Change 1 Article Choose an article Title and introductory text 1 Purpose and interpretation of Chapter 1 2 Power to suspend statutory requirements etc. 3 Variation or revocation of orders under section 2 4 Applications for orders under section 2 5 Annual report 11 Powers of governing bodies to form or invest in companies to provide services etc. 12 Limits on powers conferred by section 11 13 General powers of Secretary of State in relation to companies 14 Power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or children etc 15 Forms of assistance under section 14 16 Terms on which assistance under section 14 is given 17 Delegation 18 Repeal of specific grant-making powers 19 Governing bodies 20 Instruments of government 21 General responsibility for conduct of school 22 Training and support of governors 23 Clerk to the governing body 23A Parent councils 24 Federations of schools 25 Federations: supplementary provisions 26 Collaboration between schools 27 Power of governing body to provide community facilities etc. 28 Limits on power to provide community facilities etc. 28A Power of governing body to provide higher education 29 Additional functions of governing body 29A Power of governing body in England: educational provision for improving behaviour 30 Governors’ reports (Wales) and other information 30A School profiles 31 Control of school premises 32 Responsibility for fixing dates of terms and holidays and times of sessions: England 32A Responsibility for fixing term and holiday dates in Wales 32B Welsh Ministers' power to direct determination of term dates 32C Responsibility for fixing times of school sessions in Wales 33 Annual parents’ meetings: Wales 34 Arrangements for government of new schools 35 Staffing of community, voluntary controlled, community special and maintained nursery schools 36 Staffing of foundation, voluntary aided and foundation special schools 37 Payments in respect of dismissal, etc. 38 Communication with schools 39 Interpretation of Chapter 1 40 Amendments of Part 2 of School Standards and Framework Act 1998 41 Determination of specified budgets of local authority 42 Power of Secretary of State to set minimum schools budget 43 Schools forums 44 Accounts of maintained schools 45 Financial statements 46 Admission forums 47 Admission numbers 48 Co-ordination of admission arrangements 49 Repeal of power to make certain special arrangements for preserving religious character 50 Admission appeals 51 Further amendments relating to admission arrangements 51A Exclusion of pupils: England 52 Exclusion of pupils: Wales 53 Attendance targets 54 Duty to notify where inspection shows school causing concern 55 Cases in which powers of intervention exercisable 56 Power of Secretary of State to appoint additional governors or direct closure 57 Power of local authority to provide for governing body to consist of interim executive members 58 Power of Secretary of State to provide for governing body to consist of interim executive members 59 Governing bodies consisting of interim executive members 60 Powers of Secretary of State to secure proper performance of local authority's functions 61 Power to secure proper performance: duty of authority where directions contemplated 62 Power to secure proper performance: further provisions 62A Power to require local authority in England to obtain advisory services 63 Power to require local authority in Wales to obtain advisory services 64 Provisions supplementary to sections 62A and 63 65 Academies 66 Arrangements for admission of pupils to Academies 67 Conversion of city academies into Academies 68 City colleges 69 Uniform statutory trusts 70 Proposals for additional secondary schools 71 Duty of local authorities to secure proposals 72 Proposals relating to sixth forms 73 Proposals by governing bodies of community schools 74 Proposals for establishment of federated school 75 Changes to existing procedures 76 Interpretation of Part 6 77 Meaning of “nursery education” and related expressions 78 General requirements in relation to curriculum 79 Duty to implement general requirements 80 Basic curriculum for every maintained school in England 80A Guidance about relationships, sex and health education 80B Relationships education and relationships and sex education: statements of policy 81 The foundation stage 82 The key stages 83 Curriculum requirements for foundation stage 84 Curriculum requirements for first, second and third key stages 85 Curriculum requirements for fourth key stage 86 Power to alter or remove requirements for fourth key