SCHEDULE 12 The General Teaching Councils for England and Wales
Section 148
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—
Appeals against refusal of registration
4A (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—
Power to promote teaching profession
6A (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
(c) arranging for the publication of material in any form.
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8 In section 12 (deduction of fees from salaries etc) in subsection (4), after “section—” there is inserted—
“registration” means full registration or provisional registration;
.
9 In section 42 (orders and regulations), in subsection (2) (a) (orders subject to negative resolution procedure), after “section 7 or 8” there is inserted “ or paragraph 18 of Schedule 1 ”.
10 In section 43(1) (general interpretation), in the definition of “registered teacher” after “section 3” there is inserted “ with full or provisional registration ”.
11 In Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted—
Power to amend Schedule
18 (1) The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of removing or relaxing any control exercisable by him by virtue of any of the provisions of this Schedule specified in sub-paragraph (2).
(2) Those provisions are—
(a) paragraph 2(3),
(b) paragraph 4,
(c) paragraph 5,
(d) paragraph 6,
(e) paragraph 11
(f) paragraph 14(2).
12 (1) Schedule 2 (disciplinary powers of Council) is amended as follows.
(2) For paragraph 4 (suspension orders) there is substituted—
4 (1) Where a suspension order is made in relation to a person—
(a) he shall cease to be eligible for registration under section 3, and
(b) if he is a registered person at the time when the order is made, his name shall be removed from the register accordingly,
but, subject to sub-paragraph (2), he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order.
(2) A suspension order may specify conditions to be complied with by the person to whom the order relates and where it does so—
(a) that person shall become eligible again for registration under section 3 at the end of the period specified under sub-paragraph (1) only if he has then complied with the conditions; and
(b) if he has not then complied with the conditions, he shall not become so eligible again until he has complied with the conditions.
(3) Sub-paragraphs (a) and (b) of paragraph 3(2) apply in relation to a suspension order as they apply in relation to a conditional registration order.
(4) A person in relation to whom conditions have been specified in a suspension order may, in accordance with regulations, apply to the Council for them to vary or revoke any of the conditions.
(3) In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted—
(1A) References in this Schedule to registration under section 3 are references to registration under that section with full or provisional registration.
Part 2 Amendments of other enactments
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SCHEDULE 13 Regulation of child minding and day care
Section 152
Consent to checks on suitability
1 In section 79B of the Children Act 1989 (c. 41) (persons qualified for registration for child minding or day care), after subsection (5) there is inserted—
(5A) Where, for the purposes of determining a person’s qualification for registration under this Part—
(a) the registration authority requests any person (“A”) to consent to the disclosure to the authority by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and
(b) A does not give his consent (or withdraws it after having given it),
the registration authority may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.
Suspension of registration
2 In section 79H of that Act (suspension of registration), after subsection (2) there is inserted—
(3) A person registered under this Part for child minding by the Chief Inspector shall not act as a child minder in England at a time when that registration is suspended in accordance with regulations under this section.
(4) A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.
(5) A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.
(6) If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Rights of appeal in relation to registration
3 (1) Section 79M of that Act (appeals) is amended as follows.
(2) In subsection (1), after paragraph (b) there is inserted
or
(c) a determination made by the registration authority under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,
.
(3) In subsection (2)(a), after “order” there is inserted “ or determination ”.
Inspections by Chief Inspector
4 (1) Section 79Q of that Act (inspection of childminding and day care) is amended as follows.
(2) In subsection (2), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any child minding provided in England by a registered person ”.
(3) In subsection (3), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any day care provided by a registered person on any premises in England ”.
Rights of entry etc.
5 (1) Section 79U of that Act (rights of entry etc.) is amended as follows.
(2) In subsection (1), for “An authorised inspector” there is substituted “ Any person authorised for the purposes of this subsection by the registration authority ”.
(3) In subsection (2), for “an authorised inspector” there is substituted “ a person who is authorised for the purposes of this subsection by the registration authority ”.
(4) After that subsection there is inserted—
(2A) Authorisation under subsection (1) or (2)—
(a) may be given for a particular occasion or period;
(b) may be given subject to conditions.
(5) In subsection (3), for the words from “An inspector” to “may-” there is substituted “ A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))— ”.
(6) Subsection (5) shall cease to have effect.
(7) In subsection (9), the definition of “authorised inspector” shall cease to have effect.
Disqualification for registration
6 In paragraph 4 of Schedule 9A to that Act (disqualification for registration for child minding and day care), after sub-paragraph (3) there is inserted—
(3A) Regulations under this paragraph may provide for a person not to be disqualified for registration by reason of any fact which would otherwise cause him to be disqualified if—
(a) he has disclosed the fact to the registration authority, and
(b) the registration authority has consented in writing to his registration and has not withdrawn that consent.
Disclosure of criminal record
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Section 155
Conduct of inspections by Inspectorate
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Registration of inspectors
2 (1) Paragraph 8 of that Schedule (registration of inspectors) is amended as follows.
(2) In sub-paragraph (3), for “(5)(c)” there is substituted “ (5B) ”.
(3) For sub-paragraphs (4) and (5) there is substituted—
(4) Subject to that, the Chief Inspector shall register such persons as he considers appropriate.
(5) The factors which the Chief Inspector may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of England and Wales.
(5A) The Chief Inspector may require payment of a fee before registering a person under sub-paragraph (4).
(5B) Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector considers it appropriate to impose.
(4) In sub-paragraphs (6) and (7), for “(5)(c)” there is substituted “ (5B) ”.
(5) Sub-paragraph (9) shall cease to have effect.
3 In paragraph 9 of that Schedule (removal from register), in sub-paragraphs (2)(c) and (4), for “paragraph 8(5)(c)” there is substituted “ paragraph 8(5B) ”.
