Education and Inspections Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
194

(c)
the body corporate has been removed under subsection (4)
of section 3 of the Charities Act 1993 from the register of
charities kept under that section, or
(d)
prescribed conditions relating to the ability of the body
corporate to pay its debts or to its continued existence as a
5
body corporate or as a charity are met,

the Secretary of State may make an order under this paragraph.
      (3)
Conditions may be prescribed under sub-paragraph (2)(d) by
reference to the opinion of the Secretary of State as to any
prescribed matter.
10
      (4)
An order under this paragraph is an order directing that any land
falling within paragraph A13(1)(b) or (2) held by the body
corporate on trust for one or more foundation or foundation
special schools to which section 23A applies is to be transferred to,
and by virtue of the order vest in—
15
(a)
the governing body of the school, or
(b)
where the land is held on trust for two or more schools,
such of the governing bodies of the schools as the Secretary
of State thinks proper.
      (5)
In a case where—
20
(a)
proposals to establish a new foundation or foundation
special school fall to be implemented under Schedule 2 to
the Education and Inspections Act 2006, and
(b)
the local education authority have before the school
opening date transferred land to be held on trust for the
25
school,

references in this paragraph to a foundation or foundation special
school include references to a proposed such school, references to
a governing body include references to a proposed governing
body and for the purpose of sub-paragraph (1) section 23A is to be
30
taken to apply to the proposed school if it would apply to the
school when it is established.
      (6)
In this paragraph—
“charity” has the same meaning as in the Charities Act 1993;
“foundation” means a foundation established otherwise than
35
under this Act.”
14
In paragraph 9(1)—
(a)
after “paragraph” insert “A5, A11, A17, A23,”, and
(b)
for “or 8(2)(b)” substitute “, 8(2)(b) or 8A”.
15    (1)
Paragraph 10 is amended as follows.
40
      (2)
In sub-paragraph (1) after paragraph (d) insert—
“(e)
“the appropriate authority” means—
(i)
in relation to a school in England, the Secretary of
State, and
(ii)
in relation to a school in Wales, the Assembly.”
45
      (3)
In sub-paragraph (3) after “paragraphs” insert “A1(1), A13(1), (2) or (3)(a),
A24 to A26,”.

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
195

      (4)
In sub-paragraph (4) after “paragraphs” insert “A1(1), A13(1),”.
      (5)
In sub-paragraph (5) for “paragraph 1(1)” substitute “paragraphs A1(1) and
1(1)”.
16    (1)
Paragraph 11 is amended as follows.
      (2)
For paragraph (a) of sub-paragraph (1) substitute—
5
“(a)
subject to sub-paragraph (7), “capital expenditure” means
expenditure of the governing body in question which falls
to be capitalised in accordance with proper accounting
practices;”.
      (3)
In paragraph (b) of that sub-paragraph for “that Order” substitute “the
10
Regulatory Reform (Voluntary Aided Schools Liabilities and Funding)
(England) Order 2002”.
      (4)
In sub-paragraph (4) for the words from “, either by agreement” to the end
substitute “—
(a)
by agreement between the authority and the relevant body, or
15
(b)
by the adjudicator where—
(i)
the authority or the relevant body refer the matter to him for
determination, and
(ii)
by the time of his determination, the matter has not been
determined by agreement between the authority and the
20
relevant body.”
      (5)
After sub-paragraph (4) insert—
   “(4A)
In determining whether to make a reference to the adjudicator
under sub-paragraph (4)(b), the authority or, as the case may be,
the relevant body, must have regard, in particular, to any
25
guidance given from time to time by the Secretary of State.
     (4B)
Before making a reference to the adjudicator under sub-paragraph
(4)(b), the authority or, as the case may be, the relevant body, must
give the other notice of their intention to make the reference.”
      (6)
In sub-paragraph (5)—
30
(a)
for “Secretary of State” substitute “adjudicator”, and
(b)
after “particular” insert “to any guidance given from time to time by
the Secretary of State and”.
      (7)
After sub-paragraph (5) insert—
   “(5A)
A determination made by the adjudicator on a reference made to
35
him under sub-paragraph (4)(b) may be varied or revoked by a
further determination made by him if—
(a)
the matter is referred to him by the local education
authority or the relevant body, and
(b)
before making the further determination, the adjudicator
40
consults such persons as he considers appropriate.
     (5B)
In determining whether to make a reference to the adjudicator
under sub-paragraph (5A)(a), the local education authority or the
relevant body must have regard, in particular, to any guidance
given from time to time by the Secretary of State.
45

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 2 — Amendments to section 77 of SSFA 1998
196

