School Standards and Framework Act 1998

(512A) (1) The Secretary of State may by order make provision for imposing on the governing body of any school to which the order applies a duty or duties corresponding to one or more of the duties of the local education authority which are mentioned in subsection (2). (2) Those duties are— (a) the duty to provide school lunches in accordance with section 512(1A) and (1B); (b) the duty to provide school lunches free of charge in accordance with section 512(3)(a); and (c) the duty to provide milk free of charge in accordance with section 512(3)(b). (3) An order under this section may (subject to subsection (6)) apply to— (a) all maintained schools; or (b) any specified class of such schools; or (c) all such schools, or any specified class of such schools, maintained by specified local education authorities. (4) Where any duty falls to be performed by the governing body of a school by virtue of an order under this section— (a) the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the local education authority in relation to the school; and (b) if the duty corresponds to the one mentioned in subsection (2)(b) or (c), section 533(3) shall not apply to any school lunches or milk provided by the governing body in pursuance of the order. (5) An order under this section may provide for section 513(2) not to apply— (a) to local education authorities generally, or (b) to any specified local education authority, either in relation to all pupils for whom provision is made by the authority under section 513 or in relation to all such pupils who are of such ages as may be specified. (6) An order under this section shall not operate to— (a) impose any duty on the governing body of a school, or (b) relieve a local education authority of any duty in relation to a school, at any time when the school does not have a delegated budget; and such an order may provide for section 512(2)(b) above to have effect, in relation to any provision made at any such time by the local education authority for pupils at the school, with such modifications as may be specified. (7) In this section— - “delegated budget” and “maintained school” have the same meaning as in the School Standards and Framework Act 1998; - “school lunch” has the same meaning as in section 512 above; - “specified” means specified in an order under this section.

Part V — Nursery education

Nursery education

Definition of “nursery education”.

117

In this Part “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

General duty of local authority

Duty of local authority as respects availability of nursery education.

118

• (1) A local authority in Wales shall secure that the provision (whether or not by them) of nursery education for children who—

• (a) have not attained compulsory school age, but

• (b) have attained such age as may be prescribed,

is sufficient for their area.

• (2) In determining for the purposes of subsection (1) whether the provision of such education is sufficient for their area a local authority—

• (a) may have regard to any facilities which they expect to be available outside their area for providing such education; and

• (b) shall have regard to any guidance given from time to time by the National Assembly for Wales.

Duties of local authority in respect of childcare

118A

• (1) A local authority shall review annually the sufficiency of childcare provision for their area.

• (2) In carrying out a review for the purposes of subsection (1), a local authority—

• (a) may have regard to any facilities which they expect to be available outside their area for providing childcare; and

• (b) shall have regard to any guidance given from time to time by the Secretary of State.

• (3) A local authority shall also establish and maintain a service providing information to the public relating to the provision of childcare and related services in their area.

• (4) In relation to the function, form and content of a service established and maintained under subsection (3), a local authority shall have regard to any guidance given from time to time by the Secretary of State.

Early years development and childcare partnerships

Early years development and childcare partnerships.

119

• (1) Every local authority in Wales shall establish for their area a body to be known as an early years development and childcare partnership (“the partnership”).

• (2) In establishing the partnership and determining its constitution the authority shall have regard to any guidance given from time to time by the Assembly.

• (3) The authority may establish a sub-committee of the partnership for any part of their area.

• (4) The authority shall make arrangements—

• (a) for the meetings and proceedings of the partnership and any such sub-committee, and

• (b) for the partnership (and any such sub-committee) to be provided with accommodation and with such services as the authority consider appropriate.

• (5) The functions of the partnership shall be to work with the authority—

• (a) in reviewing the sufficiency of the provision of nursery education for the authority’s area for the purposes of section 118, . . .

• (ab) in reviewing the sufficiency of childcare provision for the authority’s area for the purposes of section 118A, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The Assembly may by order confer on early years development and childcare partnerships such additional functions as are specified in the order.

Early years development and childcare plans

Early years development and childcare plans.

120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval, modification and review of statement of proposals.

121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection of nursery education

Inspection of nursery education in Wales.

122

• (1) Schedule 26 (inspections, etc. of providers of nursery education in Wales) shall have effect.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Any register of nursery education inspectors established by the Chief Inspector for Wales under Schedule 1 to that Act shall be treated as established by him under Schedule 26 to this Act; and accordingly anything done under Schedule 1 to that Act in connection with the registration of (or any refusal to register) any person in that register shall, if effective immediately before the commencement of this section, continue to have effect as if done under Schedule 26 to this Act.

• (4) In subsection (3) “the Chief Inspector for Wales” means“ Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

Further provisions relating to nursery education

Children with special educational needs.

123

• (1) It shall be the duty of—

• (a) any local authority in England or other person providing relevant early years education, and

• (b) any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,

to have regard to the provisions of the code of practice issued under section 77 of the Children and Families Act 2014 (in the case of education in England) ....

• (1A) Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.

• (2) The code of practice in question may include practical guidance in respect of the provision of relevant early years education for children with special educational needs in circumstances where functions under Part 3 of the Children and Families Act 2014 ... do not fall to be discharged.

• (3) But unless the code of practice in question includes provision made by virtue of subsection (2)—

• (a) the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under Part 3 of the Children and Families Act 2014 ... 1996 do not fall to be discharged, and

• (b) the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.

• (3A) Subsection (3B) applies if—

• (a) a local authority or other person providing relevant early years education for a child makes special educational provision for him because it is considered that he has special educational needs;

• (b) no EHC plan ... 1996 is maintained for the child; and

• (c) his parent has not previously been informed under subsection (3B) of the special educational provision made for him.

• (3B) The local authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.

• (4) In this section “relevant early years education” means—

• (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is—

• (i) provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); or

• (ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Travel arrangements for children receiving nursery education otherwise than at school.

