Education Act 2002 (c. 32)

(The document as of February, 2008)

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(ii) the school organisation committee.

Approval of proposals for maintained schools

3 (1) Where, under paragraph 2, the Secretary of State receives a proposal to establish a community, foundation or voluntary school, he shall--

(a) reject the proposal,

(b) approve it without modification, or

(2) Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified.

(3) Where the specified event does not occur by that date (or, where a later date is specified under paragraph 5(2)(b), that later date), the proposal falls to be considered afresh under sub-paragraph (1).

(4) The Secretary of State shall notify the interested parties and the local education authority which published the proposal of any decision under sub-paragraph (1).

Negotiations to establish an Academy

4 Where the Secretary of State receives under paragraph 2 a proposal to establish an Academy, he shall notify the interested parties and the local education authority which published the proposal if he decides to commence negotiations with a view to entering an agreement under section 482 of the Education Act 1996 (c. 56) for the establishment of the Academy.

Requirement to implement proposal to establish maintained school

5 (1) Where any proposal to establish a community, foundation or voluntary school has been approved under paragraph 3, then (subject to the following provisions of this paragraph) the proposal shall be implemented, in the form in which it was so approved, in accordance with this Schedule.

(2) At the request of any prescribed persons, the Secretary of State--

(a) may modify the proposal after consulting such persons as may be prescribed, and

(b) where any approval was given in accordance with paragraph 3(2), may specify a later date by which the event in question must occur.

(3) If, after consulting such persons as may be prescribed, the Secretary of State is satisfied--

(a) that implementation of the proposal would be unreasonably difficult, or

(b) that circumstances have so altered since approval was given under paragraph 3 that implementation of the proposal would be inappropriate,

he may determine that sub-paragraph (1) shall cease to apply to the proposal.

Proposal relating to community school

6 A proposal to establish a community school which falls to be implemented under paragraph 5 must be implemented by the local education authority that made it.

Proposal relating to foundation or voluntary controlled schools

7 (1) This paragraph applies to a proposal to establish a foundation or voluntary controlled school which falls to be implemented under paragraph 5.

(2) A proposal made by a local education authority must be implemented by the authority.

(3) In any other case, the proposal must be implemented by the local education authority which published it and the promoters, respectively, to such extent (if any) as the proposal provides for each of them to do so.

(4) Where a local education authority are required under sub-paragraph (2) or (3) to provide a site for a proposed foundation or voluntary controlled school, paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 (c. 31) (provision of site and buildings for foundation, voluntary controlled or foundation special school) applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

Proposal relating to voluntary aided schools

8 (1) This paragraph applies to a proposal to establish a voluntary aided school which falls to be implemented under paragraph 5.

(2) It shall be implemented--

(a) so far as relating to the provision of any relevant premises for the school, by the local education authority which published the proposal, and

(b) otherwise by the promoters.

(3) In sub-paragraph (2) "relevant premises" means--

(a) in a case where it is proposed to establish the school at the site specified in the notice under section 70, that site or playing fields, and

(b) in any other case, playing fields.

(4) Sub-paragraphs (5) to (7) apply where a local education authority are required, by virtue of sub-paragraph (2)(a), to provide for a school the site specified in a notice under section 70.

(5) The authority shall transfer their interest in the site and in any buildings on it which are to form part of the school premises--

(a) to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b) if the school has no trustees, to the school's foundation body to be held by that body for the purposes of the schools comprising the group for which that body acts.

(6) If any doubt or dispute arises as to the persons to whom the authority are required to make a transfer under sub-paragraph (5), it shall be made to such persons as the Secretary of State thinks proper.

(7) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(8) Paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under sub-paragraph (2)(b) of this paragraph as it applies in relation to the obligations referred to in sub-paragraph (1)(b) of that paragraph.

(9) Paragraph 19 of that Schedule (assistance from LEA in respect of voluntary aided schools) applies in relation to the obligation under sub-paragraph (2)(b) of this paragraph as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 19) applies accordingly.

