Education Act 2005 (c. 18)

(The document as of February, 2008)

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(b) references to proposals are to proposals made under section 28, 28A, 29 or 31 of the 1998 Act, Schedule 7 to the Learning and Skills Act 2000 (c. 21), section 66 of this Act or paragraph 7 of this Schedule, and

(i) any determination whether or not to approve the proposals under paragraph 3 of Schedule 6 to the 1998 Act,

(ii) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000 (c. 21),

(iii) any determination whether or not to approve the proposals under paragraph 4 of Schedule 10, or

(iv) any determination whether or not to approve the proposals under paragraph 9 or 11 of this Schedule.

6 (1) Where a local education authority publish any proposals under section 28, 28A, 29 or 31 of the 1998 Act in pursuance of a direction under paragraph 3(2) or 4(2), those proposals require approval under paragraph 3 of Schedule 6 to the 1998 Act, despite anything in paragraph 3(1)(a) or 4 of that Schedule.

(2) Proposals made by any person under section 28, 28A, 29 or 31 of the 1998 Act in pursuance of a direction given to that person under paragraph 3(2) or 4(2) may not be withdrawn without the consent of the Secretary of State and such consent may be given on such conditions (if any) as the Secretary of State considers appropriate.

(3) Where the governing body of a foundation, voluntary or foundation special school make any proposals in pursuance of a direction given to the governing body under paragraph 3(2)(b) or 4(2)(b), the local education authority must reimburse any expenditure reasonably incurred by the governing body in making the proposals.

(4) Where--

(a) proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of any such direction under paragraph 3(2)(b) or 4(2)(b) are approved, or as the case may be, determined to be implemented, or

(b) proposals approved under paragraph 9 or 11 have effect as mentioned in paragraph 13(b),

then, despite anything in Part 3 of Schedule 6 to the 1998 Act, the local education authority must defray the cost of implementing the proposals.

Part 3 Proposals by Secretary of State

7 (1) Where--

(a) in relation to the area of any local education authority or any part of such an area, the Secretary of State--

(i) has given the local education authority a direction under paragraph 3(2)(a) or 4(2)(a) to make proposals for the establishment, alteration or discontinuance of schools, or

(ii) has given the governing body of a foundation, voluntary or foundation special school a direction under paragraph 3(2)(b) or 4(2)(b) to make proposals for the alteration of their school, and

(b) any of the conditions in sub-paragraph (3) is met,

he may make any such proposals as might have been made in accordance with the direction relating to that area or that part of that area by the person to whom the direction was given.

(2) In determining for the purposes of sub-paragraph (1) what proposals might have been made by a local education authority under section 28A of the 1998 Act, it is to be assumed that no notice under section 66 of this Act has been published and that the Secretary of State consents to the publication of the proposals under section 28A.

(3) The conditions referred to in sub-paragraph (1)(b) are--

(a) that the person to whom the direction was given has failed to publish within the time specified in the direction proposals under section 28, 28A, 29 or 31 of the 1998 Act or a notice under section 66,

(b) that the person to whom the direction was given has published proposals under section 28, 28A, 29 or 31 of the 1998 Act but it appears to the Secretary of State that the proposals are inadequate,

(c) that a notice under section 66 has been published in pursuance of the direction but the period within which proposals must be published under subsection (8)(a) or (b) of that section has passed without any proposals being published, or

(d) that proposals have been published under (8)(a) or (b) of section 66 in pursuance of a notice published in pursuance of the direction but either--

(i) every set of proposals has been withdrawn, or

(ii) every set of proposals, apart from any that has been withdrawn, appears to the Secretary of State to be inadequate.

(4) Proposals under this paragraph must--

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

(5) The Secretary of State must send a copy of the proposals to the school organisation committee for the area to which the proposals relate.

Part 4 Procedure for dealing with proposals under paragraph 7

Objections

8 (1) Any person may make objections to, or comments on, any proposals published under paragraph 7.

(2) Objections or comments under this paragraph--

(a) must be sent to the school organisation committee for the area to which those proposals relate, and

(b) must be so sent within such period as may be prescribed.

Approval of proposals

9 (1) Proposals published under paragraph 7 require the approval of the school organisation committee under this paragraph or of the adjudicator under paragraph 11.

