Education and Skills Act 2008

• (4) Where an offence under this Chapter committed by an unincorporated body other than a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, that person (as well as the body) is guilty of the offence and liable to be proceeded against and punished accordingly.

• (5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

Service of notice etc

137

For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered independent educational institution may be given to or served on the proprietor by delivering it to the registered address of the institution.

Interpretation of Chapter

138

• (1) In this Chapter—

• “an action plan” has the meaning given by section 114(4);

• “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• “early years provision” has the meaning given by section 96(2) of the Childcare Act 2006 (c. 21);

• “independent educational institution standards” has the meaning given by section 94;

• “an independent inspectorate” has the meaning given by section 106;

• “a material change”, in relation to an independent educational institution, has the meaning given by section 101;

• “proprietor”, in relation to an institution, means the person or body of persons responsible for the management of the institution;

• “the register” means the register of independent educational institutions in England (see section 95);

• “registered” means entered in the register;

• “relevant restriction” has the meaning given by section 117;

• “student” means—in relation to an independent school, a pupil (for the meaning of “pupil” see section 3 of the Education Act 1996 (c. 56));in relation to an institution within section 92(1)(b), a person for whom the institution provides part-time education within the meaning of that provision or full-time education;

• “the Tribunal” has the meaning given by section 124(5).

• (2) In section 98 the reference to the proprietor of an independent educational institution includes the proprietor of an institution that it is proposed should become an independent educational institution (and accordingly the information required by subsection (3) of that section, in the case of such a proprietor, is information about the institution as it is proposed to be).

Transitional provision

Continuity of the law

139

• (1) This section applies where—

• (a) by virtue of one or more amendments made by paragraphs 15 to 24 of Schedule 1, a provision of or made under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) (“the old provision”) that applied in relation to independent schools in England has ceased so to apply, and

• (b) a provision of or made under this Chapter (“the new provision”) re-enacts, with or without modification, the old provision as it so applied.

• (2) The amendment or amendments mentioned in subsection (1)(a) and the re-enactment mentioned in subsection (1)(b) do not affect the continuity of the law.

• (3) Anything done (including any subordinate legislation made), or having effect as if done, under or for the purposes of the old provision that—

• (a) could have been done under or for the purposes of the new provision (had the new provision then been in force), and

• (b) is in force or effective immediately before the coming into force of the new provision,

has effect from that time as if done under or for the purposes of the new provision.

• (4) Any reference (express or implied) in this Chapter or any other enactment, instrument or document to the new provision is to be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the old provision had effect, a reference to the old provision.

• (5) Any reference (express or implied) in any enactment, instrument or document to the old provision is to be construed (so far as the context permits), as respects times, circumstances and purposes in relation to which the new provision has effect, as being or (according to the context) including a reference to the new provision.

• (6) This section has effect subject to any specific transitional provision of or made under this Act.

• (7) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

The register and fees

140

• (1) On the coming into force of section 95, the register of independent schools in England becomes the register of independent educational institutions in England.

• (2) The power in section 111(3)(d) to make provision prescribing circumstances in which the amount of a fee may be waived includes power to make such provision in relation to a fee (or any part of a fee) payable by virtue of section 162B(6) of the Education Act 2002 (fees payable to Chief Inspector).

Prohibition on participation in management

141

• (1) A person falls within this subsection if—

• (a) immediately before the relevant day the person is subject to a direction under section 142 of the Education Act 2002 (c. 32) given on grounds prescribed for the purposes of this section, and

• (b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006 (c. 47)) are satisfied in relation to the person.

• (2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of the Education Act 2002 were a direction given by the appropriate authority under section 128 of this Act.

• (3) Regulations under this section may make provision in connection with the determination of any appeal under subsection (1) of section 144 of the Education Act 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.

• (4) Regulations made by virtue of subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of the Education Act 2002 to be treated as an appeal under section 129 of this Act.

• (5) In this section—

• “appropriate authority” has the same meaning as in sections 128 to 131 (see section 128(6));

• “the relevant day” means the day on which section 128 comes into force.

Chapter 2 — Schools providing for special educational needs

Non-maintained special schools in England

Interpretation

142

• (1) For section 337 of the Education Act 1996 (c. 56) (special schools) and the italic heading preceding it substitute—

(337) A school is a special school if— (a) it is specially organised to make special educational provision for pupils with special educational needs, and (b) in the case of a school that is not maintained by a local authority, it is approved under section 342. (337A) In this Chapter— - “a non-maintained special school” means a school that is approved under section 342; - “the appropriate national authority” means— 1. in relation to a school in England, the Secretary of State; 2. in relation to a school in Wales, the Welsh Ministers.

• (2) Section 342 of that Act (approval of non-maintained special schools) is amended as follows.

• (3) In subsection (1)—

• (a) for “Secretary of State” substitute “ appropriate national authority ”;

• (b) omit “his”.

• (4) In subsection (5)(a) for “Secretary of State” substitute “ appropriate national authority ”.

Right of sixth-form pupils to opt out of religious worship

143

• (1) Section 342 of the Education Act 1996 is amended as follows.

• (2) After subsection (5) insert—

(5A) Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section— (a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and (b) attends religious worship unless withdrawn from attendance at such worship— (i) in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and (ii) in any other case, in accordance with the wishes of the pupil's parent. (5B) In subsection (5A) “a sixth-form pupil” means a pupil who— (a) has ceased to be of compulsory school age, and (b) is receiving education suitable to the requirements of pupils over compulsory school age.

• (3) In subsection (6) for “special school” substitute “ school in Wales that is ”.

Protection of pupils in an emergency

144

After section 342 of the Education Act 1996 (c. 56) insert—

(342A) (1) Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342. (2) Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in— (a) section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or (b) section 122 of that Act (notification).

Appeals

145

After section 342A of the Education Act 1996 (inserted by section 144) insert—

(342B) (1) Regulations may make provision for an appeal against a decision of the Secretary of State— (a) to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor; (b) not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school. (2) In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a). (3) Regulations under this section must provide that an appeal brought by virtue of this section— (a) lies to the First-tier Tribunal, and (b) must be brought by the proprietor of the school in question. (4) The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which— (a) an appeal against the decision could be brought, or (b) where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of. (342C) (1) Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency). (2) The regulations must provide that an appeal brought by virtue of this section— (a) lies to the First-tier Tribunal, and (b) must be brought by the proprietor of the school in question.

Independent schools in England

Abolition of requirement of approval for independent schools: England

146

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

Approval of independent schools: consequential amendments

147

• (1) Section 349 of the Education Act 1996 (c. 56) (variation of trust deeds by order) is amended as follows.

• (2) In subsection (1)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) omit “or 347”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Section 483A of that Act (city colleges and academies: special educational needs) is amended as follows.

• (5) For subsection (3)(a) and (b) substitute—

(a) the statement is maintained by a local authority in England, or (b) the statement is maintained by a local authority in Wales and the Welsh Ministers consent to the child being educated at the school.

• (6) In subsection (4) of that section for “The Secretary of State” substitute “ The appropriate national authority ”.

