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Education and Inspections Bill


122

Education and Inspections Bill
Schedule 1 — Amendments related to section 6

 

Schedules

Schedule 1

Section 6

 

Amendments related to section 6

Disability Discrimination Act 1995 (c. 50)

1     (1)  

In paragraph 1 of Schedule 4C to the Disability Discrimination Act 1995

5

(modifications of Chapter 2 of Part 4 of the Act where further education etc.

is provided by an LEA), the substituted section 28R is amended as follows.

      (2)  

For subsection (12) substitute—

“(12)   

“Recreational or training facilities” means—

(a)   

in the case of a local education authority in England, any

10

facilities secured by the authority under section 507A or 507B

of the Education Act 1996 (functions of LEAs in England in

respect of recreation etc), and

(b)   

in the case of a local education authority in Wales, any

facilities secured by the authority under subsection (1), or

15

provided by them under subsection (1A), of section 508 of

that Act (functions of LEAs in Wales in respect of recreation

and social and physical training).”

Education Act 1996 (c. 56)

2          

EA 1996 is amended as follows.

20

3          

In section 312 (meaning of “special educational needs”), in subsection (2),

after “or 15B” insert “or section 507B”.

4          

In section 508 (functions in respect of facilities for recreation etc.)—

(a)   

in subsections (1) and (1A), after “local education authority” insert

“in Wales”, and

25

(b)   

in the heading, for “Functions” substitute “LEAs in Wales:

functions”.

5          

In section 510 (provision of clothing), in subsection (4)(c), for “made

available for them by the authority under section 508(2)” substitute “secured

by the authority under section 507A or 507B (if the authority are in England)

30

or made available by the authority for such persons under section 508(2) (if

the authority are in Wales)”.

6          

In section 547 (nuisance or disturbance on school premises), in subsection

(2A)(a), for “section 508” substitute “section 507A or 507B (if the authority

are in England) or section 508 (if the authority are in Wales)”.

35

 

 

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 1 — Introductory

123

 

Schedule 2

Sections 7, 10, 11 and 15

 

Proposals for establishment or discontinuance of schools in England

Part 1

Introductory

Application of Schedule

5

1     (1)  

This Schedule applies to proposals published under section 7, 10, 11 or 15.

      (2)  

Accordingly, in this Schedule, unless a contrary intention appears,

“proposals” means proposals published under any of those sections.

“The relevant authority”

2          

In this Schedule “the relevant authority” means—

10

(a)   

in the case of proposals under section 7, the local education authority

who published the notice under that section, and

(b)   

in the case of proposals under section 10, 11 or 15, the local education

authority who maintain the school or (in the case of a new school)

who it is proposed should maintain the school.

15

“Proposers”

3          

In this Schedule “proposers”, in relation to any proposals, means the persons

who made the proposals, but does not include a local education authority.

References to persons by whom proposals are made

4          

For the purposes of this Schedule—

20

(a)   

proposals under section 7 are to be taken to be made by the person

who submitted them to the relevant authority under subsection

(4)(b) of that section, or in the case of proposals published by the

relevant authority under subsection (5)(b) of that section, by the

relevant authority, and

25

(b)   

proposals under section 10, 11 or 15 are to be taken to be made by the

persons who published them.

Objections and comments

5          

Regulations may make provision—

(a)   

for the making of objections or comments in relation to the proposals

30

within a prescribed period to the relevant authority, and

(b)   

requiring the relevant authority, in any case where proposals are

referred to the adjudicator, to forward to the adjudicator objections

or comments made in relation to the proposals in accordance with

the regulations.

35

 

 

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 2 — Consideration of proposals by local education authority or adjudicator

124

 

Part 2

Consideration of proposals by local education authority or adjudicator

Proposals requiring consideration under paragraph 8

6          

All proposals under section 7, 10 or 11 require consideration under

paragraph 8.

