School Standards and Framework Act 1998 (c. 31)

(The document as of February, 2008)

-- Back --

Page 24

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27

is acting in a manner which is not in the interests of that school or of church schools generally, the Board may, subject to subsection (1A) below, give directions to the governing body as to the discharge of those functions.

(1A) The Board may not, under subsection (1) above, give directions as to the publication of proposals under paragraph 2 or 3 of Schedule 8 to that Act which would prevent the publication of proposals for the school to become a foundation school. " ;

(b) in subsection (2), for "the secretary of the governing body" substitute "the clerk to the governing body";

(c) in subsection (3), for the words from the beginning of paragraph (a) onwards substitute--

" (a) publication of proposals for any prescribed alteration to the school under section 28(2)(b) of the School Standards and Framework Act 1998; or

(b) publication of proposals under paragraph 2 or 3 of Schedule 8 to that Act,

the Board may itself publish those proposals, and the provisions of that Act shall apply to anything done by the Board by virtue of this subsection as if it had been done by the governing body of the school. " ;

(d) omit subsection (5); and

(e) for the sidenote substitute "Powers of Board to give directions to governing bodies of voluntary aided church schools."

32 (1) Section 10 (interpretation) shall be amended as follows.

(2) In subsection (1)--

(a) omit the definition of "Church of England voluntary school", and

(b) for the definition of "church school" substitute--

" "church school" means a foundation or voluntary school which is a Church of England school as defined by section 142(1) of the School Standards and Framework Act 1998; " .

(3) Omit subsection (2).

(4) For subsection (3) substitute--

" (3) Expressions used in this Measure which are also used in the School Standards and Framework Act 1998 shall, unless the context otherwise requires, have the same meaning as in that Act. "

Further and Higher Education Act 1992 (c. 13)

33 The Further and Higher Education Act 1992 shall be amended as follows.

34 In section 5(4) (administration of funds by councils), for "grant-maintained school" substitute "maintained school".

35 In section 21 (initial instruments and articles)--

(a) in subsection (1), omit--

(i) paragraph (a), and

(ii) "(b) in any other case,";

(b) in subsection (2), omit--

(i) "orders and",

(ii) in paragraph (a), "grant-maintained school or other", and

(iii) in paragraph (b), "grant-maintained schools or other"; and

(c) in subsection (3), for the words from "a grant-maintained" to "earlier enactment)" substitute "a maintained school, the governing body incorporated under Chapter III of Part II of the School Standards and Framework Act 1998".

36 For section 25 substitute--

" 25 Transfer of property, etc. from foundation bodies

(1) This section applies where a further education corporation is established to conduct an institution which, on the date the corporation is established, is a foundation or voluntary school belonging to the group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998.

(2) Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the transfer, in any such case, of property, rights and liabilities from the foundation body to the further education corporation.

(3) Regulations under subsection (2) may, in relation to any such transfer of property, rights or liabilities--

(a) modify any provision made by or under any of sections 23, 24, 36 and 38 of this Act and Schedule 5 to this Act;

(b) apply any such provision with or without modifications;

(c) make provision corresponding or similar to any such provision.

(4) In this section "foundation body" and "group of schools" have the same meaning as in the School Standards and Framework Act 1998. "

37 In section 26 (transfer of staff to further education corporation)--

(a) in subsection (1), omit "or was a grant-maintained school"; and

(b) in subsection (6)--

(i) for "that authority" substitute "references to that authority, and", and

(ii) for paragraphs (b) and (c) substitute--

" (b) in relation to a corporation established to conduct an institution which, on that date, was a foundation or voluntary aided school, references to the governing body of that school. "

38 In section 28(2)(a) (designation of institutions as eligible for funds) after "school" insert "(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998)".

