Legalize / United Kingdom / Public General Act

Education Act 2002

Type Public General Act

Publication 2002-07-24

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) section 84(6),

(e) section 86, or

(f) section 125(4),

unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(4) Subject to subsections (5) and (6), a statutory instrument which contains any order or regulations made under this Act by the Secretary of State and is not subject to the requirement in subsection (3) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Subsection (4) does not apply to an order under—

(a) section 7(2),

(b) section 87(3)(c),

(d) section 216.

(6) If an order under section 122 contains only provisions which in the opinion of the Secretary of State give effect without significant modification to recommendations of the School Teachers’ Review Body—

(a) the order shall contain a statement to that effect, and

(b) subsection (4) shall not apply.

(6A) Any statutory instrument containing regulations or an order made under section 32C(5) ... ... by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales ....

(6AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6B) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

(7) Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act includes power—

(a) to make different provisions for different cases or areas,

(b) to make provision generally or only in relation to specific cases, and

(c) to make such incidental, supplemental, saving or transitional provisions as the Secretary of State or the Welsh Ministers think fit.

(8) Nothing in this Act shall be regarded as affecting the generality of subsection (7).

Wales

211

(1) Subsection (2) applies where—

(a) this Act confers a function (in this section referred to as “the new function”) on the Secretary of State by amendment of another Act, and

(b) any functions under that Act have before the passing of this Act been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) (transfer of Ministerial functions).

(2) The new function, so far as exercisable in relation to Wales, is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 and, accordingly, the transfer may be varied or revoked by an Order in Council under that section.

(3) For the purposes of section 22 of the Government of Wales Act 1998, an Order in Council made by virtue of subsection (2) or section 208(3) is to be treated as if it were revoking or varying a previous Order in Council.

(4) Subsection (2) does not apply in relation to the amendment made by section 208(1).

General interpretation

212

(1) In this Act, unless the context otherwise requires—

“contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);

“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

“the local authority”, in relation to a school maintained (or proposed to be maintained) by a local authority, means that authority;

“prescribed” means prescribed by regulations;

“regulations” means regulations made under this Act by the Secretary of State (in relation to England) or by the National Assembly for Wales (in relation to Wales).

(2) Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

(3) The provisions of this Act referred to in subsection (2) are—

(a) Part 1 (provision for new legal frameworks),

(b) Part 2 (financial assistance for education and childcare),

(d) Part 5 (school organisation), except section 72 and Schedule 9,

(e) Parts 6 and 7 Part 6 (the curriculum),

(f) in Part 8, sections 119 to 146,

(g) in Part 9, section 153,

(h) Part 10 (independent schools), and

(i) in this Part, sections 175 and 176, sections 181 to 185, sections 190 to 198 and section 207.

(4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996 (c. 56), the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

(5) Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

Financial provisions

213

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State by virtue of this Act, and

(b) any increase attributable to this Act in the sums which by virtue of any other Act are payable out of money provided by Parliament.

(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

Transitional provisions etc.

214

(1) Regulations may at any time make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State, or as the case may be the National Assembly for Wales, to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.

(2) Regulations under subsection (1) may, in particular, make provision—

(a) for any provision of this Act which comes into force before—

(i) another such provision has come into force, or

(ii) anything falling to be done under another such provision has been done,

to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;

(b) for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the passing of this Act, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.

(3) The amendments that may be made under subsection (2)(b) shall be in addition (and without prejudice) to those made by any other provision of this Act.

(4) Nothing in this Act shall be read as prejudicing the generality of subsection (1).

(5) In this section “statutory provision” has the same meaning as in Chapter 1 of Part 3.

Minor and consequential amendments and repeals

215

(1) Schedule 21 (which contains minor and consequential amendments) shall have effect.

(2) The enactments specified in the first column of Schedule 22 (which include spent provisions) are repealed to the extent specified in the second column.

Commencement

216

(1) The following provisions shall come into force on the day on which this Act is passed—

section 13,

section 52(7) to (10),

section 147,

section 186,

section 190,

sections 210 to 214, and

this section and section 217.

(2) The following provisions shall come into force in accordance with provision made by the Secretary of State by order—

sections 65 to 69 and Schedule 7,

section 70 and Schedule 8,

section 71,

section 73,

Part 6,

sections 119 to 130 and Schedule 11,

section 209,

paragraphs 1 to 4 and 9 of Schedule 17, and section 189 so far as relating to those paragraphs,

paragraphs 14, 17, 18, 56, 91 and 119 of Schedule 21, and section 215(1) so far as relating to those paragraphs, and

Part 1 of Schedule 22, and section 215(2) so far as relating to that Part.

(3) The following provisions shall come into force in accordance with provision made by the National Assembly for Wales by order—

Part 7,

section 139,

sections 191 to 198 and Schedule 18,

paragraphs 5 to 8 of Schedule 17, and section 189 so far as relating to those paragraphs, and

Part 2 of Schedule 22, and section 215(2) so far as relating to that Part.

(4) Subject to subsections (1) to (3), this Act shall come into force—

(a) except in relation to Wales, in accordance with provision made by the Secretary of State by order, and

(b) in relation to Wales, in accordance with provision made by the National Assembly for Wales by order.

(5) An order under this section may—

(a) make provision generally or for specified purposes only,

(b) make different provision for different purposes, and

Short title and extent

217

(1) This Act may be cited as the Education Act 2002.

(2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

(3) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

(4) Except as provided by subsection (3), this Act extends to England and Wales only.

SCHEDULE 1

Introductory

1

In the following paragraphs of this Schedule—

“the 1998 Act” means the School Standards and Framework Act 1998 (c. 31);

“the governing body” means the governing body of a maintained school incorporated under section 19(1).