(2) Where the school organisation committee receive a copy of the proposals published under paragraph 7, they must (subject to sub-paragraph (3) and (8)) either--

(a) approve them without modification, or

(b) approve them with such modifications as the committee thinks desirable and to which the Secretary of State consents, or

(3) 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) Any approval given under this paragraph may, with the consent of the Secretary of State, be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(5) When deciding whether or not to give any approval under this paragraph the committee must have regard to any guidance given from time to time by the Secretary of State.

(6) If--

(a) by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on the question whether to give any approval under this paragraph, and

(b) the Secretary of State requests the committee to refer his proposals to the adjudicator,

the committee must refer the Secretary of State's proposals to the adjudicator.

(7) If the committee--

(a) have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4 to the 1998 Act) falls to be decided by them under this paragraph by a unanimous decision but have failed to reach such a decision on the matter, or

(b) have decided not to give any approval under this paragraph,

the committee must refer the Secretary of State's proposals to the adjudicator.

(8) The Secretary of State may at any time give a direction to a school organisation committee requiring them to refer to the adjudicator--

(a) any proposals which have been submitted to the committee under this paragraph but which, at the time when the direction is given, have not been determined by the committee, and

(b) all subsequent proposals submitted to the committee under this paragraph until the direction is revoked.

(9) Where a school organisation committee refer any proposals to the adjudicator under sub-paragraph (6), (7) or (8), they must also refer to him any comments of the committee on the proposals.

(10) Sub-paragraph (1) does not prevent the Secretary of State from withdrawing any proposals published under paragraph 7 by notice in writing given to the school organisation committee at any time before the proposals are determined under this paragraph or paragraph 11.

Reference to adjudicator of other proposals

10 (1) Where any proposals are referred to the adjudicator under paragraph 9, the school organisation committee must also refer to him--

(a) any other proposals published under paragraph 7 in relation to the area of the local education authority (and not withdrawn),

(b) any proposals made by that authority in the exercise of their powers to make or invite proposals for the establishment, alteration or discontinuance of schools (and not withdrawn),

(d) any proposals made by the governing body of any community, foundation, voluntary or foundation special school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), and

(e) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (c. 21) (and not withdrawn),

where those proposals are not determined before the adjudicator holds an inquiry under paragraph 11(1) and appear to the committee to be related to the proposals referred by them to the adjudicator under paragraph 9.

(2) Sub-paragraph (1) applies to any proposals within that sub-paragraph whether or not the proposals have been previously referred to the adjudicator by the committee.

(3) References in this paragraph to the determination of any proposals are to--

(a) any determination whether or not to approve the proposals under paragraph 3 of Schedule 6 to the 1998 Act, paragraph 4 of Schedule 10 to this Act, sub-paragraph (2)(a) or (b) of paragraph 9 or paragraph 11(3) of this Schedule, or

(b) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.

Local inquiry into proposals

11 (1) Where any proposals are referred to the adjudicator under paragraph 9, he must hold a local inquiry to consider--

(a) those proposals,

(b) any additional proposals referred to him under paragraph 10(1),

(c) any objections or comments made (under paragraph 2 of Schedule 6 to the 1998 Act, paragraph 3 of Schedule 10 to this Act or paragraph 8 of this Schedule) to any proposals within paragraph (a) or (b) unless such objections or comments have been withdrawn, and

(d) any views expressed by the school organisation committee on any such proposals.

(2) It is not open to the inquiry to question the principles specified in the direction under paragraph 3(2) or 4(2).

(3) After holding the inquiry, the adjudicator must, in the case of any proposals considered at the inquiry, either--

(a) approve them with or without modifications, or

(b) reject them.

(4) 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; and regulations may prescribe the events that may be so specified.

(5) When deciding whether or not to give any approval under this paragraph, paragraph 9(5) applies to the adjudicator as it does to the committee.

Proposals relating to Academy

12 (1) Regulations may provide that, where proposals referred to the adjudicator under paragraph 10(1) consist of or include proposals to establish an Academy, the adjudicator must within the prescribed period consult the Secretary of State in accordance with regulations, before taking any decision under that paragraph.

(2) The adjudicator may not approve under paragraph 11 proposals to establish an Academy unless the Secretary of State, on being consulted under sub-paragraph (1), has indicated in accordance with regulations that, if the proposals were approved, he would be willing to commence negotiations with a view to entering into an agreement under section 482 of the Education Act 1996 (c. 56) for the establishment of an Academy.

