Education Act 2002 (c. 32)

(The document as of February, 2008)

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" (2A) In paragraph (f) of subsection (2) "criteria" includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph (g) of that subsection is to be construed accordingly. "

3 (1) Section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Authority of their functions) is amended as follows.

(2) In subsection (3), the words "or approve" and the words "and subject to such conditions" are omitted.

(3) After that subsection there is inserted--

" (3A) Where in carrying out those functions the Authority accredit any qualification, they may, at the time of accreditation or later, impose such conditions on accreditation or continued accreditation as they may determine. "

(4) In subsection (4), for paragraph (b) there is substituted--

" (b) requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority--

(i) to satisfy themselves that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation, or

(ii) to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be. "

4 After section 26 of the Education Act 1997 (c. 44) there is inserted--

" 26A Power of Authority to give directions

(1) If it appears to the Qualifications and Curriculum Authority--

(a) that any person (in this section referred to as "the awarding body") who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b) that the failure--

(i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(2) It shall be the duty of the awarding body to comply with any direction under this section.

(3) Any direction under this section is enforceable, on the application of the Qualifications and Curriculum Authority--

(a) in England and Wales, by a mandatory order, or

(b) in Northern Ireland, by an order of mandamus. "

The Qualifications, Curriculum and Assessment Authority for Wales

5 (1) Section 29 of the Education Act 1997 (functions of the Qualifications, Curriculum and Assessment Authority for Wales in relation to curriculum and assessment) is amended as follows.

(2) In subsection (1) for the words from "with respect to" to the end there is substituted " with respect to--

(a) pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

(b) pupils at maintained nursery schools in Wales, and

(c) children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school. "

(3) In subsection (2)--

(a) in paragraph (a), for "such schools" there is substituted "maintained schools or maintained nursery schools", and

(b) paragraph (f) and the word "and" immediately preceding it are omitted.

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

" (2A) In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education. "

(5) Subsections (3) and (4) are omitted.

(6) At the end of subsection (5) there is inserted "; and "funded nursery education" has the meaning given by section 98 of the Education Act 2002;".

6 In any order made before the commencement of this paragraph under section 30(1) of the Education Act 1997 (c. 44) (power to confer functions on Qualifications, Curriculum and Assessment Authority for Wales) any reference to functions falling within paragraph (f) of section 24(2) of that Act is to be taken to be a reference to those functions as extended by virtue of paragraph 2 of this Schedule.

7 (1) Section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) is amended as follows.

(2) In subsection (3), the words "or approve" and the words "and subject to such conditions" are omitted.

(3) After that subsection there is inserted--

(4) In subsection (4), for paragraph (b) there is substituted--

" (b) requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority--

(ii) to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be. "

8 After section 32 of the Education Act 1997 there is inserted--

" 32A Power of Authority to give directions

(1) If it appears to the Qualifications, Curriculum and Assessment Authority for Wales--

(b) that the failure--

(i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(2) It shall be the duty of the awarding body to comply with any direction under this section.

(3) Any direction under this section is enforceable, on the application of the Qualifications, Curriculum and Assessment Authority for Wales, by a mandatory order. "

Provisions extending to Northern Ireland

9 In section 58(6) of the Education Act 1997 (c. 44) (provisions extending to Northern Ireland), for "section 26" there is substituted "sections 26 and 26A".

Section 195

SCHEDULE 18 Special Educational Needs Tribunal for Wales

Special Educational Needs

1 The Education Act 1996 (c. 56) is amended as follows.

2 In section 313 (code of practice), for subsection (5) there is substituted--

" (5) In this Part (except sections 333 to 336), "the Tribunal", in relation to an appeal, means--

(a) where the local education authority concerned is in England, the Special Educational Needs and Disability Tribunal,

(b) where the local education authority concerned is in Wales, the Special Educational Needs Tribunal for Wales. "

3 In section 326A (unopposed appeals), for subsection (6) there is substituted--

" (6) In this section, "prescribed" means prescribed by regulations made--

(a) in relation to an appeal to the Special Educational Needs and Disability Tribunal, by the Secretary of State,

(b) in relation to an appeal to the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales. "

4 In section 333 (constitution of Tribunal), before subsection (1) there is inserted--

" (1Z) In this section and sections 334 to 336, "the Tribunal" means the Special Educational Needs and Disability Tribunal. "

5 After section 336 there is inserted--

" 336ZA Special Educational Needs Tribunal for Wales

(1) There shall be a tribunal to be known as Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales.