Name and seal of governing body

2

(1) The governing body shall be known as “The governing body of....” with the addition of the name of the school as for the time being set out in the school’s instrument of government.

(2) The application of the seal of the governing body must be authenticated by the signature—

(a) of the chairman of the governing body, or

(b) of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(3) Every document purporting to be an instrument made or issued by or on behalf of the governing body and—

(a) to be duly executed under the seal of the governing body, or

(b) to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.

Powers of governing body

3

(1) The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with—

(a) the conduct of the school, or

(b) the provision of facilities or services under section 27.

(2) The governing body may provide advice or assistance to—

(a) the governing body of any other maintained school, whether or not maintained by the same local authority, or

(b) any local authority.

(2A) The governing body of a maintained school in England (other than the governing body of a maintained nursery school) may provide advice and assistance to the proprietor of an Academy.

(2B) The governing body of a maintained school in England may be a member of the foundation of another maintained school in England.

In this sub-paragraph “foundation” has the meaning given by section 21(3) of the 1998 Act, except that it does not include a foundation established under that Act.

(3) The powers conferred by sub-paragraphs (1) , (2) and (2A) include, in particular, power—

(a) to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,

(b) to acquire and dispose of land and other property,

(d) to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,

(e) to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes, and

(f) to do anything incidental to the conduct of the school, the provision of advice or assistance under sub-paragraph (2) or (2A) , or the provision of facilities and services under section 27.

(4) The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent—

(a) of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or

(b) if an order under sub-paragraph (5) so provides, of the local authority;

and any such consent may be given for particular borrowing or for borrowing of a particular class.

(5) The Secretary of State or the National Assembly for Wales may by order make provision for any of his or its functions under sub-paragraph (4) to be instead exercisable—

(a) in the case of all maintained schools, or

(b) in the case of any class of such schools specified in the order,

by the local authorities by whom those schools are maintained.

(6) In exercising those functions those authorities shall comply with any directions contained in an order made by the Secretary of State or the National Assembly for Wales.

(7) Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (3)(c) includes power to enter into contracts for the employment of teachers and other staff, but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school or of a maintained nursery school.

(8) Sub-paragraphs (1) to (3) have effect subject to—

(a) any provisions of the school’s instrument of government, and

(b) any provisions of a scheme under section 48 of the 1998 Act ( local authorities’ financial schemes) which relates to the school.

4

Regulations may make further provision—

(a) as to the general powers of the governing body, and

(b) as to other matters relating to it as a body corporate.

Dissolution of governing body

5

(1) If the school is discontinued, the governing body are dissolved by virtue of this paragraph—

(a) on the discontinuance date, or

(b) on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.

(1A) Sub-paragraph (1) does not apply if—

(a) the school is a federated school in Wales, and

(b) immediately after the discontinuance date, there will be more than one other school remaining in the federation.

(1B) “Federation” in sub-paragraph (1A) means a group of schools that are federated by virtue of Chapter 1 of Part 2 of the Education (Wales) Measure 2011 or were federated by virtue of section 24 before the coming into force of that Chapter, and “federated school” means a school forming part of a federation.

(1A) Sub-paragraph (1) does not apply if—

(a) the school is a federated school in England, and

(b) immediately after the discontinuance date, there will be more than one other school remaining in the federation.

(1B) “Federation” and “federated school” have the meanings given by section 24(2).

(2) In this paragraph “the discontinuance date” means—

(a) in relation to a school in England, whichever of the following is relevant—

(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 ...,

(ii) the date on which the school is discontinued under section 30 of the 1998 Act, ...

(iii) the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006, or

(iv) the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;

(b) in relation to a school in Wales, whichever of the following is relevant—

(i) the date on which proposals for discontinuing the school are implemented under Part 3 of the School Standards and Organisation (Wales) Act 2013,

(ii) the date on which the school is discontinued under section 80 of the School Standards and Organisation (Wales) Act 2013, or

(iii) the date specified in a direction given under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013

SCHEDULE 2

Part 1 — Community, voluntary controlled, community special and maintained nursery schools

1

The arrangements for the staffing of the school shall be determined by the local authority.

2

The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.

3

The authority shall, in connection with the exercise of their functions under paragraph 2, consult the governing body to such extent as the authority think fit.

4

In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), paragraph 2 shall have effect subject to the provisions of that section.

Part 2 — Foundation, voluntary aided and foundation special schools

5

The arrangements for the staffing of the school shall be determined by the local authority.

6

Except with the consent of the authority, the governing body shall not—

(a) appoint any teacher to work at the school, or

(b) dismiss any teacher at the school.

7

The authority may give the governing body directions—

(a) as to the educational qualifications of the teachers to be appointed for giving secular education, or

(b) requiring them to dismiss any teacher at the school;

but the authority shall not give any directions under paragraph (a) except after consulting the governing body.

8

The authority may give directions to the governing body as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.

9

Where the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control authorised by regulations under section 31) the use of those premises is or would be under the control of any such person, the reference in paragraph 8 to the governing body shall be read as a reference to that person.

10

Paragraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31).

SCHEDULE 3

Introductory

1

In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998.

Expenditure incurred for community purposes

2

(1) Section 48 of the 1998 Act ( local authorities’ financial schemes) is amended as follows.

(2) In subsection (1) after “by the authority” there is inserted “ or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) ”.

(3) In subsection (2) after paragraph (d) there is inserted—

(dd) the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures;

3

In section 50 of the 1998 Act (effect of financial delegation), in subsection (4) (meaning of “purposes of the school”) before paragraph (a) there is inserted—

(za) facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),

4

After section 51 of the 1998 Act there is inserted—

Expenditure incurred for community purposes (51A) (1) Expenditure incurred by the governing body of a maintained school in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the local authority may be recovered by them from the governing body. (2) Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any financial year. (3) Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget.