4 In section 79P(3) of the Children Act 1989 (c. 41) (early years child care inspectorate), for “to (9)” there is substituted “ to (8) ”.
Appeals
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Section 187
Introductory
1 Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.
Establishment of education action zones
2 (1) In section 10, in subsection (1) for “maintained schools” there is substituted “ eligible schools ”.
(2) After that subsection there is inserted—
(1A) For the purposes of subsection (1) “eligible school” means—
(a) a maintained school;
(b) a nursery school;
(c) a pupil referral unit; or
(d) an independent school.
(3) Subsection (3) of that section is omitted.
(4) In subsection (4) of that section, for “, (2) or (3)” there is substituted “ or (2) ”.
(5) In subsection (6) of that section, for paragraphs (a) and (b) there is substituted—
(a) references to a governing body—
(i) in relation to an independent school (other than an Academy, city technology college or city college for the technology of the arts), are to the proprietor of the school, and
(ii) in relation to a new school, include the temporary governing body of the school;
(b) “participating school”, in relation to an education action zone, means one of the schools that—
(i) for the time being is included in the order under subsection (1), or
(ii) has been added to the zone by virtue of section 11B,
other than a school that has been removed from the zone in accordance with section 11C;
(c) “pupil referral unit” has the same meaning as in section 19 of the Education Act 1996 (c. 56);
(d) “new school” has the meaning given in section 72(3).
(6) Subsection (7) of that section is omitted.
Constitution of Education Action Forum
3 In section 11, the following provisions are omitted—
(a) in subsection (2) the words from “and” to the end, and
(b) subsection (3).
4 After that section there is inserted—
Constitution of Education Action Forum
11A (1) The members of an Education Action Forum must include—
(a) one person appointed by the governing body of each of the participating schools, unless the governing body of any such school choose not to make such an appointment, and
(b) one or two persons appointed by the Secretary of State, unless he chooses not to make such appointments.
(2) Subject to that, an Education Action Forum—
(a) shall initially be constituted in accordance with the order under section 10(1), and
(b) may subsequently alter its membership (as set out in that order or as previously altered under this paragraph).
(3) In subsection (2) the references to altering the Forum’s membership include—
(a) altering the number of members, and
(b) altering who may appoint members.
(4) An alteration may be made under subsection (2)(b) only if it is made—
(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and
(b) with the consent of the Secretary of State.
Expansion or reduction of zone
5 After section 11A (inserted by paragraph 4) there is inserted—
Expansion of zone
11B (1) An Education Action Forum established for an education action zone may add—
(a) any eligible school (within the meaning of section 10(1A)), or
(b) any new school which has a temporary governing body,
to the zone.
(2) But a school may be added under this section only if it is added—
(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and
(b) with the consent of the governing body of the school and of the Secretary of State.
(3) For the purposes of this section references to a school being added to an education action zone are to it becoming one of the schools which constitute collectively the zone.
Removal from zone
11C (1) An Education Action Forum established for an education action zone may remove a participating school from the zone.
(2) But a school may be removed under this section only if it is removed—
(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and
(b) with the consent of the Secretary of State.
(3) For the purposes of this section references to a school being removed from an education action zone are to it ceasing to be one of the schools which constitute collectively the zone.
Information relating to changes to zone or Forum
6 After section 11C (inserted by paragraph 5) there is inserted—
Information relating to a Forum and its zone
11D (1) An Education Action Forum established for an education action zone must provide the Secretary of State with details of—
(a) any alteration made to its constitution under section 11A(2)(b),
(b) any addition of a school to the zone under section 11B, and
(c) any removal of a school from the zone under section 11C.
(2) The Forum must also, on a request being made by any person, provide him with—
(a) the name of each member of the Forum and of the person or body that appointed him,
(b) the name of any other person or body entitled to appoint a member, and
(c) the name of each participating school in relation to the zone.
(3) But the duty under subsection (2) is subject, in such circumstances as the Forum may determine, to the payment by the person concerned of a reasonable fee determined by the Forum.
Functions of Education Action Forum
7 After section 12(1) there is inserted—
(1A) With the consent of the Secretary of State, a Forum may also carry on any other activities which it considers will promote the provision of, or access to, education whether in a participating school or otherwise.
Transitional provision
8 (1) Any provision of an order under section 10 of the School Standards and Framework Act 1998 (c. 31) having effect immediately before the commencement of this Schedule which requires the Forum to include one or two persons appointed by the Secretary of State shall be read as if it were a provision having the same effect as section 11A(1)(b) of that Act.
(2) Any order under subsection (3) of section 10 of that Act which has effect immediately before the commencement of this Schedule shall continue to have effect on or after that time notwithstanding the repeal by this Act of that subsection.
(3) Until such time as section 67 of this Act comes into force, the reference in section 10(6)(a)(i) of the School Standards and Framework Act 1998 (c. 31) to an Academy shall be read as a reference to a city academy.
(4) Where before the commencement of this Schedule—
(a) an education action zone has been established by an order under section 10(1) of that Act, and
(b) the membership of the Forum set out in that order has been altered by virtue of section 14 of the Interpretation Act 1978 (c. 30),
the powers to alter the Forum’s membership conferred by section 11A of the School Standards and Framework Act 1998 are powers to alter the membership as so amended.
SCHEDULE 17 Amendments of Part 5 of Education Act 1997
Section 189
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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.
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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.
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SCHEDULE 18 Special Educational Needs Tribunal for Wales
Section 195
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 authority concerned is in England, the Special Educational Needs and Disability Tribunal,
(b) where the local 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.
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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
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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 Education Tribunal for Wales under section 91(5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
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.
