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School Standards and Framework Act 1998 (c. 31)(The document as of February, 2008) Page 26 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.27 170 In section 557(9) (adoption of statutory trusts), in the definition of "relevant school" for "a voluntary school or a grant-maintained school" substitute "a foundation or voluntary school". 171 In section 559 (power of local education authorities to prohibit or restrict employment of children)-- (a) in subsection (1), for "county" substitute "community, foundation"; and (b) in subsection (2), for "county" substitute "community, foundation". 172 In section 563(3) (educational records)-- (a) at the end of paragraph (a) insert "and"; and (b) omit paragraph (b). 173 In section 566(1)(b) (evidence: documents), for "a county or voluntary school" substitute "a maintained school". 174 Omit section 567 (stamp duty). 175 In section 568 (orders)-- (a) for subsection (2) substitute-- " (2) For the purposes of subsection (1) "the excepted provisions" are--
(b) in subsection (3), omit "section 517(6),"; and (c) omit subsection (5)(b) and the "or" preceding it. 176 In section 569 (regulations)-- (a) in subsection (2), for "section 480 or 492 or paragraph 1(4) of Schedule 20," substitute "section 492,"; and (b) in subsection (3), for "section 480 or 492 or paragraph 1(4) of Schedule 20" substitute "section 492". 177 In section 570 (revocation and variation of certain orders and directions)-- (a) in subsection (1)-- (i) at the end of paragraph (a) insert "or", and (ii) omit paragraph (b); and (b) in subsection (2), omit ", the funding authority". 178 In section 573 (meaning of expressions relating to alteration etc. of premises or character of schools)-- (a) in subsection (2), omit the words from "and "alterations"" onwards; and (b) omit subsections (4) to (6). 179 Omit section 575 (meaning of expressions relating to employment). 180 In section 576 (meaning of "parent")-- (a) in subsection (1), for "the provisions mentioned in subsection (2)" substitute "section 499(8)"; and (b) omit subsection (2). 181 Omit section 577 (minor authorities). 182 In section 578 (meaning of "the Education Acts"), insert at the appropriate place--
183 In section 579 (general interpretation)-- (a) in subsection (1)-- (i) at the appropriate place insert-- " "assist", in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below; " , (ii) omit the definitions of "the appropriate further education funding council", "exclude", "governing body" (and "governors"), "the local education authority", "reception class" and "relevant age group", (iii) in the definition of "proprietor", for "a county, voluntary or grant-maintained school," substitute "a community, foundation or voluntary or community or foundation special school,", and (iv) for the definition of "trust deed" substitute-- " "trust deed" includes any instrument (other than an instrument of government) regulating the constitution of the school's governing body or the maintenance, management or conduct of the school; " ; and (b) omit subsection (3). 184 In Schedule 1 (pupil referral units)-- (a) in paragraph 6-- (i) for sub-paragraphs (1) and (2) substitute-- " (1) In relation to every pupil referral unit, the local education authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 351(1) (balanced and broadly based curriculum). (2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require-- (a) the local education authority, the management committee (where applicable), or the teacher in charge to exercise, or (b) such of them as may be prescribed to collaborate with each other in exercising, such functions in relation to the curriculum as may be prescribed. " , and (ii) in sub-paragraph (3)(a), for "or under any enactment referred to in sub-paragraph (2)" substitute "sub-paragraph (1) or (2)"; (b) omit paragraphs 12 and 13; and (c) in paragraph 15(2)(c) omit the words "(including grant-maintained schools)". 185 Schedules 2 to 25A shall be omitted. 186 (1) Schedule 27 (making and maintenance of statements under section 324) shall be amended as follows. (2) In paragraph 3-- (a) in sub-paragraph (1), for "the maintained, grant-maintained or grant-maintained special school" substitute "the maintained school"; and (b) in sub-paragraph (4), for "any maintained, grant-maintained or grant-maintained special school" substitute "any maintained school". (3) In paragraph 8(1)(a), for "a maintained, grant-maintained or grant-maintained special school" substitute "a maintained school". 187 Schedule 28 (government and conduct of grant-maintained special schools) shall be omitted. 188 In Schedule 31 (agreed syllabuses of religious education), omit paragraphs 11 and 15. 