Proposal relating to Academies

9 (1) Where a proposal to establish an Academy published under section 70 is implemented by the Secretary of State making an agreement under section 482 of the Education Act 1996 (c. 56), subsection (3) of that section (requirement to consult certain LEAs about the establishment of the school) does not apply.

(2) In section 530 of the Education Act 1996 (compulsory purchase of land), after subsection (1)(b) there is inserted " , or

(c) is required for the purposes of any Academy which has been or is to be established as a result of the implementation of proposals made pursuant to a notice published by the local education authority under section 70 of the Education Act 2002, and forms the whole or part of the site identified in that notice in accordance with subsection (3)(a) of that section. "

Section 72

SCHEDULE 9 Proposals relating to sixth forms: implementation

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

" SCHEDULE 7A Implementation of proposals for restructuring sixth-form education

Introductory

1 (1) This Schedule applies to proposals under section 113A which have been approved by the relevant authority under that section.

(2) The proposals shall (subject to the following provisions of this paragraph) be implemented in the form in which they were so approved, in accordance with this Schedule.

(3) At the request of any persons prescribed in regulations, the relevant authority--

(a) may modify the proposals after consulting such persons as may be prescribed, and

(b) where any approval was given subject to the occurrence of a specified event, may specify a later date by which the event in question must occur.

(4) If the relevant authority is satisfied, after consulting such persons as may be prescribed in regulations--

(a) that implementation of the proposals would be unreasonably difficult, or

(b) that circumstances have so altered since approval was given under section 113A that implementation of the proposals would be inappropriate,

it may determine that sub-paragraph (2) shall cease to apply to the proposal.

Proposals to establish a school

2 To the extent that the proposals are proposals to establish a school, they shall be implemented by the local education authority which it is proposed shall establish the school.

Proposals to make a prescribed alteration

3 (1) To the extent that the proposals are proposals to make a prescribed alteration to a school, they shall be implemented in accordance with this paragraph.

(2) Where the proposals relate to a community school, they shall be implemented by the local education authority which maintains the school.

(3) Where the proposals relate to a voluntary aided school, they shall be implemented--

(a) so far as relating to the provision of any relevant premises, by the local education authority which maintains the school, and

(b) otherwise, by the governing body of the school.

(4) For this purpose "relevant premises" means--

(a) in relation to a local education authority in England, playing fields, and

(b) in relation to a local education authority in Wales--

(i) playing fields, or

(ii) buildings which are to form part of the school premises but are not to be school buildings (within the meaning of the Education Act 1996).

(5) Where the proposals relate to any other school, they shall be implemented by the local education authority which maintains the school and the governing body of the school, respectively, to such extent (if any) as the proposals provide for each of them to do so.

Proposals to discontinue a school

4 To the extent that the proposals are proposals to discontinue a school they shall be implemented--

(a) in the case of proposals relating to a community or community special school, by the local education authority which maintains the school, and

(b) in any other case, by the local education authority which maintains the school and the governing body of the school.

Supplementary

5 Where a local education authority are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

6 Paragraph 17 of that Schedule (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.

7 Paragraph 18 of that Schedule (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly. "

Section 75

SCHEDULE 10 Establishment etc of schools: procedural changes

Proposals for establishment, alteration and discontinuance of schools

1 Schedule 6 to the School Standards and Framework Act 1998 (c. 31) (procedure and implementation of statutory proposals) has effect subject to the following amendments.

2 (1) Paragraph 2 (objections) is amended as follows.

(2) In sub-paragraph (1), after "objections to" there is inserted ", or comments on, ".

(3) In sub-paragraph (2)--

(a) in paragraph (a)--

(i) after "objections" there is inserted "or comments", and

(ii) for ""the objection period"" there is substituted ""the representation period"", and

(b) in paragraph (b)--

(i) after "objections" there is inserted "or comments", and

(ii) for "the objection period" there is substituted "the representation period".

(4) In sub-paragraph (3), after "objections" there is inserted "or comments".

3 (1) Paragraph 3 (approval of proposals) is amended as follows.

(2) In sub-paragraph (1)(a)(i), for "objection period" there is substituted "representation period".