SCHEDULE 19 Transport for persons over compulsory school age
Section 199
1 The Education Act 1996 is amended as follows.
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3 After section 509 there is inserted—
Provision of transport etc. for persons of sixth form age
509AA (1) A local 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),
(c) at any institution within the further education sector, or
(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 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 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 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—
Further provision about transport policy statements
509AB (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 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 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 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 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 authority shall consult—
(a) any other local 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 authority in England) or the National Council for Education and Training for Wales (in the case of a local 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 authority shall also consult—
(a) where they are the local authority for a district in a metropolitan county, the Passenger Transport Authority for that county, and
(b) where they are the local authority for a London borough or the City of London, Transport for London.
5 After section 509AB there is inserted—
Interpretation of sections 509AA and 509AB
509AC (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 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.
SCHEDULE 20 Nuisance or disturbance on educational premises
Section 206
1 (1) Section 547 of the Education Act 1996 (c. 56) (nuisance or disturbance on premises of a school maintained by a local 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 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 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 authority or the governing body,
(b) in relation to—
(i) premises of any other school maintained by a local authority, and
(ii) premises provided by a local authority as mentioned in subsection (2A),
a local 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 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 authority, or
(ii) on premises provided by a local authority as mentioned in subsection (2A),
a local 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—
Nuisance or disturbance on educational premises
85A (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 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 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 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)
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—
(1A) Subsection (1) has effect without prejudice to the operation of—
(a) regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);
(b) paragraph 3 of Schedule 4 to that Act (allowances for school organisation committees); and
(c) regulations made by virtue of section 52(6) of the Education Act 2002 (allowances for exclusion appeal panels).
Local Government Act 1974 (c. 7)
2 In section 25(5) of the Local Government Act 1974 (certain bodies to which Part 3 of that Act applies)—
(a) for paragraph (c) there is substituted—
(c) an admission appeal panel constituted in accordance with regulations under section 94(5) or 95(3) of that Act,
,
and
(b) at the end of paragraph (d) there is inserted
and
(e) an exclusion appeal panel constituted in accordance with regulations under section 52 of the Education Act 2002.
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Passenger Vehicles Act 1981 (c. 14)
4 In section 46(3) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), for the definition of “free school transport” there is substituted—
“free school transport” means transport provided by a local authority free of charge—
(a) in pursuance of arrangements under section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996, or
(b) otherwise, in the exercise of any function of the authority,
for the purpose of facilitating the attendance of persons receiving education or training at any premises;
.
Education (Fees and Awards) Act 1983 (c. 40)
5 In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.
Building Act 1984 (c. 55)
6 In section 4 of the Building Act 1984 (exemption of educational buildings from building regulations), for subsection (1)(a)(ii) there is substituted—
(ii) particulars submitted and approved under regulations made under section 544 of the Education Act 1996,
.
Education Act 1986 (c. 40)
7 In section 1(1) of the Education Act 1986 (payment of grant) for “either of them” there is substituted “ that body ”.
Education Reform Act 1988 (c. 40)
8 In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ suitable to the requirements of persons who have attained the age of fourteeen years ”.
Children Act 1989 (c. 14)
9 In Schedule 9A to the Children Act 1989 (child minding and day care for young children), for paragraph 4(2)(b) there is substituted—
(b) he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children;
.
Environmental Protection Act 1990 (c. 43)
10 In section 98(2) of the Environmental Protection Act 1990 (definition of “educational institution”), paragraph (c)(ii) is omitted.
Further and Higher Education Act 1992 (c. 13)
11 In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ suitable to the requirements of persons who have attained the age of fourteeen years ”.
12 In section 21 of the Further and Higher Education Act 1992 (initial instruments and articles), in subsection (3), for “Chapter III of Part II of the School Standards and Framework Act 1998” there is substituted “ section 19 of the Education Act 2002 ”.
13 Section 23(4)(b) of the Further and Higher Education Act 1992 (institutions maintained by local authorities: Secretary of State must approve exclusion of any property etc. from initial transfer to FE corporation) shall cease to have effect.
14 In section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted.
15 In section 37 of the Further and Higher Education Act 1992 (net expenditure of institution about to join further education sector), the following provisions are omitted—
(a) subsection (1)(b) and the word “or” immediately preceding it,
(b) subsection (8)(a), and
(c) subsection (9).
16 Sections 39 to 42 of the Further and Higher Education Act 1992 (restrictions on powers of local authorities to dispose of land etc. in period before institution becomes institution within the further education sector) shall cease to have effect.
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Section 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.
19 (1) Section 52A of the Further and Higher Education Act 1992 (duty to safeguard pupils receiving secondary education) is amended as follows.
(2) In subsection (1)—
(a) for “persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ persons of compulsory school age ”, and
(b) in paragraph (a), for “in pursuance of arrangements falling within section 18(1)(aa) of this Act” there is substituted “ by virtue of section 18(1)(aa) or (ab) of this Act ”.
(3) In subsection (2) for “such pupils” there is substituted “ persons of compulsory school age ”.
20 In section 54(1) of the Further and Higher Education Act 1992 (duty of certain bodies to give to the Learning and Skills Council for England or National Council for Education and Training for Wales information required for the purposes of the exercise of their functions under Part 1 of that Act), for “this Part of this Act” there is substituted “ any enactment ”.
21 Section 60 of the Further and Higher Education Act 1992 (saving as to persons detained by order of a court) shall cease to have effect.
Tribunals and Inquiries Act 1992 (c. 53)
22 In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which that Act applies) for paragraphs (b) and (c) there is substituted—
(b) exclusion appeal panels constituted in accordance with regulations under section 52 of the Education Act 2002;
(c) admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998;
.
Education Act 1994 (c. 30)
23 In section 4 of the Education Act 1994 (qualifying activities and eligible institutions), subsection (4) shall cease to have effect.
24 In section 14 of the Education Act 1994 (qualification of teachers, etc.), subsections (1), (3) and (4) are omitted.
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
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Employment Rights Act 1996 (c. 18)
30 In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools) for “section 55(5) of the School Standards and Framework Act 1998” there is substituted “ paragraph 7 of Schedule 2 to the Education Act 2002 ”.