5

In Schedule 15 to the 1998 Act (suspension of financial delegation), in paragraph 1(1) (cases where local authority may suspend governing body’s right to a delegated budget) the word “or” at the end of paragraph (a) is omitted and at the end of paragraph (b) there is inserted

or (c) are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).

Teachers engaged otherwise than as employees

6

(1) Section 58 of the 1998 Act (appointment and dismissal of certain teachers at a school with a religious character) is amended as follows.

(2) In subsection (2)—

(a) for “the teaching staff of” there is substituted “ teachers at ”, and

(b) for “the teaching staff shall” there is substituted “ the teachers shall ”.

(3) In subsection (3), for “the number of the teaching staff”, in both places where it occurs, there is substituted “ the total number of teachers ”.

(4) In subsection (4), for “while holding the post of” there is substituted “ while he remains ”.

(5) In subsection (6), for the words from “may” to the end there is substituted

may— (a) in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and (b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.

(6) In subsection (9), in the definition of “reserved teacher”, after “employed” there is inserted “ or engaged ”.

7

In section 59 of the 1998 Act (staff at community, secular foundation or voluntary, or special school), in subsection (2)(b), after “employed” there is inserted “ or engaged ”.

8

(1) Section 60 of the 1998 Act (staff at foundation or voluntary school with religious character) is amended as follows.

(2) In subsection (5)(b), after “employment” there is inserted “ or engagement ”.

(3) In subsection (6), after “employed” there is inserted “ or engaged ”.

SCHEDULE 4

1

In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).

Meaning of “appeal panel”

2

In section 84(6) of the 1998 Act (interpretation of Chapter 1 of Part 3), in the definition of “appeal panel”, for “under Schedule 24 or 25” there is substituted “ in accordance with regulations under section 94(5) or 95(3) ”.

Parental preferences

3

(1) Section 86 of the 1998 Act (parental preferences) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After subsection (2) there is inserted—

(2A) Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference.

(4) In subsection (3)—

(a) at the end of paragraph (a) there is inserted “ or ”, and

(b) paragraph (b) is omitted.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Subsection (6) shall cease to have effect.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In subsection (9), for “provide for all pupils admitted to the school” there is substituted “ , or arrangements such as are mentioned in subsection (3B), provide for all pupils selected under the arrangements ”.

Children permanently excluded from two or more schools

4

In section 87 of the 1998 Act (no requirement to admit children permanently excluded from two or more schools) for subsection (4) there is substituted—

(4) However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if— (a) he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002, (b) on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided— (i) that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but (ii) that it would otherwise have been appropriate to give such a direction, or (c) he was so excluded at a time when he had not attained compulsory school age. (4A) In subsection (4) “the relevant authority” means— (a) the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or (b) a panel constituted in accordance with regulations under subsection (3)(c) of that section.

Procedure for determining admission arrangements

5

(1) Section 89 of the 1998 Act (procedure for determining admission arrangements) is amended as follows.

(2) For subsection (2) there is substituted—

(2) Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely— (a) whichever of the governing body and the local authority are not the admission authority, (b) the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed, (c) the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), and (d) the admission authorities for maintained schools of any prescribed description. (2A) Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if— (a) the admission authority are the school’s governing body, and (b) prescribed conditions are satisfied in relation to that year.

(3) In subsections (4), (5) and (6), for “bodies whom they consulted under subsection (2)” there is substituted “ appropriate bodies ”.

(4) In subsection (8), after paragraph (f) there is inserted—

(fa) requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed;

(5) After that subsection there is inserted—

(8A) The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it— (a) by giving a notice containing the information to prescribed persons, or (b) in any other prescribed manner.

(6) For subsection (9) there is substituted—

(9) Where the local authority are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5).

(7) After that subsection there is inserted—

(10) In this section “the appropriate bodies”, in relation to an admission authority, means the bodies whom they were required to consult under subsection (2), or would but for subsection (2A) have been required so to consult.

Reference of objections

6

In section 90(1)(b) of the 1998 Act (reference of objections to adjudicator or Secretary of State), for “consulted by the admission authority under section 89(2)” there is substituted “ who were, or would but for subsection (2A) of section 89 have been, required to be consulted by the admission authority under subsection (2) of that section ”.

Publication of information

7

For section 92 of the 1998 Act (publication of information about admissions) there is substituted—

(92) Regulations may— (a) require the publication by a local authority of such information relating to admissions as may be prescribed, (b) require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed, (c) require or allow the publication by the governing body of any school maintained by a local authority, or by the local authority on behalf of the governing body, of such information relating to the school as may be prescribed, and (d) make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published.

Appeal arrangements: general

8

(1) Section 94 of the 1998 Act (appeal arrangements: general) is amended as follows.

(2) After subsection (1) there is inserted—

(1A) A local authority shall make arrangements for enabling the parent of a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

(3) After subsection (2) there is inserted—

(2A) The governing body of a foundation or voluntary aided school shall make arrangements for enabling the parent of a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

(4) In subsection (3), after “(2)” there is inserted “ or (2A) ”.

(5) In subsection (4), in paragraph (a), after “(1)” there is inserted “ or (1A) ” and in paragraph (b), after “(2)” there is inserted “ or (2A) ”.