124

After section 509 of the Education Act 1996 there shall be inserted—

(509A) (1) A local education authority may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises— (a) which are not a school or part of a school, but (b) at which relevant nursery education is provided, for the purpose of receiving such education there. (2) The assistance which may be provided for a child under this section consists of either— (a) making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or (b) paying the whole or any part of his reasonable travel expenses. (3) When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local education authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant nursery education at any other premises (whether nearer to his home or otherwise). (4) Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless— (a) the child’s parent, or (b) the person providing the relevant nursery education concerned, agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine. (5) In this section “relevant nursery education” means nursery education which is provided— (a) by a local education authority, or (b) by any other person— (i) who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or (ii) who is in receipt of grants under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.

PART 5A — TEACHERS AND STAFF AT INDEPENDENT SCHOOLS HAVING A RELIGIOUS CHARACTER

Employment of teachers at independent schools having a religious character

124A

• (1) This section applies to an independent school which has a religious character , other than an Academy to which section 124AA applies.

• (2) Preference may be given, in connection with the appointment, promotion or remuneration of teachers at the school, to persons—

• (a) whose religious opinions are in accordance with the tenets of the religion or the religious denomination specified in relation to the school under section 124B(2), or

• (b) who attend religious worship in accordance with those tenets, or

• (c) who give, or are willing to give, religious education at the school in accordance with those tenets.

• (3) Regard may be had, in connection with the termination of the employment or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.

Staff at certain Academies with religious character

124AA

• (1) This section applies if—

• (a) an Academy order has been made in respect of a foundation or voluntary controlled school which is designated by order under section 69(3) as a school having a religious character,

• (b) the school has been converted into an Academy (see section 4(3) of the Academies Act 2010), and

• (c) the Secretary of State has not made an order in respect of the school under subsection (2).

• (2) The Secretary of State may by order provide that this section does not apply to a school specified in the order.

• (3) Where there are more than two teachers at the Academy, the teachers must include persons who—

• (a) are selected for their fitness and competence to give religious education in accordance with the tenets of the religion or the religious denomination specified in relation to the Academy in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010), and

• (b) are specifically appointed to do so.

A teacher employed or engaged at the Academy in pursuance of this subsection is a “reserved teacher”, and any other teacher at the Academy is a “non-reserved teacher”.

• (4) The number of reserved teachers in the Academy must not exceed one-fifth of the total number of teachers, including the principal (and for this purpose, where the total number of teachers is not a multiple of five, it is to be treated as if it were the next higher multiple of five).

• (5) In connection with the appointment of a person to be the principal of the Academy, in a case where the principal is not to be a reserved teacher, regard may be had to that person's ability and fitness to preserve and develop the religious character of the Academy.

• (6) Preference may be given, in connection with the appointment, promotion or remuneration of reserved teachers at the Academy, to persons—

• (a) whose religious opinions are in accordance with the tenets of the religion or the religious denomination specified in relation to the Academy in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010), or

• (b) who attend religious worship in accordance with those tenets, or

• (c) who give, or are willing to give, religious education at the Academy in accordance with those tenets.

• (7) Regard may be had, in connection with the termination of employment or engagement of any reserved teacher at the Academy, to any conduct on the part of the teacher which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination specified in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010).

• (8) No person, other than a reserved teacher, is to be disqualified by reason of their religious opinions, or of their attending or omitting to attend religious worship—

• (a) from being a teacher at the Academy, or

• (b) from being employed or engaged for the purposes of the Academy otherwise than as a teacher.

• (9) A non-reserved teacher must not be required to give religious education.

• (10) A non-reserved teacher must not receive any less remuneration than any other non-reserved teacher, or be deprived of, or disqualified for, any promotion or other advantage available to other non-reserved teachers—

• (a) for the reason that the teacher gives, or does not give, religious education, or

• (b) for reasons related to the teacher's religious opinions or to the teacher's attending or omitting to attend religious worship.

Designation of independent schools as having a religious character

124B

• (A1) Subsections (1) and (3) of section 68A (which relate to the designation of foundation or voluntary schools in Wales as having a religious character) apply in relation to an independent school in Wales as they apply in relation to a foundation or voluntary school in Wales, but as if—

• (a) in subsection (1) of that section, the references to Part 2 and the Curriculum and Assessment (Wales) Act 2021 were a reference to this Part, and

• (b) in subsection (3) of that section, the reference to subsection (2) of that section were a reference to subsection (2) of this section.

• (1) Subsections (3) and (5) of section 69 (which relate to the designation of foundation or voluntary schools in England as having a religious character) apply in relation to an independent school in England (other than an alternative provision Academy) as they apply in relation to a foundation or voluntary school, but as if—

• (a) in subsection (3), the reference to Part 2 were a reference to this Part, and

• (b) in subsection (5), the reference to subsection (4) of that section were a reference to subsection (2) of this section.

• (2) An order made under section 68A by virtue of subsection (A1) or under section 69(3) by virtue of subsection (1) shall specify, in relation to each school designated by the order, the religion or religious denomination (or as the case may be each religion or religious denomination) in accordance with whose tenets education is provided at the school or the school is conducted.

Part VI

Partnership arrangements to secure provision of certain further education in Wales.

125

• (1) The Further and Higher Education Act 1992 shall be amended as follows.

• (2) In section 5 (administration of funds by further education funding councils), after subsection (5) there shall be inserted—

(5A) The Further Education Funding Council for Wales may give financial support to a local education authority for an area in Wales for the purposes of any partnership arrangement made by the authority to which section 60A of this Act applies.

• (3) In section 18 (principal powers of a further education corporation)—

• (a) in subsection (1), the words “and those powers” to the end shall be omitted, and

• (b) after subsection (3) there shall be added—

(4) In addition to the powers conferred by subsection (1) above, a further education corporation which conducts one or more educational institutions situated in Wales may— (a) secure the provision of full-time or part-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19, but only if that provision is made under a partnership arrangement to which section 60A of this Act applies, and (b) supply goods or services in connection with the securing of the provision of education under paragraph (a) above. (5) Subsections (2) and (3) above shall apply for the purposes of subsection (4) above as they apply for the purposes of subsection (1), except that references in those subsections to the provision of education shall be construed as references to the securing of the provision of education. (6) The powers conferred by subsection (1) above and the powers conferred by subsection (4) above are referred to in section 19 of this Act as the corporation’s principal powers.

