“period”.

 

 

Education Bill [HL]
Schedule 18 — Further amendments related to provisions of Part 4

143

 

9          

In section 51A of the School Standards and Framework Act 1998

(expenditure incurred for community purposes) in subsection (2) for

“financial year” substitute “funding period”.

10    (1)  

Section 52 of the School Standards and Framework Act 1998 (financial

statements) is amended as follows.

5

      (2)  

In subsection (1)—

(a)   

for “financial year” substitute “funding period”, and

(b)   

for “that year” substitute “that period”.

      (3)  

In subsection (2)—

(a)   

for “financial year” substitute “funding period”, and

10

(b)   

in paragraphs (a) to (d), for “year” substitute “period”.

11    (1)  

In Schedule 15 to the School Standards and Framework Act 1998

(suspension of financial delegation), paragraph 2 is amended as follows.

      (2)  

In sub-paragraph (1)(a)—

(a)   

for “financial year” substitute “funding period”, and

15

(b)   

for “that year” substitute “that period”.

      (3)  

In sub-paragraph (3), for “financial year”, in both places where it occurs,

substitute “funding period”.

Learning and Skills Act 2000 (c. 21)

12    (1)  

Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms:

20

England) is amended as follows.

      (2)  

In subsection (1)(a), for “financial year” substitute “funding period”.

      (3)  

For subsection (3) substitute—

“(3)   

In this section—

“funding period” means a financial year or, if some other period

25

is prescribed in relation to England under subsection (1B) of

section 45 of the School Standards and Framework Act 1998

(maintained schools to have budget shares), that other

period;

“schools budget” has the same meaning as in Part 2 of that Act

30

(framework for maintained schools).”

13    (1)  

Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms:

Wales) is amended as follows.

      (2)  

In subsection (1)(a), for “financial year” substitute “funding period”.

      (3)  

For subsection (3) substitute—

35

“(3)   

In this section—

“funding period” means a financial year or, if some other period

is prescribed in relation to Wales under subsection (1B) of

section 45 of the School Standards and Framework Act 1998

(maintained schools to have budget shares), that other

40

period;

“schools budget” has the same meaning as in Part 2 of that Act

(framework for maintained schools).”

 

 

Education Bill [HL]
Schedule 19 — Repeals
Part 1 — School inspections

144

 

Education Act 2002 (c. 32)

14    (1)  

Section 37 of the 2002 Act (payments in respect of dismissal etc.) is amended

as follows.

      (2)  

In subsection (4), for “financial years” substitute “funding periods”.

      (3)  

In subsections (5) and (8), for “financial year” substitute “funding period”.

5

      (4)  

For subsection (12) substitute—

“(12)   

In this section—

“community purposes” means the purposes of the provision of

facilities or services under section 27;

“funding period” has the meaning given by section 45(1B) of the

10

School Standards and Framework Act 1998.”

Anti-social Behaviour Act 2003 (c. 38)

15         

In section 19 of the Anti-social Behaviour Act 2003 (parenting contracts in

cases of exclusion from school or truancy), in subsection (2), for the words

from “a relevant” to the end substitute—

15

“(a)   

a relevant school at which he is a registered pupil,

(b)   

any place at which education is provided for him in the

circumstances mentioned in subsection (1) of section 444ZA

of the Education Act 1996, and

(c)   

any place at which he is required to attend in the

20

circumstances mentioned in subsection (2) of that section.”

Schedule 19

Section 119

 

Repeals

Part 1

School inspections

25

 

Short title and chapter

Extent of repeal

 
 

Children Act 1989 (c. 41)

Section 79P.

 
  

In section 79Q—

 
  

  in subsection (2), the words “or secure the

 
  

inspection by a registered inspector of”,

 

30

  

  in subsection (3), the words “or secure the

 
  

inspection by a registered inspector of”,

 
  

  subsection (4), and

 
  

  subsection (7).

 
  

Section 79R(1) and (2).

 

35

  

In section 79T(2)(a), the words “the quality and

 
  

standards of”.

 
 

Education Act 1996 (c. 56)

In section 578(1), the words “the School

 
  

Inspections Act 1996”.

 
 

School Inspections Act 1996

The whole Act.

 

40

 

(c. 57)

  
 

 

Education Bill [HL]
Schedule 19 — Repeals
Part 2 — School organisation

145

 
 

Short title and chapter

Extent of repeal

 
 

Education Act 1997 (c. 44)

Section 42.

 
  

Schedule 6.

 
 

Teaching and Higher Education

Sections 35 and 35A.

 
 

Act 1998 (c. 30)

  

5

 

School Standards and

Section 15(5).

 
 

Framework Act 1998 (c. 31)

Section 127(6)(l).

 
  

Section 134(1).

 
  

Section 135.

 
  

In Schedule 26—

 

10

  

  paragraph 2(4),

 
  

  in paragraph 8, in sub-paragraph (1), the

 
  

words from the beginning to “England, and”

 
  

and in sub-paragraph (5) the words “England

 
  

and”,

 

15

  

  paragraph 9(5),

 
  

  paragraph 10(1A).