• (7) At the end of that section add—

(6A) In subsection (4) “the appropriate national authority” means— (a) in relation to a school in England, the Secretary of State; (b) in relation to a school in Wales, the Welsh Ministers.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of independent schools: transitional provision

148

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

Part 5 — Miscellaneous and general

Chapter 1 — Powers of National Assembly for Wales

Powers of National Assembly for Wales

149

• (1) In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly Measures), field 5 (education and training) is amended as follows.

• (2) After matter 5.4 insert—

Matter 5.4A The regulation of— (a) schools that are not maintained by local authorities ; (b) relevant independent educational institutions.

• (3) In matter 5.15 after “The inspection of—” insert—

(za) schools; (zb) relevant independent educational institutions;

.

• (4) In that matter, for paragraph (b) substitute—

(b) pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);

.

• (5) In matter 5.16 for “, any of the kinds of education, training or services mentioned in matter 5.15.” substitute

— (a) pre-16 education or training; (b) post-16 education or training; (c) the training of teachers and specialist teaching assistants for schools; (d) services of the kinds mentioned in matter 5.8.

• (6) After the definition of “post-16 training” insert—

“pre-16 education or training” means education or training suitable to the requirements of persons who are of or below compulsory school age; “relevant independent educational institution” means an institution other than a school which— (a) provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and (b) would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time. For the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if— (a) it provides education for the person, and (b) the education does not amount to full-time education.

Chapter 2 — Miscellaneous

School admissions

Sixth form admissions etc

150

After section 86 of the School Standards and Framework Act 1998 (c. 31) (parental preferences) insert—

(86A) (1) A local authority shall make arrangements for enabling— (a) a child in the authority's area to express a preference as to the school at which he wishes sixth form education to be provided for him in the exercise of the authority's functions, (b) a parent of such a child to express a preference as to the school at which he wishes sixth form education to be so provided for his child, (c) a relevant child to express a preference as to the school at which he wishes education other than sixth form education to be provided for him in the exercise of the authority's functions, and (d) a parent of such a child to express a preference as to the school at which he wishes such education to be so provided for his child, and, in each case, for enabling the person expressing the preference to give reasons for his preference. (2) In subsection (1), “relevant child”, in relation to a local authority and any education, means a child in the authority's area who— (a) has ceased to be of compulsory school age, or (b) will have ceased to be of compulsory school age before the education in question is provided for him. (3) Arrangements made under subsection (1) shall allow— (a) a person who is to be able to express a preference under any of paragraphs (a) to (d) of that subsection to express preferences for more than one school; (b) preferences to be expressed, in relation to a child, by both the child and a parent of his. (4) Where— (a) the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, and (b) a child (whether or not in the area of the authority maintaining the school) or his parent makes such an application, that person shall be regarded for the purposes of this Chapter as having expressed a preference for that school in accordance with arrangements made under subsection (1). (86B) (1) Subject to subsections (2) and (4) and section 87, the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under section 86A(1). (2) The duty imposed by subsection (1) does not apply if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources. (3) Subsections (5) to (5B) of section 86 apply for the purpose of determining whether any prejudice should be taken to arise for the purposes of subsection (2), but with the substitution of references to that subsection for references to subsection (3)(a) of section 86. (4) The duty imposed by subsection (1) does not apply in a case where a preference is expressed in relation to sixth form education if— (a) the relevant selection arrangements for the preferred school are wholly based on selection by reference to ability or aptitude, and (b) compliance with the preference would be incompatible with selection under those arrangements. (5) Where the relevant selection arrangements for a school provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of subsection (4)(a) to be wholly based on selection by reference to ability or aptitude whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group. (6) In this section “the relevant selection arrangements”, in relation to a school, means— (a) the arrangements for admission to the school for sixth form education, or (b) those arrangements and the arrangements for entry to the sixth form of children who have been admitted to the school.

Admission arrangements

151

• (1) The School Standards and Framework Act 1998 (c. 31) is amended as follows.

• (2) After section 88 insert— “ Admission arrangements: England ”

• (3) In section 88A (prohibition on interviews), in subsections (1) and (3), after “maintained school” insert “ in England ”.