39 In section 32 (transfer of property, etc., to designated institutions), after subsection (2) insert--

" (2A) In the case of an institution which when designated was a voluntary aided school, on the designation date--

(a) all land and other property which, immediately before that date, was property of the governing body of the school incorporated under Chapter III of Part II of the School Standards and Framework Act 1998, and

(b) all rights and liabilities of that body subsisting immediately before that date,

shall be transferred to and, by virtue of this Act, vest in the governing body of the designated institution; and the governing body of the school shall be dissolved on that date. "

40 In section 37 (attribution of surpluses and deficits)--

(a) in subsection (1), for "section 103 of the Education Act 1996 (schemes for financing schools)" substitute "section 48 of the School Standards and Framework Act 1998 (LEAs' financial schemes)"; and

(b) in subsection (7), in the definition of "budget share", for "Part II of the Education Act 1996" substitute "Part II of the School Standards and Framework Act 1998".

41 In section 44(1) (collective worship) for the words from "was a" to the end substitute " was--

(a) (within the meaning of the [1996 c. 56.] Education Act 1996) a voluntary school, or

(b) (within the meaning of the School Standards and Framework Act 1998) a foundation or voluntary school having a foundation established otherwise than under that Act. "

42 In section 45(1) (religious education) for the words from "means" to the end substitute "has the same meaning as in section 44."

43 In section 47(2) (transfer of higher education institutions to further education sector) for the words from "any provision" to the end substitute "provision as to the initial name of the corporation as a further education corporation."

44 In section 48 (statutory conditions of employment)--

(a) in subsection (1)(a), for "voluntary or grant-maintained" substitute "foundation or voluntary aided"; and

(b) in subsection (2)(a), for "voluntary or grant-maintained" substitute "foundation or voluntary aided".

45 In section 58(3) (reorganisations of schools involving establishment of further education corporation), for paragraph (b) substitute--

" (b) a prescribed alteration within the meaning of section 28 of the School Standards and Framework Act 1998 has been made to the school, " .

46 In section 90 (interpretation)--

(a) after subsection (3) insert--

" (3A) In this Act references to a voluntary aided school are--

(a) in relation to any time before the appointed day within the meaning of the [1996 c. 56.] School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or

(b) in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act. " ; and

(b) in subsection (5), at end insert "and section 140(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned."

Tribunals and Inquiries Act 1992 (c. 53)

47 In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals)--

(a) for paragraphs (b) and (c) substitute--

" (b) exclusion appeal panels constituted in accordance with Schedule 18 to the School Standards and Framework Act 1998 (c. 31);

(c) admission appeal panels constituted in accordance with Schedule 24 or paragraph 3 of Schedule 25 to that Act; " ; and

(b) in paragraph (d), for "(c. 38)" substitute "(c. 57)".

Charities Act 1993 (c. 10)

48 In section 3 of the [1998 c. 30.] Charities Act 1993 (the register of charities), after subsection (5A) (inserted by Schedule 3 to the Teaching and Higher Education Act 1998) insert--

" (5B) In addition, in subsection (5) above--

(a) paragraph (a) shall be read as referring also to--

(i) any body to which section 23(1)(a) or (b) of the School Standards and Framework Act 1998 applies, and

(ii) any Education Action Forum established by virtue of section 10(1) of that Act; and

(b) paragraph (b) shall be read as referring also to any foundation to which section 23(3) of that Act applies;

but an order of the Commissioners, or regulations made by the Secretary of State, may provide that section 23(3) of that Act shall cease to apply to any such foundation as is mentioned in that provision or to any such foundation of a description specified in the order or regulations. "

49 In section 79(9) of that Act (parochial charities), for the words from "voluntary or" to the end substitute "foundation or voluntary school within the meaning of the School Standards and Framework Act 1998."

Welsh Language Act 1993 (c. 38)

50 In section 6(1) of the Welsh Language Act 1993 (meaning of "public body"), for paragraph (l) substitute--

" (l) the governing body of a community, foundation or voluntary school or a community or foundation special school (within the meaning of the School Standards and Framework Act 1998); " .

Value Added Tax Act 1994 (c. 23)

51 In Schedule 9 to the Value Added Tax Act 1994 (exemptions), in paragraph (a) of Note (1) to Group 6 (education)--

(a) in sub-paragraph (iii), for the [1996 c. 56.] words from "a county" to "Education Act 1996" substitute "a community, foundation or voluntary school within the meaning of the [1996 c. 56.] School Standards and Framework Act 1998, a special school within the meaning of section 337 of the Education Act 1996"; and

(b) omit sub-paragraphs (v) and (vii).