(6) In subsection (6) for “under Schedule 24” there is substituted “ pursuant to arrangements under this section ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals relating to children to whom section 87 applies

9

In section 95 of the 1998 Act (appeals relating to children to whom section 87 applies), for subsection (3) there is substituted—

(3) An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations. (3A) Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision— (a) requiring prescribed information to be given to governing bodies in prescribed circumstances, (b) as to the procedure on such appeals, (c) for the payment by the local authority of allowances to members of an appeal panel, and (d) as to the matters to which an appeal panel is to have regard in considering an appeal. (3B) Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel.

Direction to admit child to specified school

10

In section 96(1) of the 1998 Act (direction to admit child to specified school) after “section” there is inserted “ to the governing body of a school for which they are not the admission authority ”.

Procedure for giving direction under section 96

11

(1) Section 97 of the 1998 Act (procedure for giving direction under section 96) is amended as follows.

(2) For subsection (4) there is substituted—

(4) On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so— (a) where the local authority referred to in subsection (1) are the admission authority for that school, they shall— (i) admit the child to the school, and (ii) give notice in writing to the governing body and head teacher of the school of the Secretary of State’s determination, and (b) in any other case, that school shall be specified in the direction.

(3) For subsection (6) there is substituted—

(6) A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the local authority to the head teacher of the school.

Nursery education, special schools and children with statements

12

(1) Section 98 of the 1998 Act (admission for nursery education etc) is amended as follows.

(2) For subsection (2) there is substituted—

(2) The admission of children to a school for nursery education shall be disregarded— (a) for the purposes of any determination under section 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and (b) in determining for the purposes of section 89A what is a relevant age group in relation to a primary school.

(3) In subsection (3), after “Chapter” there is inserted “ apart from subsections (4A) and (4B) ”.

(4) After subsection (4) there is inserted—

(4A) The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school. (4B) Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.

(5) In subsection (8) after “this section” there is inserted “ , apart from subsections (4A) and (4B), ”.

(6) For subsection (9) there is substituted—

(9) Such children shall, in addition, be taken into account for the purposes of— (a) the references in section 86(5), (5B) and (9) to a number of pupils, and (b) any determination under section 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.

Diocesan Boards of Education Measure 1991

13.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996

14

In section 439(2) of the Education Act 1996 (c. 56) (specification of school intended to be named in a school attendance order), for “fixed in accordance with section 93 of the School Standards and Framework Act 1998 (fixing admission numbers)” there is substituted “ determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers) ”.

SCHEDULE 5

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

Interpretation of Schedule

1

(1) In this Schedule—

“the appropriate authority” means— where this Schedule applies by virtue of a notice under section 16A(1), the local education authority who gave the notice, and where this Schedule applies by virtue of a notice under section 18A(1), the Secretary of State;

“existing governors”, in relation to a school in respect of which a notice under section 16A(1) or 18A(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 under section 16A(1) or 18A(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 19 of the Education Act 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 appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of the Education Act 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

(b) the members of the governing body as so constituted are referred to as “interim executive members”.

Effect of notice under section 16A(1) or 18A(1)

3

(1) On the date specified in the notice under section 16A(1) or 18A(1), the existing governors shall vacate office.

(2) Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member.

(3) During the interim period, any reference in any provision contained in, or made under, the Education Acts to a governor or foundation governor of a school shall have effect, in relation to the school, as a reference to an interim executive member.

(4) During the interim period, section 83 (modification of provisions making governors of foundation or voluntary school ex officio trustees) shall have effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members.

Interim executive members

4

(1) The number of interim executive members must not be less than two.

(2) The initial appointment of interim executive members shall be made so as to take effect on the date specified in the notice under section 16A(1) or 18A(1).

(3) The appropriate authority may appoint further interim executive members at any time during the interim period.

5

(1) Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of his appointment.

(2) An interim executive member—

(a) shall hold office in accordance with the terms of his appointment and subject to paragraph 18, and

(b) may at any time be removed from office by the appropriate authority for incapacity or misbehaviour.

(3) The terms of appointment of an interim executive member may provide for his appointment to be terminable by the appropriate authority by notice.

Duty of appropriate authority to inform other persons

6

(1) The appropriate authority shall give a copy of the notice under section 16A(1) or 18A(1) and of every instrument of appointment of an interim executive member—

(a) to every interim executive member,

(b) to every existing governor of the school,

(d) where the Secretary of State is the appropriate authority, to the local education authority,

(e) in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, to the appropriate diocesan authority, and

(f) in the case of any other foundation or voluntary school, to the person or persons by whom the foundation governors are appointed.

(2) A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment.

Power to specify duration of interim period

7

The appropriate authority may in the notice under section 16A(1) or 18A(1) specify the duration of the interim period.

Chairman

8

The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.

Remuneration and allowances

9

The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.

Duty of interim executive board

10

(1) During the interim period, the interim executive board shall conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school.

(2) Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.

Proceedings of interim executive board

11

(1) The interim executive board may determine their own procedure.

(2) The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.

Effect on suspension of delegated budget

12

(1) If immediately before the date specified in a notice under section 16A(1) or 18A(1) the school does not have a delegated budget, the suspension of the governing body’s right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date.

(2) If a notice under paragraph 1 of Schedule 15 (suspension of delegated budget for mismanagement etc.) has been given to the governing body before the date specified in a notice under section 16A(1) or 18A(1) but has not yet taken effect, the notice shall cease to have effect on that date.

(3) During the interim period, the local education authority may not exercise the power conferred by section 17 (power to suspend right to delegated budget).

(4) Sub-paragraph (1) is to be construed in accordance with section 49(7).

Exclusion of certain statutory provisions

13

(1) Regulations made by virtue of subsection (2) or (3) of section 19 of the Education Act 2002 (governing bodies) shall not apply in relation to the interim executive board.