• (4) After section 88A insert—

(88B) (1) Regulations may require the admission authorities for maintained schools in England to include in their admission arrangements such provision relating to the admission of children who are looked after by a local authority in England as may be prescribed. (2) Regulations under subsection (1) may in particular include provision for securing that, subject to sections 86(3), 86B(2) and (4) and 87, such children are to be offered admission in preference to other children. (88C) (1) The admission authority for a maintained school in England must, before the beginning of each school year, determine in accordance with this section the admission arrangements which are to apply for that year. (2) The admission authority must, before determining the admission arrangements that are to apply for a year, carry out such consultation about the proposed arrangements as may be prescribed. (3) Regulations under subsection (2) may in particular make provision— (a) specifying persons who must be consulted, or who must be consulted about prescribed provisions of proposed arrangements; (b) specifying provisions of proposed arrangements about which any such consultation is to be carried out; (c) specifying matters to which any such consultation is, or is not, to relate; (d) as to the manner in which, and the time by which, any such consultation is to be carried out. (4) When the admission authority have determined the admission arrangements that are to apply for a year, they must notify the appropriate bodies of those admission arrangements. (5) Regulations may make provision— (a) as to the manner in which, and the time by which, any such notification is to be given; (b) specifying cases in which subsection (4) does not apply. (88D) (1) A determination under section 88C by the admission authority for a maintained school in England of the admission arrangements which are to apply for a school year must include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year. (2) Such a determination under section 88C may also, if the school is one at which boarding accommodation is provided for pupils, include— (a) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and (b) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders. (3) Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school to have regard, in making any such determination, to— (a) any prescribed method of calculation, and (b) any other prescribed matter. (4) References in this section to the determination of any number include references to the determination of zero as that number. (88E) (1) Subsection (2) applies where an admission authority— (a) have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, but (b) at any time before the end of that year consider that the arrangements should be varied in view of a major change in circumstances occurring since they were so determined. (2) The authority must— (a) refer their proposed variations to the adjudicator, and (b) notify the appropriate bodies of the proposed variations. (3) Subsection (2)(a) does not apply in a case where the authority's proposed variations fall within any description of variations prescribed for the purposes of this subsection. (4) Where the local authority are the admission authority for a community or voluntary controlled school, they must consult the governing body before making any reference under subsection (2)(a). (5) On a reference under subsection (2)(a), the adjudicator must consider whether the admission arrangements should have effect with the proposed variations until the end of the school year in question. (6) If the adjudicator determines— (a) that the arrangements should so have effect, or (b) that they should so have effect subject to such modification of those variations as the adjudicator may determine, the arrangements are to have effect accordingly as from the date of the adjudicator's determination. (7) Where the adjudicator makes a determination under subsection (6), the admission authority must notify the appropriate bodies of the variations subject to which the arrangements are to have effect. (8) Regulations may make provision— (a) as to the manner in which, and the time by which, any such notification is to be given; (b) specifying cases in which subsection (7) does not apply. (9) Regulations may make provision— (a) specifying matters which are, or are not, to constitute major changes in circumstances for the purposes of subsection (1)(b); (b) authorising an admission authority, where they have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, to vary those arrangements to such extent or in such circumstances as may be prescribed; (c) for the application of any of the requirements of, or imposed under, subsections (2) to (8) to variations proposed to be made by virtue of paragraph (b), or to any prescribed description of such variations, as if they were variations proposed to be made under subsection (1). (88F) (1) Regulations may make provision— (a) requiring an admission authority who have made a determination of a prescribed description under section 88C to publish such information relating to the determination (including information as to the authority's reasons for making the determination) as may be prescribed; (b) as to such other matters connected with the procedure for determining or varying admission arrangements under sections 88C to 88E as the Secretary of State considers appropriate. (2) The power under paragraph (a) of subsection (1) 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. (3) In sections 88C and 88E, the “appropriate bodies”, in relation to an admission authority, means— (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 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)), (d) the admission authorities for maintained schools in England of any prescribed description, (e) in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed, (f) the admission forum for the area of the local authority in which the school is situated, and (g) such other persons as may be prescribed. (4) In subsection (3), “the relevant area” means— (a) the area of the local authority in which the school in question is situated, or (b) if regulations so provide, such other area in England (whether more or less extensive than the area of the local authority) as may be determined by or in accordance with the regulations. (88G) (1) Subsection (2) applies in relation to a maintained school in England where— (a) proposals for the establishment of, or the making of a prescribed alteration to, the school have been published under Part 2 of the Education and Inspections Act 2006 or under section 113A of, or Schedule 7 to, the Learning and Skills Act 2000, (b) in the case of proposals for the making of a prescribed alteration to the school, the proposals are for an increase in the number of pupils that may be admitted to the school or for an enlargement of the premises, (c) the proposals fall to be implemented (with or without modifications), and (d) prescribed conditions are satisfied. (2) Regulations may provide that, where this subsection applies in relation to a maintained school— (a) the admission arrangements for the initial period and each of a prescribed number of school years following that period are to be the arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified), and (b) those arrangements may not be varied by the admission authority for the school except— (i) to comply with any duty imposed on them by regulations under section 88B, or (ii) in accordance with regulations under subsection (5). (3) Regulations under subsection (2) may exclude or modify any provision of section 88C, 88E or 88F in its application to cases to which the regulations apply. (4) Regulations under subsection (2) may provide that in cases to which the regulations apply the admission arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified) are to be treated for the purposes of section 86(5) to (5B) as having been determined by the admission authority under section 88C. (5) Regulations may prescribe circumstances in which an admission authority may refer to the adjudicator proposals to vary admission arrangements in cases to which regulations under subsection (2) apply. (6) Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (5). (7) In this section— - “initial period” means— 1. in relation to a maintained school which is being established, the period beginning with the day on which the school opens and ending with the beginning of the first school term to begin after the following July; 2. in relation to a maintained school which is increasing the number of pupils that may be admitted to the school or enlarging its premises, the period beginning with the first day on which additional pupils may be admitted or (as the case may be) the enlarged premises are in use and ending with the beginning of the first school term to begin after the following July; - “prescribed alteration” means an alteration prescribed for the purposes of section 18 of the Education and Inspections Act 2006. (88H) (1) This section applies where admission arrangements have been determined by an admission authority for a maintained school in England under section 88C. (2) Where— (a) an appropriate person wishes to make an objection about the admission arrangements, and (b) the objection does not fall within any description of objections prescribed for the purposes of this paragraph, that person may refer the objection to the adjudicator. (3) Where— (a) a parent of a prescribed description wishes to make an objection about the admission arrangements, and (b) the objection falls within any description of objections prescribed for the purposes of this paragraph, that person may refer the objection to the adjudicator. (4) On a reference under subsection (2) or (3) the adjudicator must decide whether, and (if so) to what extent, the objection should be upheld. (5) Regulations may make provision— (a) as to any conditions which must be satisfied before— (i) an objection can be referred to the adjudicator under subsection (2) or (3), or (ii) the adjudicator is required to determine an objection referred to him under subsection (3); (b) as to circumstances in which the adjudicator is not required to determine an objection under subsection (4); (c) prescribing the steps which may be taken by an admission authority where an objection has been referred to the adjudicator under subsection (2) or (3) but has not yet been determined. (d) prohibiting or restricting the reference under subsection (2) or (3), within such period following a decision by the adjudicator under this section as may be prescribed, of any objection raising the same (or substantially the same) issues in relation to the admission arrangements of the school in question. (6) In subsection (2), “appropriate person” means— (a) a body or person within any of paragraphs (a) to (f) of section 88F(3); or (b) any person prescribed for the purposes of this subsection. (88I) (1) This section applies where admission arrangements have been determined by an admission authority for a maintained school in England under section 88C. (2) Where it appears to the Secretary of State that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements, the Secretary of State may refer the admission arrangements to the adjudicator. (3) Subsection (4) applies where— (a) the Secretary of State refers the admission arrangements to the adjudicator under subsection (2), or (b) the adjudicator receives a report under section 88P which, pursuant to regulations under subsection (5) of that section, states that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements. (4) The adjudicator must— (a) consider the admission arrangements, and (b) decide whether they conform with those requirements and, if not, in what respect they do not. (5) Where it appears to the adjudicator that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements (and subsection (4) does not apply)— (a) the adjudicator may consider the admission arrangements, and (b) if the adjudicator considers the arrangements under paragraph (a), the adjudicator must decide whether they conform with those requirements and, if not, in what respect they do not. (6) Regulations may make provision prescribing the steps which may be taken by an admission authority where the adjudicator— (a) is considering the authority's admission arrangements under subsection (4)(a) or (5)(a), but (b) has not yet made a decision in the