• (4) After section 60 there shall be inserted—

(60A) (1) An arrangement is a partnership arrangement to which this section applies if— (a) it is made by— (i) one or more local education authorities for areas in Wales, and (ii) one or more governing bodies of Welsh further education institutions, for the purpose of securing the provision of education within subsection (3), (b) it provides for the facilities connected with the provision of education under the arrangement to be provided— (i) in part, at one or more schools maintained by the local education authority which is a party to the arrangement (or where more than one local education authority is a party, by each of them), and (ii) in part, at one or more Welsh further education institutions conducted by the governing body which is a party to the arrangement (or, where more than one governing body is a party, by each of them), (c) it is made with the consent of— (i) the Further Education Funding Council for Wales, and (ii) the governing body of each school at which, in accordance with the arrangement, facilities are to be provided, and (d) it is approved by the Secretary of State. (2) For the purposes of subsection (1) above— (a) “Welsh further education institution” means an institution which is within the further education sector and is situated in Wales, and (b) a designated institution shall be treated as conducted by the governing body of the institution. (3) Education is within this subsection if it is full-time or part-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19. (4) The following bodies shall exercise their functions with a view to securing that any education provided under a partnership arrangement to which this section applies is provided and funded in accordance with the arrangement— (a) each local education authority which is a party to the arrangement; (b) each governing body of an institution (or institutions) within the further education sector which is a party to the arrangement; (c) the Further Education Funding Council for Wales; (d) each governing body of a school which consented to the arrangement. (5) Schedule 5A to this Act shall have effect in relation to partnership arrangements to which this section applies.

• (5) After Schedule 5 there shall be inserted the Schedule set out in Schedule 27 to this Act.

Provisions relating to education provided under partnership arrangements.

126

• (1) The Education Act 1996 shall have effect in relation to education provided under relevant partnership arrangements subject to the following provisions of this section.

• (2) For the purposes of that Act—

• (a) full-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19 which is provided at a school at which education within section 2(2)(a) of that Act is also provided shall not be regarded as secondary education, and

• (b) a person for whom full-time or part-time education suitable to the requirements of such persons is being provided at a school shall not be regarded as a pupil,

if that education is being provided under a relevant partnership arrangement.

• (3) Accordingly, education within subsection (2)(a) above which is provided under a relevant partnership arrangement shall, for the purposes of that Act, be regarded as further education.

• (4) In this section “relevant partnership arrangement” means a partnership arrangement to which section 60A of the Further and Higher Education Act 1992 (as inserted by section 125(4)) applies.

Part VII — Miscellaneous and general

Code of practice for local authorities and maintained schools in Wales

Code of practice for securing effective relationships between local authorities and maintained schools in Wales.

127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial assistance to non-maintained schools

Financial assistance to non-maintained schools.

128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of school expenses; grant of scholarships, etc.

129

For section 518 of the Education Act 1996 there shall be substituted—

(518) (1) A local education authority, for the purpose of enabling persons to take advantage of any educational facilities available to them, may in such circumstances as may be specified in or determined in accordance with regulations— (a) pay such expenses of children attending community, foundation, voluntary or special schools as may be necessary to enable them to take part in any school activities, (b) grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age. (2) Regulations may make provision— (a) for requiring a local education authority to make, in relation to each financial year, a determination relating to the extent to which they propose to exercise their power under subsection (1)(b) in that year; and (b) for authorising an authority to determine not to exercise that power in a financial year— (i) generally, (ii) in such cases as may be prescribed, or (iii) in such cases as may be determined by the authority.

Transfer of assisted places.

130

• (1) In section 3(2) of the Education (Schools) Act 1997 (regulations for purposes of transitional arrangements), after paragraph (f) there shall be added—

(g) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has at any time held) an assisted place provided by a school under section 2(1), to authorise another school which is either— (i) a former participating school, or (ii) a new school authorised to provide assisted places by virtue of paragraph (f) above, to provide for the pupil under section 2(1) the assisted place which the first-mentioned school was authorised to provide.

• (2) In section 75A(9A) of the Education (Scotland) Act 1980 (regulations in connection with assisted places)—

• (a) the word “and” immediately preceding paragraph (b) shall be omitted; and

• (b) after that paragraph there shall be inserted

; and (c) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.

Abolition of corporal punishment

Abolition of corporal punishment in schools etc.

131

• (1) For section 548 of the Education Act 1996 there shall be substituted—

(548) (1) Corporal punishment given by, or on the authority of, a member of staff to a child— (a) for whom education is provided at any school, or (b) for whom education is provided, otherwise than at school, under any arrangements made by a local education authority, or (c) for whom specified nursery education is provided otherwise than at school, cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such. (2) Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere. (3) The following provisions have effect for the purposes of this section. (4) Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery. (5) However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting— (a) an immediate danger of personal injury to, or (b) an immediate danger to the property of, any person (including the child himself). (6) “Member of staff”, in relation to the child concerned, means— (a) any person who works as a teacher at the school or other place at which education is provided for the child, or (b) any other person who (whether in connection with the provision of education for the child or otherwise)— (i) works at that school or place, or (ii) otherwise provides his services there (whether or not for payment), and has lawful control or charge of the child. (7) “Child” (except in subsection (8)) means a person under the age of 18. (8) “Specified nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age which is provided— (a) by a local education authority; or (b) by any other person— (i) who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or (ii) who is (or is to be) in receipt of grants under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996; or (c) (otherwise than as mentioned in paragraph (a) or (b)) in any educational institution which would fall within section 4(1) above (definition of “school”) but for the fact that it provides part-time, rather than full-time, primary education.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The funding authorities

Dissolution of Funding Agency for Schools.

132

• (1) The Funding Agency for Schools shall be dissolved on such date as the Secretary of State may by order specify (“the dissolution date”).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any property, rights and liabilities to which the Agency are entitled or subject immediately before the dissolution date (whether or not capable of being transferred or assigned by the Agency) shall by virtue of this section become property, rights and liabilities of the Secretary of State on that date.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability of the Agency to which subsection (5) applies shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if—

• (a) where the Agency is a party to it, the Secretary of State were substituted as that party,

• (b) for any reference to the Agency there were substituted a reference to the Secretary of State,

• (c) for any reference (however worded and whether express or implied) to the chairman, the chief officer or any member of the Agency there were substituted a reference to such officer or officers as the Secretary of State may appoint for the purpose, and

• (d) for any reference to the office or place of business of the Agency there were substituted a reference to the principal office of the Secretary of State.