     (5C)
Sub-paragraph (5) applies in relation to the further determination
of any matter by the adjudicator, by virtue of sub-paragraph (5A),
as it applies in relation to the original determination of the matter.”
      (8)
After sub-paragraph (6) insert—
    “(7)
The Secretary of State may—
5
(a)
by regulations prescribe classes or descriptions of
expenditure which are to be treated for the purposes of this
paragraph as being, or as not being, capital expenditure of
any governing body or of any prescribed class or
description of governing body;
10
(b)
by direction provide that expenditure of a particular
governing body which is expenditure of a particular class
or description is to be treated for the purposes of this
paragraph as being, or as not being, capital expenditure of
that body.
15
      (8)
Directions under sub-paragraph (7)(b) may be expressed to have
effect in specified circumstances or subject to specified
conditions.”
17
After paragraph 11 insert—
“12   (1)
For the purposes of paragraph 11(1)(a), “proper accounting
20
practices”, in relation to a governing body, means those
accounting practices—
(a)
which, whether by virtue of any enactment or by reference
to any generally recognised published code or otherwise,
are regarded as proper accounting practices to be followed
25
in the keeping of accounts by the governing body, or
(b)
which, whether by virtue of any enactment or by reference
to any generally recognised published code or otherwise,
are regarded as proper accounting practices to be followed
in the keeping of accounts by the local education authority.
30
      (2)
In the event of conflict between the accounting practices falling
within paragraph (a) of sub-paragraph (1) and those falling within
paragraph (b) of that sub-paragraph, only those falling within
paragraph (a) are to be regarded as proper accounting practices.”
Part 2
35
Amendments to section 77 of SSFA 1998
18    (1)
Section 77 of SSFA 1998 (control of disposals or changes of use of school
playing fields in relation to England) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Except” substitute “Subject to subsections (2A) and (2B), except”,
40
and
(b)
after “a body” insert “or trustees”.
      (3)
For subsection (2) substitute—
“(2)
Subsection (1) applies to—
(a)
a local authority;
45

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 3 — Consequential amendments
197

(b)
the governing body of a maintained school;
(c)
a foundation body;
(d)
the trustees of a foundation, voluntary or foundation special
school.”
      (4)
After subsection (2) insert—
5
“(2A)
Subsection (1) applies in the case of a disposal by the trustees of a
foundation, voluntary or foundation special school, only if the
disposal is of land falling within paragraph A13(1), (2) or (3) of
Schedule 22.
(2B)
Subsection (1) does not apply—
10
(a)
to a disposal in pursuance of a transfer order under
paragraph A23 of that Schedule, or
(b)
to a disposal to which paragraph 5 or 6 of Schedule 22
(disposals on discontinuance) applies.”
      (5)
In subsection (3)—
15
(a)
for “Except” substitute “Subject to subsections (4) and (4A), except”,
(b)
for “a local authority” substitute “a body or trustees to whom
subsection (1) applies”, and
(c)
for “falling within subsection (1)” substitute “which falls within
subsection (1) or is excluded from that subsection by subsection
20
(2B)(a) or (b)”.
      (6)
In subsection (4) omit “by a local authority”.
      (7)
After subsection (4) insert—
“(4A)
Subsection (3) applies in relation to the trustees of a foundation,
voluntary or foundation special school only if the playing fields in
25
question are land falling within paragraph A13(1), (2) or (3) of
Schedule 22.”
      (8)
In subsection (7), at the appropriate place, insert—
““maintained school” includes a maintained nursery school;”.
Part 3
30
Consequential amendments
19
In section 75(2) of SSFA 1998 (transfer of land by governing body to trustees)
after “Paragraph” insert “A1 or”.
20
In section 79(1)(b) of SSFA 1998 (stamp duty exemption for certain transfers)
after “paragraph” insert “A23,”.
35
21
In section 138 of SSFA 1998 (orders and regulations), in subsection (2)(b)
(orders not made by statutory instrument), for “or 7(3)(c)” substitute “,
7(3)(c) or 8A”.
22
In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and
foundation special schools), in paragraph 2, in sub-paragraph (10), after
40
“paragraphs” insert “A1 to A16 or”.
23
In Schedule 32 to SSFA 1998 (transitional provisions and savings), in
paragraph 4(4)—

Education and Inspections Bill
Schedule 5 — Funding of maintained schools
198

(a)
in paragraph (a) for “paragraph 1(1)(d)” substitute “paragraphs
A1(1)(f) and 1(1)(d)”,
(b)
in paragraph (b) for “paragraph 2(1)(d)” substitute “paragraphs
A7(1)(e) and 2(1)(d)”, and
(c)
in paragraph (c) for “paragraph 3(1)(e)” substitute “paragraphs
5
A13(1)(g) and 3(1)(e)”.
Schedule 5
Section 56

