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 6 — School travel and school food
65

81
Amendments of section 444 of EA 1996 in relation to school travel
(1)
Section 444 of EA 1996 (offence of failing to secure regular attendance at school
of registered pupil) is amended as follows.
(2)
After subsection (3) insert—
“(3A)
Subsections (3B) and (3D) apply where the child’s home is in England.
5
(3B)
The child shall not be taken to have failed to attend regularly at the
school if the parent proves that—
(a)
the local education authority have a duty to make travel
arrangements in relation to the child under section 508B(1) for
the purpose of facilitating the child’s attendance at the school
10
and have failed to discharge that duty, or
(b)
the local education authority have a duty to make travel
arrangements in relation to the child by virtue of subsection
(2)(c) of section 508E (school travel schemes) for the purpose of
facilitating the child’s attendance at the school and have failed
15
to discharge that duty.
(3C)
For the purposes of subsection (3B)—
(a)
the reference to “travel arrangements” in paragraph (a) has the
same meaning as in section 508B, and
(b)
the reference to “travel arrangements” in paragraph (b) has the
20
same meaning as in paragraph 3 of Schedule 35C.
(3D)
Where the school is an independent school which is not a qualifying
school, the child shall not be taken to have failed to attend regularly at
the school if the parent proves—
(a)
that the school is not within walking distance of the child’s
25
home,
(b)
that no suitable arrangements have been made by the local
education authority for boarding accommodation for him at or
near the school, and
(c)
that no suitable arrangements have been made by the local
30
education authority for enabling him to become a registered
pupil at a qualifying school nearer to his home.
(3E)
For the purposes of subsection (3D), “qualifying school” has the same
meaning as it has for the purposes of Schedule 35B (meaning of
“eligible child” for the purposes of section 508B).
35
(3F)
Subsection (4) applies where the child’s home is in Wales.”
(3)
In subsection (5) for “subsection (4)” substitute “subsections (3D) and (4)”.
(4)
In subsection (6) for “subsection (4)” substitute “subsections (3B), (3D) and (4)”.
(5)
The amendments made by this section do not apply in relation to any failure of
a child to attend at a school or other place in relation to which section 444 of EA
40
1996 applies which occurs on a day before this section comes into force.

Education and Inspections Bill
Part 6 — School travel and school food
66

82
Learning and Skills Council for England: transport etc for persons of sixth
form age
(1)
In section 509AA of EA 1996 (provision of transport etc for persons of sixth
form age)—
(a)
in subsection (9)—
5
(i)
for “Secretary of State” substitute “appropriate authority”, and
(ii)
for “he” substitute “it”,
(b)
after subsection (9) insert—
“(9A)
The “appropriate authority” means—
(a)
in the case of a local education authority in England, the
10
Secretary of State, and
(b)
in the case of a local education authority in Wales, the
National Assembly for Wales.”, and
(c)
in subsection (10), after “Secretary of State” insert “(in relation to local
education authorities in England) or the National Assembly for Wales
15
(in relation to local education authorities in Wales)”.
(2)
In section 509AB of EA 1996 (further provision about transport policy
statements)—
(a)
in subsection (5), for the words from “by the Secretary” to the end
substitute “under this section—
20
(a)
by the Learning and Skills Council for England (in the
case of an authority in England), or
(b)
by the National Assembly for Wales (in the case of an
authority in Wales).”,
(b)
in subsection (6)(d), for the words from “by the Secretary” to the end
25
substitute “for the purposes of this section by the Learning and Skills
Council for England (in the case of an authority in England) or the
National Assembly for Wales (in the case of an authority in Wales).”,
and
(c)
after subsection (7) insert—
30
“(8)
Any guidance issued by the Learning and Skills Council for
England under this section must be published in such manner
as the Council thinks fit.”
(3)
In section 509AC of EA 1996 (interpretation of sections 509AA and 509AB)—
(a)
in subsection (6), after “subsection (5)” insert “in relation to its
35
application in the case of local education authorities in England”, and
(b)
after subsection (6) insert—
“(7)
The National Assembly for Wales may by order amend the
definition of “academic year” in subsection (5) in relation to its
application in the case of local education authorities in Wales.”
40
(4)
In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary
functions of Learning and Skills Council for England), after subsection (5)
insert—
“(6)
The Secretary of State may by order confer or impose on the Council
such powers or duties falling within subsection (7) as he thinks fit.
45
(7)
A power or duty falls within this subsection if it is exercisable in
connection with—

