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
Part 3 — Further provisions about maintained schools
27

      (2)
Subject to sub-paragraphs (3) and (4), references in this Schedule to
capital expenditure, in relation to an appropriate body or the
promoters, in the case of a voluntary aided school, are references
to—
(a)
expenditure of the body or, as the case may be, the promoters
5
which falls to be capitalised in accordance with proper
accounting practices, or
(b)
expenditure which would fall to be so capitalised were it to
be incurred by the body or, as the case may be, the promoters.
      (3)
The Secretary of State may by regulations prescribe classes or
10
descriptions of expenditure which are to be treated for the purposes
of this Schedule as being, or as not being, capital expenditure in
relation to—
(a)
any appropriate body, or any prescribed class or description
of appropriate body;
15
(b)
any promoters, or any prescribed class or description of
promoters.
      (4)
The Secretary of State may by direction provide that, in the case of a
particular voluntary aided school—
(a)
expenditure of a particular appropriate body which is
20
expenditure of a particular class or description;
(b)
expenditure of particular promoters which is expenditure of
a particular class or description,

is to be treated for the purposes of this Schedule as being, or as not
being, capital expenditure in relation to that body, or as the case may
25
be, those promoters.
      (5)
Directions under sub-paragraph (4) may be expressed to have effect
in specified circumstances or subject to specified conditions.
      (6)
In this paragraph an “appropriate body”, in the case of a voluntary
aided school, means—
30
(a)
the governing body of the school, or
(b)
a relevant body in relation to the school (within the meaning
of paragraph 5).
9B    (1)
For the purposes of paragraph 9A, “proper accounting practices”, in
relation to an appropriate body or the promoters, in the case of a
35
voluntary aided school, 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 in the
keeping of accounts by the appropriate body, or as the case
40
may be, the promoters, 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.
45
      (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.

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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      (3)
In this paragraph an “appropriate body”, in the case of a voluntary
aided school, has the same meaning as in paragraph 9A.”
36
Disposals and changes of use of land
Schedule 4 contains amendments of—
(a)
Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary
5
or foundation special schools and disposals on discontinuance), and
(b)
section 77 of that Act (control of disposals or changes of use of school
playing fields in relation to England),
and amendments which are consequential to those amendments.
37
Staff at foundation or voluntary schools with religious character
10
(1)
In section 58 of SSFA 1998 (appointment and dismissal of certain teachers at
schools with a religious character), omit subsection (4) (which prevents the
head teacher of a foundation or voluntary controlled school being a reserved
teacher).
(2)
In section 60 of SSFA 1998 (staff at foundation or voluntary school with
15
religious character)—
(a)
in subsection (4), after “(whether foundation or voluntary controlled)”
insert “in a case where the head teacher is not to be a reserved teacher”,
and
(b)
in subsection (6), after “voluntary aided school” insert “in Wales”.
20
General duties of governing body
38
General duties of governing body of maintained school
(1)
In section 21 of EA 2002 (general responsibility for conduct of school) after
subsection (4) insert—
“(5)
The governing body of a maintained school shall, in discharging their
25
functions relating to the conduct of the school, have regard to any
relevant children and young people’s plan.
(6)
In discharging those functions, the governing body of a maintained
school in England shall also have regard to any views expressed by
parents of registered pupils.
30
(7)
In this section “relevant children and young people’s plan” means—
(a)
in relation to a school in England—
(i)
any plan published by the local education authority
under section 17 of the Children Act 2004 (children and
young people’s plans: England), or
35
(ii)
in a case where the local education authority are not
required by regulations under that section to prepare
and publish a plan, any plan which is published by the
authority and sets out their strategy for discharging
their functions in relation to children and relevant
40
young persons within the meaning of that section, and
(b)
in relation to a school in Wales—