(2) The instrument of government of the school shall not, so far as it relates to the constitution of the governing body, have effect in relation to the interim executive board.

14

During the interim period—

(a) the local education authority may not exercise any power conferred by section 16 (power to appoint additional governors), and

(b) the Secretary of State may not exercise any power conferred by section 18 (power to appoint additional governors).

Closure of school

15

(1) At any time during the interim period, the interim executive board may, if they think fit, make a report to the local education authority and the Secretary of State recommending that the school be discontinued, and stating the reasons for that recommendation.

(2) The interim executive board may not—

(a) publish under section 29(2) proposals to discontinue the school, or

(b) serve notice under section 30(2).

16

(1) Where during the interim period—

(a) the Secretary of State gives a direction under section 19(1) or 32(1) in relation to the school, or

(b) the local education authority determine to discontinue the school,

the interim period shall continue until the discontinuance date, even where it would otherwise end before that date.

(2) In this paragraph “the discontinuance date” means—

(a) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6,

(b) the date on which the school is discontinued under section 30, or

as the case may be.

Notice of resumption of government by normally constituted governing body

17

(1) Where—

(a) the notice under section 16A(1) or 18A(1) did not specify the duration of the interim period, and

(b) paragraph 16 does not apply,

the appropriate authority may give notice to the persons mentioned in sub-paragraph (2) specifying a date on which the governing body are to become a normally constituted governing body.

(2) The persons referred to in sub-paragraph (1) are—

(a) every interim executive member,

(b) where the local education authority are the appropriate authority, the Secretary of State,

(d) in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(e) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

Time when interim executive members cease to hold office

18

(1) The interim executive members shall vacate office—

(a) in a case where paragraph 16 applies, on the discontinuance date within the meaning of that paragraph,

(b) in a case where that paragraph does not apply and the notice under section 16A(1) or 18A(1) specified the duration of the interim period, at the end of the specified period, and

(2) Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of his appointment.

Establishment of normally constituted governing body

19

(1) Where interim executive members are to vacate office on the date referred to in paragraph 18(1)(b) or (c), the local education authority shall make arrangements providing for the constitution of the governing body on and after that date.

(2) Regulations may make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition—

(a) modify any provision made under any of sections 19, 20 and 23 of the Education Act 2002 or by Schedule 1 to that Act,

(b) apply any such provision with or without modifications, and

(3) The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.

SCHEDULE 7

Part 1 — Land

1

In the Education Act 1996 (c. 56), the following Schedule is inserted after Schedule 35—

SCHEDULE 35A (1) (1) The Secretary of State may make a scheme in relation to land if these requirements are met— (a) a local authority holds a freehold or leasehold interest in the land when the scheme is made; (b) at any time in the period of eight years ending with the day on which the scheme is made the land was used wholly or mainly for the purposes of a county school or community school; (c) at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used; (d) before making the scheme the Secretary of State consulted the authority. (2) The Secretary of State may also make a scheme in relation to land if these requirements are met— (a) a local authority holds a freehold or leasehold interest in the land when the scheme is made; (b) the land forms the whole or part of a site specified in a notice published under section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education) as a possible site for a new school; (c) before making the scheme, the Secretary of State consulted the authority. (3) These requirements must be met as regards a scheme under sub-paragraph (1) or (2)— (a) the scheme must provide for a transfer of the authority’s interest in the land or in such part of it as is specified in the scheme; (b) the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of an Academy; (c) the transfer must be made to the transferee for the purposes of the Academy; (d) in the case of a scheme under sub-paragraph (2), the Academy must have been the subject of proposals published under section 70 of the Education Act 2002; (e) the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned. (4) In sub-paragraph (3) the reference to a right or liability— (a) includes a reference to a right or liability as a trustee, but (b) excludes a reference to a liability in respect of the principal of or interest on a loan. (5) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. (6) A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b). (7) A scheme comes into force— (a) on the day it specifies for it to come into force, or (b) on the day it otherwise identifies as the day for it to come into force. (8) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies. (9) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person. (2) (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it, and (c) at any time in the period of eight years ending with the day on which the disposal, contract or option is proposed to be made, entered into or granted, the land was used wholly or mainly for the purposes of a county school or community school. (2) Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option. (3) Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph. (4) Sub-paragraph (2) does not apply to— (a) a disposal in favour of a person for the purposes of an Academy and for no consideration; (b) a contract to make such a disposal; (c) a grant of an option for a person to make an acquisition for the purposes of an Academy and for no consideration. (5) A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2). (6) A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given. (3) (1) This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2). (2) In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised. (3) In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed. (4) A repudiation under sub-paragraph (2) or (3) has effect— (a) when the notice is served, and (b) as if the repudiation were made by the authority. (5) In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily. (6) The Acquisition of Land Act 1981 (c. 67) is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5). (7) On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy. (8) If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of— (a) the compensation agreed or awarded in respect of the purchase, (b) any interest payable by him in respect of the compensation, and (c) the costs and expenses incurred by him in connection with the making of the compulsory purchase order. (9) The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5). (4) (1) For the purposes of paragraphs 2 and 3— (a) references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest; (b) references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest. (2) If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest. (5) (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972 (c. 70), and (c) at any time in the period of eight years ending with the day on which the appropriation is proposed to be made the land was used wholly or mainly for the purposes of a county school or community school. (2) Unless the Secretary of State consents, the authority must not make the appropriation. (6) (1) This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2). (2) The Secretary of State may purchase the interest concerned compulsorily. (3) Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5). (7) (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school, and (c) at any time in the period of eight years ending with the date of the proposed change of use the land was used wholly or mainly for the purposes of a county school or community school. (2) The authority must inform the Secretary of State of the proposal. (8) (1) This paragraph applies if— (a) a freehold or leasehold interest in land is transferred from a local authority on or after 28th July 2000, (b) the transfer is made to a person for the purposes of an Academy, and (c) the first or the second condition set out below is satisfied. (2) The first condition is that— (a) the school concerned ceases to be an Academy, and (b) immediately before the school ceases to be an Academy the interest is held by a person for the purposes of the Academy. (3) The second condition is that, although the school concerned continues to be an Academy, the interest ceases to be held for the purposes of the Academy. (4) This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1. (5) Sub-paragraph (2) applies whether or not, on the school ceasing to be an Academy, it simultaneously ceases to function as a school. (6) The Secretary of State may make a scheme providing for the transfer of the interest— (a) from the person holding it; (b) to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made. (7) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. (8) A scheme comes into force on the day it specifies for it to come into force. (9) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies. (10) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person. (9) Where— (a) a freehold or leasehold interest in land is transferred for no consideration from a local authority to a person for the purposes of an Academy (whether or not by virtue of a scheme under paragraph 1), and (b) at any time on or after the day on which this Schedule comes into force the authority is granted an option to make a re-acquisition of the interest (subject to whatever conditions), the rule against perpetuities does not apply to the option. (10) (1) Where a lease is granted by or transferred from a local authority to a person for the purposes of an Academy on or after the day on which this Schedule comes into force, section 153 of the Law of Property Act 1925 (c.20) (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease. (2) Section 123(2) of the Local Government Act 1972 (c. 70) (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of an Academy. (3) Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made— (a) to a person for the purposes of an Academy, and (b) for no consideration. (4) Section 77(1) of the School Standards and Framework Act 1998 (c. 31) (restriction on disposal of playing fields) does not apply to a disposal which is made— (a) by a local authority (within the meaning of that section) to a person for the purposes of an Academy, and (b) for no consideration. (11) Regulations under this Schedule may in particular include— (a) provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1; (b) provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1; (c) provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1; (d) provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land; (e) provision treating such an authority as having given acknowledgement in writing of the right to production of documents; (f) provision that consent under paragraph 2 is to be sought in a specified way; (g) provision that information is to be given under paragraph 7 in a specified way. (12) For the purposes of paragraphs 2(2) and 5(2), the consent of the Secretary of State— (a) may be given in relation to a particular case or class of case, and (b) may be given subject to conditions. (13) A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.