(3) Approval under paragraph 11 of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, an agreement under section 482 of the Education Act 1996.

Implementation of proposals

13 Proposals approved by the school organisation committee under paragraph 9 or by the adjudicator under paragraph 11 have effect as if they--

(a) had been made by the local education authority under their powers to make or invite proposals for the establishment, alteration or discontinuance of schools, or

(b) in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,

and had been approved by the school organisation committee or the adjudicator, as the case may be, under paragraph 3 of Schedule 6 to the 1998 Act or, in the case of proposals to establish an Academy, under paragraph 4 of Schedule 10 to this Act.

Part 5 Transitional exemption orders for purposes of Sex Discrimination Act 1975

14 (1) This paragraph applies to proposals for a school in England to cease to be an establishment which admits pupils of one sex only.

(2) Sub-paragraph (3) applies where such proposals are made under paragraph 7 and, in accordance with sub-paragraph (5) of that paragraph, the Secretary of State sends a copy of the published proposals to the school organisation committee.

(3) The sending of the published proposals to the school organisation committee by the Secretary of State is to be treated as an application by the responsible body for the making by the school organisation committee of a transitional exemption order, and the committee may make such an order accordingly.

(4) Where--

(a) the school organisation committee have failed to reach a unanimous decision under sub-paragraph (3) on whether to make a transitional exemption order, or

(b) the school organisation committee refer the proposals to the adjudicator under paragraph 9,

they must refer the question whether to make a transitional exemption order to the adjudicator.

(5) Where that question is referred to the adjudicator--

(a) he must consider the matter afresh, and

(b) he may make a transitional exemption order accordingly.

(6) In this paragraph--

"the 1975 Act" means the Sex Discrimination Act 1975 (c. 65);
"make", in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke;
"the responsible body" has the same meaning as in section 22 of the 1975 Act;
"transitional exemption order" has the same meaning as in section 27 of the 1975 Act;

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration of a school's admission arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).

Section 72

SCHEDULE 12 School organisation: further amendments

Education Act 1996 (c. 56)

1 (1) Section 5 of the Education Act 1996 (primary schools, secondary schools and middle schools) is amended as follows.

(2) For subsection (3) substitute--

" (3) In this Act "middle school" means a school which, in pursuance of proposals published under section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998 or section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who--

(a) have attained a specified age below 10 years and six months, and

(b) are under a specified age above 12 years (referred to in this Act as "the relevant upper age"). "

(3) In subsection (5) for the words from the beginning to "subsection" substitute "The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection".

2 In section 529 of the Education Act 1996 (power to accept gifts on trust for educational purposes), in subsection (2), for the words from "section 28" to the end substitute "sections 28 and 28A of the School Standards and Framework Act 1998 and section 66 of the Education Act 2005 as an intention to establish a new community school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 6 to the School Standards and Framework Act 1998 or Schedule 10 to the Education Act 2005 (which relate to statutory proposals) shall apply accordingly".

3 In section 530 of the Education Act 1996 (compulsory purchase of land), in subsection (1)(c), for "section 70 of the Education Act 2002" substitute "section 66 of the Education Act 2005".

4 In section 580 of the Education Act 1996 (index), after the entry beginning "relevant standard number" insert--

" relevant upper age (in relation to a middle school)

section 5(3)(b) "

5 (1) In Schedule 35A to the Education Act 1996 (Academies: land), paragraph 1 is amended as follows.

(2) In sub-paragraph (2)(b), for "section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education)" substitute "section 66 of the Education Act 2005 (proposals for new secondary schools)".

(3) In sub-paragraph (3)(d), for "section 70 of the Education Act 2002" substitute "section 66 of the Education Act 2005".

School Standards and Framework Act 1998 (c. 31)

6 In section 25 of the School Standards and Framework Act 1998 (adjudicators), in subsection (2), after "this Act" insert "or Part 2 of the Education Act 2005".

7 In section 33 of the School Standards and Framework Act 1998 (further provisions relating to establishment, alteration or discontinuance of schools), in subsection (4), after "28," insert "28A,".