5

7     (1)  

Proposals under section 15 require consideration under paragraph 8 unless

sub-paragraph (2) applies.

      (2)  

Proposals under section 15 fall to be dealt with under paragraph 19 (and do

not require consideration under paragraph 8) if the proposals were made by

the relevant authority and either—

10

(a)   

no objections were made in relation to the relevant proposals in

accordance with regulations under paragraph 5, or

(b)   

all objections so made were withdrawn in writing within the period

prescribed as that within which any objections must be made.

Consideration of proposals

15

8     (1)  

Proposals which require consideration under this paragraph, other than

proposals to which paragraph 10 applies, must be considered in the first

instance by the relevant authority.

      (2)  

Sub-paragraphs (3) and (4) apply in relation to the relevant authority unless

the authority is required by any of paragraphs 10 to 13 and 15 to refer the

20

proposals to the adjudicator.

      (3)  

In a case where the proposals were published under section 7 and two or

more sets of proposals were published, the authority may—

(a)   

reject all the proposals,

(b)   

approve any of the proposals without modification, or

25

(c)   

approve any of the proposals with such modifications as the

authority think desirable, after consulting such persons as may be

prescribed.

      (4)  

In any other case, the authority may—

(a)   

reject the proposals,

30

(b)   

approve the proposals without modification, or

(c)   

approve the proposals with such modifications as the authority think

desirable, after consulting such persons as may be prescribed.

      (5)  

Any approval given under this paragraph may be expressed to take effect

only if an event specified in the approval occurs by a date so specified; and

35

regulations may prescribe the events that may be so specified.

      (6)  

When deciding whether or not to give any approval under this paragraph,

the relevant authority must have regard to any guidance given from time to

time by the Secretary of State.

Consideration of proposals that are related to other proposals

40

9     (1)  

The requirement to consider proposals under paragraph 8 only applies if, at

the time when the proposals fall to be considered, the relevant authority are

 

 

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 2 — Consideration of proposals by local education authority or adjudicator

125

 

satisfied that the proposals do not relate to any proposals under section

113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined

by the Secretary of State but have not yet been determined by him.

      (2)  

Where proposals under section 7, 10, 11 or 15 appear to the relevant

authority to be related to—

5

(a)   

other proposals published under any of those sections and not yet

determined, or

(b)   

proposals published under Schedule 7 to the Learning and Skills Act

2000 (c. 21) and not yet determined,

           

the authority must consider the proposals together.

10

      (3)  

In deciding for the purposes of this paragraph whether proposals are related

to other proposals, the relevant authority must have regard to any guidance

given from time to time by the Secretary of State.

Duty to refer to adjudicator certain proposals made by or involving relevant authority

10    (1)  

The relevant authority must refer to the adjudicator, within a prescribed

15

time—

(a)   

all the proposals published under section 7 in response to a notice

under that section, if they consist of or include any proposals

which—

(i)   

are made by the relevant authority, or

20

(ii)   

relate to the establishment of a foundation school with a

foundation falling within sub-paragraph (2);

(b)   

any proposals under section 10 or 11 which—

(i)   

are made by the relevant authority, or

(ii)   

relate to the establishment of a foundation school with a

25

foundation falling within sub-paragraph (2).

      (2)  

A foundation falls within this sub-paragraph if it is to be established

otherwise than under SSFA 1998 and any of the following applies—

(a)   

the relevant authority or any person appointed by the relevant

authority is to be a member of the foundation,

30

(b)   

any person appointed by the relevant authority is to be a charity

trustee (within the meaning of the Charities Act 1993 (c. 10)) of the

foundation, or

(c)   

any voting rights in the foundation are to be exercisable by the

relevant authority or persons appointed by the relevant authority.

35

      (3)  

Regulations may make provision for the making by the relevant authority to

the adjudicator of objections to any proposals which are required to be

referred to the adjudicator under this paragraph.