31 In section 139 of the Employment Rights Act 1996 (redundancy), in subsection (3), for “governors” there is substituted “ governing bodies ”.
32 In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (7) for “governors” (in both places) there is substituted “ governing body ”.
Education Act 1996 (c. 56)
33 In section 2 of the Education Act 1996 (definition of primary, secondary and further education), in subsection (4), after “subsection (2)(b)” there is inserted “ or (2A) ”.
34 (1) Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).
(3) In subsection (3) for “Subsection (1) also applies” there is substituted “ Subsections (1) and (1A) also apply ”.
35 In section 29 of the Education Act 1996 (provision of information by local authorities ), subsection (6) is omitted.
36 In section 313 of the Education Act 1996 (Code of Practice), in subsection (1), after “maintained schools” there is inserted “ and maintained nursery schools ”.
37 In section 315 of the Education Act 1996 (review of arrangements), in subsection (2) after “special schools” there is inserted “ and maintained nursery schools ”.
38 In section 316A of the Education Act 1996 (duty to educate children with special educational needs in mainstream school), in subsection (11)—
(a) in paragraph (a), after “maintained school” there is inserted “ or maintained nursery school ”, and
(b) in paragraph (b), the words “a maintained nursery school or” are omitted.
39 (1) Section 317 of the Education Act 1996 (duties in relation to pupils with special educational needs) is amended as follows.
(2) In subsection (1), for the words from the beginning to “shall” there is substituted “ The governing body of a community, foundation or voluntary school or a maintained nursery school shall ”.
(3) For subsection (2) there is substituted—
(2) In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).
(4) In subsection (3)—
(a) in paragraph (a), after “voluntary schools” there is inserted “ and maintained nursery schools ”, and
(b) paragraph (b) and the word “and” preceding it are omitted.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 In section 317A(1) of the Education Act 1996 (duty to inform parent where special educational provision made), in paragraph (a)(i) after “school” there is inserted “ or a maintained nursery school ”.
41 (1) Section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs) is amended as follows.
(2) In subsection (1), after “voluntary schools” there is inserted “ or maintained nursery schools ”.
(3) In subsection (2), after “voluntary schools” there is inserted “ , maintained nursery schools ”.
42 In section 321 of the Education Act 1996 (general duty of local authority towards children for whom they are responsible), in subsection (3), in paragraphs (a) and (b), after “maintained school” there is inserted “ or maintained nursery school ”.
43 In section 324 of the Education Act 1996 (statement of special educational needs), in subsection (5)(b) after “maintained school” there is inserted “ or maintained nursery school ”.
44 In section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body), in subsection (13)(a), the words “a maintained nursery school or” are omitted.
45 In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for “and” at the end of paragraph (a) there is substituted—
(aa) “assessment arrangements” and “fourth key stage”—
(i) in relation to a school maintained by a local authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46 (1) Section 408 of the Education Act 1996 (provision of information) is amended as follows.
(2) In subsection (1)(a) after “the Learning and Skills Act 2000” there is inserted “ or the relevant provisions of the Education Act 2002 ”.
(3) Subsection (4)(a) is omitted.
(4) After subsection (4) there is inserted—
(4A) For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—
(a) Part 6 (the curriculum in England), ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In subsection (6) for “this Part” there is substituted “ Part 6 ... of the Education Act 2002 ”.
(6) After subsection (8) there is inserted—
(9) In this section “maintained school” includes a maintained nursery school.
47 (1) Section 409 of the Education Act 1996 (complaints and enforcement: maintained schools) is amended as follows.
(2) In subsection (1), the words “with the approval of the Secretary of State and” are omitted.
(3) In subsection (2), after “by the authority” there is inserted “ , any maintained nursery school so maintained ”.
(4) In subsection (3), before the “and” at the end of paragraph (a) there is inserted—
(aa) any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),
.
48 (1) Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.
(2) In subsection (3)(b) for “section 357(1) (implementation of National Curriculum)” there is substituted “ section 88 ... of the Education Act 2002 (implementation of National Curriculum for England ...) ”.
(3) In subsection (4)(b) for “section 357(1)” there is substituted “ section 88 ... of the Education Act 2002 ”.
49 (1) Section 484 of the Education Act 1996 (education standards grants) is amended as follows.
(2) For any reference to the Secretary of State there is substituted a reference to the National Assembly for Wales.
(3) In subsection (1), after “ local authorities ” there is inserted “ in Wales ”.
(4) In subsection (2) the words “England and” are omitted.
(5) Subsection (6) is omitted.
50 In section 499 of the Education Act 1996 (power to direct appointment of members of education committees) for subsection (9) there is substituted—
(9) In subsections (6) and (8)—
(a) “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and
(b) “parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).
51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52 In section 512A of the Education Act 1996 (transfer of functions under section 512 to governing bodies) in subsection (7) for the definitions of “delegated budget” and “maintained school” there is substituted—
“delegated budget” has the same meaning as in the School Standards and Framework Act 1998;
“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;
.
53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55 In section 545 of the Education Act 1996 (exemption of educational buildings from building byelaws), in subsection (2)(a) the words “or section 218(7) of the Education Reform Act 1988” are omitted.
56 In section 578 of the Education Act 1996 (meaning of “the Education Acts”), the reference to the School Teachers’ Pay and Conditions Act 1991 is omitted.
57 In section 579(1) of the Education Act 1996 (general interpretation)—
(a) after the definition of “local government elector” there is inserted—
“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;
,
(b) after the definition of “modifications” there is inserted—
“the National Curriculum” (without more) means—
(a) in relation to England, the National Curriculum for England , ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and
(c) after the definition of “regulations” there is inserted—
“sex education” includes education about—
(a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and
(b) any other sexually transmitted disease;
.