Removal of power to establish Schools Funding Council for Wales.

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School and nursery inspections

Publication of inspection reports.

134

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 39 of the Education Act 1997 (reports of inspections of local authorities), at the end of subsection (4) (publication of such reports) there shall be added “; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).”

Miscellaneous amendments relating to school and nursery inspections.

135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Assets Board

Change of name of Education Assets Board.

136

• (1) The Education Assets Board shall be known instead as the Education Transfer Council.

• (2) For any reference to the Education Assets Board—

• (a) in any statutory provision (other than this section), or

• (b) in any instrument or document,

there shall be substituted, as respects any time after the commencement of this section, a reference to the Education Transfer Council.

• (3) The Secretary of State may by order specify a different name by which the Council are to be known; and an order under this section may make such provision as appears to the Secretary of State to be necessary or expedient in consequence of the change of name effected by the order (including provision for amending statutory provisions).

Education Transfer Council: alteration of functions and provision for dissolution.

137

• (1) Schedule 29 (which amends section 198 of, and Schedule 10 to, the Education Reform Act 1988, which relate to the functions of the Education Transfer Council) shall have effect.

• (2) The Secretary of State may by order make such further amendments of those provisions of that Act as he considers expedient.

• (3) Regulations may make provision—

• (a) for the dissolution of the Education Transfer Council by order of the Secretary of State and for enabling him to determine how any property, rights and liabilities of the Council are to be dealt with in connection with their dissolution;

• (b) for the subsequent establishment of a new body with such name as may be prescribed and constituted in the same manner as, or similarly to, the Council;

• (c) for dealing with transfers of property, rights and liabilities under this Act , under the Education Reform Act 1988 or under the Further and Higher Education Act 1992at a time when the Council has been dissolved and either—

• (i) a body has been subsequently established under paragraph (b), or

• (ii) no such body has been so established.

• (4) Regulations under subsection (3) may, in connection with any matters falling within paragraph (b) or (c) of that subsection—

• (a) modify any of the provisions of section 197 or 198 of, or Schedule 8 or 10 to, the Education Reform Act 1988 or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992;

• (b) apply any of those provisions with or without modifications;

• (c) make provision corresponding or similar to any of those provisions.

Supplementary

Orders and regulations.

138

• (1) Subject to subsection (2), any power of the Secretary of State or the Assembly to make an order or regulations under this Act shall be exercised by statutory instrument.

• (2) Subsection (1) does not apply to any order under—

• (a) section 11(5), 20(5), 21(8), 73, 82, 111(3)(a) , 124AA(2) or 142(1); or

• (b) paragraph 5 of Schedule 5, paragraph 2 or 3 of Schedule 7, ..., paragraph 1 of Schedule 14, paragraph 10 of Schedule 21, paragraph 4(2) , 7(3)(c) or 8A of Schedule 22 or paragraph 5(3) of Schedule 32.

• (3) Subject to subsections (4) and (5), a statutory instrument containing any order or regulations made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Subsection (3) does not apply to any order under—

• (a) section 20(7), ... 45C(2), 69(3), 85(5), 104... or 145; or

• (b) ... paragraph 1 of Schedule 32.

• (5) Subsection (3) also does not apply to—

• (a) any order under—

• (i) section 1(5),

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

; or

• (b) the first regulations to be made under—

• (i) section 38(3) or 39(1),

• (ii) section ... , 47 or 48(1), or

• (iii) section 105 or 108(2); or

• (c) the first regulations to be made under section 45AA, or

• (d) the first regulations to be made under section 47 in relation to England after the coming into force of paragraph 6 of Schedule 16 to the Education Act 2005,

and no such order or regulations shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (6) If a draft of the statutory instrument containing any such regulations under section 105 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

• (7) Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State or the Assembly thinks fit.

• (8) Any order or regulations under this Act may make different provision in relation to England and Wales respectively.

• (9) Nothing in this Act shall be read as affecting the generality of subsection (7).

Regulations made by Welsh Ministers under section 71(7A) or sections 89 to 90

138A

• (1) Any power of the Welsh Ministers to make regulations under section 71(7A) or sections 89 to 90 shall be exercisable by statutory instrument.

• (2) A statutory instrument containing any such regulations made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (3) Any such regulations may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Welsh Ministers think fit.

Financial provisions.

139

• (1) There shall be paid out of money provided by Parliament—

• (a) any sums required for the making by the Secretary of State of grants or loans under this Act;

• (b) any other expenses of the Secretary of State under this Act; and

• (c) any increase attributable to this Act in the sums so payable by virtue of any other Act.

• (2) There shall be paid into the Consolidated Fund—

• (a) any sums received by the Secretary of State under or by virtue of this Act; and

• (b) any fees received by ... Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, under Schedule 26.

Minor and consequential amendments and repeals.

140

• (1) The minor and consequential amendments set out in Schedule 30 shall have effect.

• (2) Unless the context otherwise requires, any reference in any enactment amended by this Act—

• (a) to a maintained school, or

• (b) to a community, foundation or voluntary school or a community or foundation special school,

is a reference to such a school within the meaning of this Act.

• (3) The enactments specified in Schedule 31 (which include certain spent enactments) are repealed to the extent specified.

• (4) Any articles of government of a school which are in force under the Education Act 1996 immediately before the appointed day shall cease to have effect on that day.

Construction

Minor authorities.

141

• (1) For the purposes of this Act a maintained school serves an area for which there are one or more minor authorities if the area served by the school is—

• (a) a parish or community;

• (b) an area in England which is not within a parish and is not situated in—

• (i) a county for which there is no council, or

• (ii) a county in which there are no district councils; or

• (c) an area comprising two or more areas each of which falls within paragraph (a) or (b).