case under subsection (4)(b) or (5)(b) (as the case may be). (88J) (1) This section applies where the adjudicator is required to make a decision (“the primary decision”)— (a) under section 88H(4) on whether to uphold an objection to admission arrangements, or (b) under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admission arrangements. (2) The adjudicator— (a) must consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements in consequence of the primary decision, and (b) may consider whether it would be appropriate for any other changes to be made to any aspect of the admission arrangements. (3) Where the adjudicator decides under subsection (2) that it would be appropriate for changes to be made to the admission arrangements— (a) that decision may specify the modifications that are to be made to the arrangements, and (b) the admission authority must forthwith revise those arrangements in such a way as to give effect to that decision. (4) The adjudicator may— (a) decide, in the case of any change required by subsection (3)(b), that it is to be a protected change for the purpose of section 88L, and (b) where the adjudicator does so but considers that the change ought not to be protected for the number of years prescribed under subsection (2) of that section, decide that the change is to be protected only for such lesser number of school years as the adjudicator may specify. (88K) (1) Subsection (2) applies to any decision of the adjudicator— (a) under section 88H(4) on whether to uphold an objection to admission arrangements, (b) under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admission arrangements, or (c) under section 88J(2) as to whether or not it would be appropriate for changes to be made to admission arrangements. (2) Any decision of the adjudicator to which this subsection applies is binding on— (a) the admission authority in question, and (b) all persons by whom an objection may be referred to the adjudicator under section 88H(2) or (3) in relation to the admission arrangements. (3) In the case of a decision mentioned in subsection (1)(a) or (b), the adjudicator must publish a report containing the following— (a) the adjudicator's decision on the objection or (as the case may be) on whether the admission arrangements conform with the requirements relating to admission arrangements, (b) the decision of the adjudicator under section 88J(2)(a), and any decision of the adjudicator under section 88J(2)(b), on whether it would be appropriate for changes to be made to the admission arrangements, (c) any decision of the adjudicator— (i) under section 88J(4)(a) that a change is to be a protected change for the purposes of section 88L, or (ii) under section 88J(4)(b) that a change is to be protected only for such lesser number of school years as the adjudicator may specify, and (d) the adjudicator's reasons for the decisions mentioned in paragraphs (a) to (c). (4) Regulations may make provision— (a) requiring an admission authority for a maintained school in England to provide information which— (i) falls within a prescribed description, and (ii) is requested by the adjudicator for the purposes of the exercise by the adjudicator of functions under sections 88H to 88J or this section or of enabling the adjudicator to decide whether to exercise the power conferred by section 88I(5); (b) as to the manner in which a report required to be published under subsection (3) is to be published; (c) requiring such matters to be notified to such persons, and in such manner, as may be prescribed; (d) prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the adjudicator relating to the admission arrangements for another school, and the procedure to be followed in such a case. (5) In sections 88I and 88J and this section “the requirements relating to admission arrangements” means the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England. (88L) (1) This section applies where— (a) in accordance with section 88J(3)(b) the admissions authority for a maintained school in England have revised any provisions of admission arrangements for a school year, and (b) the revisions include any protected change. (2) In this section— - “protected change” means a change which the adjudicator has decided under section 88J(4)(a) is to be a protected change for the purposes of this section; - “the protected provisions”, in relation to any admission arrangements, means provisions corresponding to— 1. provisions so far as implementing a protected change, or 2. provisions so far as revised in accordance with regulations under subsection (6); - “the required number” means such number as may be prescribed or such lesser number as is specified by the adjudicator under section 88J(4)(b) in relation to a particular protected change. (3) The admission authority for the school— (a) must incorporate the protected provisions in determining the admission arrangements for each of the required number of school years following the school year mentioned in subsection (1)(a), and (b) may not vary those arrangements in such a way as to alter the protected provisions. (4) Subsection (3) does not apply to the extent that— (a) the admission authority are required to determine or vary their admission arrangements in a way which alters the protected provisions in order to comply with any duty imposed on them by regulations under section 88B, or (b) the arrangements may be determined or varied in a way which alters those provisions in accordance with regulations under subsection (6). (5) Regulations may exclude or modify any provision of section 88C, 88E or 88F in its application to cases to which this section applies. (6) Regulations may prescribe circumstances in which, in a case where this section applies, an admission authority may refer to the adjudicator proposals to determine or vary their admission arrangements in a way which alters the protected provisions. (7) Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (6). (88M) (1) Regulations may require a local authority in England— (a) to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and (b) to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area. (2) Subject to subsection (3), the Secretary of State may make, in relation to the area of a local authority in England and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area. (3) A scheme may not be made under subsection (2) in relation to a local authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences— (a) a scheme formulated by the local authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and (b) the authority provide the Secretary of State with a copy of the scheme and inform the Secretary of State that the scheme has been so adopted. (4) Regulations may provide— (a) that each local authority in England must secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school is to be communicated to the parent of the child except on a single day, designated by the local authority, in each year, or (b) that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school in England to offer or refuse a child admission to the school is not to be communicated to the parent of the child except on a prescribed day. (5) In this section - “academic year” means a period commencing with 1st August and ending with the next 31st July; - “qualifying scheme” means a scheme that meets prescribed requirements. (6) Nothing in this section applies in relation to arrangements for the admission to maintained schools of pupils— (a) who— (i) have ceased to be of compulsory school age, or (ii) will have ceased to be of compulsory school age before education is provided for them at the school, or (b) for the purpose of receiving sixth form education. (88N) (1) Regulations may make provision about the contents of schemes under section 88M(2), including provision about the duties that may be imposed by such schemes on— (a) local authorities in England, and (b) the admission authorities for maintained schools in England. (2) Regulations may provide that where a local authority in England or the governing body of a maintained school in England have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 88M(1)(a), sections 496 and 497 of the Education Act 1996 are to apply as if any obligations imposed on the local authority or governing body under the scheme were duties imposed on them by that Act. (3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in England falls to be made in prescribed circumstances, the decision must, if a scheme adopted or made by virtue of section 88M so provides, be made by the local authority regardless of whether they are the admission authority for the school. (4) Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the local authority although they are not the admission authority, the governing body of the school must implement the decision. (5) Before proposing a scheme for adoption under section 88M(1) a local authority must comply with such requirements as to consultation as may be prescribed. (6) Regulations under subsection (5) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other. (7) Before making a scheme under section 88M(2) in relation to the area of any local authority, the Secretary of State must consult— (a) the local authority, and (b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply. (8) A scheme made under section 88M(2) may be varied or revoked by the Secretary of State. (88O) The Secretary of State may by regulations require local authorities in England to provide other local authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter. (88P) (1) A local authority in England must make such reports to the adjudicator about such matters connected with relevant school admissions as may be prescribed. (2) In subsection (1) “relevant school admissions”, in relation to a local authority, means— (a) the admission of pupils to relevant schools in the authority's area; (b) the admission of pupils in the authority's area to other relevant schools; (c) the entry to the sixth form of pupils who have been admitted to relevant schools in the authority's area; and (d) the entry to the sixth form of pupils in the authority's area who have been admitted to other relevant schools. (3) In this section, “relevant school” means— (a) a maintained school, (b) an Academy, (c) a city technology college, or (d) a city college for the technology of the arts. (4) The matters which may be prescribed under subsection (1) in relation to a report by a local authority include, in particular, matters relating to— (a) the determination and operation of admission arrangements for maintained schools in the area of the local authority; (b) the determination and operation of arrangements for the admission of pupils to Academies, city technology colleges and city colleges for the technology of the arts in the area of the local authority; (c) the adoption and operation of any scheme, whether or not formulated by the local authority and whether under section 88M or otherwise, for co-ordinating— (i) the admission of pupils to relevant schools in their area, (ii) the admission of pupils in their area to other relevant schools. (5) Regulations under subsection (1) may make provision as to— (a) the time by which any report under that subsection must be made; and (b) the form and content of any such report; and may, in particular, require a report to include a statement as to whether or not admission arrangements for maintained schools in the area of the local authority conform with the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England. (88Q) (1) A relevant person must, on request, provide a local authority in England with such information as the authority may reasonably require for the purpose of enabling the authority to fulfil their duties under section 88P. (2) In subsection (1), “relevant person”, in relation to a local authority, means— (a) an admission authority (other than the local authority) for a maintained school in the area of the local authority; (b) the admission forum for the area of the local authority; (c) any member of an appeal panel constituted under section 94 by— (i) the local authority, or (ii) the governing body of a foundation or voluntary aided school in the area of the local authority; (d) the proprietor of— (i) an Academy, (ii) a city technology college, or (iii) a city college for the technology of the arts, in the area of the local authority; (e) any other local authority in England; (f) such other person as may be prescribed.