58 In Schedule 27 to the Education Act 1996—
(a) in paragraph 3A(1), after the words “maintained school”, in each place where they occur, there is inserted “ or maintained nursery school ”, and
(b) in paragraph 8(1)(a), after “maintained school” there is inserted “ or maintained nursery school ”.
School Inspections Act 1996 (c. 57)
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Education Act 1997 (c. 44)
69 In section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications and Curriculum Authority of their functions), in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “ section 78 of the Education Act 2002 ”.
70 In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “ section 99 of the Education Act 2002 ”.
71 Section 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.
Police Act 1997 (c. 50)
72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Teaching and Higher Education Act 1998 (c. 30)
74 In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.
75 In section 2 of the Teaching and Higher Education Act 1998 (advisory functions of General Teaching Council), in subsection (4), for “by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers)” there is substituted “ under section 142 of the Education Act 2002 (prohibition from teaching, &c.) ”.
76 In section 3 of the Teaching and Higher Education Act 1998 (registration of teachers), in subsection (3)—
(a) the words “within the meaning of section 218(2) of the Education Reform Act 1988” are omitted, and
(b) for paragraph (a) there is substituted—
(a) subject to a direction under section 142(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),
.
77 In section 4 of the Teaching and Higher Education Act 1998 (regulations relating to registration with General Teaching Council), for subsection (3)(a) there is substituted—
(a) a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),
.
78 In section 7 of the Teaching and Higher Education Act 1998 (additional functions of General Teaching Council), in subsection (3), for the words from “the exercise” to the end there is substituted “ the specification of requirements of regulations under section 132 of the Education Act 2002 (qualified teacher status) ”.
79 Section 10 of the Teaching and Higher Education Act 1998 (further functions of General Teaching Council for Wales in relation to teachers) shall cease to have effect.
80 Section 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.
81 In section 12 of the Teaching and Higher Education Act 1998 (deduction from teachers’ salaries of fees for registration with General Teaching Council)—
(a) for subsection (2)(b) there is substituted—
(b) required to be registered in the register by virtue of section 134 of the Education Act 2002
,
and
(b) in subsection (4), for the definition of “schools” there is substituted—
“school” means a school maintained by a local authority or a special school not so maintained
.
82 Section 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.
83 For section 15 of the Teaching and Higher Education Act 1998 (supply of information relating to dismissal or resignation of teachers, &c.) there is substituted—
Supply of information following dismissal, resignation, &c.
15 (1) This section applies where a relevant employer—
(a) has ceased to use a person’s services on a ground mentioned in section 142 of the Education Act 2002, or
(b) might have ceased to use a person’s services on a ground mentioned in that section had the person not ceased to provide those services.
(2) In the case of a person who was providing services to a relevant employer in England, the employer shall provide prescribed information to such of the following as may be prescribed—
(a) the Secretary of State, and
(b) where the person is a registered teacher, the Council.
(3) In the case of a person who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to such of the following as may be prescribed—
(a) the National Assembly for Wales, and
(b) where the person is a registered teacher, the General Teaching Council for Wales.
(4) For the purposes of this section, a reference to a ground mentioned in section 142 of the Education Act 2002 shall be read as if subsection (4)(e) was not limited to the case of a direction given by virtue of subsection (2)(d).
(5) In this section—
“relevant employer” has the meaning given by section 142 of the Education Act 2002, and
“services” includes professional and voluntary services.
Supply of information by contractor, agency, &c.
15A (1) This section applies to arrangements made by one person (the “agent”) for another person (the “worker”) to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).
(2) Subsections (3) and (4) apply where an agent—
(a) has terminated the arrangements on a ground mentioned in section 142 of the Education Act 2002,
(b) might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or
(c) might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.
(3) In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—
(a) the Secretary of State, and
(b) where the person is a registered teacher, the Council.
(4) In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—
(a) the National Assembly for Wales, and
(b) where the person is a registered teacher, the General Teaching Council for Wales.
(5) If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.
(6) If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.
(7) A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.
(8) A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.
(9) Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section.
84 Section 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.
85 In section 19 of the Teaching and Higher Education Act 1998 (requirement for school teacher to serve induction period)—
(a) in subsection (7), for “section 49 of the Education (No. 2) Act 1986” there is substituted “ section 131 of the Education Act 2002 ”,
(b) in subsection (8), after “ local authorities ” there is inserted “ in Wales ”, and
(c) for subsection (10)(b) there is substituted—
(b) “relevant school” means a school maintained by a local authority or a special school not so maintained,
.
86 (1) Schedule 2 to the Teaching and Higher Education Act 1998 (disciplinary powers of the General Teaching Council) is amended as follows.
(2) In paragraph 1(4) for the words from “of any powers” to the end there is substituted
of the powers exercisable by him, in cases which he considers concern the safety and welfare of persons aged under 18, under section 142 of the Education Act 2002 —
(a) on the grounds that a person is unsuitable to work with children, or
(b) on grounds relating to a person’s misconduct or health.
(3) Paragraph 1(5) is omitted.
School Standards and Framework Act 1998 (c. 31)
87 In section 1 of the School Standards and Framework Act 1998 (duty to set limit on infant class sizes), for “qualified teacher” there is substituted “ school teacher ”.
88 In section 4 of the School Standards and Framework Act 1998 (interpretation) for the definition of “qualified teacher” there is substituted—
“school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers’ pay and conditions)
.
89 In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.
90 In section 12 of the School Standards and Framework Act 1998 (functions of Education Action Forum), in subsection (4) for the words from “under sections” to “Schedule 17,” there is substituted “ under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections, ”.
91 Section 13 of the School Standards and Framework Act 1998 (disapplication of school teachers’ pay and conditions order) shall cease to have effect.