Part 2 — Miscellaneous

Environmental Protection Act 1990 (c. 43)

2

In section 98 of the Environmental Protection Act 1990 (definitions), in subsection (2)(e), for the words from “city academy” to “1996” there is substituted “ Academy ”.

Diocesan Boards of Education Measure 1991 (1991 No. 2)

3.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further and Higher Education Act 1992 (c. 13)

4

In section 54 of the Further and Higher Education Act 1992 (duty to give information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.

Disability Discrimination Act 1995 (c. 50)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996 (c. 56)

6

(1) The Education Act 1996 has effect subject to the following amendments.

(2) In section 2 (definition of “secondary education” etc), in subsection (2A)(a), after “local authority” there is inserted “ or is an Academy ”.

(3) In section 316 (children with special educational needs), in subsection (4)(b)(iii), for “a city academy” there is substituted “ an Academy ”.

(4) In section 483A (special educational needs)—

(a) in subsection (2)(b), for “a city academy” there is substituted “ an Academy ”, and

(b) subsection (7) shall cease to have effect.

(5) In section 537 (power to require information), in subsection (7)(b), for “city academy” there is substituted “ Academy ”.

(6) In section 541 (power to require provision of information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.

(7) In section 550B (detention), in subsection (2)(c), for “city academy” there is substituted “ Academy ”.

(8) In section 580 (index), at the appropriate place in the table there is inserted—

Academy	section 482

School Inspections Act 1996 (c. 57)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1997 (c. 44)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School Standards and Framework Act 1998 (c. 31)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Learning and Skills Act 2000 (c. 21)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

Introductory

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure before approval by Secretary of State

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of proposals for maintained schools

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Negotiations to establish an Academy

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to implement proposal to establish maintained school

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposal relating to community school

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposal relating to foundation or voluntary controlled schools

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposal relating to voluntary aided schools

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposal relating to Academies

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

SCHEDULE 10

Proposals for establishment, alteration and discontinuance of schools

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals for rationalisation of school places

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals in relation to sixth forms

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

Membership

1

There shall be not less than five or more than nine members of the Body (including the chairman).

2

A member shall hold and vacate office in accordance with the terms of his appointment (subject to the following provisions of this Schedule).

3

A member may resign by notice in writing to the Secretary of State.

4

The Secretary of State may by notice in writing dismiss a member if the member—

(a) is made bankrupt or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),

(b) enters into an arrangement with his creditors, or

(c) is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his duties whether by reason of physical or mental illness or otherwise.

5

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for the entry relating to the body established under the School Teachers’ Pay and Conditions Act 1991 (c. 49) there shall be substituted the following—

Member, in receipt of remuneration, of the School Teachers’ Review Body.

Chairman

6

The chairman may by notice in writing to the Prime Minister—

(a) resign as chairman, or

(b) resign as chairman and as a member of the Body.

7

Paragraph 4 shall apply to the chairman and for that purpose—

(a) a reference to the Secretary of State shall be taken as a reference to the Prime Minister, and

(b) the power may be exercised so as to dismiss the chairman only from that office or also from membership of the Body.

8

If the chairman ceases to be a member of the Body he also ceases to be chairman.