Sixth form admissions etc: appeals

152

• (1) Section 94 of the School Standards and Framework Act 1998 (c. 31) (appeal arrangements: general) is amended as follows.

• (2) In subsection (1)—

• (a) for “the parent of a child” substitute “ the appropriate person ”;

• (b) before paragraph (a) insert—

(za) in a case where the local authority are the admissions authority, any decision made by or on behalf of the authority refusing a child admission to a school,

;

• (c) in paragraph (a)—

• (i) for “any decision” substitute “ any other decision ”, and

• (ii) for “the child” substitute “ a child ”;

• (d) in paragraph (b), for “the child” substitute “ a child ”.

• (3) In subsection (1A), for “the parent of” substitute “ the appropriate person in relation to ”.

• (4) In subsection (2)—

• (a) for “the parent of a child” substitute “ the appropriate person ”;

• (b) for “the child” substitute “ a child ”.

• (5) In subsection (2A), for “the parent of” substitute “ the appropriate person in relation to ”.

• (6) After that subsection insert—

(2B) In this section, “the appropriate person”, in relation to a child, means— (a) in the case of a decision about sixth form education for the child any of the following— (i) the child; (ii) a parent of his; (iii) the child and a parent of his, acting jointly; (but subject to regulations made under subsection (5A)); (b) in any other case, a parent of the child.

• (7) In subsection (5A), after paragraph (a) insert—

(aa) in cases where separate appeals are made by a parent and a child against a decision about sixth form education for the child, for the appeals to be joined, or otherwise for securing that no more than one appeal against the decision is proceeded with;

.

• (8) After subsection (6) insert—

(6A) In this section, any reference to a decision about sixth form education for a child is a reference to a decision— (a) made in relation to a preference expressed in accordance with arrangements made under section 86A(1) as to where education should be provided for the child, or (b) refusing permission for the child to enter the sixth form of the school to which he has been admitted.

School admissions: supplementary

153

• (1) After section 98 of the School Standards and Framework Act 1998 (c. 31) insert—

(98A) (1) In this Chapter, “sixth form education” means secondary education suitable to the requirements of pupils who are over compulsory school age. (2) References in this Chapter, in relation to a child who has been admitted to a school, to his entering the school's sixth form are to his being transferred to a class at the school in which sixth form education is provided from a class in which such education is not so provided.

• (2) In relation to a code for school admissions issued under section 84(1) of the School Standards and Framework Act 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of that Act may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.

Maintained schools in England: behaviour and attendance etc

Power of governing body: educational provision for improving behaviour

154

After section 29 of the Education Act 2002 (c. 32) insert—

(29A) (1) The governing body of a maintained school in England may require any registered pupil to attend at any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil. (2) In subsection (1) “maintained school” does not include a maintained nursery school. (3) Regulations must make provision— (a) requiring prescribed persons to be given prescribed information relating to the imposition of any requirement under subsection (1), and (b) requiring the governing body of the school to keep under review the imposition of any such requirement. (4) Regulations under this section may also make provision— (a) requiring a governing body exercising functions under subsection (1) or under the regulations to have regard to any guidance given from time to time by the Secretary of State, (b) prohibiting a governing body from exercising the power conferred by subsection (1) in such a way that any pupil is required to receive educational provision outside the school premises for a greater number of days in a school year than is specified in the regulations, (c) requiring the governing body to request prescribed persons to participate in any review of the imposition of a requirement under subsection (1), (d) about the time within which the first review must be held and the intervals at which subsequent reviews must be held, and (e) in relation to any other matter relating to the exercise of the power conferred by subsection (1).

Application of s.444 of Education Act 1996 to alternative education provision

155

• (1) Section 444ZA of the Education Act 1996 (c. 56) (application of section 444 to alternative education provision) is amended as follows.

• (2) After subsection (1) insert—

(1A) Where— (a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a relevant school in England, (b) the child remains for the time being a registered pupil at the school, (c) the appropriate authority for the school has made arrangements under section 19 above or section 100 of the Education and Inspections Act 2006 for the provision of full-time education for the child otherwise than at the school or at the child's home during the period of exclusion, and (d) notice in writing of the arrangements has been given to the child's parent, subsections (1) to (7) of section 444 have effect during that period as if the child were not a registered pupil at the school and as if the place at which the education is provided were a school and the child were a registered pupil at that school (so far as that would not otherwise be the case). (1B) Where— (a) a child of compulsory school age who is a registered pupil at a relevant school in England is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any educational provision, and (b) notice in writing of the requirement has been given to the child's parent, subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (in addition to being a registered pupil at the school mentioned in paragraph (a)). (1C) Subsection (1B) does not apply if— (a) the place at which the child is required to attend is another relevant school (whether in England or elsewhere), and (b) the child is a registered pupil at that other school. (1D) In relation to a maintained school or a pupil referral unit— (a) references in subsection (1A) to exclusion are references to exclusion under section 52 of the Education Act 2002, and (b) the requirement referred to in subsection (1B) is a requirement imposed under section 29(3) or 29A(1) of that Act.

• (3) In subsection (2)(a), after “relevant school insert “ in Wales ”.

• (4) In subsection (4)—

• (a) in paragraph (a), after “within subsection (1)” insert “ or (1A) ”;

• (b) in paragraph (b), after “within subsection” insert “ (1B) or ”;

• (c) in the words following that paragraph, after “(1)(b)” insert “ , (1A)(d), (1B)(b) ”.

• (5) In subsection (5), after “(1)(b)” insert “ , (1A)(d), (1B)(b) ”.

• (6) In subsection (6), after “subsection (1)” (in both places) insert “ or (1A) ”.

• (7) In subsection (7)—

• (a) after paragraph (a) insert—

(aa) in relation to a place at which education is provided as mentioned in subsection (1A) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school;

;

• (b) in paragraph (b), after “subsection” insert “ (1B)(a) or ”.

Maintained schools in England: assessment arrangements

National Curriculum for England: duty to implement assessment arrangements

156

• (1) In section 88 of the Education Act 2002 (c. 32) (implementation of the National Curriculum for England in schools), in the existing provision (which becomes subsection (1)), at the end insert— “ This subsection does not apply in relation to assessment arrangements. ”

• (2) After that subsection insert—

(1A) In relation to any maintained school— (a) the local authority and the governing body must exercise their functions with a view to securing, and (b) the head teacher must secure, that the assessment arrangements specified for the time being in the National Curriculum for England are implemented.