Education and Inspections Bill
Part 6 — School travel and school food
67

(a)
the Secretary of State’s function under section 509AA(9) of the
Education Act 1996 (power to direct LEA to make arrangements
additional to those specified in transport policy statement), or
(b)
any function of the Secretary of State under any of sections 496
to 497B of the Education Act 1996 as regards anything done,
5
proposed to be done or omitted to be done by a local education
authority in England under section 509AA or 509AB of that
Act.”
83
LEAs in England: duty to have regard to religion or belief in exercise of travel
functions
10
After section 509AC of EA 1996 insert—
“509AD
LEAs in England: duty to have regard to religion or belief in exercise
of travel functions
(1)
A local education authority in England must have regard, amongst
other things, in exercising any of their travel functions in relation to or
15
in connection with the travel of a person or persons to or from a school,
institution or other place, to any wish of a parent of such a person for
him to be provided with education or training at a particular school,
institution or other place where that wish is based on the parent’s
religion or belief.
20
(2)
The “travel functions” of a local education authority in England are
their functions under any of the following provisions—
section 508A (duty to promote sustainable modes of travel etc);
section 508B (travel arrangements for eligible children);
section 508C (travel arrangements etc for other children);
25
section 508E and Schedule 35C (school travel schemes);
section 508F (transport etc for certain adult learners);
section 509AA (transport etc for persons of sixth form age).
(3)
For the purposes of this section—
(a)
“religion” means any religion,
30
(b)
“belief” means any religious or philosophical belief,
(c)
a reference to religion includes a reference to lack of religion,
and
(d)
a reference to belief includes a reference to lack of belief.”
84
Further amendments relating to travel to schools etc
35
Schedule 10 contains further amendments relating to travel to schools and
other places where education or training is received.
Food and drink provided on school premises etc
85
Provision of food and drink on school premises etc
(1)
For section 114 of SSFA 1998 (nutritional standards for school lunches) and the
40

Education and Inspections Bill
Part 6 — School travel and school food
68

cross-heading preceding it substitute—
“Food and drink provided on school premises etc
114A
Requirements for food and drink provided on school premises etc
(1)
Regulations may prescribe requirements which, subject to such
exceptions as may be provided for by or under the regulations, are to
5
be complied with in connection with—
(a)
food or drink provided on the premises of any school
maintained by a local education authority, or
(b)
food or drink provided at a place other than school premises by
a local education authority or the governing body of a school
10
maintained by such an authority to any registered pupil at the
school.
(2)
Regulations under this section may in particular—
(a)
specify nutritional standards, or other nutritional requirements,
which are to be complied with;
15
(b)
require that drinking water is to be available, free of charge, on
the premises of any school maintained by a local education
authority;
(c)
require that specified descriptions of food or drink are not to be
provided.
20
(3)
Requirements prescribed by virtue of subsection (1)(a) do not apply to
food or drink brought on to the premises of a school maintained by a
local education authority where the food or drink is brought on to those
premises by any person for his own consumption.
(4)
Where a local education authority or the governing body of a school
25
maintained by such an authority provide food or drink—
(a)
to anyone on the premises of the school, or
(b)
to any registered pupil at the school at a place other than school
premises,

that authority or, as the case may be, that governing body must secure
30
that any applicable provisions of the regulations are complied with.
(5)
Subsection (4) applies whether the food or drink is provided in
pursuance of any statutory requirement or otherwise.
(6)
Where—
(a)
food or drink is provided on the premises of a school
35
maintained by a local education authority,
(b)
the provision is by a person (“X”) other than the authority or the
governing body of the school, and
(c)
X uses or occupies the whole or a part of the premises in
circumstances related to a use or occupation agreement made
40
(whether by X or any other person) with the authority or the
governing body,

that authority or, as the case may be, that governing body must secure
that any applicable provisions of the regulations are complied with.