Deputy Chairman

9

The Secretary of State may appoint a member of the Body to act as deputy chairman.

10

The deputy chairman may by notice in writing to the Secretary of State—

(a) resign as deputy chairman, or

(b) resign as deputy chairman and as a member of the Body.

11

If the deputy chairman ceases to be a member of the Body he also ceases to be deputy chairman.

Money

12

(1) This paragraph applies to—

(a) a member of the Body;

(b) the chairman;

(2) The Secretary of State may pay remuneration and allowances to a person to whom this paragraph applies.

(3) The Secretary of State may make payments to or in respect of a person to whom this paragraph applies by way of or in connection with—

(a) a pension;

(b) an allowance or gratuity on retirement or death.

(4) The Secretary of State may pay compensation to a person who ceases to be a member of the Body if the Secretary of State thinks it right by reason of special circumstances.

Proceedings

13

The Body shall determine their own proceedings (including any provision for a quorum).

14

The validity of proceedings of the Body shall not be affected by—

(a) a vacancy in the membership,

(b) a vacancy in the position of chairman, or

Transitional provision

15

An appointment made by the Prime Minister under section 1(1) of the School Teachers’ Pay and Conditions Act 1991 (c. 49) shall continue to have effect, subject to paragraphs 3, 4 and 6 to 11, after the commencement of this Schedule.

SCHEDULE 12

Part 1 — Amendments of Teaching and Higher Education Act 1998

1

The Teaching and Higher Education Act 1998 (c. 30) is amended as follows.

2

In section 2 (which relates to the advisory functions of the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales), in subsection (2) before the word “and” immediately following paragraph (e) there is inserted—

(ee) the supply of teachers; (ef) the retention of teachers within the teaching profession; (eg) the standing of the teaching profession;

3

(1) Section 3 (which relates to the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.

(2) In subsection (1) for “a register of teachers” there is substituted “ a register for the purposes of this Chapter ”.

(3) In subsection (2), for “registration” there is substituted “ full or provisional registration ”.

(4) In subsection (3) for “registration”, where first occurring and in paragraph (b), there is substituted “ full registration ”.

(5) After subsection (3) there is inserted—

(3A) A person is eligible for provisional registration if he satisfies such conditions as may be prescribed. (3B) A person is not eligible for provisional registration or full registration unless at the relevant time the Council are or were satisfied as to his suitability to be a teacher. (3C) In subsection (3B) “the relevant time” means— (a) in relation to an applicant for provisional registration or an applicant for full registration who is already registered with provisional registration, the time of provisional registration, or (b) in the case of an applicant for full registration who is not already registered with provisional registration, the time of full registration. (3D) Regulations may provide that any prescribed description of person is, or is not, to be taken to be suitable to be a teacher.

(6) In subsection (4), for “registration” there is substituted “ full registration ”.

4

(1) Section 4 (which relates to regulations about the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.

(2) In subsection (2), after paragraph (b) there is inserted—

(ba) the service on applicants for registration of notice of the Council’s decision to grant or refuse the application and, in the case of a refusal, of the grounds on which the decision was taken and (where applicable) of the applicant’s right to appeal against the decision under section 4A;

(3) After subsection (4) there is inserted—

(4A) The Council, in exercising any power to fix fees authorised by virtue of subsection (4), shall have regard to the expenditure of the Council in exercising— (a) their functions under this Act relating to registration, and (b) all other functions conferred on them under this Act or any other enactment.

(4) After subsection (5) there is inserted—

(6) In this section “registration” means full registration or provisional registration.

5

After section 4 there is inserted—

(4A) (1) Regulations shall make provision for conferring on a person aggrieved by a decision made on relevant grounds to refuse an application made by him for registration under section 3 a right to appeal against the decision to the High Court within 28 days from the date on which notice of the decision is served on him. (2) The reference in subsection (1) to a decision made on relevant grounds is to a decision made on the ground that at the relevant time the Council were not satisfied of the applicant’s suitability to be a teacher. (3) On such an appeal the Court may make any order which appears appropriate. (4) No appeal shall lie from any decision of the Court on such an appeal.

6

After section 6 there is inserted—

(6A) (1) The Council may undertake activities designed to promote the standing of the teaching profession. (2) Without prejudice to the generality of subsection (1), such activities may include— (a) giving advice, (b) organising conferences and lectures, and (c) arranging for the publication of material in any form.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In section 12 (deduction of fees from salaries etc) in subsection (4), after “section—” there is inserted—

“registration” means full registration or provisional registration;

9

In section 42 (orders and regulations), in subsection (2) (a) (orders subject to negative resolution procedure), after “section 7 or 8” there is inserted “ or paragraph 18 of Schedule 1 ”.

10

In section 43(1) (general interpretation), in the definition of “registered teacher” after “section 3” there is inserted “ with full or provisional registration ”.

11

In Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted—

(18) (1) The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of removing or relaxing any control exercisable by him by virtue of any of the provisions of this Schedule specified in sub-paragraph (2). (2) Those provisions are— (a) paragraph 2(3), (b) paragraph 4, (c) paragraph 5, (d) paragraph 6, (e) paragraph 11 (f) paragraph 14(2).

12

(1) Schedule 2 (disciplinary powers of Council) is amended as follows.