Education Act 1994 (c. 30)

52 The Education Act 1994 shall be amended as follows.

53 In section 11A (general duty of Secretary of State with respect to training), omit "grant-maintained schools,".

54 In section 12 (power of schools to provide courses of initial teacher training)--

(a) in subsection (1), for "any county, voluntary or maintained special school or of any grant-maintained school" substitute "any community, foundation or voluntary or community or foundation special school";

(b) omit subsections (4) and (5); and

(c) in subsection (6), for the words from "purposes of" onwards substitute "purposes of Chapter IV of Part II of the School Standards and Framework Act 1998 (financing of maintained schools), as being undertaken for the purposes of the school."

Employment Rights Act 1996 (c. 18)

55 In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools), for the words from "an aided school" to "1996" substitute "a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the local education authority under section 55(5) of the School Standards and Framework Act 1998".

Nursery Education and Grant-Maintained Schools Act 1996 (c. 50)

56 In section 4(1) of the [1996 c. 56.] Nursery Education and Grant-Maintained Schools Act 1996 (children with special educational needs), for the words from "(except where" to the end substitute "(except where a duty is already imposed under section 313(2) of the [1996 c. 56.] Education Act 1996 or section 123(1) of the School Standards and Framework Act 1998) to have regard to the provisions of the code of practice issued under section 313 (practical guidance in respect of the discharge of functions under Part IV of the Education Act 1996)."

Education Act 1996 (c. 56)

57 The Education Act 1996 shall be amended as follows.

58 In section 1(2) (the stages of education), omit paragraph (b) and the "and" preceding it.

59 In section 5 (primary, secondary and middle schools)--

(a) in subsection (3) for "section 49, 198(6) or 291" substitute "section 28(4) of the School Standards and Framework Act 1998", and

(b) in subsection (5) for "sections 49, 198(6) and 291" substitute "section 28(4) of the School Standards and Framework Act 1998".

60 In section 6(2) (nursery schools and special schools), for the words from "and" onwards substitute "and (in the case of a school which is not maintained by a local education authority) is for the time being approved, as mentioned in section 337."

61 In section 9 (pupils to be educated in accordance with parents' wishes), for the words from "State," to "funding authorities" substitute "State and local education authorities".

62 In section 14 (functions of local education authorities in respect of provision of primary and secondary schools), omit subsection (5).

63 After section 15 insert--

" 15A Functions in respect of full-time education for 16 to 18 year olds

(1) A local education authority may secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.

(2) Subsections (6) and (7) of section 14 shall apply in relation to functions under this section as they apply in relation to functions under that section. "

64 (1) Section 16 (power to establish, maintain and assist primary and secondary schools) is amended as follows.

(2) In subsection (1)--

(a) at the end of paragraph (a) insert "and", and

(b) omit paragraph (c) and the "and" preceding it.

(3) In subsection (2), for ", maintain and assist" substitute "and maintain".

(4) For the sidenote substitute "Power to establish and maintain primary and secondary schools."

65 In section 17(2) (powers in respect of nursery education), for "establish, maintain and assist" substitute "establish and maintain".

66 Omit sections 20 to 28 (the funding authorities).

67 In section 29 (provision of information by local education authorities)--

(a) omit subsection (2), and

(b) in subsection (3), omit the words "and the funding authority".

68 Omit section 30 (provision of information by funding authorities).

69 Part II (schools maintained by local education authorities) shall be omitted.

70 Part III (grant-maintained schools) shall be omitted.

71 In section 312 (definitions for purposes of Part IV)--

(a) in subsection (4)(a) omit "or grant-maintained schools in their area"; and

(b) in subsection (5) for the definition of "maintained school" substitute--

" "maintained school" means any community, foundation or voluntary school or any community or foundation special school not established in a hospital. "

72 In section 313(1) (code of practice on special educational needs), for "maintained or grant-maintained schools, or grant-maintained special schools," substitute "maintained schools".