Funding of maintained schools
1
In section 17(6) of SSFA 1998 (power of LEA to suspend right to delegated
budget), omit the words from “but” onwards.
10
2     (1)
Section 47A of SSFA 1998 (schools forums) is amended as follows.
      (2)
In subsection (3)(b), for the words from “function” to the end substitute
“other function that may be imposed on the schools forum by or under this
Chapter”.
      (3)
Omit subsection (6) (which enables regulations under subsection (5) of that
15
section to enable the Secretary of State or the Assembly to remove a non-
schools member from membership of a schools forum).
      (4)
For subsection (9) substitute—
“(9)
In this section “relevant authority”, in relation to a schools forum,
means the local education authority by whom the forum is
20
established.”
3     (1)
Section 48 of SSFA 1998 (local education authorities’ financial schemes) is
amended as follows.
      (2)
In subsection (1), for “prepare” substitute “maintain”.
      (3)
In subsection (3), for “prepared” substitute “maintained”.
25
      (4)
In subsection (4), omit the words from “the approval” to “and for”.
      (5)
In subsection (5), for the words from “the scheme prepared” to the end
substitute “the scheme for the time being maintained under this section”.
4
In section 49 of SSFA 1998 (maintained schools to have delegated budgets)
for subsections (2) and (3) substitute—
30
“(2)
A new school shall have a delegated budget from a date determined
in accordance with regulations.
(2A)
Regulations under subsection (2) may—
(a)
enable the date that would otherwise apply by virtue of the
regulations to be varied in accordance with the regulations,
35
on the application of the local education authority, by the
authority’s schools forum or by the Secretary of State, and
(b)
make provision about the respective powers of the schools
forum and the Secretary of State in relation to any application
to vary that date.”
40

Education and Inspections Bill
Schedule 5 — Funding of maintained schools
199

5     (1)
Schedule 14 to SSFA 1998 (approval, imposition and revision of local
education authority schemes) is amended as follows.
      (2)
For the heading substitute “REVISION OF LOCAL EDUCATION
AUTHORITY SCHEMES”.
      (3)
For the italic heading immediately before paragraph 1 substitute
5
“Publication of schemes”.
      (4)
In paragraph 1—
(a)
omit sub-paragraphs (1) to (6), and
(b)
for sub-paragraph (7) substitute—
    “(7)
A scheme maintained by a local education authority under
10
section 48(1) shall be published in such manner as may be
prescribed—
(a)
on its coming into force as revised under this
Schedule, and
(b)
on such other occasions as may be prescribed.”
15
      (5)
For paragraph 2 substitute—
“2A   (1)
A local education authority may, in accordance with this
paragraph, revise the whole or part of the scheme maintained by
them under section 48(1).
      (2)
In revising the scheme, the local education authority shall take
20
into account any guidance given by the Secretary of State,
whether—
(a)
generally, or
(b)
in relation to that authority or any class or description of
local education authorities to which that authority
25
belongs,

as to the provisions the Secretary of State regards as appropriate
for inclusion in the scheme.
      (3)
As regards any proposed variation of the scheme, the authority—
(a)
shall first consult the governing body and head teacher of
30
every school maintained by the authority (within the
meaning of this Chapter), and
(b)
shall then submit a copy of their proposals to the
authority’s schools forum for their approval.
2B    (1)
Regulations may make provision preventing schemes as revised
35
from coming into force unless they are approved in accordance
with the regulations by the local education authority’s schools
forum or by the Secretary of State.
      (2)
The regulations may in particular—
(a)
prescribe circumstances in which proposals which have
40
been submitted to a local education authority’s schools
forum may be submitted to the Secretary of State,
(b)
enable the schools forum or the Secretary of State to
approve proposals with modifications, and

Education and Inspections Bill
Schedule 6 — Governing bodies consisting of interim executive members
200

(c)
enable the schools forum or the Secretary of State, in giving
their or his approval, to specify the date on which the
scheme as revised is to come into force.”
6
In Schedule 15 to SSFA 1998 (suspension of financial delegation), the
following provisions (which confer on the governing body a right to appeal
5
to the Secretary of State or the Assembly or relate to that right of appeal) are
omitted—
(a)
paragraph 1(4) and (6),
(b)
paragraph 2(5), and
(c)
paragraph 3.
10
Schedule 6
Section 69

Governing bodies consisting of interim executive members
Interpretation of Schedule
1     (1)
In this Schedule—
“the appropriate authority” means—
15
(a)
where this Schedule applies by virtue of a notice under
section 64(1), the local education authority who gave the
notice, and
(b)
where this Schedule applies by virtue of a notice under
section 68(1), the Secretary of State;
20
“existing governors”, in relation to a school in respect of which a notice
under section 64(1) or 68(1) has been given, means the governors
who hold office immediately before the governing body becomes
constituted in accordance with this Schedule;
“the interim period”, in relation to a school in respect of which a notice
25
under section 64(1) or 68(1) has been given, means the period during
which the governing body is constituted in accordance with this
Schedule;
“a normally constituted governing body” means a governing body
constituted in accordance with regulations made by virtue of section
30
19 of EA 2002 (governing bodies).
      (2)
In this Schedule any reference to the discontinuance of a maintained school
is a reference to the local education authority ceasing to maintain it.
Governing body to consist of members appointed by appropriate authority
2     (1)
The governing body of the school shall consist of members appointed by the
35
appropriate authority, instead of being constituted in accordance with
regulations made by virtue of section 19 of EA 2002.
      (2)
In the following provisions of this Schedule—
(a)
the governing body as constituted in accordance with this Schedule
is referred to as “the interim executive board”, and
40
(b)
the members of the governing body as so constituted are referred to
as “interim executive members”.