Maintained schools: pupils' views

Governing bodies of maintained schools to invite and consider pupils' views

157

After section 29A of the Education Act 2002 insert—

(29B) (1) The governing body of a maintained school must invite the views of pupils about prescribed matters. (2) In exercising any of their functions relating to the conduct of the school, the governing body of a maintained school must consider any relevant views of registered pupils at the school about matters prescribed under subsection (1) (whether expressed by virtue of that subsection or otherwise) and, in doing so, must have regard to the age and understanding of the pupils who expressed them. (3) For the purposes of subsection (1), a governing body invite the views of pupils about a matter if they invite the views of— (a) all registered pupils at the school, (b) such of those pupils as appear to the governing body to be affected by the matter, or (c) pupils appearing to the governing body to be representative of pupils within paragraph (a) or (b). (4) The following are the matters that may be prescribed under subsection (1)— (a) the exercise, or proposed exercise, of a function of the governing body of a maintained school relating to the conduct of the school; (b) the exercise, or proposed exercise, of such a function in a particular way. (5) In discharging their duties under subsections (1) and (2), the governing body of a maintained school must have regard to any guidance given from time to time— (a) in relation to England, by the Secretary of State, or (b) in relation to Wales, by the Welsh Ministers. (6) In this section, “prescribed” means— (a) in relation to England, prescribed by the Secretary of State; (b) in relation to Wales, prescribed by the Welsh Ministers. (7) Nothing in this section affects any power or duty relating to consulting pupils which a governing body of a maintained school have otherwise than under this section.

Consultation of pupils: existing functions

158

In section 176 of the Education Act 2002 (c. 32) (consultation with pupils), subsection (1) is amended as follows—

• (a) in paragraph (a) (duty of local authorities), after “authority” insert “ in Wales ”;

• (b) omit paragraph (b) (duty of governing bodies);

• (c) for “the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales)” substitute “ the Welsh Ministers ”.

External qualifications

Approved external qualifications: England

159

• (1) Section 98 of the Learning and Skills Act 2000 (c. 21) (approved qualifications: England) is amended as follows.

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

• (3) Omit subsection (4) (which renders an approval given by a designated body ineffective unless the Secretary of State consents to the approval).

Approved external qualifications: Wales

160

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of Qualifications and Curriculum Authority in England and Northern Ireland

161

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

Functions of Welsh Ministers etc

162

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

Functions of Qualifications and Curriculum Authority in Northern Ireland in relation to vocational qualifications

163

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

Inspections of teacher training

Inspections of teacher training in England: removal of duty to notify

164

In section 18B(7) of the Education Act 1994 (c. 30) (period of notice to be given of inspections of teacher training), after “subsection (1)” insert “ of training provided by a training provider in Wales ”.

Schools forums

Constitution of schools forums

165

• (1) Section 47A of the School Standards and Framework Act 1998 (c. 31) (schools forums) is amended as follows.

• (2) For subsection (1) substitute—

(1) Every local authority must, in accordance with regulations, establish for their area a body to be known as a schools forum.

• (3) After subsection (4) insert—

(4A) Regulations must provide for a schools forum to include— (a) members representing governing bodies of schools maintained by the relevant authority, and (b) members representing head teachers of such schools. (4B) Regulations may provide for a schools forum to include— (a) members representing such other persons— (i) as may be prescribed, or (ii) as the relevant authority may from time to time, in accordance with regulations, determine, and (b) other members, and may make further provision as to the constitution of a schools forum.

• (4) In subsection (5), omit “the constitution”.

Chapter 3 — General

Orders and regulations

166

• (1) The following are to be made by statutory instrument—

• (a) orders and regulations made by the Secretary of State or Lord Chancellor under this Act;

• (b) orders made by the Welsh Ministers under section 173.

• (2) A statutory instrument containing—

• (a) an order under section 3(5),

• (b) regulations under section 5(1)(b),

• (c) regulations under section 22(2) or 31(3), other than regulations for the purpose only of making provision within subsection (4),

• (d) an order under section 56(9) or 58(3),

• (e) regulations under section 61,

• (f) an order under section 67,

• (g) regulations under section 132(1), or

• (h) regulations under section 170 which amend or repeal any provision of an Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3) A statutory instrument containing any other order or regulations under this Act, other than an order under section 173, is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Provision contained in regulations under section 22(2) or 31(3) falls within this subsection if it substitutes, for an amount for the time being specified in such regulations, a smaller amount.

• (5) Before a draft of an instrument containing an order under section 67 is laid before either House of Parliament, the Secretary of State must consult the Welsh Ministers.

• (6) Any power of the Secretary of State or Lord Chancellor to make an order or regulations under this Act includes power—

• (a) to make different provision for different cases, circumstances or areas,

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

• (c) to make such incidental, supplementary, transitional, transitory or saving provision as the Secretary of State or Lord Chancellor thinks fit.

Functions to be exercisable by Welsh Ministers

167

• (1) Any function conferred on the Secretary of State by section 150, 152 or 165, so far as exercisable in relation to Wales, is to be taken to be transferred, immediately after that section comes into force in relation to Wales, to the Welsh Ministers by an Order in Council under section 58 of the Government of Wales Act 2006 (c. 32).

• (2) Nothing in Schedule 1 or 2, so far as relating to the substitution of references to the Welsh Ministers for references to the Secretary of State in sections 89 to 90 of the School Standards and Framework Act 1998 (c. 31), is to be taken to affect the application of those sections, or anything done under or for the purposes of those sections, in relation to Wales.

General interpretation

168

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

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State under this Act.

• (2) Subject to subsections (4) and (5), 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 (other than section 9 and sections 37 to 39);

• (b) Chapter 1 of Part 4;

• (c) section 148;

• (d) section 173(10).

• (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, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

• (5) Sections 561 and 562 of the Education Act 1996 (Act not to apply to persons in service of the Crown or persons detained under order of a court) do not apply for the purposes of Part 1.

• (6) Unless the context otherwise requires, any reference in 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).

Minor and consequential amendments, repeals and revocations

169

• (1) Schedule 1 has effect to make minor and consequential amendments.

• (2) The provisions mentioned in Schedule 2 are repealed or revoked to the extent specified.

Power to make consequential and transitional provision etc.

170

• (1) The Secretary of State may by regulations make—

• (a) such supplementary, incidental or consequential provision, or

• (b) such transitory, transitional or saving provision,

as the Secretary of State considers necessary or expedient for the purposes of, in consequence of or for giving full effect to, any provision of this Act.

• (2) Regulations under this section may in particular—

• (a) provide for any provision of this Act which comes into force before another provision (of this or any other Act or in subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications;

• (b) amend, repeal or revoke any provision of—

• (i) an Act passed before or in the same Session as this Act, or

• (ii) subordinate legislation made before the passing of this Act.

• (3) Nothing in this section limits the powers conferred by section 166(6)(c) or 173(8)(c).

• (4) The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by any other provision of this Act.

• (5) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Financial provisions

171

• (1) There are to be paid out of money provided by Parliament—

• (a) any expenditure incurred by the Secretary of State or the Office for Standards in Education, Children's Services and Skills 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 or Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of this Act are to be paid into the Consolidated Fund.

Extent

172

• (1) Subject as follows, this Act extends to England and Wales only.

• (2) Sections 87 to 91 extend to England and Wales and Scotland.

• (3) The following provisions extend to England and Wales, Scotland and Northern Ireland—

• (a) section 166;

• (b) section 170;

• (c) this section;

• (d) sections 173 and 174.