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(i)
any plan published by the local education authority
under section 26 of the Children Act 2004 (children and
young people’s plans: Wales), or
(ii)
in a case where the local education authority are not
required by regulations under that section to prepare
5
and publish a plan, any plan which is published by the
authority and sets out their strategy for discharging
their functions in relation to children and relevant
young persons within the meaning of that section.”
(2)
In section 28 of that Act (limit on power to provide community facilities etc.),
10
after subsection (4) insert—
“(4A)
In exercising the power under section 27(1), the governing body of a
maintained school shall have regard to any relevant children and
young people’s plan.
(4B)
In subsection (4A) “relevant children and young people’s plan” has the
15
meaning given by section 21(7).
(4C)
In exercising the power under section 27(1), the governing body of a
maintained school in England shall also have regard to any views
expressed by parents of registered pupils in circumstances where
subsection (4)(a)(iii) does not apply.”
20
School admissions
39
General restriction on selection by ability
(1)
No admission arrangements for a community, foundation or voluntary school
may make provision for selection by ability unless—
(a)
they make provision for one of the permitted forms of such selection
25
mentioned in section 99(2) of SSFA 1998, or
(b)
the school is a grammar school.
(2)
For the purposes of subsection (1) a school’s admission arrangements make
provision for selection by ability if they make provision for all or any of the
pupils who are to be admitted to the school in any relevant age group to be so
30
admitted by reference to ability.
(3)
In this section—
“ability” means either general ability or ability in any particular subject or
subjects;
“admission arrangements” has the meaning given by section 88(2) of
35
SSFA 1998;
“grammar school” has the meaning given by section 104(7) of SSFA 1998;
“relevant age group” has the meaning given by section 142(1) of SSFA
1998.
(4)
In section 99 of SSFA 1998—
40
(a)
omit subsection (1) (which is re-enacted as subsection (1) of this
section), and
(b)
in subsection (2) after “are” insert “for the purposes of section 39(1) of
the Education and Inspections Act 2006”.

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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40
Code for school admissions
(1)
Section 84 of SSFA 1998 (code of practice) is amended in accordance with
subsections (2) to (7).
(2)
In subsection (1)—
(a)
for “a code of practice containing such practical guidance” substitute “a
5
code for school admissions containing such provision”, and
(b)
after paragraph (b) insert—
“(ba)
admission forums,”.
(3)
In subsection (2), for the words from “include” to “other matters” substitute
“impose requirements, and may include guidelines setting out aims, objectives
10
and other matters,”.
(4)
In subsection (3), for “to have regard to” substitute “to act in accordance with”.
(5)
In subsection (5), omit “of practice” (in each place where it occurs).
(6)
In subsection (6), after the definitions of “admission arrangements” and “the
admission authority” insert—
15
““admission forum” means a forum established under section
85A, including a joint admission forum established in
pursuance of regulations under subsection (3)(c) of that
section;”.
(7)
In the heading, and in the italic cross-heading immediately before section 84,
20
for “of practice” substitute “for school admissions”.
(8)
In section 85 of SSFA 1998 (making and approval of code of practice)—
(a)
in subsection (1) omit “of practice”, and
(b)
for the heading substitute “Making and approval of code for school
admissions”.
25
(9)
In relation to a code for school admissions issued under section 84(1) of SSFA
1998 after the passing of this Act, the requirement to consult which is imposed
by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken
before the passing of this Act, even though the code takes account (to any
extent) of any provision made by this Act.
30
41
Role of admission forums
(1)
Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) is amended as
follows.
(2)
In section 85A (admission forums), in subsection (1)—
(a)
omit the “and” at the end of paragraph (a), and
35
(b)
at the end of paragraph (b) insert “, and
(c)
in the case of an admission forum for the area of a local
education authority in England, exercising any other
functions that may be imposed on the forum by or under
this Chapter.”
40
(3)
After subsection (1) of that section insert—
“(1A)
An admission forum for the area of a local education authority in
England may prepare and publish reports on such matters connected

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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with the admission of pupils to maintained schools in that area as may
be prescribed.
(1B)
For the purposes of the preparation of a report under subsection (1A),
an admission forum may request any of the following bodies to provide
the forum with any information held by them which falls within a
5
prescribed description and is specified by the forum in its request—
(a)
the local education authority which established the forum;
(b)
any local education authority in England for an area which
adjoins the area of the authority mentioned in paragraph (a);
(c)
the governing body of any maintained school in the area for
10
which the forum is established.
(1C)
A body mentioned in any of paragraphs (a) to (c) of subsection (1B)
must comply with a request made by an admission forum in pursuance
of that subsection.”
(4)
In subsection (3) of that section—
15
(a)
omit the “and” at the end of paragraph (b), and
(b)
after that paragraph insert—
“(ba)
as to the preparation and publication of reports under
subsection (1A), and”.
(5)
After subsection (3) of that section insert—
20
“(3A)
Regulations under subsection (3)(c) may, in relation to England, modify
any provision of this Chapter in its application to a joint admission
forum.”
(6)
After subsection (5) of that section insert—
“(5A)
Regulations may make provision with respect to the expenses of an
25
admission forum for the area of a local education authority in England.
(5B)
Except as provided by regulations under subsection (5A), the expenses
of an admission forum for the area of a local education authority in
England are to be defrayed by the local education authority by whom
the forum was established.”
30
(7)
In section 89 (procedure for determining admission arrangements) for
subsection (10) substitute—
“(10)
In this section, “the appropriate bodies”, in relation to an admission
authority, means—
(a)
the bodies or persons whom they were required to consult
35
under subsection (2), or would but for subsection (2A) have
been required to consult, and
(b)
in the case of an admission authority for a maintained school in
England, the admission forum for the area of the local education
authority in which the school is situated.”
40
(8)
In section 90 (reference of objections to adjudicator or Secretary of State)—
(a)
in subsection (1) for paragraph (b) substitute—
“(b)
an appropriate body wishes to make an objection about
those arrangements, and”, and