(2) Sections 333 to 336 shall apply in relation to that tribunal as they apply in relation to the Special Educational Needs and Disability Tribunal, but as if--

(a) functions of the Secretary of State were functions of the National Assembly for Wales,

(b) references to the Secretary of State were references to the National Assembly for Wales,

(3) The powers of the National Assembly for Wales under sections 333(4) and (5) and 334(2) are exercisable only with the agreement of the Secretary of State. "

6 In section 336A, for subsection (2) there is substituted--

" (2) In subsection (1), "prescribed" means prescribed by regulations made--

(a) as to orders of the Special Educational Needs and Disability Tribunal, by the Secretary of State,

(b) as to orders of the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales with the agreement of the Secretary of State. "

Disability Discrimination

7 The Disability Discrimination Act 1995 (c. 50) is amended as follows.

8 (1) In section 28H (Special Educational Needs and Disability Tribunal), for subsections (2) and (3) there is substituted--

" (2) In this Chapter--

"the Tribunal" means the Special Educational Needs and Disability Tribunal, and
"the Welsh Tribunal" means the Special Educational Needs Tribunal for Wales.

(3) In addition to the jurisdiction of those tribunals under Part 4 of the Education Act 1996, each of them is to exercise the jurisdiction conferred on it by this Chapter. "

(2) For the heading of that section there is substituted "Tribunals".

9 (1) Section 28I (jurisdiction and powers of the Tribunal) is amended as follows.

(2) In subsections (1) and (3), for "Tribunal" there is substituted "appropriate tribunal".

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

" (5) Subject to regulations under section 28J(8), the appropriate tribunal--

(a) for a claim against the responsible body for a school in England, is the Tribunal,

(b) for a claim against the responsible body for a school in Wales, is the Welsh Tribunal. "

10 (1) Section 28J (procedure) is amended as follows.

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

" (2A) If made with the agreement of the National Assembly, the regulations apply to the Welsh Tribunal as they apply to the Tribunal, subject to such modifications as may be specified in the regulations. "

(3) In subsection (3) after "Tribunal" there is inserted "or the Welsh Tribunal".

(4) Subsection (4) is omitted.

(5) In subsection (5), after "Tribunal" there is inserted "or the Welsh Tribunal".

(6) In subsection (6), for "Wales" there is substituted "the Welsh Tribunal".

(7) In subsection (7), after "Tribunal" there is inserted "or the Welsh Tribunal".

(8) In subsection (8), at the end there is inserted " , including provision--

(a) for determining the appropriate tribunal for the purposes of section 28I for such a claim, and

(b) for the transfer of proceedings between the Tribunal and the Welsh Tribunal. "

11 In section 28M (roles of the Secretary of State and the National Assembly), in subsection (5), after "Tribunal" there is inserted "or the Welsh Tribunal".

12 In Part 3 of Schedule 3 (enforcement and procedure: discrimination in schools), in paragraph 10 after "Tribunal" in each place there is inserted "or the Welsh Tribunal".

13 Section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel appointed for the Special Educational Needs Tribunal for Wales under section 333(2) of the Education Act 1996 (c. 56).

Consequential amendments

14 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) there is inserted in the appropriate place--

" President of the Special Educational Needs Tribunal for Wales, or member of a panel of persons appointed to act as chairman or other member of that Tribunal. "

15 In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (bodies subject to the supervision of the Council), in paragraph 40B--

(a) the existing entry becomes sub-paragraph (a), and

(b) after that sub-paragraph there is inserted--

" (b) the Special Educational Needs Tribunal for Wales. "

16 In section 42 of the Special Educational Needs and Disability Act 2001 (c. 10), subsection (2) (National Assembly for Wales and functions under section 336 of the Education Act 1996 (c. 56)) is omitted.

Saving and transitional provision

17 The amendments made by any provision of this Schedule do not affect--

(a) appeals instituted under Part 4 of the Education Act 1996, or

(b) claims made under section 28I of the Special Educational Needs and Disability Act 2001,

before the coming into force of that provision.