73 In section 315(2) (review of arrangements for special educational provision), for the words from "the funding" onwards substitute "the governing bodies of community, foundation and voluntary and community and foundation special schools in their area."

74 (1) Section 317 (duties of governing body or local education authority in relation to pupils with special educational needs) shall be amended as follows.

(2) In subsection (1), for "a county, voluntary or grant-maintained school," substitute "a community, foundation or voluntary school,".

(3) In subsection (2), for "a county, voluntary or grant-maintained school," substitute "a community, foundation or voluntary school,".

(4) In subsection (3)--

(a) in paragraph (a)--

(i) for "county, voluntary and grant-maintained schools" substitute "community, foundation and voluntary schools", and

(ii) omit ", the funding authority"; and

(b) in paragraph (b), for the words from "the funding" onwards substitute "the governing bodies of community, foundation and voluntary schools."

(5) In subsection (4), for "a county, voluntary or grant-maintained school" substitute "a community, foundation or voluntary school".

(6) In subsection (5), for "each county, voluntary, maintained special or grant-maintained school" substitute "each community, foundation or voluntary or community or foundation special school".

(7) In subsection (6), for "each county, voluntary or grant-maintained school" substitute "each community, foundation or voluntary school".

(8) In subsection (7), for the words from "the articles" onwards substitute "section 42 of the School Standards and Framework Act 1998."

75 (1) Section 318 (provision of goods and services in connection with special educational needs) shall be amended as follows.

(2) In subsection (1)--

(a) in paragraph (a), for "county, voluntary or grant-maintained schools" substitute "community, foundation or voluntary schools", and

(b) in paragraph (b), for "maintained or grant-maintained special schools" substitute "community or foundation special schools".

(3) In subsection (2), for the words from "this section" to "in any other area" substitute "this section to the governing bodies of community, foundation or voluntary schools or community or foundation special schools in any other area".

(4) For subsection (3) substitute--

" (3) A local education authority may supply goods and services to any authority or other person (other than a governing body within subsection (1)) for the purpose only of assisting them in making for any child to whom subsection (3A) applies any special educational provision which any learning difficulty of the child calls for.

(3A) This subsection applies to any child--

(a) who is receiving relevant nursery education within the meaning of section 123 of the School Standards and Framework Act 1998, or

(b) in respect of whose education grants are (or are to be) made under section 1 of the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996. "

76 In section 321(3) (general duty of local education authority towards children for whom they are responsible)--

(a) in paragraph (a), for the words from "maintained" onwards substitute "maintained school", and

(b) for paragraph (b) substitute--

" (b) education is provided for him at a school which is not a maintained school but is so provided at the expense of the authority, " .

77 In section 324 (statement of special educational needs)--

(a) in subsection (5)(b), for "maintained, grant-maintained or grant-maintained special school" substitute "maintained school"; and

(b) after subsection (5) insert--

" (5A) Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998. "

78 In section 327 (access for local education authority to certain schools), for subsection (b) substitute--

" (b) in pursuance of the statement education is provided for the child at a school maintained by another local education authority. "

79 Omit section 330 (assessment of education needs at request of governing body of grant-maintained school).

80 For section 337 substitute--

" 337 Special schools

(1) A school is a special school if it is specially organised to make special educational provision for pupils with special educational needs.

(2) There are the following categories of special school--

(a) special schools maintained by local education authorities, comprising--

(i) community special schools, and

(ii) foundation special schools; and

(b) special schools which are not so maintained but are for the time being approved by the Secretary of State under section 342. "

81 Omit sections 338 to 341 (establishment of maintained and grant-maintained special schools).

82 For section 342 substitute--

" Approval of non-maintained special schools

342 Approval of non-maintained special schools

(1) The Secretary of State may approve under this section any school which--

(a) is specially organised to make special educational provision for pupils with special educational needs, and

(b) is not a community or foundation special school,

and may give his approval before or after the school is established.

(2) Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

(3) Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.