• (2) Where the area served by the school is a parish—

• (a) the parish council (if there is one), or

• (b) the parish meeting (if there is no parish council),

is the minor authority in relation to the school.

• (3) Where the area served by the school is a community, the community council is the minor authority in relation to the school.

• (4) Where the area served by the school is an area falling within subsection (1)(b), any district council for the whole or part of the area is a minor authority in relation to the school.

• (5) Where the area served by the school is an area falling within subsection (1)(c), each of the relevant authorities is a minor authority in relation to the school.

• (6) In subsection (5) “the relevant authorities” means the bodies which, if the two or more constituent areas referred to in subsection (1)(c) were taken separately, would be minor authorities in relation to the school.

• (7) References in this section to the area served by a school are references to the area appearing to the local authority to be served by the school.

General interpretation.

142

• (1) In this Act, unless the context otherwise requires—

• ...

• “the Assembly” means the National Assembly for Wales;

• “Church in Wales school” means a foundation or voluntary school in the Province of Wales in relation to which the religion or religious denomination specified under section 68A is “Church in Wales” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Welsh Ministers may by order designate in respect of that diocese;

• “Church of England school” means a foundation or voluntary school in the Province of Canterbury or York in relation to which the religion or religious denomination specified under section 69(4) is “Church of England” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated;

• “community or foundation special school” means a community special school or a foundation special school;

• “contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996;

• “employment” (except in section 92(4)) means employment under a contract of employment, and “employed” shall be construed accordingly;

• “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;

• “maintained school” (except in Part III) has the meaning given by section 20(7);

• “prescribed” (except in sections 89 to 90) means prescribed by regulations;

• “reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;

• “regulations” (except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales) means regulations made by the Secretary of State under this Act;

• “relevant age group”, in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;

• “Roman Catholic Church school” means a foundation or voluntary school in relation to which the religion or religious denomination specified under section 68A or 69(4) is “Roman Catholic” and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated;

• “school maintained by a local authority”, in relation to any time on or after the appointed day, means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;

• “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.

• (2) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority” the Welsh Ministers shall consult the bishop for the diocese.

• (3) Any reference in this Act to the religion or religious denomination specified in relation to a school under section 68A, section 69(4) or 124B(2) shall be construed, in a case where more than one religion or religious denomination is so specified, as including a reference to any of those religions or religious denominations.

• (4) As a result of subsection (3), subsection (1) has the effect that a school may, for example, be both a Church of England school and a Roman Catholic Church school and so have a different appropriate diocesan authority in each of those capacities; and, in the case of a school with two appropriate diocesan authorities, any reference in this Act (or Part 4 of the Education and Inspections Act 2006) to “the appropriate diocesan authority” is—

• (a) in relation to anything required to be done by or in relation to that authority, a reference to both of the authorities concerned; or

• (b) in relation to anything authorised to be done by or in relation to that authority, a reference to either or both of the authorities concerned (or, in the context ... or of section 64(4) or (6) of the Education and Inspections Act 2006, to both of them acting together).

• (5) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if—

• (a) in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and

• (b) in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class.

• (6) For the purposes of this Act references to disposing of land include references to—

• (a) granting or disposing of any interest in land;

• (b) entering into a contract to dispose of land or to grant or dispose of any such interest; and

• (c) granting an option to purchase any land or any such interest.

• (7) For the purposes of this Act—

• (a) a person employed by a local authority is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school; and

• (b) a person employed by a local authority is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.

• (8) This Act shall be construed as one with the Education Act 1996; and (without prejudice to their generality) paragraphs 1 and 2 of Schedule 39 to that Act (construction of references etc.) apply to references in this Act to provisions of that Act.

• (9) Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.

• (10) Subsection (1) of section 576 of that Act (meaning of “parent”) shall, in its application for the purposes of—

• (a) section 43 or 62(2) of this Act, or

• (b) paragraph 4 of Schedule 2 or paragraph 4 or 14 of Schedule 9 to this Act,

be taken as referring only to persons within paragraph (a) or (b) of that subsection who are individuals.

Index.

143

The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

Final provisions

Transitional provisions etc.

144

• (1) Regulations may at any time make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.

• (2) Regulations under subsection (1) may, in particular, make provision—

• (a) for enabling any authority or body by whom any functions will become exercisable on the appointed day by virtue of any provision made by or under this Act to take before that day any steps (such as the establishment of committees or the undertaking of consultation) which are necessary or expedient in preparation for the exercise of those functions;

• (b) for requiring any body—

• (i) by whom any functions will cease to be exercisable at any time, or

• (ii) who are required to be reconstituted as from any time,

by virtue of any provision made by or under this Act to take before that time any steps (such as the provision of information, the furnishing of other assistance or the taking of any decision) which are necessary or expedient in preparation for the exercise of functions conferred on any authority or other body, by virtue of any such provision, as from that time or (as the case may be) in preparation for their reconstitution;

• (c) for the making before the appointed day of arrangements for securing the satisfactory operation from that day of any such provision and for defraying the cost of any such arrangements;

• (d) for prohibiting or restricting the taking of steps before the appointed day which, by virtue of any such provision, will cease to be capable of being taken as from that day;

• (e) for enabling the determination under the regulations of matters pending immediately before the appointed day;

• (f) for any provision of this Act which comes into force before—

• (i) another such provision has come into force, or

• (ii) anything falling to be done under another such provision (such as the approval of a school organisation plan) has been done,

to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;

• (g) for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the appointed day, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.

• (3) Without prejudice to the generality of subsection (1) or any provision of subsection (2), regulations under subsection (1) may provide—

• (a) for any relevant provision to apply (with or without modification) to, or to any description of—

• (i) schools maintained by a local authority within the meaning of the Education Act 1996, or

• (ii) grant-maintained or grant-maintained special schools within the meaning of that Act;

• (b) for any provision so applied, or any provision of the regulations, to have effect in relation to schools despite anything in their articles or instruments of government;

• (c) for any reference in this Act to the appointed day to have effect instead as a reference to such day as is specified in the regulations;

and accordingly references to the appointed day in subsection (2) include, in relation to any purposes for which any provision made by virtue of paragraph (c) above has effect, references to any such other day as is mentioned in that paragraph.

