Education Act 2002 (c. 32)

(The document as of February, 2008)

-- Back --

Page 13

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

as the case may be.

Sections 35(7) and 36(7)

SCHEDULE 2 Effect on staffing of suspension of delegated budget

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

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

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

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

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

Part 2 Foundation, voluntary aided and foundation special schools

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

6 Except with the consent of the authority, the governing body shall not--

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

(b) dismiss any teacher at the school.

7 The authority may give the governing body directions--

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

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

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

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

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

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

Section 40

SCHEDULE 3 Amendments of Part 2 of School Standards and Framework Act 1998

Introductory

1 In this Schedule "the 1998 Act" means the School Standards and Framework Act 1998.

Expenditure incurred for community purposes

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

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

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

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

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

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

4 After section 51 of the 1998 Act there is inserted--

" Expenditure incurred for community purposes

51A Expenditure incurred for community purposes

(1) Expenditure incurred by the governing body of a maintained school in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the local education authority may be recovered by them from the governing body.

(2) Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in the exercise of the power referred to in subsection (1) shall be met from the school's budget share for any financial year.

(3) Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget. "

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

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

Teachers engaged otherwise than as employees

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

(2) In subsection (2)--

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

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

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

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

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

(a) in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and

(b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement. " .

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

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

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

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

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

Section 51

SCHEDULE 4 Admission arrangements

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

Meaning of "appeal panel"

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

Parental preferences

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

(2) In subsection (2), for "subsections (3) and (6)" there is substituted "subsections (3) and (3A)".

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

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

(4) In subsection (3)--

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

(b) paragraph (b) is omitted.

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

" (3A) In relation to a preference expressed by a parent as to the school at which he wishes secondary education suitable to the requirements of pupils who are over compulsory school age to be provided for his child, the duty imposed by subsection (2) also does not apply if the relevant selection arrangements are wholly based on selection by reference to ability or aptitude and compliance with the preference would be incompatible with selection under those arrangements.

(3B) In subsection (3A) "the relevant selection arrangements", in relation to a school, means--

(a) the arrangements for admission to the school for secondary education suitable to the requirements of pupils who are over compulsory school age, or

(b) those arrangements and the arrangements for entry to the sixth form of children who have been admitted to the school;

and references in this subsection to entry to the sixth form of children who have been admitted to a school shall be construed in accordance with section 94(7). "

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

(7) In subsection (8), for "subsection (3)" there is substituted "subsections (3) and (3A)".

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

Children permanently excluded from two or more schools

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

" (4) However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if--

(a) he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002,

(b) on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided--

(i) that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but

(ii) that it would otherwise have been appropriate to give such a direction, or

(4A) In subsection (4) "the relevant authority" means--

(a) the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or

(b) a panel constituted in accordance with regulations under subsection (3)(c) of that section. "

Procedure for determining admission arrangements

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

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

" (2) Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely--

(a) whichever of the governing body and the local education authority are not the admission authority,

(b) the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed,

(c) the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), and

(d) the admission authorities for maintained schools of any prescribed description.

(2A) Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if--

(a) the admission authority are the school's governing body, and

(b) prescribed conditions are satisfied in relation to that year. "

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

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

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

(5) After that subsection there is inserted--

" (8A) The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it--

(a) by giving a notice containing the information to prescribed persons, or

(b) in any other prescribed manner. "

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

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

(7) After that subsection there is inserted--

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

Reference of objections

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

Publication of information

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

" 92 Publication of information about admissions

Regulations may--

(a) require the publication by a local education authority of such information relating to admissions as may be prescribed,

(b) require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed,

(c) require or allow the publication by the governing body of any school maintained by a local education authority, or by the local education authority on behalf of the governing body, of such information relating to the school as may be prescribed, and

(d) make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published. "

Appeal arrangements: general

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

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

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

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

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

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

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

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

(7) After that subsection there is inserted--

" (7) References in this section, 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 secondary education suitable to the requirements of pupils who are over compulsory school age is provided from a class in which such education is not provided. "

Appeals relating to children to whom section 87 applies

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

" (3) An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations.

(3A) Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision--

(a) requiring prescribed information to be given to governing bodies in prescribed circumstances,

(b) as to the procedure on such appeals,

(d) as to the matters to which an appeal panel is to have regard in considering an appeal.