8 In section 34 of the School Standards and Framework Act 1998 (rationalisation of school places)--

(a) for "Secretary of State" substitute "National Assembly for Wales",

(b) for "and governing bodies" substitute "in Wales and governing bodies of maintained schools in Wales", and

9 In section 138 of the School Standards and Framework Act 1998 (orders and regulations), in subsection (4), after "20(7)," insert "29(9A),".

10 In section 143 of the School Standards and Framework Act 1998 (index), in the entry beginning "promoters", after "section 28(2)" insert "or 28A(2)".

11 In Schedule 4 to the School Standards and Framework Act 1998 (school organisation committees) in paragraph 5(4)--

(a) in paragraph (c), for "or paragraph 16 of Schedule 7" substitute "or under paragraph 14 of Schedule 11 to the Education Act 2005", and

(b) in paragraph (d), for "paragraph 8 of Schedule 7" substitute "paragraph 9 of Schedule 11 to the Education Act 2005".

12 In Schedule 5 to the School Standards and Framework Act 1998 (adjudicators), in paragraph 5(1) (procedure), after "this Act" insert "or under Part 2 of the Education Act 2005".

13 (1) Schedule 6 to the School Standards and Framework Act 1998 (statutory proposals: procedure and implementation) is amended as follows.

(2) In paragraph 1(1), after "28," insert "28A".

(3) In paragraph 2(1), after "28," insert "28A,".

(4) In paragraph 3--

(a) in sub-paragraph (1), after "28," insert "28A,",

(b) after sub-paragraph (6C) insert--

" (6D) If by the end of such period as may be specified in regulations, the committee have not determined whether to give any approval under this paragraph, they shall refer the proposals to the adjudicator. " , and

(5) In paragraph 4--

(a) in sub-paragraph (1), after "28," insert "28A,",

(b) in sub-paragraph (3)--

(i) omit paragraph (d), and

(ii) for paragraph (h) substitute--

" (h) a direction under paragraph 3(2) or 4(2) of Schedule 11 to the Education Act 2005. " , and

(c) in sub-paragraph (4)(a), for "paragraph 8 or 9 of Schedule 7" substitute "paragraph 9 or 11 of Schedule 11 to the Education Act 2005".

(6) In paragraph 5--

(a) in sub-paragraph (1)(a) and (4), after "28," insert "28A,",

(b) after sub-paragraph (6A) insert--

" (6B) If by the end of such period as may be specified in regulations, the committee have not decided any matter falling to be decided by them under this paragraph, they shall refer the proposals to the adjudicator. " , and

(c) in sub-paragraph (10), for "shall be regarded as requiring a fresh approval" substitute "fall to be considered afresh by the committee".

(7) In paragraph 10(7), for "shall be regarded as requiring a fresh approval" substitute "fall to be considered afresh by the Secretary of State".

(8) In paragraph 12(2), after "section 28(1)" insert ", 28A(1)".

(9) In paragraph 13--

(a) in sub-paragraph (2), after "section 28(1)" insert ", 28A(1)".

(b) for sub-paragraph (3) substitute--

" (3) Where the proposals were published--

(a) under section 28(2) or 28A(2), by promoters, or

(b) under section 28(2), by the governing body,

they shall be implemented by the local education authority and by the promoters or (as the case may be) the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so. "

(10) In paragraph 14(3), after "section 28(2)" insert "or 28A(2)".

14 (1) Schedule 7 to the School Standards and Framework Act 1998 (rationalisation of school places) is amended as follows.

(2) For the heading substitute "RATIONALISATION OF SCHOOL PLACES IN WALES".

(3) After paragraph 1 insert--

" 1A In this Schedule "the Assembly" means the National Assembly for Wales. "

(4) In paragraph 2--

(a) for "Secretary of State", wherever occurring, substitute "Assembly",

(b) in sub-paragraph (1)(a), after "local education authority" insert "in Wales", and

(5) In paragraph 3--

(a) for "Secretary of State", wherever occurring, substitute "Assembly",

(b) in sub-paragraph (1)(a), after "local education authority" insert "in Wales", and

(6) In paragraph 4--

(a) omit sub-paragraphs (1) to (6),

(b) in sub-paragraph (7)--

(i) omit "(whether relating to an area in England or in Wales)", and

(ii) for "Secretary of State" (in both places) substitute "Assembly", and

" (b) proposals adopted under paragraph 14 have effect as mentioned in paragraph 15(b), " .