• (4) In paragraph (a) of subsection (3) “relevant provision” means—

• (a) (in relation to sub-paragraph (i) or (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local authority within the meaning of this Act, or

• (b) (in relation only to sub-paragraph (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local authority within the meaning of the Education Act 1996;

and in that paragraph and this subsection “school” includes a proposed school.

• (5) The amendments that may be made under subsection (2)(g) shall be in addition (and without prejudice) to those made by any other provision of this Act.

• (6) Nothing in this Act shall be read as prejudicing the generality of subsection (1).

• (7) The transitional provisions and savings in Schedule 32 shall have effect.

Short title, commencement and extent.

145

• (1) This Act may be cited as the School Standards and Framework Act 1998.

• (2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996.

• (3) Subject to subsections (4) and (5), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.

• (4) The following provisions come into force on the day on which this Act is passed—

• sections 1 to 4;

• sections 20 and 21;

• section 36(3);

• section 82;

• sections 84 and 85;

• section 130;

• sections 138, 139, 141 to 144 and this section;

• Schedule 2;

• Parts I and III of Schedule 11;

• paragraph 224 of Schedule 30 (and section 140(1) so far as relating thereto); and

• Schedule 32.

• (5) The following provisions come into force on the day on which this Act is passed, but for the purposes only of the preparation of instruments of government and the constitution of governing bodies and the exercise (in relation to those or any other matters) of any power to make regulations—

• sections 36(1) and (2) and 37(1) and (2); and

• Schedules 9, 10 and 12.

• (6) Subject to subsections (7) and (8), this Act extends to England and Wales only.

• (7) Section 130(2) extends to Scotland only; and this section extends also to Scotland.

• (8) The amendment or (subject to subsection (9)) repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland, and section 140 extends accordingly.

• (9) The entry in Schedule 31 relating to the Education (Scotland) Act 1980 extends to Scotland only.

SCHEDULE 1

Powers

1

• (1) An Education Action Forum may, subject to sub-paragraph (2), do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.

• (2) A Forum shall not have power to borrow money.

Chairman

2

The members of an Education Action Forum shall elect one of their number to be chairman of the Forum, who shall hold office for such period as is specified in the order by which the Forum is established under section 10(1).

Committees

3

An Education Action Forum may—

• (a) establish a committee for any purpose; and

• (b) authorise any such committee to exercise such of its functions as it may determine.

Proceedings

4

The Secretary of State may by regulations make provision as to the meetings and proceedings of an Education Action Forum.

5

The validity of the proceedings of an Education Action Forum shall not be affected by a vacancy among the members or any defect in the appointment of a member.

6

Subject to the preceding provisions of this Schedule, an Education Action Forum may regulate its own procedure and that of any of its committees.

Accounts

7

• (1) It shall be the duty of an Education Action Forum—

• (a) to keep proper accounts and proper records in relation to the accounts,

• (b) to prepare in respect of each financial year of the Forum a statement of accounts, and

• (c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

• (2) The statement of accounts shall comply with any directions given by the Secretary of State as to—

• (a) the information to be contained in it,

• (b) the manner in which the information contained in it is to be presented, or

• (c) the methods and principles according to which the statement is to be prepared.

• (3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

• (4) In this paragraph “financial year” means the period beginning with the date on which the Forum is established and ending with the 31st March following that date, and each successive period of twelve months.

Application of seal and proof of instruments

8

The application of the seal of an Education Action Forum shall be authenticated by the signature—

• (a) of the chairman or of some other person authorised either generally or specially by the Forum to act for that purpose, and

• (b) of one other member.

9

Every document purporting to be an instrument made or issued by or on behalf of an Education Action Forum and to be duly executed under the seal of the Forum, or to be signed or executed by a person authorised by the Forum to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Charitable status

10

An Education Action Forum shall be a charity and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 (institutions required to be excepted from registration under that Act) as if that provision applied to it.

SCHEDULE 1A

Interpretation of Schedule

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Governing body to consist of members appointed by appropriate authority

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of notice under section 16A(1) or 18A(1)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim executive members

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of appropriate authority to inform other persons

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to specify duration of interim period

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration and allowances

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of interim executive board

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings of interim executive board

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect on suspension of delegated budget

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of certain statutory provisions

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of school

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of resumption of government by normally constituted governing body

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time when interim executive members cease to hold office

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Establishment of normally constituted governing body

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Allocation of local authority-maintained schools

1

A school which immediately before the appointed day is (within the meaning of the Education Act 1996)—

• (a) a county school,

• (b) a controlled, aided or special agreement school, or

• (c) a maintained special school,

shall become on that day a school of the category to which it is allocated by the following table.

Allocation of grant-maintained and grant-maintained special schools

2

A school which immediately before the appointed day is (within the meaning of the Education Act 1996)—

• (a) a grant-maintained school, or

• (b) a grant-maintained special school,

shall become on that day a school of the category to which it is to be allocated in accordance with the following paragraphs of this Schedule.

Indicative allocation of schools within paragraph 2

3

For the purposes of this Schedule the indicative allocation of a school within paragraph 2 is shown in the following table.

Preliminary decision by governing body as to new category

4

• (1) The governing body of a school within paragraph 2 shall in the first instance take a decision (their “preliminary decision”) on the question whether—

• (a) to accept the school’s allocation to a particular category in accordance with its indicative allocation, or

• (b) to opt for it to be allocated to a different category.

• (2) Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their preliminary decisions under sub-paragraph (1).

• (3) Regulations under sub-paragraph (2) may, in particular, make provision—

• (a) as to the consultation to be carried out by governing bodies before taking their preliminary decisions;

• (b) as to the time by which governing bodies are to take such decisions;

• (c) as to the notification of such decisions to prescribed persons;

• (d) as to the provision of prescribed information to prescribed persons;

• (e) authorising governing bodies to charge a fee (not exceeding the cost of supply) for prescribed documents supplied by them in pursuance of regulations made by virtue of paragraph (d);

• (f) requiring the holding of ballots of registered parents in prescribed cases;

• (g) enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot void and require the holding of a fresh ballot;

• (h) as to the conduct of ballots held under the regulations;

• (i) specifying criteria for determining, for the purposes of the regulations and this Schedule, the result of any such ballot.