(3B) Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel. "

Direction to admit child to specified school

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

Procedure for giving direction under section 96

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

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

" (4) On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so--

(a) where the local education authority referred to in subsection (1) are the admission authority for that school, they shall--

(i) admit the child to the school, and

(ii) give notice in writing to the governing body and head teacher of the school of the Secretary of State's determination, and

(b) in any other case, that school shall be specified in the direction. "

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

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

Nursery education, special schools and children with statements

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

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

" (2) The admission of children to a school for nursery education shall be disregarded--

(a) for the purposes of any determination under section 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and

(b) in determining for the purposes of section 89A what is a relevant age group in relation to a primary school. "

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

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

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

(4B) Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools. "

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

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

" (9) Such children shall, in addition, be taken into account for the purposes of--

(a) the references in section 86(5), (5B) and (9) to a number of pupils, and

(b) any determination under section 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year. "

Diocesan Boards of Education Measure 1991

13 In section 3(1) of the Diocesan Boards of Education Measure 1991 (1991 No. 2) (transactions for which advice or consent of Board is required), after paragraph (c) there is inserted--

" (cc) consulting under section 89(2) of that Act about proposed admission arrangements for any school year; " .

Education Act 1996

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

Section 56(3)

SCHEDULE 5 Schools causing concern: amendments consequential on sections 55 and 56

1 In section 14 of the School Standards and Framework Act 1998 (c. 31) (powers of intervention exercisable by local education authorities) for subsection (3) there is substituted--

" (3) Those provisions shall not apply to a school to which section 15 applies by virtue of subsection (4) or (6) of that section (school with serious weaknesses or requiring special measures) if, in connection with the same inspection falling within subsection (4)(a) or (6)(a) of that section--

(a) the Secretary of State has exercised in relation to the school his power under section 18 (power to appoint additional governors) and any additional governors appointed in the exercise of that power remain in office; or

(b) he has exercised in relation to the school his power under section 19 (power to direct closure of school). "

2 (1) Section 16 of that Act (power of local education authority to appoint additional governors) is amended as follows.

(2) For subsection (3) there is substituted--

" (3) Where this section so applies in the case of a school falling within section 15(4) (school with serious weaknesses) or section 15(6) (school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely--

(a) the Secretary of State has given the local education authority a notice under section 16A(3) of the School Inspections Act 1996, and

(b) a period of not less than ten days has elapsed since the date of the notice. "

(3) Subsection (4) is omitted.

(4) In subsection (6)(a), for "section 15(6)" there is substituted "section 15(4) or (6)".

(5) In subsection (8)--

(a) in paragraph (a), for "section 15(6)" there is substituted "section 15(4) or (6)", and

(b) for paragraph (b) there is substituted--

" (b) paragraph (a) of section 14(3) does not apply in connection with the same inspection falling within subsection (4)(a) or (6)(a) of section 15, " .

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

" (9) The power conferred by subsection (8) is only exercisable if the following conditions are satisfied, namely--

(a) the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received from the Chief Inspector a notice under section 16A(2) of the School Inspections Act 1996, and

(b) a period of not less than ten days has elapsed since the date of the notice from the Secretary of State. "

(7) After subsection (12) there is inserted--

" (12A) The Secretary of State may in respect of any particular school determine that subsections (3)(b) and (9)(b) shall have effect as if the reference to ten days were to such shorter period as he may determine. "

(8) Subsection (13) is omitted.

3 (1) Section 17 of that Act (power of local education authority to suspend right to delegated budget) is amended as follows.

(2) For subsection (3) there is substituted--

(a) the Secretary of State has given the local education authority a notice under section 16A(3) of the School Inspections Act 1996, and

(b) a period of not less than ten days has elapsed since the date on which the copy was given. "

(3) In subsection (4), for "subsection (3)(c)" there is substituted "subsection (3)(b)".

Section 59

SCHEDULE 6 Governing bodies consisting of interim executive members - Schedule to be inserted in School Standards and Framework Act 1998 as Schedule 1A

Interpretation of Schedule

1 (1) In this Schedule--

"the appropriate authority" means--
(a)
where this Schedule applies by virtue of a notice under section 16A(1), the local education authority who gave the notice, and
(b)
where this Schedule applies by virtue of a notice under section 18A(1), the Secretary of State;
"existing governors", in relation to a school in respect of which a notice under section 16A(1) or 18A(1) has been given, means the governors who hold office immediately before the governing body becomes constituted in accordance with this Schedule;
"the interim period", in relation to a school in respect of which a notice under section 16A(1) or 18A(1) has been given, means the period during which the governing body is constituted in accordance with this Schedule;
"a normally constituted governing body" means a governing body constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002 (governing bodies).

(2) In this Schedule any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.

Governing body to consist of members appointed by appropriate authority

2 (1) The governing body of the school shall consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002.

(2) In the following provisions of this Schedule--

(a) the governing body as constituted in accordance with this Schedule is referred to as "the interim executive board", and

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

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

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

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

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

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

Interim executive members

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

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

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

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

(2) An interim executive member--

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

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

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

Duty of appropriate authority to inform other persons

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

(a) to every interim executive member,

(b) to every existing governor of the school,

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

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

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

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

Power to specify duration of interim period

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

Chairman

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

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

-- Back --

Stat