stage 87 Establishment of the National Curriculum for England by order 88 Implementation of the National Curriculum for England in schools 89 Implementation in respect of nursery schools etc. 90 Development work and experiments 91 Exceptions by regulations 92 Pupils with EHC plans 92A Pupils with Individual Development Plans 93 Temporary exceptions for individual pupils 94 Information concerning directions under section 93 95 Appeals against directions under section 93 etc. 96 Procedure for making certain orders and regulations 103 The key stages 104 Curriculum requirements for foundation phase 105 Curriculum requirements for ... second and third key stages 119 School Teachers’ Review Body 120 Review Body: function 121 Consultation by Review Body 122 Power to prescribe pay and conditions of school teachers other than Academy teachers 122A Power to set minimum remuneration of Academy teachers etc 123 Order under section 122 or 122A: scope 124 Order under section 122 or 122A: supplemental 125 Reference to Review Body 126 Consultation by Secretary of State 127 Guidance 127A References to “Academy” and “Academy arrangements” 128 Education action zone 129 Transfer of employment 130 Repeal of School Teachers’ Pay and Conditions Act 1991 131 Appraisal 132 Qualified teacher status 133 Requirement to be qualified 134 Requirement to be registered: teachers in Wales 135 Head teachers 135A Requirement to serve induction period: teachers in England 135B Induction periods: appeals 135C Induction periods: supplementary 136 Provision of education 137 Principals of further education institutions 138 Training in provision of further education 139 Wales: provision of higher education 140 Further education: general 141 Health and fitness 141A Teachers to whom sections 141B to 141E apply 141AA Meaning of “online education provider” 141B Investigation of disciplinary cases by Secretary of State 141C List of persons prohibited from teaching etc 141D Supply of information following dismissal, resignation etc 141E Supply of information by contractor, agency etc 141F Restrictions on reporting alleged offences by teachers 141G Offence of breach of reporting restrictions 141H Defences 142 Prohibition from teaching, etc. 143 Directions under section 142: contractor, agency, etc. 144 Directions under section 142: appeal 145 Specification of qualification or course 146 Repeal of sections 218 and 218A of Education Reform Act 1988 147 Application of pay-scale 148 The General Teaching Councils for England and Wales 149 Duties of local authority in respect of childcare 150 Early years development and childcare partnerships and plans 151 Childcare functions of Her Majesty’s Chief Inspector and National Assembly for Wales 152 Regulation of child minding and day care 153 Powers of local authority in respect of funded nursery education 154 Establishment or alteration of maintained nursery schools 155 Inspection of nursery education 156 Meaning of “nursery school” and “primary education” 156AA Application of Chapter to alternative provision Academies that are not independent schools 156A Application of Chapter to schools in Wales only 157 Independent school standards 158 The registers 159 Unregistered schools 160 Applications for registration 161 Determination of applications for registration 162 Changes to registered details 162A Power to inspect registered schools in England 162B Inspections under section 162A: supplementary 163 Power to inspect registered schools... 164 Inspections under section 163: supplementary 165 Failure to meet standards 166 Appeals 167 Determination of appeals 167A Prohibition on participation in management of independent schools 167B Directions under section 167A: appeals 167C Directions under section 167A: information 167D Directions under section 167A: notification 168 Provision of information 168A Proceedings for offences 168B Offences by bodies corporate 168C Offences by unincorporated bodies 169 Unsuitable persons 170 Service of notice etc. 171 Interpretation of Chapter 1 172 Alteration to definition of “independent school” 173 Right of access of local authority 174 Consent to placement 175 Duties ... in relation to welfare of children 176 Consultation with pupils 177 Meaning of “secondary education” 178 Training and education provided in the workplace for 14 to 16 year olds 179 Rights of entry in relation to inspections 180 Inspections of local authorities: rights of entry etc. 181 Allowances in respect of education or training 182 Learning agreements 183 Transfer of functions relating to allowances