18 Regulations made, or having effect as if made, under any of sections 326A and 333 to 336A of the Education Act 1996 in relation to the Special Educational Needs and Disability Tribunal have effect in relation to the Special Educational Needs Tribunal for Wales until superseded by regulations made in relation to that Tribunal, but as if references to the Secretary of State were references to the National Assembly for Wales.

Section 199

SCHEDULE 19 Transport for persons over compulsory school age

1 The Education Act 1996 is amended as follows.

2 In section 509 (provision of transport etc.)--

(a) in subsections (1) and (1A) after "persons" there is inserted "not of sixth form age",

(b) in subsection (3) after "person" there is inserted "not of sixth form age",

" (c) make provision for persons receiving full-time education or training at institutions mentioned in subsection (1A) which is no less favourable than the provision made in pursuance of the arrangements for persons of the same age with learning difficulties (within the meaning of section 13 of the Learning and Skills Act 2000) for whom the authority secures the provision of education at any other institution. "

(d) at the end there is inserted--

" (7) References in this section to persons not of sixth form age shall be construed in accordance with subsection (1) of section 509AC. "

3 After section 509 there is inserted--

" 509AA Provision of transport etc. for persons of sixth form age

(1) A local education authority shall prepare for each academic year a transport policy statement complying with the requirements of this section.

(2) The statement shall specify the arrangements for the provision of transport or otherwise that the authority consider it necessary to make for facilitating the attendance of persons of sixth form age receiving education or training--

(a) at schools,

(b) at any institution maintained or assisted by the authority which provides further education or higher education (or both),

(d) at any establishment (not falling within paragraph (b) or (c)) which is supported by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(3) The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2).

(4) The statement shall specify the arrangements proposed to be made by the governing bodies of--

(a) schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and

(b) institutions within the further education sector in the authority's area,

for the provision of transport for facilitating the attendance of persons of sixth form age receiving education or training at the schools and institutions and for the provision of financial assistance in respect of the travelling expenses of such persons.

(5) Those governing bodies shall co-operate in giving the local education authority any information and other assistance that is reasonably required by the authority for the performance of their functions under this section and section 509AB.

(6) The statement shall specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985 (c. 67)) which are to be provided under any scheme established under section 93 of that Act to persons of sixth form age receiving education at any establishment such as is mentioned in subsection (2) above in the authority's area.

(7) The authority shall--

(a) publish the statement, in a manner which they consider appropriate, on or before 31st May in the year in which the academic year in question begins, and

(b) make, and secure that effect is given to, any arrangements specified under subsections (2) and (3).

(8) Nothing in this section prevents a local education authority from making, at any time in an academic year, arrangements--

(a) which are not specified in the transport policy statement published by the authority for that year, but

(b) which they have come to consider necessary for the purposes mentioned in subsections (2) and (3).

(9) The Secretary of State may, if he considers it expedient to do so, direct a local education authority to make for any academic year--

(a) arrangements for the provision of transport or otherwise for facilitating the attendance of persons of sixth form age receiving education or training at establishments such as are mentioned in subsection (2), or

(b) arrangements for providing financial assistance in respect of the reasonable travelling expenses of such persons,

which have not been specified in the transport policy statement published by the authority for that academic year.

(10) The Secretary of State may by order amend subsection (7)(a) by substituting a different date for 31st May. "

4 After section 509AA there is inserted--

" 509AB Further provision about transport policy statements

(1) A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties.

(2) A statement prepared under that section shall--

(a) specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the local education authority which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and

(b) specify arrangements for persons with learning difficulties receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties attending such schools.

(3) In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the local education authority shall have regard (amongst other things) to--

(a) the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,

(b) the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,

(c) the distance from the homes of persons of sixth form age in their area of establishments such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and

(d) the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.

(4) In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a local education authority shall have regard (amongst other things)--

(a) to the nature of the route, or alternative routes, which he could reasonably be expected to take; and

(b) to any wish of his parent for him to be provided with education or training at a school, institution or other establishment in which the religious education provided is that of the religion or denomination to which his parent adheres.

(5) In preparing a statement under section 509AA a local education authority shall have regard to any guidance issued by the Secretary of State under this section.

(6) In preparing a statement under that section a local education authority shall consult--

(a) any other local education authority that they consider it appropriate to consult,

(b) the governing bodies mentioned in subsection (4) of that section,

(c) the Learning and Skills Council for England (in the case of a local education authority in England) or the National Council for Education and Training for Wales (in the case of a local education authority in Wales), and

(d) any other person specified by the Secretary of State for the purposes of this section.

