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Further amendments related to provisions of Part 4 |
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Children Act 1989 (c. 41) |
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1 | In section 36 of the Children Act 1989 (education supervision orders), in |
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subsection (5) for paragraph (b) substitute— |
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“(b) | is not attending regularly within the meaning of section 444 |
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(i) | a school at which he is a registered pupil, |
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(ii) | any place at which education is provided for him in |
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the circumstances mentioned in subsection (1) of |
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section 444ZA of that Act, or |
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(iii) | any place which he is required to attend in the |
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circumstances mentioned in subsection (2) of that |
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Education Act 1996 (c. 56) |
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2 | In section 317 of the Education Act 1996 (duties of governing body or LEA |
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in relation to pupils with special educational needs), for subsections (5) to |
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“(5) | The governing body of a community, foundation or voluntary |
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school, a maintained nursery school, or a community or foundation |
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(a) | in the case of a school in England, prepare a report containing |
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special needs information, and |
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(b) | in the case of a school in Wales, include special needs |
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information in the report prepared under section 30(1) of the |
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Education Act 2002 (governors’ report). |
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(6) | In subsection (5) “special needs information” means— |
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(a) | such information as may be prescribed about the |
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implementation of the governing body’s policy for pupils |
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with special educational needs, and |
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(i) | the arrangements for the admission of disabled |
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persons as pupils at the school, |
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(ii) | the steps taken to prevent disabled pupils from being |
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treated less favourably than other pupils, |
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(iii) | the facilities provided to assist access to the school by |
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(iv) | the plan prepared by the governing body under |
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section 28D of the Disability Discrimination Act 1995 |
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(6A) | In subsection (6)(b) “disabled person” means a person who is a |
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disabled person for the purposes of the 1995 Act; and section 28Q of |
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the 1995 Act (interpretation) applies for the purposes of subsection |
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(6)(b) as it applies for the purposes of Chapter 1 of Part 4 of that Act.” |
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3 | In section 444A of the Education Act 1996 (penalty notice in respect of failure |
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to secure attendance at school of registered pupil), in subsection (1), for |
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paragraph (b) substitute— |
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“(b) | that the offence relates— |
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(i) | to a relevant school in England, |
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(ii) | in a case falling within subsection (1) of section |
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444ZA, to a place at which education is provided by a |
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local education authority in England, or |
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(iii) | in a case falling within subsection (2) of that section, |
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to a place at which a child is required to attend by the |
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appropriate authority (within the meaning of that |
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section) for a relevant school in England,”. |
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4 | The references in section 23(9) and (10) of the Anti-social Behaviour Act 2003 |
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(c. 38) to section 444A of the Education Act 1996 are to be read as references |
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to that section as amended by paragraph 3 of this Schedule. |
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5 (1) | Section 494 of the Education Act 1996 (recoupment: excluded pupils) is |
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(2) | In subsections (1), (2) and (3), for “financial year” substitute “funding |
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(3) | After subsection (5) insert— |
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“(6) | In this section “funding period” has the meaning given by section |
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45(1B) of the School Standards and Framework Act 1998.” |
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6 | In section 566 of the Education Act 1996 (evidence: documents), after |
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“(3) | Where a child of compulsory school age is required to attend at— |
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(a) | any place at which education is provided for him in the |
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circumstances mentioned in subsection (1) of section 444ZA, |
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(b) | any place in the circumstances mentioned in subsection (2) of |
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| subsection (1)(c) has effect as if the place in question were a school |
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and the person in charge of the provision of education or training at |
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that place were its head teacher (and subsection (2) has effect |
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School Standards and Framework Act 1998 (c. 31) |
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7 | In section 48 of the School Standards and Framework Act 1998 (LEAs’ |
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financial schemes) in subsection (2)(a) for “financial year” substitute |
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8 | In section 50 of the School Standards and Framework Act 1998 (effect of |
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financial delegation) in subsection (1)— |
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(a) | for “financial year” substitute “funding period”, |
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(b) | for “that year” substitute “that period”, and |
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(c) | in paragraphs (a) and (b) for “year”, wherever occurring, substitute |
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9 | In section 51A of the School Standards and Framework Act 1998 |
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(expenditure incurred for community purposes) in subsection (2) for |
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“financial year” substitute “funding period”. |
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10 (1) | Section 52 of the School Standards and Framework Act 1998 (financial |
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statements) is amended as follows. |