Duty to refer proposals to adjudicator in prescribed cases

11         

Regulations may make provision requiring the relevant authority in

40

prescribed cases to refer to the adjudicator within a prescribed time

proposals requiring consideration under paragraph 8 (or in the case of

proposals under section 7 all the proposals requiring consideration under

that paragraph), together with any comments made on the proposals (or in

the case of proposals under section 7, any of the proposals) by the authority.

45

 

 

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 2 — Consideration of proposals by local education authority or adjudicator

126

 

Duty to refer proposals to adjudicator in pursuance of direction by Secretary of State

12    (1)  

The Secretary of State may at any time give a direction to a local education

authority requiring them to refer to the adjudicator by a specified time—

(a)   

any proposals which have been published by the authority under

section 7 but which, at the time when the direction is given, have not

5

been determined by the authority, and

(b)   

all subsequent proposals published by the authority under that

section until the direction is revoked,

           

together with any comments made on any of the proposals by the authority.

      (2)  

Where a direction under sub-paragraph (1) is given to a local education

10

authority at a time when the authority are considering proposals which

consist of or include proposals published under section 7 to establish an

Academy, the authority must complete any consultation required by

paragraph 18 before referring the proposals to the adjudicator.

      (3)  

References in this paragraph to the determination of any proposals are

15

references to—

(a)   

a determination whether or not to approve the proposals under

paragraph 8, or

(b)   

where by virtue of paragraph 7(2) the proposals fall to be dealt with

under paragraph 19, a determination under paragraph 19 whether or

20

not to implement the proposals.

Duty to refer proposals to adjudicator where determination delayed

13         

If by the end of such period as may be prescribed the relevant authority have

not determined whether to give any approval under paragraph 8(3) or (4),

they must within a prescribed time refer to the adjudicator—

25

(a)   

in the case mentioned in paragraph 8(3), all the proposals published

under section 7, and

(b)   

in the case mentioned in paragraph 8(4), the proposals concerned,

           

together with any comments made on the proposals by the authority.

Reference to adjudicator at request of aggrieved person after determination under paragraph

30

8(4)

14    (1)  

The relevant authority must if so requested within a prescribed time by any

relevant person refer to the adjudicator within a prescribed time any

proposals under section 10, 11 or 15 which the relevant authority have

determined under paragraph 8(4), together with any reasons given by the

35

authority for their determination.

      (2)  

The following are relevant persons for the purposes of sub-paragraph (1)—

(a)   

the Diocesan Board of Education for any diocese of the Church of

England any part of which is comprised in the area of the relevant

authority;

40

(b)   

the bishop of any diocese of the Roman Catholic Church any part of

which is comprised in the area of the relevant authority;

(c)   

in the case of proposals made under section 10 or 11 by a person

other than the relevant authority and rejected by the authority under

paragraph 8(4)(a), the proposers;

45

 

 

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 2 — Consideration of proposals by local education authority or adjudicator

127

 

(d)   

in the case of proposals published under section 15, the governing

body or trustees of any foundation, voluntary or foundation special

school which is the subject of the proposals;

(e)   

where the proposals relate to a school or proposed school providing

education for persons aged 14 years or over, the Learning and Skills

5

Council for England.

Duty to refer related proposals

15         

Where the relevant authority are required under any of paragraphs 10 to 14

or under Schedule 7 to the Learning and Skills Act 2000 to refer any

proposals (“the relevant proposals”) to the adjudicator, the authority must

10

also within a prescribed time refer to the adjudicator—

(a)   

any other proposals under section 7, 10, 11 or 15 which relate to the

area of the relevant authority and which by virtue of paragraph 9(2)

fall to be considered with the relevant proposals, and

(b)   

where the relevant proposals are referred to the adjudicator by virtue

15

of paragraph 14, any other proposals under section 10, 11 or 15 which

by virtue of paragraph 9(2) were determined by the relevant

authority with the relevant proposals.