• (4) Any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

Commencement

173

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

• (a) section 80;

• (b) section 156;

• (c) sections 166 to 168;

• (d) sections 170 to 172;

• (e) this section;

• (f) section 174;

• (g) paragraphs 75 to 77 and 86 to 88 of Schedule 1 (and section 169 so far as relating to those paragraphs);

• (h) the repeal in Schedule 2 relating to section 140 of the Learning and Skills Act 2000 (c. 21) (and section 169 so far as relating to that repeal).

• (2) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

• (a) section 149;

• (b) section 151(1) and (4), so far as relating to sections 88P and 88Q of the School Standards and Framework Act 1998 (c. 31);

• (c) section 164.

• (3) The following provisions, so far as they apply in relation to Wales, come into force in accordance with provision made by the Welsh Ministers by order—

• (a) sections 150, 152 and 153;

• (b) sections 157 and 158(b) and (c);

• (c) sections 160 and 162;

• (d) section 165;

• (e) the following paragraphs of Schedule 1—

• (i) paragraphs 54, 55, 59(7), 66 and 67, and, so far as relating to those paragraphs, paragraph 53, and

• (ii) paragraph 79,

(and section 169 so far as relating to those provisions);

• (f) the repeals and revocations in Schedule 2 so far as relating to—

• (i) sections 86 and 94 of the School Standards and Framework Act 1998,

• (ii) section 99(4) of the Learning and Skills Act 2000,

• (iii) section 176 of and Schedules 4 and 17 to the Education Act 2002 (c. 32),

• (iv) paragraphs 19 and 20 of Schedule 1 to the Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239),

(and section 169 so far as relating to those repeals and revocations).

• (4) Subject to subsections (1) to (3), the provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

• (5) Before making an order under subsection (4) containing provision for the coming into force of section 67, the Secretary of State must consult the Welsh Ministers.

• (6) Before making an order under subsection (4) containing provision for the coming into force of sections 87 to 91, the Secretary of State must consult the Scottish Ministers and the Welsh Ministers.

• (7) Before making an order under subsection (4) containing provision for the coming into force of section 161(4) or 163, the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

• (8) An order under this section may—

• (a) make provision generally or for specified purposes only;

• (b) make different provision for different purposes and in relation to different areas; and

• (c) contain such transitory and transitional provisions and savings as the person making the order thinks fit.

• (9) An order under subsection (4) may provide for the following provisions to come into force with the substitution of “ the first anniversary of the date on which the person ceased to be of compulsory school age ” for “the age of 18”

• (a) section 1(b) (persons to whom Part 1 applies);

• (b) section 29(1)(b) (employer to enable participation in education or training: extension for persons reaching 18).

• (10) The Secretary of State must—

• (a) exercise the powers conferred by subsections (4) and (9) so as to secure that sections 1 to 10 are in force with the substitution in section 1(b) mentioned in subsection (9) no later than the day after the day which is the school leaving date for 2013, and

• (b) exercise the power conferred by subsection (4) so as to secure that sections 1 to 10 are in force without that substitution no later than the day after the day which is the school leaving date for 2015,

subject, in each case, to any provision made by virtue of subsection (8).

Short title

174

• (1) This Act may be cited as the Education and Skills Act 2008.

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

SCHEDULE 1

Part 1 — Regulation and inspection

Disability Discrimination Act 1995 (c. 50)

1

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

2

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

3

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

4

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

Education Act 1996 (c. 56)

5

The Education Act 1996 is amended as follows.

6

For section 6(2) (reference to definition of special school) substitute—

(2) A school is a special school if— (a) it is specially organised, and (b) in the case of a school that is not maintained by a local authority, it is approved, as mentioned in section 337.

7

In section 313(5) (codes of practice) for “Part” substitute “ Chapter ”.

8

After section 537A insert—

(537AA) (1) Sections 537 and 537A (powers of the Secretary of State to require information from governing bodies etc) apply in relation to a relevant part-time educational institution as they apply in relation to an independent school. (2) In the application of sections 537 and 537A by virtue of this section— (a) references to a pupil at an independent school are to be read as references to a student at a relevant part-time educational institution; (b) references to the proprietor of an independent school are to be read as references to the person or body of persons responsible for the management of a relevant part-time educational institution. (3) In this section— (a) “relevant part-time educational institution” means an independent educational institution in England that is not an independent school; (b) “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008 (see section 92 of that Act); (c) “student” has the same meaning as in that Chapter (see section 138 of that Act).

9

• (1) Section 548 (no right to give corporal punishment) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “school” substitute “ relevant educational institution ”;

• (b) in paragraphs (b) and (c), for “school” substitute “ a relevant educational institution ”.

• (3) In subsection (2) for “school” substitute “ relevant educational institution ”.

• (4) In subsection (6)—

• (a) in paragraph (a) for “school” substitute “ relevant educational institution ”;

• (b) in paragraph (b)(i) for “school” substitute “ institution ”.

• (5) After subsection (7) insert—

(7A) “Relevant educational institution” means— (a) a school, or (b) an independent educational institution in England other than a school. (7B) In subsection (7A)(b) “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008 (see section 92 of that Act).

10

In the table in section 580 (index), in the entry for “the Tribunal” for “(in Part IV)” substitute “(in Chapter 1 of Part 4).

11

In that table insert the following entries at the appropriate places—

. . .	. . .
a non-maintained special school (in Chapter 2 of Part 4).	section 337A.
---	---

Police Act 1997 (c. 50)

12

In section 113BA of the Police Act 1997 (suitability information relating to children), in subsection (2)(e)—

• (a) after “under” insert “ section 128 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or ”;

• (b) after “school” insert “ in Wales ”.

Education Act 2002 (c. 32)

13

The Education Act 2002 is amended as follows.

14

In the definition of “qualifying body” in section 1(3) (interpretation) for paragraph (g) substitute—

(g) the proprietor of a school approved under section 342 of the Education Act 1996 (non-maintained special schools).

15

Before section 157 insert—

(156A) (1) References in this Chapter to an independent school are to an independent school in Wales. (2) For provision regulating independent schools in England, see Chapter 1 of Part 4 of the Education and Skills Act 2008.

16

In section 157 (independent school standards) omit subsections (1A) and (2)(b).

17

In section 158 (the registers)—

• (a) omit subsections (1)(a) and (2);

• (b) in subsection (3), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”.

18

Omit sections 162A and 162B (inspection of registered schools in England).

19

In section 163 (power to inspect registered schools in Wales)—

• (a) in the title, omit “in Wales”;

• (b) in subsection (1)(a), omit “for Wales” and “in Wales”;

• (c) in subsection (5), omit the definition of “the Chief Inspector for Wales”.

20

In section 164 (inspections under section 163: supplementary) omit “for Wales” in subsections (1), (2)(a) (in both places), (3), (4), (9), (11) and (12).

21

In section 165(1)(a) (failure to meet standards) omit “162A or”.

22

In section 167A (prohibition on participation in management of independent schools)—

• (a) omit subsection (6)(a);

• (b) in subsection (6)(b) omit “in relation to Wales,”.