189 The following provisions shall be omitted-- (a) Schedule 32 (reduction of standard number for admission of pupils); (b) Schedule 33 (admission appeals); (c) Schedule 33A (children to whom section 411A(2) applies: appeals by governing bodies); (d) Schedule 33B (restrictions on admissions to grant-maintained schools); (e) in Schedule 37 (consequential amendments), paragraphs 9, 27, 33, 37(a), 41 , 42(4)(b), 75, 82(1)(b) and the "and" preceding it, 82(2)(a), 82(2)(c) and the "and" preceding it, 82(3), 96(2), 97, 102, 103, 104(3), 105 to 108, 110(2) and (3)(a), 122 and 125(c) and (d); (f) in Schedule 39 (transitional provisions and savings), paragraphs 2(3) and 15; and (g) Schedule 40 (transitory provisions). School Inspections Act 1996 (c. 57)190 The School Inspections Act 1996 shall be amended as follows. 191 (1) Section 10 (inspection of certain schools by registered inspectors) shall be amended as follows. (2) In subsection (3)-- (a) omit "(4) or"; (b) for paragraph (a) substitute-- " (a) community, foundation and voluntary schools; " ; (c) omit paragraph (b); (d) for paragraph (c) substitute-- " (c) community and foundation special schools; " ; and (e) for paragraph (d) substitute-- " (d) special schools which are not community or foundation special schools but are for the time being approved by the Secretary of State under section 342 of the [1996 c. 56.] Education Act 1996 (approval of special schools); " . (3) Omit subsection (4). (4) For subsection (4B) substitute-- " (4B) In subsection (4A) a "closing school" means-- (a) a community, foundation or voluntary or community or foundation special school in respect of which proposals to discontinue the school have been approved, adopted or determined under Schedule 6 or 7 to the School Standards and Framework Act 1998; (b) a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 30 of that Act; (c) a community, foundation or voluntary or community or foundation special school in respect of which the Secretary of State has given a direction to discontinue the school under section 19 or 32 of that Act; (d) a city technology college or city college for the technology of the arts in respect of which notice of termination of an agreement made under section 482 of the [1996 c. 56.] Education Act 1996 has been given; (e) a special school which is not a community or foundation special school but which is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 and which the proprietor has decided to close; or (f) an independent school falling within subsection (3)(e) which the proprietor has decided to close. " 192 (1) Section 11 (application of provisions for inspections) shall be amended as follows. (2) In subsection (2), for the words from "county" onwards substitute "community, foundation or voluntary or community or foundation special schools." (3) In subsection (4)-- (a) in the definition of "appropriate appointing authority", for "aided or special agreement school" substitute "voluntary aided"; and (b) for the definition of "appropriate authority" substitute-- " "appropriate authority" means in relation to a community, foundation or voluntary or community or foundation special school, the school's governing body or, if the school does not have a delegated budget within the meaning of section 49 of the School Standards and Framework Act 1998, the local education authority. " (4) In subsection (5)-- (a) in paragraph (a), for "paragraph (e)," substitute "paragraph (d), (e),"; and (b) in paragraph (b), omit "whose governing body does not have a delegated budget". 193 In section 15(3)(b) (timing of inspections), for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school". 194 (1) Section 16 (destination of reports) shall be amended as follows. (2) In subsection (1)-- (a) in paragraph (a), omit the words from "and, if" to "of State"; and (b) in paragraph (b), for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school". (3) In subsection (3)-- (a) in paragraph (c)-- (i) for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school", and (ii) at the end insert "and"; and (b) omit paragraphs (e) and (f). 195 (1) Section 17 (special measures by appropriate authority) shall be amended as follows. (2) In subsection (3)-- (a) in paragraph (b)-- (i) for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school", and (ii) at the end add "and"; and (b) omit paragraph (c). (3) In subsection (4), for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school". (4) Omit subsection (5)(b) and (c). (5) In subsection (7), for the words from "referred to" to "the case may be," substitute "under section 42 of the School Standards and Framework Act 1998 (governors' reports),". 196 (1) Section 18 (additional special measures by local education authority) shall be amended as follows. (2) In subsection (1)(a), for "a county, voluntary or maintained special school" substitute "a community, foundation or voluntary or community or foundation special school". (3) In subsection (2)(b), for "an aided or special agreement school" substitute "a voluntary aided school". 