Final decision by governing body as to new category

5

• (1) Where—

• (a) the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

• (b) the result of a ballot held by virtue of that paragraph does not accord with that decision,

the governing body shall reconsider the question set out in that sub-paragraph, having regard to the result of the ballot, and shall then take a further decision on that question.

• (2) Where—

• (a) the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

• (b) either—

• (i) a ballot was held by virtue of that paragraph whose result (if any) was not to disagree with that decision, or

• (ii) no such ballot was required to be held,

the governing body shall take a further decision confirming their preliminary decision.

• (3) Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their final decisions (including, in particular, provision as to the time by which governing bodies are to take such decisions).

• (4) In this Schedule any reference to a governing body’s “final decision” is a reference to any such further decision as is required by sub-paragraph (1) or (2).

Notification of final decision

6

• (1) Once the governing body of a school within paragraph 2 have taken their final decision, they shall give written notification of that decision to the Secretary of State.

• (2) Regulations may make provision—

• (a) requiring governing bodies—

• (i) when giving such notifications, to certify such matters as may be specified in the regulations, and

• (ii) to provide such information to such persons as may be so specified;

• (b) as to the time by which such notifications are to be given or such information is to be provided.

Final determination of new category

7

• (1) If—

• (a) the final decision of the governing body of a school within paragraph 2 accorded with the school’s indicative allocation, and

• (b) either—

• (i) a ballot was held by virtue of paragraph 4 whose result (if any) was not to disagree with that allocation, or

• (ii) no such ballot was required to be held,

the school shall be allocated to the category provided for by its indicative allocation.

• (2) If in the case of a school within paragraph 2—

• (a) the final decision of the governing body, or

• (b) the result of a ballot held by virtue of paragraph 4,

did not accord with the school’s indicative allocation, the school shall be allocated to such category (whether or not that provided for by its indicative allocation) as the Secretary of State may determine in conformity with regulations under paragraph 8.

• (3) The Secretary of State shall notify the governing body of each school within paragraph 2 of the category to which it is allocated in accordance with this paragraph.

Restrictions on decisions as to categories

8

Regulations may make provision for prohibiting a school of any description specified in the regulations—

• (a) from being allocated under paragraph 7 to a category so specified; or

• (b) from being so allocated unless such conditions are satisfied as are so specified.

Transitional arrangements: schools within paragraph 2

9

• (1) Where the category to which a school within paragraph 2 is to be allocated has not been finally determined, in accordance with the preceding paragraphs of this Schedule, by the appointed day, the school shall be taken to be allocated on that day to the category provided for by its indicative allocation.

• (2) Sub-paragraph (1) does not prevent such a school from being subsequently allocated to a different category in accordance with paragraph 7.

• (3) Where such a school is subsequently so allocated, section 20(2)(a) shall apply to it as if it had been allocated to the category in question on the appointed day.

Transitional arrangements: general

10

• (1) Regulations may make such provision as the Secretary of State considers appropriate in connection with the allocation to the new categories of maintained schools of schools—

• (a) to which paragraph 9(1) applies; or

• (b) whose school opening date falls on or after the date of the passing of this Act; or

• (c) in relation to which a duty to implement proposals to discontinue the school has arisen, or a notice to discontinue the school has been given; or

• (d) in relation to which a notice has been given under section 272 of the Education Act 1996 (school unsuitable to continue as grant-maintained school) which contains such a statement as is mentioned in subsection (3) or (5)(b) of that section.

• (2) Regulations under sub-paragraph (1) may provide that any provision of the Education Acts shall apply to any such school with such modifications as are specified in the regulations.

Effect of allocation

11

The allocation of a school to a particular category under this Schedule shall not be taken as authorising or requiring any change as from the appointed day in the character of the school conducted by its governing body (including, in particular, any religious character of the school).

SCHEDULE 3

Part I — Foundation, voluntary controlled and foundation special schools

Obligations of governing bodies

1

• (1) The governing body of a foundation, voluntary controlled or foundation special school are (in accordance with section 22(4)) not responsible for any of the expenses of maintaining the school.

• (2) Sub-paragraph (1) does not apply to the repayment of the principal of, or interest on, a loan made to the governing body.

Obligations of local authorities as regards provision of sites and buildings (otherwise than in connection with statutory proposals)

2

• (1) In the case of a foundation, voluntary controlled or foundation special school, the local authority shall provide—

• (a) any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site), and

• (b) any buildings which are to form part of the school premises.

• (2) Sub-paragraph (1) does not—

• (a) apply in relation to the provision of any site or buildings which—

• (i) in the case of a school in England, the authority or the person by whom any proposals were made are required to provide by virtue of Part 3 of Schedule 2 to the Education and Inspections Act 2006 (provision of premises in connection with proposals for establishment of school) or by virtue of regulations under section 24 of that Act (implementation of proposals for alteration of school), or

• (ii) in the case of a school in Wales, the authority or the person by whom proposals were made is required to provide by virtue of Part 2 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (provision of premises and other assistance); or

• (b) require the local authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

• (3) Where a site is provided for a school under this paragraph, the local authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—

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

• (b) if the school has no trustees, to the school’s foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

• (4) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

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

• (6) Where—

• (a) a transfer is made under this paragraph, and

• (b) the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,

those persons shall notify the local authority that paragraph (b) applies to them and they or their successors shall pay to the local authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.

• (7) In sub-paragraph (6)(b) the reference to proceeds of the sale of other premises includes a reference to—

• (a) consideration for the creation or disposition of any kind of interest in other premises, including rent; and

• (b) interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (6) regard shall be had to any guidance given from time to time by the Secretary of State.

• (8) Any sum paid under sub-paragraph (6) shall be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

• (9) A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—

• (a) the determination is made by the Secretary of State, and

• (b) he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

• (10) Sub-paragraph (6) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (6)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to that sum.