(7) In preparing a statement under that section a local education authority shall also consult--

(a) where they are the local education authority for a district in a metropolitan county, the Passenger Transport Authority for that county, and

(b) where they are the local education authority for a London borough or the City of London, Transport for London. "

5 After section 509AB there is inserted--

" 509AC Interpretation of sections 509AA and 509AB

(1) For the purposes of sections 509AA and 509AB a person receiving education or training at an establishment is of sixth form age if he is over compulsory school age but--

(a) is under the age of 19, or

(b) has begun a particular course of education or training at the establishment before attaining the age of 19 and continues to attend that course.

(2) References in section 509AA to an establishment supported by the Learning and Skills Council for England are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 5(2) of the Learning and Skills Act 2000.

(3) References in section 509AA to an establishment supported by the National Council for Education and Training for Wales are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 34(2) of the Learning and Skills Act 2000.

(4) References in section 509AB to persons with learning difficulties are to be construed in accordance with section 13(5) and (6) of the Learning and Skills Act 2000.

(5) In sections 509AA and 509AB and this section--

"academic year" means any period commencing with 1st August and ending with the next 31st July;
"disabled person" has the same meaning as in the Disability Discrimination Act 1995;
"establishment" means an establishment of any kind, including a school or institution;
"governing body", in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992.

(6) The Secretary of State may by order amend the definition of "academic year" in subsection (5). "

6 In section 509A (travel arrangements for children receiving nursery education otherwise than at school), after subsection (4) there is inserted--

" (4A) Regulations may require a local education authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority's policy and arrangements relating to the making of provision under this section. "

Section 206

SCHEDULE 20 Nuisance or disturbance on educational premises

1 (1) Section 547 of the Education Act 1996 (c. 56) (nuisance or disturbance on premises of a school maintained by a local education authority) is amended in accordance with sub-paragraphs (2) to (6).

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

" (aa) any special school not so maintained, and

(ab) any independent school. "

(3) After that subsection there is inserted--

" (2A) This section also applies to any premises which are--

(a) provided by a local education authority under section 508, and

(b) used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities. "

(4) In subsection (3)(b) for "a local education authority have" there is substituted "the appropriate authority has".

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

" (4) In subsection (3) "the appropriate authority" means--

(a) in relation to premises of a foundation, voluntary aided or foundation special school, a local education authority or the governing body,

(b) in relation to--

(i) premises of any other school maintained by a local education authority, and

(ii) premises provided by a local education authority as mentioned in subsection (2A),

a local education authority, and

(c) in relation to premises of a special school which is not so maintained or of an independent school, the proprietor of the school. "

(6) For subsections (6) and (7) there is substituted--

" (6) No proceedings for an offence under this section shall be brought by any person other than--

(a) a police constable, or

(b) an authorised person.

(7) In subsection (6) "authorised person" means--

(a) in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a local education authority or a person whom the governing body have authorised to bring such proceedings,

(b) in relation to an offence committed--

(i) on premises of any other school maintained by a local education authority, or

(ii) on premises provided by a local education authority as mentioned in subsection (2A),

a local education authority, and

(c) in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, a person whom the proprietor of the school has authorised to bring such proceedings. "

2 After section 85 of the Further and Higher Education Act 1992 (c. 13) there is inserted--

" 85A Nuisance or disturbance on educational premises

(1) Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) This section applies to premises, including playing fields and other premises for outdoor recreation, of--

(a) any institution (other than a school) which is maintained by a local education authority and provides further education or higher education (or both), and

(b) any institution within the further education sector.

(3) If--

(a) a police constable, or

(b) a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,

has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.

(4) In subsection (3) "the appropriate authority" means--

(a) in relation to premises of an institution such as is mentioned in subsection (2)(a), a local education authority, and

(b) in relation to premises of an institution within the further education sector, the governing body.

(5) No proceedings under this section shall be brought by any person other than--

(a) a police constable, or

(b) an authorised person.

(6) In subsection (5) "authorised person" means--

(a) in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a local education authority, and

(b) in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings. "

Section 215(1)

SCHEDULE 21 Minor and consequential amendments

Local Government Act 1972 (c. 70)

1 In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176 of that Act) for subsection (1A) there is substituted--

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