197 In section 20(3) (destination of reports)-- (a) in paragraph (a), for "a maintained or grant-maintained special school" substitute "a community or foundation special school"; and (b) omit "the funding authority, or". 198 In section 21(4) (special measures by appropriate authority)-- (a) in paragraph (a), for "a maintained or grant-maintained special school" substitute "a community or foundation special school"; and (b) omit "the funding authority, or". 199 (1) Section 23 (inspection of religious education) shall be amended as follows. (2) For subsection (1) substitute-- " (1) It shall be the duty of the governing body of any voluntary or foundation school, which has been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character, to secure that-- (a) denominational education given to any pupils, and (b) the content of the school's collective worship (required by section 70 of that Act), are inspected under this section. " (3) Omit subsections (2) and (3). (4) In subsection (4)(ii), for "section 385 of that Act" substitute "section 70 of the School Standards and Framework Act 1998". (5) In subsection (5)(a), for "a controlled school" substitute "a voluntary controlled school". (6) In subsection (8)-- (a) in paragraph (a), omit "if the inspection is conducted by virtue of subsection (1),"; and (b) in paragraph (b), omit "if the inspection is conducted by virtue of subsection (2),". 200 Omit the following sections-- (a) sections 26 to 30 (miscellaneous powers over schools requiring special measures); (b) sections 31 to 41 (education associations); and (c) section 44 (stamp duty on transfer under section 38 or 39). 201 In section 45 (orders and regulations)-- (a) in subsection (1), omit the words "(except an order under section 38)"; and (b) in subsection (2), omit the words "(except an order under section 31, 33, or 39)". 202 (1) Section 46(1) (interpretation) shall be amended as follows. (2) In the definition of "Church in Wales school" etc, for "section 311(1)" onwards substitute "section 142 of the School Standards and Framework Act 1998;". (3) In the definition of "delegated budget", for "section 116" onwards substitute "section 49 of the School Standards and Framework Act 1998;". (4) Omit the definition of "the transfer date". 203 In paragraph 1 of Schedule 3 (inspections under section 10), for the definition of "appropriate authority" substitute-- " "appropriate authority" means-- (a) in relation to a community, foundation or voluntary or community or foundation special school, the school's governing body or, if the school does not have a delegated budget within the meaning of section 49 of the School Standards and Framework Act 1998, the local education authority; (b) in relation to a maintained nursery school, the local education authority; (c) in the case of a school falling within paragraph (d), (e), (f) or (g) of section 10(3), the proprietor of the school; " . 204 In paragraph 3 of Schedule 4 (inspections of denominational education)-- (a) in sub-paragraph (2), for the words from "governors and" to "and to such" substitute "governors, to the local education authority and to such", and (b) in sub-paragraph (5), for the words from "means" onwards substitute "means the governors' report under section 42 of the School Standards and Framework Act 1998." 205 Schedule 5 (education associations) shall be omitted. 206 In Schedule 6 (consequential amendments), omit paragraph 7. Education Act 1997 (c. 44)207 The Education Act 1997 shall be amended as follows. 208 Omit the following provisions-- (a) sections 2 and 3 (school discipline); (b) sections 6 to 8 (exclusion of pupils); (c) Part III (school admissions). 209 In section 15 (baseline assessments: interpretation), in the definition of "maintained primary school", for paragraphs (a) to (c) substitute-- " (a) a community, foundation or voluntary school, or (b) a community or foundation special school (other than one established in a hospital), " . 210 In section 16(5) (adoption of baseline assessment schemes), for "a school which is maintained by a local education authority," substitute "a maintained primary school,". 211 In section 17 (assessment of pupils)-- (a) in subsection (5), for paragraph (b) substitute-- " (b) the local education authority by whom the school is maintained, " ; and (b) in subsection (7)(a), omit the words from "(except" to "school)". 212 In section 18 (regulations for Chapter I of Part IV)-- (a) in subsection (1)(b), omit the words from "(except" to "school)"; and (b) in subsection (2)(a), omit the words from "(in" to "school)". 