Education and Inspections Bill
Part 6 — School travel and school food
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(7)
A “use or occupation agreement”, in relation to the premises of a
school, is an agreement or other arrangement relating to the use or
occupation of the whole or any part of the premises.
(8)
Without prejudice to the generality of section 138(7), regulations under
this section may prescribe—
5
(a)
different requirements in relation to different classes or
descriptions of school as specified in the regulations;
(b)
different requirements in connection with food or drink
provided by or to different classes or descriptions of person as
specified in the regulations;
10
(c)
requirements which apply during different periods of the day
as specified in the regulations.
(9)
A “place other than school premises” means a place other than the
premises of any school maintained by a local education authority.
(10)
References in this section to food or drink provided by a local education
15
authority or the governing body of a school include references to food
or drink provided in pursuance of an agreement or other arrangement
made by such an authority or body for the provision of food or drink.”
(2)
In section 512(4) of EA 1996 (LEA functions concerning provision of meals), for
“section 114(2) of the School Standards and Framework Act 1998 (lunches
20
provided by LEAs to meet nutritional standards)” substitute “section 114A(4)
of the School Standards and Framework Act 1998 (requirements for food and
drink provided on school premises etc)”.
(3)
Any regulations made under section 114 of SSFA 1998 which have effect
immediately before the commencement of this section have effect after that
25
commencement as if made under section 114A of that Act (as substituted by
subsection (1)).
86
Power to charge for provision of meals etc
(1)
In section 512ZA of EA 1996 (duty of LEA to charge for meals etc)—
(a)
in subsection (1), for “shall” substitute “may”,
30
(b)
in subsection (2), for “A local education authority shall” substitute
“Where a local education authority exercise the power to charge under
subsection (1), they must”, and
(c)
in the heading, for “Duty” substitute “Power”.
(2)
In section 533 of EA 1996 (duties of governing bodies with respect to provision
35
of school meals etc)—
(a)
in subsection (3), for the words from “shall” to the end substitute “may
charge for anything so provided.”,
(b)
after that subsection, insert—
“(4)
Where the governing body of a school exercise the power to
40
charge under subsection (3), they must charge every person the
same price for the same quantity of the same item.”, and
(c)
in the heading, for “Duties” substitute “Functions”.

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
70

Part 7
Discipline, behaviour and exclusion
Chapter 1
School Discipline
Certain schools required to have behaviour policy
5
87
Responsibility of governing body for discipline
(1)
The governing body of a relevant school must ensure that policies designed to
promote good behaviour and discipline on the part of its pupils are pursued at
the school.
(2)
In particular, the governing body—
10
(a)
must make, and from time to time review, a written statement of
general principles to which the head teacher is to have regard in
determining any measures under section 88(1), and
(b)
where they consider it desirable that any particular measures should be
so determined by the head teacher or that he should have regard to any
15
particular matters—
(i)
shall notify him of those measures or matters, and
(ii)
may give him such guidance as they consider appropriate.
(3)
Before making or revising the statement required by subsection (2)(a) the
governing body must consult (in such manner as appears to them to be
20
appropriate)—
(a)
the head teacher,
(b)
such other persons who work at the school (whether or not for
payment) as it appears to the governing body to be appropriate to
consult,
25
(c)
parents of registered pupils at the school, and
(d)
registered pupils at the school.
(4)
In exercising their functions under subsection (2) the governing body must
have regard to any guidance given from time to time—
(a)
in relation to England, by the Secretary of State, and
30
(b)
in relation to Wales, by the Assembly.
(5)
In this section and section 88—
“relevant school” means—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school,
35
(c)
a maintained nursery school,
(d)
a pupil referral unit, or
(e)
a school approved by the Secretary of State or the Assembly
under section 342 of EA 1996 (approval of non-maintained
special schools);
40
“governing body”, in relation to a school approved by the Secretary of
State or the Assembly under section 342 of EA 1996, means the
proprietor of the school.