Withdrawal of proposals before determination

16    (1)  

Nothing in paragraph 8(1) to (4) prevents the proposers by whom any

20

proposals have been made from withdrawing those proposals by notice in

writing—

(a)   

to the relevant authority, and

(b)   

in a case where the proposals have been referred to the adjudicator,

also to the adjudicator,

25

           

at any time before the proposals are determined under paragraph 8 by the

authority or by the adjudicator.

      (2)  

Nothing in paragraph 8(1) to (4) prevents the relevant authority from

withdrawing any proposals made by the authority themselves by notice in

writing to the adjudicator at any time before the proposals are determined

30

under paragraph 8 by the adjudicator.

Effect of referring proposals to adjudicator

17    (1)  

Where any proposals are referred to the adjudicator under any provision of

this Part of this Schedule—

(a)   

he must consider the proposals or, in a case where the proposals

35

have previously been determined by the relevant authority, must

consider them afresh,

(b)   

the following provisions of paragraph 8 apply to him in connection

with his decision on the proposals as they apply to the relevant

authority—

40

(i)   

sub-paragraph (3) or (4) (as the case requires), and

(ii)   

sub-paragraphs (5) and (6), and

(c)   

paragraph 9 applies to him as it applies to the relevant authority.

      (2)  

The revocation of a direction under paragraph 12(1) does not affect the

determination by the adjudicator of any proposals referred to him before the

45

revocation.

 

 

Education and Inspections Bill
Schedule 2 — Proposals for establishment or discontinuance of schools in England
Part 2 — Consideration of proposals by local education authority or adjudicator

128

 

Proposals to establish Academy

18    (1)  

Regulations may provide that, where proposals published under section 7

consist of or include proposals to establish an Academy, the relevant

authority must within the prescribed period consult the Secretary of State in

accordance with regulations, before taking any decision under paragraph 8.

5

      (2)  

The relevant authority may not approve under paragraph 8 proposals to

establish an Academy unless the Secretary of State, on being consulted

under sub-paragraph (1), has indicated in accordance with regulations that,

if the proposals were approved, he would be willing to commence

negotiations with a view to entering into an agreement under section 482 of

10

EA 1996 for the establishment of an Academy.

      (3)  

If—

(a)   

the proposals have been referred to the adjudicator under paragraph

10, 11, 12, 13 or 15, or

(b)   

a direction under paragraph 12(1) is in force in relation to the

15

relevant authority and the case does not fall within paragraph 12(2),

           

the reference in sub-paragraph (1) to the authority is to be read as a reference

to the adjudicator.

      (4)  

Sub-paragraph (2) has effect in relation to a decision of an adjudicator under

paragraph 8 as it has effect in relation to a decision of the relevant authority

20

under that paragraph.

      (5)  

Approval under paragraph 8 by the relevant authority or the adjudicator 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 EA 1996.

Determination whether to implement proposals not requiring consideration under paragraph 8

25

19    (1)  

Where any proposals have been made under section 15 by the relevant

authority and paragraph 7 does not require the proposals to be considered

under paragraph 8, the authority must (subject to the following provisions

of this paragraph) determine whether the proposals should be implemented.

      (2)  

Any determination under sub-paragraph (1) must be made within a

30

prescribed period.

      (3)  

The requirement to make a determination under sub-paragraph (1) only

applies if, at the time when the proposals fall to be considered, the relevant

authority are satisfied that the proposals do not relate to any proposals

under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to

35

be determined by the Secretary of State but have not yet been determined by

him.

      (4)  

The requirement to make a determination under sub-paragraph (1) does not

apply where the proposals appear to the relevant authority to be related to—

(a)   

other proposals published under section 15 and not yet determined,

40

(b)   

proposals published under section 7, 10 or 11 and not yet

determined, or

(c)   

proposals published under Schedule 7 to the Learning and Skills Act

2000 and not yet determined.

 

 

 
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