under section 181 184 Delegation of functions relating to allowances 185 Supplementary provisions relating to transfer or delegation of functions 186 Student loans 187 Education action zones 188 School inspections 189 Amendments of Part 5 of Education Act 1997 190 Local authority functions: qualifications 191 Regional provision for special educational needs in Wales 192 Directions to bring forward proposals to secure regional provision 193 Powers of Assembly to make proposals to secure regional provision 194 Welsh local authorities' powers to make regional provision 195 The Special Educational Needs Tribunal for Wales 196 Publication and provision of material 197 Partnership agreements and statements 198 Transition from primary to secondary school 199 Transport for persons over compulsory school age 200 Remission of charges relating to residential trips 201 Local authority functions concerning school lunches, milk etc. 202 Further education institutions: records 203 Further education institutions: hazardous material, etc. 204 Baseline assessments 205 Application of Part 5 of Education Act 1996 to nursery education 206 Nuisance or disturbance on educational premises 207 Recoupment: adjustment between local authorities 208 Recoupment: special cases 208A Recoupment: adjustment between local authorities and the YPLA 209 Paid chairmen for local learning and skills councils 210 Orders and regulations 211 Wales 212 General interpretation 213 Financial provisions 214 Transitional provisions etc. 215 Minor and consequential amendments and repeals 216 Commencement 217 Short title and extent SCHEDULE 1 Incorporation and powers of governing body SCHEDULE 2 Effect on staffing of suspension of delegated budget SCHEDULE 3 Amendments of Part 2 of School Standards and Framework Act 1998 SCHEDULE 4 Admission arrangements SCHEDULE 7 Academies: supplementary SCHEDULE 11 School Teachers’ Review Body SCHEDULE 11A REGULATIONS ABOUT DECISIONS UNDER SECTION 141B SCHEDULE 11B OFFENCE UNDER SECTION 141G: SUPPLEMENTARY PROVISIONS SCHEDULE 12 The General Teaching Councils for England and Wales SCHEDULE 13 Regulation of child minding and day care SCHEDULE 14 Inspection of nursery education SCHEDULE 15 Education action zones SCHEDULE 17 Amendments of Part 5 of Education Act 1997 SCHEDULE 18 Special Educational Needs Tribunal for Wales SCHEDULE 19 Transport for persons over compulsory school age SCHEDULE 20 Nuisance or disturbance on educational premises SCHEDULE 21 Minor and consequential amendments SCHEDULE 22 Repeals
What to do with it
As published
127 Guidance
(1) The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.
(2) The following shall have regard to guidance under subsection (1)—
(a) a local authority, and
(b) the governing body of a school.
(2A) The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.
(2B) The proprietor of an Academy must have regard to guidance under subsection (2A).
(3) Where an employer fails to follow guidance under subsection (1) or (2A)—
(a) the failure shall not give rise to civil liability, but
(b) a court or tribunal may take the failure into account in any proceedings.
(4) The Secretary of State may not issue guidance under subsection (1) or (2A) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—
(a) associations of local authorities,
(b) local authorities,
(ba) bodies representing the interests of proprietors of Academies,
(c) bodies representing the interests of governing bodies of schools, and
(d) bodies representing the interests of teachers.
Your wording
Your change, as a redline
127 Guidance
(1) The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.
(2) The following shall have regard to guidance under subsection (1)—
(a) a local authority, and
(b) the governing body of a school.
(2A) The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.
(2B) The proprietor of an Academy must have regard to guidance under subsection (2A).
(3) Where an employer fails to follow guidance under subsection (1) or (2A)—
(a) the failure shall not give rise to civil liability, but
(b) a court or tribunal may take the failure into account in any proceedings.
(4) The Secretary of State may not issue guidance under subsection (1) or (2A) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—
(a) associations of local authorities,
(b) local authorities,
(ba) bodies representing the interests of proprietors of Academies,
(c) bodies representing the interests of governing bodies of schools, and
(d) bodies representing the interests of teachers.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.