 
  

Part 1 of Schedule 28.

 
  

In Schedule 30, paragraphs 190 to 206.

 
 

Learning and Skills Act 2000

Section 81.

 

20

 

(c. 21)

In Schedule 7, paragraphs 9 and 14.

 
  

In Schedule 9, paragraphs 65 to 68.

 
 

Education Act 2002 (c. 32)

Section 54.

 
  

Section 56(2).

 
  

In section 171, the definition of “registered

 

25

  

inspector”.

 
  

Section 179.

 
  

Section 188.

 
  

In Schedule 7, paragraph 7.

 
  

Schedule 16.

 

30

  

In Schedule 21, paragraph 59 to 68.

 
 

Part 2

School organisation

 

Short title and chapter

Extent of repeal

 
 

School Standards and

In section 28, subsection (1A), in subsection (2)

 

35

 

Framework Act 1998 (c. 31)

the words “(otherwise than pursuant to a

 
  

notice under section 70 of the Education Act

 
  

2002)”, and subsection (4).

 
  

In Schedule 6, paragraph 4(3)(d).

 
  

In Schedule 7—

 

40

  

  paragraph 2(5);

 
  

  paragraph 3(5);

 
  

  in paragraph 4, sub-paragraphs (1) to (6), in

 
  

sub-paragraph (7), the words “(whether

 
  

relating to an area in England or in Wales)”,

 

45

  

and in sub-paragraph (9)(b) the words

 
  

“approved or”, “8, 9 or” and “10(b) or”;

 
  

  paragraph 5(3);

 
  

  paragraphs 6 to 10; and

 
  

  paragraph 16.

 

50

  

In Schedule 30, paragraphs 59 and 145(a).

 
 

 

Education Bill [HL]
Schedule 19 — Repeals
Part 3 — Training the school workforce

146

 
 

Short title and chapter

Extent of repeal

 
 

Education Act 2002 (c. 32)

Sections 70 and 71.

 
  

Section 74.

 
  

In Schedule 8, paragraphs 1 to 8 and 9(1).

 
  

In Schedule 21, paragraph 97.

 

5

 

Part 3

Training the school workforce

 

Short title and chapter

Extent of repeal

 
 

Public Records Act 1958 (c. 51)

In Schedule 1, in Part 2 of the Table at the end of

 
  

paragraph 3, the entry relating to the Teacher

 

10

  

Training Agency.

 
 

Parliamentary Commissioner

In Schedule 2, the entry relating to the Teacher

 
 

Act 1967 (c. 13)

Training Agency.

 
 

House of Commons

In Schedule 1, in Part 3, the entry “Any member

 
 

Disqualification Act 1975

of the Teacher Training Agency in receipt of

 

15

 

(c. 24)

remuneration”.

 
 

Education (No. 2) Act 1986 (c.

Section 50.

 
 

61)

  
 

Education Act 1994 (c. 30)

Sections 1 to 11.

 
  

Sections 12 to 17.

 

20

  

Section 19(1) to (4).

 
  

In section 23, in subsections (1) and (2), the

 
  

words “Part I or” and subsection (3).

 
  

Schedule 1.

 
  

In Schedule 2, paragraphs 1, 3 and 4.

 

25

 

Education Act 1996 (c. 56)

In Schedule 37, paragraph 65.

 
 

Teaching and Higher Education

Section 20.

 
 

Act 1998 (c. 30)

  
 

School Standards and

In Schedule 30, paragraph 54.

 
 

Framework Act 1998 (c. 31)

  

30

 

Learning and Skills Act 2000

In Schedule 9, paragraph 48.

 
 

(c. 21)

  
 

Freedom of Information Act

In Schedule 1, the entry relating to the Teacher

 
 

2000 (c. 36)

Training Agency.

 
 

Special Educational Needs and

Section 40(2).

 

35

 

Disability Act 2001 (c. 10)

  
 

Education Act 2002 (c. 32)

In Schedule 21, paragraph 25.

 
 

Higher Education Act 2004

In section 48, the definition of “the 1994 Act”.

 
 

(c. 8)

  
 

 

Education Bill [HL]
Schedule 19 — Repeals
Part 4 — Repeals relating to Part 4

147

 

Part 4

Repeals relating to Part 4

 

Short title and chapter

Extent of repeal

 
 

School Standards and

Section 45A(5) and (6).

 
 

Framework Act 1998 (c. 31)

  

5

 

Special Educational Needs and

Section 14(2).

 
 

Disability Act 2001 (c. 10)

In Schedule 8, paragraph 5.

 
 

Education Act 2002 (c. 32)

Section 41(2).

 
  

Section 42.

 
  

In Schedule 21, paragraphs 39(5), 124(3) and

 

10

  

125(3).

 
 

Local Government Act 2003

In Schedule 7, paragraph 66.

 
 

(c. 26)

  
 

 

 
previous section contents
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2004
Revised 1 December 2004