(7) For the heading to Part 3 substitute "PROPOSALS BY NATIONAL ASSEMBLY FOR WALES".

(8) In paragraph 5--

(a) in sub-paragraph (1)--

(i) for "Secretary of State" substitute "Assembly", and

(ii) for "he may" substitute "the Assembly may",

(b) omit sub-paragraph (3), and

(9) Omit Part 4.

(10) In paragraph 12(2)(a), for "Secretary of State" substitute "Assembly".

(11) In paragraph 13--

(a) in sub-paragraph (1), for "the Secretary of State" and "he" substitute "the Assembly",

(b) in sub-paragraph (2), for "the Secretary of State", "his" and "he" substitute respectively "the Assembly", "the Assembly's" and "the Assembly",

(d) in sub-paragraph (4)--

(i) for "Secretary of State" substitute "Assembly",

(ii) for "he shall refer" substitute "the Assembly shall refer",

(iii) for "he causes" substitute "the Assembly causes",

(iv) for "to him" substitute "to the Assembly", and

(v) for "he is required" substitute "it is required", and

(e) in sub-paragraph (5)--

(i) for "Secretary of State" substitute "Assembly",

(ii) for "he forms" substitute "the Assembly forms",

(iii) for "him" substitute "the Assembly", and

(iv) for "he subsequently forms" substitute "the Assembly subsequently forms".

(12) In paragraph 14--

(a) in sub-paragraph (1)--

(i) for "Secretary of State" substitute "Assembly",

(ii) for "he" (wherever occurring) substitute "it", and

(iii) in paragraph (a), for "him" substitute "the Assembly", and

(b) in sub-paragraph (2)--

(i) for "Secretary of State" substitute "Assembly", and

(ii) for "he" (wherever occurring) substitute "it".

(13) In paragraph 15, for "Secretary of State" (in both places) substitute "Assembly".

(14) Omit paragraph 16.

(15) In paragraph 17(2), for "Secretary of State" (in both places) substitute "Assembly".

15 (1) Schedule 22 to the School Standards and Framework Act 1998 (disposals of land in case of certain schools and disposals on discontinuance) is amended as follows.

(2) In paragraph 2(1)(a), at the end insert "or under paragraph 14(5) of Schedule 10 to the Education Act 2005".

(3) In paragraph 3(1)(a), at the end insert "or under paragraph 14(5) of Schedule 10 to the Education Act 2005".

Education Act 2002 (c. 32)

16 In section 129 of the Education Act 2002 (transfer of employment), in subsection (1)(a) after "section 28" insert ", 28A".

Section 77

SCHEDULE 13 The Training and Development Agency for Schools

Supplementary powers

1 (1) The power conferred on the Agency by section 83 includes power to do anything which appears to them to be incidental to the furtherance of the objectives in section 75(2) or to the exercise of any other function conferred on them by any enactment, including, in particular, power to--

(a) acquire and dispose of land and other property,

(b) enter into contracts,

(d) accept gifts of money, land or other property.

(2) The Agency may not borrow money except with the consent of the Secretary of State.

Chief officer

2 (1) One of the members of the Agency is to be the chief officer.

(2) The chief officer is to be appointed by the Agency with the approval of the Secretary of State on such terms and conditions (including terms with respect to tenure and vacation of office) as the Agency may with the approval of the Secretary of State determine.

(3) On approval by the Secretary of State of the person to be appointed on any occasion as chief officer of the Agency and the terms and conditions of his appointment, the Secretary of State must--

(a) if that person is not already a member of the Agency, appoint him as a member for the same term as the term of his appointment as chief officer, and

(b) if he is already such a member but his term of appointment as such ends before the term of his appointment as chief officer ends, extend his term of appointment as a member so that it ends at the same time as the term of his appointment as chief officer.

Tenure of members of the Agency

3 (1) A person holds and vacates office as a member or as chairman or chief officer of the Agency in accordance with the terms of his appointment and, on ceasing to be a member, is eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman of the Agency.

4 If the Secretary of State is satisfied that a member of the Agency--

(a) has been absent from meetings of the Agency for a period longer than six consecutive months without the permission of the Agency, or

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