• (11) In this paragraph—

• “the relevant purposes” means—in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts, andin relation to a transfer to a school’s governing body, the purposes of the school;

• “site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Part II — Voluntary aided schools

Interpretation of Part

2A

In this Part of this Schedule “promoters”, in relation to a school in England, means persons who are for the purposes of Schedule 2 to the Education and Inspections Act 2006 the proposers in relation to proposals for the establishment of the school.

Obligations of governing bodies

3

• (1) In the case of a voluntary aided school, the governing body of the school are responsible for meeting all capital expenditure in relation to the school premises subject to sub-paragraph (2) below.

• (2) The duty in sub-paragraph (1) does not extend—

• (a) to capital expenditure in relation to playing fields or any building or other structure erected thereon in connection with the use of playing fields, but does extend to capital expenditure in relation to boundary walls and fences;

• (b) to capital expenditure necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the local authority, for purposes other than those of the school;

• (c) to capital expenditure on the provision of any new site which the local authority is to provide by virtue of paragraph 4 of this Schedule.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligations of local authorities as regards provision of sites (otherwise than in connection with statutory proposals)

4

• (1) In the case of a voluntary aided school, the local authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).

• (2) Sub-paragraph (1) does not—

• (a) apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of any enactment; or

• (b) require the local authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

• (3) Where a site is provided for a school under this paragraph, the local authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—

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

• (b) if the school has no trustees, to the school’s foundation body to be held by that body for the relevant purposes.

• (4) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

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

• (6) Where—

• (a) a site is provided for a school under this paragraph, and

• (b) work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,

the local authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.

• (7) Where—

• (a) a site is provided for a school under this paragraph, and

• (b) there are buildings on the site which are of value for the purposes of the school,

the local authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the school premises.

• (8) Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.

• (9) In this paragraph—

• “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts;

• “site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Grants by Secretary of State in respect of expenditure on premises or equipment

5

• (1) The Secretary of State may make grants—

• (a) to the governing body of a voluntary aided school in respect of capital expenditure incurred or to be incurred by them; or

• (b) to a relevant body in the case of such a school, in respect of capital expenditure incurred or to be incurred by that body on behalf of the governing body.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The amount of any grant paid under this paragraph in respect of any such expenditure—

• (a) shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, and

• (b) in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations.

• (4) The times at which, and the manner in which, payments are made in respect of a grant under this paragraph shall be such as may be determined from time to time by the Secretary of State.

• (5) Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this paragraph to make grants in respect of expenditure on school premises, give priority to paying grants in respect of expenditure which is necessary to make such alterations as may be required by the local authority for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the Education Act 1996 or as may be required for the purpose of securing that the school premises conform to standards specified by or under any other enactment relating to health and safety; and the amount of any grant paid in the exercise of that power in respect of such expenditure on school premises shall be at least 90 per cent of the expenditure.

• (6) Any body to whom any payment is made in respect of a grant under this paragraph shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

• (7) Such requirements—

• (a) may be imposed on, or at any time after, the making of any payment by reference to which they are imposed, and

• (b) may at any time be waived, removed or varied by the Secretary of State;

but such requirements may be imposed after the making of any such payment only if the Secretary of State is satisfied that in all the circumstances it is reasonable for them to be so imposed.

• (8) Such requirements may, in particular, if any conditions specified in the requirements are satisfied—

• (a) require the application for purposes connected with the provision of education in appropriate schools of—

• (i) any premises or equipment in respect of which the grant has been paid under this paragraph, or

• (ii) an amount equal to so much of the value of any such premises or equipment as is determined in accordance with the requirements to be properly attributable to the payment of the grant; and

• (b) in the event that that requirement is not complied with, require the payment to the Secretary of State of the whole or any part of the following amount.

• (9) That amount is—

• (a) the amount of the payments made in respect of the grant under this paragraph, or

• (b) the amount mentioned in sub-paragraph (8)(a)(ii),

whichever the Secretary of State determines to be just.

• (10) When deciding whether to make any grant to a body under this paragraph in circumstances where he considers that it would be appropriate to impose requirements falling within sub-paragraph (8), the Secretary of State may have regard to whether, if such requirements were imposed, that body would have an enforceable right against some other person to be given by that person such financial assistance as would be necessary to enable them to pay to the Secretary of State the amount mentioned in sub-paragraph (9).

• (11) No grant may be paid under this paragraph in respect of any expenses incurred in the provision of any premises which it is the duty of the local authority to provide.

• (12) In this paragraph—

• “appropriate schools”—in relation to a voluntary aided school having a religious character, means schools which are either foundation or voluntary schools and whose specified religion or religious denomination under section 69(4) is the same as that school’s, andin relation to any other voluntary aided school, means maintained schools;

• “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants by Secretary of State in respect of preliminary expenditure

6

• (1) The Secretary of State may pay grants—

• (a) to the governing body of a voluntary aided school in respect of preliminary expenditure incurred or to be incurred by them for the purposes of any scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises, or

• (b) to a relevant body in the case of such a school, in respect of any preliminary expenditure incurred or to be incurred by them, on behalf of the governing body, for the purposes of any such scheme.

• (2) Where any persons propose or are considering whether to propose the establishment of a voluntary aided school, the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred or to be incurred by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be used for the purposes of the school.

• (3) Grants under sub-paragraph (1) or (2) may be paid in respect of a scheme such as is mentioned in that sub-paragraph whether or not—

• (a) the details of such a scheme had been formulated at the time when the expenditure was incurred,

• (b) where such details were not formulated at that time, they are subsequently formulated,

• (c) the governing body or persons in question had determined to proceed with such a scheme at that time, or

• (d) where they had not determined to proceed with such a scheme at that time, they subsequently determine to proceed with such a scheme.

• (4) Expenditure in respect of which such grants are payable includes, in particular, costs incurred in connection with—

• (a) the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be used for the purposes of the school, and

• (b) estimating the sums which would be expended if any such works were carried out,

but does not include any sums expended in carrying out any such works.

• (5) A grant under sub-paragraph (1) or (2) shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, in respect of which it is paid.

• (6) Where—

• (a) a grant is paid under sub-paragraph (1) in the case of any voluntary aided school, or