92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 In section 20 of the School Standards and Framework Act 1998 (new categories of maintained schools), in subsection (2)(b), for “section 28 or 31” there is substituted “ any enactment ”.
96 (1) Section 22 of the School Standards and Framework Act 1998 (maintenance of schools) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (b), the words “under section 28 or 31” are omitted, and
(b) in paragraph (c), the words “under section 28” are omitted.
(3) In subsection (4)(b), for the words from “under paragraph 2” to the end there is substituted “ under any enactment of providing new premises for the school ”.
(4) In subsection (5)(b), for the words from “under paragraph 4” to the end there is substituted “ under any enactment of providing new premises for the school ”.
97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99 (1) Section 45 of the School Standards and Framework Act 1998 (budget shares of maintained schools) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) In this Chapter “maintained school” means—
(a) a community, foundation or voluntary school,
(b) a community or foundation special school, or
(c) a maintained nursery school.
(3) In subsection (3)—
(a) in paragraph (a), for the words from “schools which” to “section 20(7)” there is substituted “ pupil referral units ”, and
(b) in paragraph (b)(i), for the words “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “ any enactment ”.
100 (1) Section 49 of the School Standards and Framework Act 1998 (maintained schools to have delegated budgets) is amended as follows.
(2) In subsection (4) for “local schools budget” there is substituted “ local authority budget or schools budget ”.
(3) In subsection (6)(b), for “or paragraph 14(2) of Schedule 6” there is substituted “ , paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000 or paragraph 8 of Schedule 8 to the Education Act 2002 ”.
101 In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation), in subsection (5) for the words from “under paragraph 6” onwards there is substituted “ under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act). ”
102 In section 61 of the School Standards and Framework Act 1998 (responsibility of governing body and head teacher for discipline) after subsection (7) there is inserted—
(8) In this section “maintained school” includes a maintained nursery school.
103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
104 (1) Section 69 of the School Standards and Framework Act 1998 (duty to secure provision of religious education) is amended as follows.
(2) In subsection (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.
(3) In subsection (2), for “section 352(1)(a)” there is substituted “ section 80(1)(a) or 101(1)(a) ”.
105 In section 71 of the School Standards and Framework Act 1998 (exceptions and special arrangements etc.) in subsection (2)(a) for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.
106 In section 72 of the School Standards and Framework Act 1998 (further provisions relating to new schools), in subsection (3)(a) for “section 44” there is substituted “ section 34 of the Education Act 2002 ”.
107 In section 81 of the School Standards and Framework Act 1998 (application of employment law during financial delegation), in subsection (1) for the words from “sections” to the end there is substituted “ sections 35 to 37 of the Education Act 2002 or of regulations under those sections ”.
108 In section 82 of the School Standards and Framework Act 1998 (modification of trust deeds), in subsection (1), after “provision of this Act” there is inserted “ , the Learning and Skills Act 2000 or the Education Act 2002 ”.
109 In section 101 of the School Standards and Framework Act 1998 (permitted selection), in subsection (4), for the words from “under” to the end there is substituted “ , and fallen to be implemented, under any enactment ”.
110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111 In section 138 of the School Standards and Framework Act 1998 (orders and regulations) in subsection (4)(a), after “20(7)” there is inserted “ 45C(2), ”.
112 In section 142 of the School Standards and Framework Act 1998 (general interpretation) in subsection (1) after the definition of “employment” there is inserted—
“exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);
“foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;
.
113 In section 143 of the School Standards and Framework Act 1998 (index)—
(a) in the entry beginning “exclude, exclusion (in relation to the exclusion of a child from a school)” for “section 64(4)” there is substituted “ section 142(1) ”,
(b) in the entry beginning “foundation governor”, for “paragraph 2 of Schedule 9” there is substituted “ section 142(1) ”,
(c) in the entry beginning “individual schools budget”, for “section 46(2)” there is substituted “ section 45A(3) ”,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) in the entry beginning “qualified teacher” for “qualified teacher” there is substituted “ school teacher ”,
(f) in the entry beginning “school opening date” for “section 44(9)” there is substituted “ section 33(6) ”, and
(g) after the entry beginning “school which has selective admission arrangements” there is inserted—
schools budget (in Part 2) | section 45A(2)
.
114 In Schedule 3 to the School Standards and Framework Act 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 4(2)(a), for the words from “Part III” to “proposals)” there is substituted “ any enactment ”.
115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117 (1) Schedule 19 to the School Standards and Framework Act 1998 (required provision for religious education) is amended as follows.
(2) In paragraph 1—
(a) in sub-paragraph (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”, and
(b) in sub-paragraph (2), for “that Act” there is substituted “ the Education Act 1996 ”.
(3) In sub-paragraph 4(4), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.
118 (1) Schedule 22 to the School Standards and Framework Act 1998 (disposal of land) is amended as follows.
(2) In paragraph 1(1)(a) (disposals of land by governing body of foundation, voluntary or foundation special school), after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”.
(3) In paragraph 2(1)(a) (disposals of land by foundation body)—
(a) after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In paragraph 3 (disposal of land by trustees)—
(a) in sub-paragraph (1)(a)—
(i) after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in sub-paragraph (8)(b)(ii), for “section 28 or 31” there is substituted “ any enactment ”.
(5) In paragraph 5 (discontinuance of schools)—
(a) for sub-paragraph (1)(a) there is substituted—
(a) proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted or determined to be implemented under any enactment, or
,
and
(b) in sub-paragraph (4)(c) for “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “ any enactment ”.
(6) In paragraph 7 (disposal of property held by governing body of maintained school on their dissolution), in sub-paragraph (1) for “paragraph 4 of Schedule 10” there is substituted “ paragraph 5 of Schedule 1 to the Education Act 2002 ”.
119 In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.
Protection of Children Act 1999 (c. 14)
120 Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect.