(2) For paragraph 4 (suspension orders) there is substituted—

(4) (1) Where a suspension order is made in relation to a person— (a) he shall cease to be eligible for registration under section 3, and (b) if he is a registered person at the time when the order is made, his name shall be removed from the register accordingly, but, subject to sub-paragraph (2), he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order. (2) A suspension order may specify conditions to be complied with by the person to whom the order relates and where it does so— (a) that person shall become eligible again for registration under section 3 at the end of the period specified under sub-paragraph (1) only if he has then complied with the conditions; and (b) if he has not then complied with the conditions, he shall not become so eligible again until he has complied with the conditions. (3) Sub-paragraphs (a) and (b) of paragraph 3(2) apply in relation to a suspension order as they apply in relation to a conditional registration order. (4) A person in relation to whom conditions have been specified in a suspension order may, in accordance with regulations, apply to the Council for them to vary or revoke any of the conditions.

(3) In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted—

(1A) References in this Schedule to registration under section 3 are references to registration under that section with full or provisional registration.

Part 2 — Amendments of other enactments

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

1

In section 79B of the Children Act 1989 (c. 41) (persons qualified for registration for child minding or day care), after subsection (5) there is inserted—

(5A) Where, for the purposes of determining a person’s qualification for registration under this Part— (a) the registration authority requests any person (“A”) to consent to the disclosure to the authority by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and (b) A does not give his consent (or withdraws it after having given it), the registration authority may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.

Suspension of registration

2

In section 79H of that Act (suspension of registration), after subsection (2) there is inserted—

(3) A person registered under this Part for child minding by the Chief Inspector shall not act as a child minder in England at a time when that registration is suspended in accordance with regulations under this section. (4) A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended. (5) A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended. (6) If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Rights of appeal in relation to registration

3

(1) Section 79M of that Act (appeals) is amended as follows.

(2) In subsection (1), after paragraph (b) there is inserted

or (c) a determination made by the registration authority under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,

(3) In subsection (2)(a), after “order” there is inserted “ or determination ”.

Inspections by Chief Inspector

4

(1) Section 79Q of that Act (inspection of childminding and day care) is amended as follows.

(2) In subsection (2), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any child minding provided in England by a registered person ”.

(3) In subsection (3), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any day care provided by a registered person on any premises in England ”.

Rights of entry etc.

5

(1) Section 79U of that Act (rights of entry etc.) is amended as follows.

(2) In subsection (1), for “An authorised inspector” there is substituted “ Any person authorised for the purposes of this subsection by the registration authority ”.

(3) In subsection (2), for “an authorised inspector” there is substituted “ a person who is authorised for the purposes of this subsection by the registration authority ”.

(4) After that subsection there is inserted—

(2A) Authorisation under subsection (1) or (2)— (a) may be given for a particular occasion or period; (b) may be given subject to conditions.

(5) In subsection (3), for the words from “An inspector” to “may-” there is substituted “ A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))— ”.

(6) Subsection (5) shall cease to have effect.

(7) In subsection (9), the definition of “authorised inspector” shall cease to have effect.

Disqualification for registration

6

In paragraph 4 of Schedule 9A to that Act (disqualification for registration for child minding and day care), after sub-paragraph (3) there is inserted—

(3A) Regulations under this paragraph may provide for a person not to be disqualified for registration by reason of any fact which would otherwise cause him to be disqualified if— (a) he has disclosed the fact to the registration authority, and (b) the registration authority has consented in writing to his registration and has not withdrawn that consent.

Disclosure of criminal record

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14

Conduct of inspections by Inspectorate

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration of inspectors

2

(1) Paragraph 8 of that Schedule (registration of inspectors) is amended as follows.

(2) In sub-paragraph (3), for “(5)(c)” there is substituted “ (5B) ”.

(3) For sub-paragraphs (4) and (5) there is substituted—

(4) Subject to that, the Chief Inspector shall register such persons as he considers appropriate. (5) The factors which the Chief Inspector may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of England and Wales. (5A) The Chief Inspector may require payment of a fee before registering a person under sub-paragraph (4). (5B) Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector considers it appropriate to impose.

(4) In sub-paragraphs (6) and (7), for “(5)(c)” there is substituted “ (5B) ”.

(5) Sub-paragraph (9) shall cease to have effect.

3

In paragraph 9 of that Schedule (removal from register), in sub-paragraphs (2)(c) and (4), for “paragraph 8(5)(c)” there is substituted “ paragraph 8(5B) ”.

4

In section 79P(3) of the Children Act 1989 (c. 41) (early years child care inspectorate), for “to (9)” there is substituted “ to (8) ”.

Appeals

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15

Introductory

1

Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.

Establishment of education action zones

2

(1) In section 10, in subsection (1) for “maintained schools” there is substituted “ eligible schools ”.

(2) After that subsection there is inserted—

(1A) For the purposes of subsection (1) “eligible school” means— (a) a maintained school; (b) a nursery school; (c) a pupil referral unit; or (d) an independent school.

(3) Subsection (3) of that section is omitted.

(4) In subsection (4) of that section, for “, (2) or (3)” there is substituted “ or (2) ”.

(5) In subsection (6) of that section, for paragraphs (a) and (b) there is substituted—

(a) references to a governing body— (i) in relation to an independent school (other than an Academy, city technology college or city college for the technology of the arts), are to the proprietor of the school, and (ii) in relation to a new school, include the temporary governing body of the school; (b) “participating school”, in relation to an education action zone, means one of the schools that— (i) for the time being is included in the order under subsection (1), or (ii) has been added to the zone by virtue of section 11B, other than a school that has been removed from the zone in accordance with section 11C; (c) “pupil referral unit” has the same meaning as in section 19 of the Education Act 1996 (c. 56); (d) “new school” has the meaning given in section 72(3).

(6) Subsection (7) of that section is omitted.

Constitution of Education Action Forum

3

In section 11, the following provisions are omitted—

(a) in subsection (2) the words from “and” to the end, and

(b) subsection (3).

4

After that section there is inserted—

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