213 In section 19 (school performance targets), for subsection (3) substitute-- " (3) In this section "maintained school" means-- (a) a community, foundation or voluntary school, or (b) a community or foundation special school (other than one established in a hospital). " 214 In section 23 (functions of Qualifications and Curriculum Authority)-- (a) in subsection (3), for the words from "receiving nursery" onwards substitute "under compulsory school age."; and (b) in subsection (5), in the definition of "maintained school", for paragraphs (a) to (c) substitute-- " (a) any community, foundation or voluntary school, and (b) any community or foundation special school. " 215 In section 29(3) (functions of Qualifications, Curriculum and Assessment Authority for Wales), for the words from "receiving nursery" onwards substitute "under compulsory school age." 216 In section 42 (miscellaneous amendments relating to school inspections), omit the words "and the Nursery Education and Grant-Maintained Schools Act 1996". 217 In section 43(2) (provision of careers education)-- (a) for paragraph (a) substitute-- " (a) community, foundation and voluntary schools; " ; (b) omit paragraph (b); and (c) for paragraph (c) substitute-- " (c) community or foundation special schools (other than those established in hospitals); " . 218 Omit section 50 (recoupment by local education authority of costs of teachers' premature retirement). 219 In section 52 (commencement of compulsory school age), omit subsections (4) and (5). 220 In section 57 (minor and consequential amendments, repeals etc), omit subsections (2) and (3). 221 In section 58(4) (commencement) omit "section 50,". 222 Omit the following provisions-- (a) Schedules 1 to 3; (b) in Schedule 6, paragraph 5. 223 In Schedule 7 (minor and consequential amendments), omit paragraphs 15 to 22, 25, 31 to 35, 40 and 45 to 51. Education (Schools) Act 1997 (c. 59)224 In section 2 of the Education (Schools) Act 1997 (transitional arrangements for existing assisted pupils), after subsection (6) add-- " (7) Nothing in subsection (1) shall be taken as prejudicing the operation of any regulations under section 3 by virtue of which assisted places authorised to be provided under that subsection by a former participating school may instead be so provided by another such school or a new school created on the merger of such a school with another school. " Audit Commission Act 1998 (c. 18)225 In section 36(3) of the Audit Commission Act 1998 (studies at request of educational bodies)-- (a) for the words from "corporation, a" to "school" substitute "corporation or further education corporation", and (b) in paragraph (b), omit "or governing body". Section 140(3). SCHEDULE 31 Repeals
Section 144. SCHEDULE 32 Transitional provisions and savingsPart I FundingInterpretation1 In this Part of this Schedule--
Continued operation of GMS grants provisions2 (1) Subject to the provisions of this paragraph, the GMS grants provisions shall continue to have effect on and after the appointed day in relation to-- (a) any payments of maintenance grant under section 244 or 250 of the 1996 Act in respect of any financial year (or part of such a year) beginning before that day; and (b) any payments of capital or special purpose grants under section 245, 246, 251 or 252 of that Act made before that day. (2) Regulations may provide-- (a) for any functions of the funding authority under the GMS grants provisions-- (i) to be discharged instead by the Secretary of State as from a date specified in the regulations, or (ii) to be discharged instead by local education authorities as from the appointed day (either subject to obtaining the Secretary of State's consent or otherwise); and (b) for any of those provisions to have effect, for any purposes specified in the regulations, with such modifications as are so specified. (3) Regulations under sub-paragraph (2) shall not authorise a local education authority to impose any requirement under section 247(1) of that Act (as it has effect by virtue of sub-paragraph (1)); but the Secretary of State may by order-- (a) impose such a requirement; or (b) waive or remove such a requirement even though a local education authority is by such regulations also authorised to do so. (4) In this paragraph "the GMS grants provisions" means sections 244 to 254 and 256 to 258 of the 1996 Act and any regulations in force under any of those provisions immediately before the appointed day. Existing loans3 (1) Any loan made under section 255 of the 1996 Act (loans to governing bodies) shall not be affected by the repeal of that section by this Act. (2) Where such a loan was made by the funding authority, any rights or liabilities of the authority in respect of the loan shall become rights or liabilities of the Secretary of State on the appointed day. Grants by Secretary of State in respect of planned expenditure4 (1) Regulations may provide for the payment by the Secretary of State of grants to-- (a) the governing bodies of schools to which this paragraph applies, or (b) local education authorities, in respect of relevant expenditure incurred or to be incurred by them. 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 --
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