(3) In sub-paragraph (2), at the end there is inserted " or

(d) if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator. "

(4) After sub-paragraph (6) there is inserted--

" (6A) Where the committee reject proposals published by promoters for the establishment of a new foundation or voluntary school, the committee shall, if the promoters so request, refer the proposals to the adjudicator.

(6B) Sub-paragraph (6A) does not apply in relation to proposals published--

(a) by the Diocesan Board of Education for a diocese of the Church of England, or

(b) by or on behalf of the Bishop and Trustees of a diocese of the Roman Catholic Church.

(6C) Where the committee reject proposals to make an alteration to a school which are published by the governing body of the school under section 28, and--

(a) the school is of a prescribed description, and

(b) the alteration is of a prescribed description,

the committee shall refer the proposals to the adjudicator if the governing body so request. "

(5) In sub-paragraph (7)--

(a) for "sub-paragraph (5) or (6)" there is substituted "this paragraph", and

(b) after "sub-paragraphs (2) to (4)" there is inserted "(other than sub-paragraph (2)(d))".

4 (1) Paragraph 4 (determination by LEA whether to implement proposals) is amended as follows.

(2) In sub-paragraph (1)(b), for "objection period" there is substituted "representation period".

(3) After sub-paragraph (4) there is inserted--

" (4A) The authority may, if they think it appropriate to do so and subject to regulations, refer to the relevant committee any proposals which would otherwise fall to be determined by the authority under this paragraph. "

(4) In sub-paragraph (5), after paragraph (b) there is inserted " or

5 (1) Paragraph 5 (requirement to implement proposals) is amended as follows.

(2) After sub-paragraph (6) there is inserted--

" (6A) The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any matter which would otherwise fall to be determined by the committee under this paragraph. "

(3) In sub-paragraph (7), for "sub-paragraph (5) or (6)" there is substituted "this paragraph".

(4) In sub-paragraph (9), the words "or (8)" shall cease to have effect.

(5) After that sub-paragraph there is inserted--

" (10) Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the relevant committee under paragraph 3, those proposals shall be regarded as requiring fresh approval under that paragraph.

(11) Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the adjudicator under paragraph 3, those proposals fall to be considered afresh by him under that paragraph (and sub-paragraph (7) of that paragraph shall accordingly apply). "

6 (1) Paragraph 10 (requirement to implement proposals in Wales) is amended as follows.

(2) In sub-paragraph (6), the words "or (5)" shall cease to have effect.

(3) After that sub-paragraph there is inserted--

" (7) Where, by virtue of sub-paragraph (5), sub-paragraph (1) ceases to apply to any proposals, those proposals shall be regarded as requiring fresh approval under paragraph 8. "

Proposals for rationalisation of school places

7 Schedule 7 to the School Standards and Framework Act 1998 (c. 31) (procedure on proposals for rationalisation of school places) has effect subject to the following amendments.

8 In paragraph 7 (objections)--

(a) in sub-paragraph (1), after "objections to" there is inserted ", or comments on, ", and

(b) in sub-paragraph (2), after "Objections" there is inserted "or comments".

9 (1) Paragraph 8 (approval of proposals) is amended as follows.

(2) In sub-paragraph (2), after "must" there is inserted "(subject to sub-paragraph (2A))".

(3) After that sub-paragraph there is inserted--

" (2A) The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any proposals which would otherwise fall to be dealt with by them under sub-paragraph (2). "

(4) In sub-paragraph (7), for "sub-paragraph (5) or (6)", in both places, there is substituted "this paragraph".

10 In paragraph 9 (local inquiry), in sub-paragraph (1)--

(a) for "paragraph 8(5) or (6)" there is substituted "paragraph 8", and

(b) in paragraph (c), after "objections" (in both places) there is inserted "or comments".

Proposals in relation to sixth forms

11 Schedule 7 to the Learning and Skills Act 2000 (c. 21) (procedure on proposals in relation to inadequate sixth forms) has effect subject to the following amendments.