121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122 In section 9(2) of the Protection of Children Act 1999 (proceedings of the Tribunal)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) at the end there is inserted
or
“(f) on an appeal under section 166 of the Education Act 2002;
.
123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Learning and Skills Act 2000 (c. 21)
124 (1) Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms by Learning and Skills Council for England) is amended as follows.
(2) In subsection (1)(a) for “local schools budget” there is substituted “ schools budget ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Freedom of Information Act 2000 (c. 36)
127 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 52 there is substituted—
52 The governing body of—
(a) a maintained school, as defined by section 20(7) of the School Standards and Framework Act 1998, or
(b) a maintained nursery school, as defined by section 22(9) of that Act.
Criminal Justice and Court Services Act 2000 (c. 43)
128 (1) Section 35 of the Criminal Justice and Court Services Act 2000 (persons disqualified from working with children: offences) is amended as follows.
(2) For subsection (4)(b) there is substituted—
(b) he is subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching, &c.), given on the grounds that he is unsuitable to work with children,
.
(3) Subsection (5) is omitted.
Section 215(2)
Part 1 Repeals coming into force in accordance with section 216(2)
Short title and chapter | Extent of repeal
School Teachers’ Pay and Conditions Act 1991 (c. 49). | The whole Act.
Further and Higher Education Act 1992 (c. 13). | Section 26(9). Section 48.
Education Act 1996 (c. 56). | In section 578, the reference to the School Teachers’ Pay and Conditions Act 1991. In Schedule 37, paragraph 101.
Education Act 1997 (c. 44). | In section 23, in subsection (2), paragraph (f) and the word “and” immediately preceding it, and subsections (3) and (4). In section 26(3), the words “or approve” and the words “and subject to such conditions”.
School Standards and Framework Act 1998 (c. 31). | Section 13. In Schedule 30, paragraphs 24 to 28, 44 and 214(a). In Schedule 32, paragraph 7.
Part 2 Repeals coming into force in accordance with section 216(3)
Short title and chapter | Extent of repeal
Disability Discrimination Act 1995 (c. 50). | Section 28J(4).
Education Act 1997. | In section 29, in subsection (2), paragraph (f) and the word “and” immediately preceding it, and subsections (3) and (4). In section 32(3),the words “or approve” and the words “and subject to such conditions”.
School Standards and Framework Act 1998. | In Schedule 30, paragraph 215.
Special Educational Needs and Disability Act 2001 (c. 10). | Section 42(2). In Schedule 8, paragraph 2.
Part 3 Repeals coming into force in accordance with section 216(4)
Short title and chapter | Extent of repeal
Education Act 1967 (c. 3). | The whole Act, so far as unrepealed.
Local Government Act 1974 (c. 7). | Section 25(5)(b).
Sex Discrimination Act 1975 (c. 65). | In Schedule 2, paragraph 4.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30). | Section 40.
Education (Fees and Awards) Act 1983 (c. 40). | Section 1(6).
Education Act 1986 (c. 40). | Section 1(1)(b) and the word “and” immediately preceding it. Sections 2 to 4.
Education (No. 2) Act 1986 (c. 61). | Section 49. In section 50— (a) in subsection (1), paragraph (b) and the word “and” immediately preceding it, and (b) in subsection (3A), the words from “by the Secretary of State” to “teachers”.
Education Reform Act 1988 (c. 40). | Section 160. Sections 210 and 211. Sections 218 and 218A.
Children Act 1989 (c. 41). | In section 19, subsections (1) and (2) and in subsection (4) the words “the two authorities or, in Scotland,”. In section 79M(1), the word “or” at the end of paragraph (a). Section 79P(4)(d) and the preceding “and”. In section 79U, subsection (5) and, in subsection (9), the definition of “authorised inspector”.
Environmental Protection Act 1990 (c. 43). | Section 98(2)(c)(ii).
Further and Higher Education Act 1992 (c. 13). | In section 23(4), paragraph (b) and the word “and” immediately preceding it. In section 37, subsection (1)(b) and the word “or” immediately preceding it and subsections (8)(a) and (9). Sections 39 to 42. Section 60. In Schedule 8, paragraphs 46, 47, 49, 83 and 90.
Judicial Pensions and Retirement Act 1993 (c. 8). | In Schedule 5, the reference to “Chairman of an Independent Schools Tribunal”. In Schedule 7, paragraph 5(5)(xxvii).
Education Act 1994 (c. 30). | Section 4(4). In section 14, subsections (1), (3) and (4). In Schedule 2, paragraph 8(4).
Disability Discrimination Act 1995 (c. 50). | Section 28Q(12). In Schedule 4A, in the Table in paragraph 1, paragraph 3.
Nursery Education and Grant-Maintained Schools Act 1996 (c. 50). | The whole Act so far as unrepealed.
Education Act 1996 (c. 56). | In section 2(3)(a) the words “(including vocational, social, physical and recreational training)”. In section 4(1) the words “part-time education suitable to the requirements of junior pupils or”. In section 5(1) the words “part-time education suitable to the requirements of junior pupils or”. Section 29(6). In section 316A(11)(b) the words “a maintained nursery school or”. In section 317 subsection (3)(b) and the word “and” preceding it. In section 318, in subsection (3A) paragraph (b) and the word “or” immediately preceding it. In section 329A(13)(a), the words “a maintained nursery school or”. Sections 350 to 369. Section 408(4)(a). In section 409(1), the words “with the approval of the Secretary of State and”. Section 410. Sections 464 to 478. Section 483(3A). Section 483A(7). In section 484, in subsection (2) the words “England and” and subsection (6). Sections 486 to 488. Sections 490 to 492 Section 497A(3). Section 509(6). In section 509A(5)(b), sub-paragraph (ii) and the word “or” immediately preceding it. Section 537(9) and (10). In section 545(2)(a), the words “or section 218(7) of the Education Reform Act 1988”. In section 548(8), in paragraph (b), sub-paragraph (ii) and the word “or” preceding that sub-paragraph, and paragraph (c). In section 568, in subsection (2) the words “sections 468, 471(1) and 474”, in subsection (3) the words from “section 354(6)” to “401”, and subsection (4). In section 578, the entries relating to the Education Act 1967 and the Nursery Education and Grant-Maintained Schools Act 1996. In section 580, the entries relating to— city academy; city college for the technology of the arts; city technology college; register, registration; registered school; Registrar of Independent Schools. In Schedule 1, paragraph 7. Schedule 34. In Schedule 37, paragraphs 13 and 55, in paragraph 65(2), paragraph (b) and the word “and” immediately preceding it, paragraph 76 and paragraph 131.