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(a) | for “financial year” substitute “funding period”, and |
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(b) | for “that year” substitute “that period”. |
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(a) | for “financial year” substitute “funding period”, and |
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(b) | in paragraphs (a) to (d), for “year” substitute “period”. |
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11 (1) | In Schedule 15 to the School Standards and Framework Act 1998 |
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(suspension of financial delegation), paragraph 2 is amended as follows. |
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(2) | In sub-paragraph (1)(a)— |
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(a) | for “financial year” substitute “funding period”, and |
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(b) | for “that year” substitute “that period”. |
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(3) | In sub-paragraph (3), for “financial year”, in both places where it occurs, |
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substitute “funding period”. |
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Learning and Skills Act 2000 (c. 21) |
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12 (1) | Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms: |
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England) is amended as follows. |
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(2) | In subsection (1)(a), for “financial year” substitute “funding period”. |
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(3) | For subsection (3) substitute— |
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“funding period” means a financial year or, if some other period |
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is prescribed in relation to England under subsection (1B) of |
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section 45 of the School Standards and Framework Act 1998 |
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(maintained schools to have budget shares), that other |
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“schools budget” has the same meaning as in Part 2 of that Act |
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(framework for maintained schools).” |
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13 (1) | Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms: |
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Wales) is amended as follows. |
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(2) | In subsection (1)(a), for “financial year” substitute “funding period”. |
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(3) | For subsection (3) substitute— |
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“funding period” means a financial year or, if some other period |
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is prescribed in relation to Wales under subsection (1B) of |
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section 45 of the School Standards and Framework Act 1998 |
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(maintained schools to have budget shares), that other |
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“schools budget” has the same meaning as in Part 2 of that Act |
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(framework for maintained schools).” |
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Education Act 2002 (c. 32) |
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14 (1) | Section 37 of the 2002 Act (payments in respect of dismissal etc.) is amended |
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(2) | In subsection (4), for “financial years” substitute “funding periods”. |
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(3) | In subsections (5) and (8), for “financial year” substitute “funding period”. |
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(4) | For subsection (12) substitute— |
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“community purposes” means the purposes of the provision of |
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facilities or services under section 27; |
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“funding period” has the meaning given by section 45(1B) of the |
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School Standards and Framework Act 1998.” |
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Anti-social Behaviour Act 2003 (c. 38) |
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15 | In section 19 of the Anti-social Behaviour Act 2003 (parenting contracts in |
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cases of exclusion from school or truancy), in subsection (2), for the words |
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from “a relevant” to the end substitute— |
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“(a) | a relevant school at which he is a registered pupil, |
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(b) | any place at which education is provided for him in the |
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circumstances mentioned in subsection (1) of section 444ZA |
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of the Education Act 1996, and |
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(c) | any place at which he is required to attend in the |
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circumstances mentioned in subsection (2) of that section.” |
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| | | | | | Children Act 1989 (c. 41) |
| | | | | | | | | | | 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”, |
| | | | | | | | | | | | | | | | | 35 | | | In section 79T(2)(a), the words “the quality and |
| | | | | | | | | Education Act 1996 (c. 56) |
| In section 578(1), the words “the School |
| | | | | | | | | School Inspections Act 1996 |
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| | | | | | Education Act 1997 (c. 44) |
| | | | | | | | | | Teaching and Higher Education |
| | | | | | | | 5 | | | | | | | Framework Act 1998 (c. 31) |
| | | | | | | | | | | | | | | | | | 10 | | | | | | | | in paragraph 8, in sub-paragraph (1), the |
| | | | | words from the beginning to “England, and” |
| | | | | and in sub-paragraph (5) the words “England |
| | | | | | | 15 | | | | | | | | | | | | | | | | | | In Schedule 30, paragraphs 190 to 206. |
| | | | Learning and Skills Act 2000 |
| | | 20 | | | In Schedule 7, paragraphs 9 and 14. |
| | | | | In Schedule 9, paragraphs 65 to 68. |
| | | | Education Act 2002 (c. 32) |
| | | | | | | | | | | In section 171, the definition of “registered |
| | 25 | | | | | | | | | | | | | | | | | | In Schedule 7, paragraph 7. |
| | | | | | | 30 | | | In Schedule 21, paragraph 59 to 68. |
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| | | | | | | 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). |
| | | | | | | 40 | | | | | | | | | | | | | 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”; |
| | | | | | | | | | | | | | | | | 50 | | | In Schedule 30, paragraphs 59 and 145(a). |
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| | | | | | Education Act 2002 (c. 32) |
| | | | | | | | | | | In Schedule 8, paragraphs 1 to 8 and 9(1). |
| | | | | In Schedule 21, paragraph 97. |
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Training the school workforce |
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| | | | | | 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 | | | | | | | Parliamentary Commissioner |
| In Schedule 2, the entry relating to the Teacher |
| | | | | | | | | | In Schedule 1, in Part 3, the entry “Any member |
| | | | Disqualification Act 1975 |
| of the Teacher Training Agency in receipt of |
| | 15 | | | | | | | Education (No. 2) Act 1986 (c. |
| | | | | | | | | | Education Act 1994 (c. 30) |
| | | | | | | | 20 | | | | | | | | In section 23, in subsections (1) and (2), the |
| | | | | words “Part I or” and subsection (3). |
| | | | | | | | | | In Schedule 2, paragraphs 1, 3 and 4. |
| | 25 | | Education Act 1996 (c. 56) |
| In Schedule 37, paragraph 65. |
| | | | Teaching and Higher Education |
| | | | | | | | | | | In Schedule 30, paragraph 54. |
| | | | Framework Act 1998 (c. 31) |
| | | 30 | | Learning and Skills Act 2000 |
| In Schedule 9, paragraph 48. |
| | | | | | | | | Freedom of Information Act |
| In Schedule 1, the entry relating to the Teacher |
| | | | | | | | | Special Educational Needs and |
| | | 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”. |
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