12 In paragraph 34, after "objections to" there is inserted ", or comments on,".

13 (1) Paragraph 35 (consideration of proposals by school organisation committee) is amended as follows.

(2) In sub-paragraph (1), at the end there is inserted " or

(d) if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator. "

(3) In sub-paragraph (2)(c), after "objections" there is inserted "or comments".

(4) In sub-paragraph (4), for "be treated as being rejected at that time" there is substituted "fall to be considered afresh under sub-paragraph (1)".

(5) In sub-paragraph (7), for "sub-paragraphs (1) to (4)" there is substituted "sub-paragraphs (1)(a) to (c) and (2) to (4)".

14 In paragraph 37 (referral of questions to adjudicator), after sub-paragraph (2) there is inserted--

" (2A) A committee may, where they think it appropriate to do so and subject to regulations, refer to the adjudicator the question mentioned in sub-paragraph (1). "

15 In paragraph 42 (consideration of proposals in Wales), in sub-paragraph (4), for "be treated as being rejected at that time" there is substituted "fall to be considered afresh under sub-paragraph (1)".

Section 119

SCHEDULE 11 School Teachers' Review Body

Membership

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

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

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

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

(a) is adjudged bankrupt,

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

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

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

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

Chairman

6 The chairman may by notice in writing to the Prime Minister--

(a) resign as chairman, or

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

7 Paragraph 4 shall apply to the chairman and for that purpose--

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

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

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

Deputy Chairman

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

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

(a) resign as deputy chairman, or

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

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

Money

12 (1) This paragraph applies to--

(a) a member of the Body;

(b) the chairman;

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

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

(a) a pension;

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

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

Proceedings

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

14 The validity of proceedings of the Body shall not be affected by--

(a) a vacancy in the membership,

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

Transitional provision

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

Section 148

SCHEDULE 12 The General Teaching Councils for England and Wales

Part 1 Amendments of Teaching and Higher Education Act 1998

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

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

" (ee) the supply of teachers;

(ef) the retention of teachers within the teaching profession;

(eg) the standing of the teaching profession; " .

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

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

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

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

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

" (3A) A person is eligible for provisional registration if he satisfies such conditions as may be prescribed.

(3B) A person is not eligible for provisional registration or full registration unless at the relevant time the Council are or were satisfied as to his suitability to be a teacher.

(3C) In subsection (3B) "the relevant time" means--

(a) in relation to an applicant for provisional registration or an applicant for full registration who is already registered with provisional registration, the time of provisional registration, or

(b) in the case of an applicant for full registration who is not already registered with provisional registration, the time of full registration.

(3D) Regulations may provide that any prescribed description of person is, or is not, to be taken to be suitable to be a teacher. "

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

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

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

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

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

" (4A) The Council, in exercising any power to fix fees authorised by virtue of subsection (4), shall have regard to the expenditure of the Council in exercising--

(a) their functions under this Act relating to registration, and

(b) all other functions conferred on them under this Act or any other enactment. "

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

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

5 After section 4 there is inserted--

" 4A Appeals against refusal of registration

(1) Regulations shall make provision for conferring on a person aggrieved by a decision made on relevant grounds to refuse an application made by him for registration under section 3 a right to appeal against the decision to the High Court within 28 days from the date on which notice of the decision is served on him.

(2) The reference in subsection (1) to a decision made on relevant grounds is to a decision made on the ground that at the relevant time the Council were not satisfied of the applicant's suitability to be a teacher.

(3) On such an appeal the Court may make any order which appears appropriate.

(4) No appeal shall lie from any decision of the Court on such an appeal. "

6 After section 6 there is inserted--

" 6A Power to promote teaching profession

(1) The Council may undertake activities designed to promote the standing of the teaching profession.

(2) Without prejudice to the generality of subsection (1), such activities may include--

(a) giving advice,

(b) organising conferences and lectures, and

7 In section 9(1) (which lists provisions applying to the General Teaching Council for Wales), for "and section 7" there is substituted--

" section 6A, and
section 7, " .

8 In section 12 (deduction of fees from salaries etc) in subsection (4), after "section--" there is inserted--

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