(4) Regulations may make provision as to--

(a) the requirements which are to be complied with by a school while approved under this section, and

(b) the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(5) Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements--

(a) which call for arrangements to be approved by the Secretary of State, or

(b) as to the organisation of any special school as a primary school or as a secondary school.

(6) Regulations shall make provision for securing that, so far as practicable, every pupil attending a special school approved under this section--

(a) receives religious education and attends religious worship, or

(b) is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent. "

83 Omit sections 343 to 346 (government etc. of special schools).

84 In section 348 (provision of special education at non-maintained schools), for subsection (3) substitute--

" (3) In this section "maintained school" means a school maintained by a local education authority. "

85 In section 350 (definitions for purposes of Part V), for subsection (1) substitute--

" (1) In this Part "maintained school" means--

(a) any community, foundation or voluntary school; or

(b) except where otherwise stated, any community or foundation special school not established in a hospital. "

86 In section 352(1)(a) (basic curriculum for maintained schools), for "sections 376 to 381" substitute "Schedule 19 to the School Standards and Framework Act 1998".

87 In section 356 (establishment of the National Curriculum by order)--

(a) in each of subsections (4) and (8), for "by Her Majesty's Stationery Office" substitute "as specified in the order"; and

(b) in subsection (5)(a)(ii), omit the words "(except in the case of grant-maintained schools)".

88 In section 357 (implementation of National Curriculum in schools), omit subsection (2).

89 In section 362 (National Curriculum: development work and experiments)--

(a) in subsection (3), for "a county, controlled or maintained special school" substitute "a community, voluntary controlled or community special school", and

(b) in subsection (4), for "a grant-maintained, aided or special agreement school" substitute "a foundation, voluntary aided or foundation special school".

90 In section 366 (information concerning directions under section 365)--

(a) in subsection (1)(b), omit the words from "where" to "special school,";

(b) in subsection (4), for "a county, voluntary or maintained special school" substitute "a maintained school";

(c) omit subsection (5); and

(d) in subsection (6), for "subsection (1), (4) or (5)" substitute "subsection (1) or (4)".

91 Omit sections 370 to 374 (functions of local education authority etc. in relation to curriculum).

92 Omit sections 376 to 389 (religious education and worship).

93 In section 390 (constitution of advisory councils), for subsection (2) substitute--

" (2) The council shall consist of such groups of persons appointed by the authority as representative members ("representative groups") as are required by subsection (4). "

94 (1) Section 391 (functions of advisory councils) shall be amended as follows.

(2) In subsection (1), for paragraph (a) substitute--

" (a) to advise the local education authority on such matters connected with--

(i) religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and

(ii) the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,

as the authority may refer to the council or as the council may see fit, and " .

(3) Omit subsections (8) and (9).

95 In section 392 (advisory councils: supplementary provisions), omit subsection (4).

96 Omit section 393 (duty to constitute new standing advisory council).

97 (1) Section 394 (determination of cases in which requirement for Christian worship is not to apply) shall be amended as follows.

(2) In subsection (1)--

(a) in paragraph (a), for "county school" substitute "community school";

(b) for paragraph (b) substitute--

" (b) any foundation school which has not been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character, " ; and

(c) for "section 386(2)" substitute "paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship)".

(3) In subsection (4), for "section 387" substitute "paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship)".

(4) In subsection (8), for "a school which becomes a grant-maintained school" substitute "a community school which becomes a foundation school (by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)".

98 In section 395(1) (review of determinations under section 394), for "section 386(2)" substitute "paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998".

99 In section 396(1) (power of Secretary of State to direct council to revoke determination or discharge duty), for "section 386(2)" substitute "paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998".

100 In section 399 (determination of question whether religious education in accordance with trust deed), for "a voluntary or grant-maintained school" substitute "a foundation or voluntary school".

101 In section 402(6) (obligation to enter pupils for public examinations), for "a maintained special school" substitute "a community or foundation special school".

102 In section 403(2) (sex education: manner of provision), for "a maintained special school" substitute "a community or foundation special school".

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27

-- Back --