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(b)
after subsection (10) insert—
“(11)
In this section, “appropriate body” means, in relation to the
admission arrangements determined by an admission
authority—
(a)
any body or person whom the admission authority were
5
required to consult under subsection (2) of section 89, or
would but for subsection (2A) of that section have been
required to consult, and
(b)
in the case of admission arrangements determined by an
admission authority for a maintained school in England,
10
the admission forum for the area of the local education
authority in which the school is situated.”
42
Support for parental preferences
In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—
“(1A)
A local education authority in England shall provide advice and
15
assistance to parents of children in the area of the authority in
connection with the preferences expressed or to be expressed by them
in accordance with the arrangements made under subsection (1).”
43
Duty of governing body to implement decisions relating to admissions
(1)
In section 88 of SSFA 1998 (admission authorities and admission
20
arrangements), after subsection (1) insert—
“(1A)
Where the admission authority for a community or voluntary
controlled school is the local education authority, it is the duty of the
governing body to implement any decision relating to the admission of
pupils to the school which is taken by or on behalf of the admission
25
authority.
(1B)
Subsection (1A) does not affect—
(a)
any right of appeal which the governing body may have by
virtue of arrangements made in pursuance of section 95(2)
(appeals in relation to children to whom section 87(2) applies,
30
other than looked after children in England),
(b)
any right to refer the matter to the adjudicator which the
governing body may have by virtue of section 95A(3)
(references to the adjudicator in relation to looked after children
in England to whom section 87(2) applies), or
35
(c)
the application of section 101(2A) or section 109(2).”
(2)
In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a
local education authority and the governing body of a maintained school”
substitute “the admission authority for a maintained school”.
(3)
In section 89C of SSFA 1998 (co-ordinated schemes for admission
40
arrangements)—
(a)
in subsection (3) for “by virtue of this section” substitute “by virtue of
section 89B”, and

Education and Inspections Bill
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(b)
after subsection (3) insert—
“(3A)
Where any decision as to whether a child is to be granted or
refused admission to a maintained school is (by virtue of
regulations under subsection (3)) made by the local education
authority although they are not the admission authority, the
5
governing body of the school must implement the decision.”
(4)
In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal
arrangements) in paragraph (b) for the words from the beginning to “the
authority” substitute “in a case where the governing body of a community or
voluntary controlled school maintained by the authority are the admission
10
authority”.
44
Prohibition on interviews
After section 88 of SSFA 1998 insert—
“88A
Prohibition on interviews
(1)
No admission arrangements for a maintained school may require or
15
authorise any interview with an applicant for admission to the school
or his parents, where the interview is to be taken into account (to any
extent) in determining whether the applicant is to be admitted to the
school.
(2)
If the maintained school is one at which boarding accommodation is
20
provided for pupils, subsection (1) does not apply in relation to any
interview intended to assess the suitability of an applicant for a
boarding place.
(3)
Where the admission arrangements for a maintained school make
provision for a permitted form of selection by aptitude, subsection (1)
25
does not prevent the arrangements from requiring or authorising any
audition or other oral or practical test to be carried out in relation to an
applicant solely for the purpose of ascertaining the applicant’s aptitude
in accordance with the arrangements.
(4)
In this section, “permitted form of selection by aptitude” is to be read in
30
accordance with section 99(4).”
45
Admission arrangements for schools with religious character: consultation
and objections
In section 89 of SSFA 1998 (procedure for determining admission
arrangements) in subsection (2)—
35
(a)
omit the “and” at the end of paragraph (c), and
(b)
after paragraph (d) insert “and
(e)
in the case of a foundation or voluntary school which
has a religious character for the purposes of Part 2, such
body or person representing the religion or religious
40
denomination in question as may be prescribed.”
46
Restrictions on alteration of admission arrangements
(1)
In section 89 of SSFA 1998 (procedure for determining admission