23

For sections 167C and 167D (information and notification in relation to directions under section 167A) substitute—

(167C) (1) Where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers may provide to that authority any information relating to a person which is held by the Welsh Ministers in connection with the Welsh Ministers' functions under this Chapter. (2) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State and which appears to the Secretary of State to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B. (3) The Chief Inspector may provide to the appropriate authority any information relating to a person which appears to the Chief Inspector to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B. (4) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B. (5) The appropriate authority may provide to the Independent Barring Board, ... the General Teaching Council for Wales, the Chief Inspector, the Secretary of State or, where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers, any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A. (167D) Where the appropriate authority gives a direction under section 167A(1), or varies or revokes any such direction, it must notify— (a) the registration authority (unless the appropriate authority is the registration authority), and (b) the Secretary of State and (if different) the appropriate authority for the purposes of sections 128 to 131 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institutions in England).

24

• (1) Section 171 is amended as follows.

• (2) In the definition of “Chief Inspector”—

• (a) omit paragraph (a);

• (b) in paragraph (b) omit “in relation to a school in Wales,”.

• (3) Omit the definition of “early years provision”.

• (4) In the definition of “the register”—

• (a) omit paragraph (a);

• (b) in paragraph (b) omit “in relation to a school in Wales,”.

• (5) In the definition of “registration authority” for paragraphs (a) and (b) substitute “ the Welsh Ministers ”.

Education Act 2005 (c. 18)

25

The Education Act 2005 is amended as follows.

26

For section 5(2)(g) (duty to inspect certain schools) substitute—

(g) schools approved under section 342 of the Education Act 1996 (non-maintained special schools).

27

For section 28(2)(d) (duty to arrange inspections of certain schools) substitute—

(d) schools approved under section 342 of the Education Act 1996 (non-maintained special schools).

28

• (1) Section 59 (combined reports) is amended as follows.

• (2) In subsection (1)(d), after “independent schools” insert “ in Wales ”.

• (3) After subsection (1)(e) (inserted by paragraph 44(d) of Schedule 2 to the Childcare Act 2006 (c. 21)) insert

, and (f) Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational provision in England).

29

In section 62(4)(a) (power of Welsh Ministers to change inspection framework for Wales) for sub-paragraph (iv) substitute—

(iv) sections 106 to 113 of the Education and Skills Act 2008 (independent educational institutions in England),

.

Childcare Act 2006 (c. 21)

30

The Childcare Act 2006 is amended as follows.

31

• (1) Section 13 (duty to provide information, advice and training to childcare providers) is amended as follows.

• (2) In subsection (1)(c)—

• (a) in the opening words, for “schools” substitute “ institutions ”;

• (b) in sub-paragraph (ii), for “approved by the Secretary of State” substitute “ approved ”;

• (c) in sub-paragraph (iii), for “an independent school” substitute “ an independent educational institution ”.

• (3) In subsection (1)(d) for “school” substitute “ institution ”.

32

• (1) Section 34(2) (requirement to register: other early years providers) is amended as follows.

• (2) In paragraph (a)—

• (a) in the opening words for “schools” substitute “ institutions ” and for “school's” substitute “ institution's ”;

• (b) in sub-paragraph (ii) for “approved by the Secretary of State” substitute “ approved ”;

• (c) in sub-paragraph (iii) for “an independent school” substitute “ an independent educational institution ”.

• (3) In paragraph (b) for “school” in both places substitute “ institution ”.

• (4) For paragraph (c) substitute—

(c) where the provision is made at a school (including a school that is an independent educational institution)— (i) the child is a registered pupil at the school, or (ii) if the provision is made for more than one child, at least one of the children is a registered pupil at the school.

33

In section 49 (inspections) in subsection (4) for “independent school” substitute “ independent educational institution ”.

34

• (1) Section 53(2) (requirement to register: other later years providers for children under eight) is amended as follows.

• (2) In paragraph (a)—

• (a) in the opening words for “schools” substitute “ institutions ” and for “school's” substitute “ institution's ”;

• (b) in sub-paragraph (ii) for “approved by the Secretary of State” substitute “ approved ”;

• (c) in sub-paragraph (iii) for “an independent school” substitute “ an independent educational institution ”.

• (3) In paragraph (b) for “school” in both places substitute “ institution ”.

• (4) For paragraph (c) substitute—

(c) where the provision is made at a school (including a school that is an independent educational institution)— (i) the child is a registered pupil at the school, or (ii) if the provision is made for more than one child, at least one of the children is a registered pupil at the school.

35

• (1) Section 63(3) (applications for registration on the general register: other childcare providers) is amended as follows.

• (2) In paragraph (a)—

• (a) in the opening words for “schools” substitute “ institutions ” and for “school's” substitute “ institution's ”;

• (b) in sub-paragraph (ii) for “approved by the Secretary of State” substitute “ approved ”;

• (c) in sub-paragraph (iii) for “an independent school” substitute “ an independent educational institution ”.

• (3) In paragraph (b) for “school” in both places substitute “ institution ”.

• (4) For paragraph (c) substitute—

(c) where the provision is made at a school (including a school that is an independent educational institution)— (i) the child is a registered pupil at the school, or (ii) if the provision is made for more than one child, at least one of the children is a registered pupil at the school.

36

In section 106 (general interpretation) for the definition of “independent school” substitute—

“independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008;

.

Education and Inspections Act 2006 (c. 40)

37

The Education and Inspections Act 2006 is amended as follows.

38

• (1) Section 11 (publication of proposals to establish maintained schools: special cases) is amended as follows.

• (2) In subsection (3)(a) for “Chapter 1 of Part 10 of EA 2002 (regulation of independent schools)” substitute “ Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational institutions in England) ”.

• (3) In subsection (9) for “approved by the Secretary of State” substitute “ approved ”.

39

In the following provisions for “approved by the Secretary of State or the Assembly” substitute “ approved ”

• (a) paragraph (e) of the definition of “relevant school” in section 88(5);

• (b) the definition of “governing body” in that provision.

40

• (1) Section 171 (prohibition on participation in management: transitional provision) is amended as follows.

• (2) In subsection (5), in the definition of “regulations”, for paragraphs (a) and (b) substitute “ by the Welsh Ministers; ”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

41

• (1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

• (2) In Schedule 4 (regulated activity), paragraph 1(10) is amended as follows.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In paragraph (c) after “school” insert “ in Wales ”.

Part 2 — Miscellaneous

Local Government Act 1972 (c. 70)

42

In section 177(1A) of the Local Government Act 1972 (allowances: supplementary provisions), after paragraph (c) insert

and (d) regulations made by virtue of section 48(4) of the Education and Skills Act 2008 (allowances for attendance panels).

Children Act 1989 (c. 41)

43

In section 36(5)(b) of the Children Act 1989 (education supervision orders)—

• (a) in sub-paragraph (ii), after “subsection (1)” insert “ or (1A) ”;

• (b) in sub-paragraph (iii), after “subsection” insert “ (1B) or ”.

Social Security Administration Act 1992 (c. 5)

44

The Social Security Administration Act 1992 is amended as follows.

45

• (1) Section 2A (claim or full entitlement to certain benefits conditional on work-focused interviews) is amended as follows.

• (2) In subsection (8), in the definition of “the designated authority”—

• (a) after paragraph (c) insert—

(ca) subject to subsection (9), a county council in England,

;

• (b) in paragraph (d), before “a person” insert “ subject to subsection (9), ”;