School Inspections Act 1996 (c. 57). | In section 3(3), the word “and” at the end of paragraph (a). In section 6(3), the word “and” at the end of paragraph (a). In section 10, subsection (3)(e) and, in subsection (4B), paragraph (f) and the preceding “or”. In section 11(5), in paragraph (a), “(e)” and paragraph (b). In section 15(4)(c) the words “except where the school is a maintained nursery school”. In section 16(3), the word “and” preceding paragraph (d). In section 20(3), paragraph (b) and the preceding “or”. In section 21— in subsection (3)(b) the words “except in the case of a maintained nursery school”, and in subsection (4), paragraph (b) and the preceding “or”. In Schedule 3, in the definition of “appropriate authority” in paragraph 1, paragraph (b), and in paragraph (c), “(e)”.
Education Act 1997 (c. 44). | Chapter 1 of Part 4. Section 49. In Schedule 7, paragraphs 8, 9(3), 14, 27, 28 and 36.
Police Act 1997 (c. 50). | In section 113— (a) in subsection (3A), paragraph (a)(ii) and (iii), and (b) in subsection (3B), paragraph (c) and the words from “and the reference” to the end. Section 115(6A)(a)(ii) and (iii).
Teaching and Higher Education Act 1998 (c. 30). | Section 1(8). In section 3— (a) the words “within the meaning of section 218(2) of the Education Reform Act 1988”, and (b) subsection (3)(c). Section 10. Section 11. Section 13. Section 18. In Schedule 2, paragraph 1(5). In Schedule 3, paragraph 5.
School Standards and Framework Act 1998 (c. 31). | Section 3. Section 7(10). Section 10(3) and (7). In section 11, in subsection (2) the words from “and” to the end, and subsection (3). Section 16(4) and (13). In section 22(1), in paragraph (b) the words “under section 28 or 31” and in paragraph (c) the words “under section 28”. In section 33(1), the word “and” at the end of paragraph (b). Sections 36 to 44. Section 46. In section 52(2), the word “and” at the end of paragraph (b). Sections 54 to 57. In section 63, in subsections (1) and (3) the word “unauthorised” and, in subsection (4), the definition of “unauthorised absence”. Sections 64 to 68. In section 84(6), the definition of “the relevant standard number”. Section 86(3)(b) and (6). Section 91. Section 93. Section 115. In section 119(5), the word “and” at the end of paragraph (a). In section 120(2)(a), the words “of proposals” and “and”. In section 121, in subsection (1), the words “the authority’s statement of proposals” and in subsection (9) the words “early years development”. Section 127(6)(e), (f), (h), (i) and (k). In section 138— (a) in subsection (2)(b), the words “paragraph 3(5) or 4 of Schedule 10”, (b) in subsection (4)(b), the words “paragraph 4 or 8 of Schedule 23 or”, and (c) in subsection (5), paragraph (a) (ii) and (iii) and, in paragraph (b)(ii), the word “46”. In section 143, the entries relating to local schools budget and relevant standard number. In Schedule 4, paragraph 5(4)(e). In Schedule 6— in paragraph 3(2), the word “or” at the end of paragraph (b); in paragraph 4(3), the word “or” at the end of paragraph (d); in paragraph 4(5), the word “or” at the end of paragraph (a); in paragraph 5(9), the words “or (8)”; in paragraph 10(6), the words “or (5)”. Schedules 9 to 13. Schedules 16 to 18. Schedules 23 to 25. In Schedule 26, in paragraph 1, sub-paragraph (1)(c) and the word “or” preceding it, and paragraphs 6(4), 8(9) and 15. In Schedule 28, paragraph 4(1) and Part 2. In Schedule 30— paragraph 3(3), paragraph 14, paragraph 17, paragraph 47(a), paragraph 56, in paragraph 74 sub-paragraphs (2) and (3) and in sub-paragraph (4) paragraph (b) and the word “and” preceding it, paragraphs 85 to 90, paragraph 133(b), paragraph 194(3)(a)(ii), paragraph 204(b).
Protection of Children Act 1999 (c. 14). | Section 5. In section 7— (a) subsection (1)(a)(ii) and (iii), (b) the word “and” immediately preceding subsection (2)(c), and (c) subsection (4). In section 9(2), the word “or” at the end of paragraph (d). In section 12(2), the definition of “the 1988 Act”.
Employment Relations Act 1999 (c. 26). | Section 40.
Immigration and Asylum Act 1999 (c. 33). | In Schedule 14, paragraph 117.
Care Standards Act 2000 (c.14). | Section 100. In Schedule 4, paragraph 24.
Learning and Skills Act 2000 (c. 21). | Sections 130 to 132. Section 148(2). In Schedule 7, in paragraph 35(1), the word “or” at the end of paragraph (b). Schedule 8. In Schedule 9, paragraphs 18, 26, 30, 35 and 58, in paragraph 59, sub-paragraphs (6)(b), (7)(b) and (c) and (8), and paragraph 91.
Criminal Justice and Court Services Act 2000 (c. 43). | Section 35(5). In Schedule 7, paragraph 83.