School Standards and Framework Act 1998

• (a) dispose of any land falling within sub-paragraph (4ZB), or

• (b) wish to use any such land for purposes not connected with the provision of education in maintained schools or Academies,

paragraph A13 shall apply to them.

• (6) Where the school is in Wales and the trustees of the school—

• (a) dispose of any land falling within paragraph 3(1) or (2) but not within paragraph 2A(1)(a), (aa), (b) or (c), or

• (b) wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph 3 shall apply to them.

• (7) In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.

Discontinuance of foundation or voluntary school by notice given by its governing body: land and premises

6

• (1) This paragraph applies where the governing body of a foundation or voluntary school apply for the appropriate authority's consent to serve a notice under section 30(1) or section 80 of the School Standards and Organisation (Wales) Act 2013.

• (2) If the appropriate authority gives such consent, the appropriate authority may impose any requirements in relation to the governing body or, where the school is a member of the group for which a foundation body acts, the foundation body that the appropriate authority thinks just—

• (a) in respect of the repayment of all or part of any expenditure incurred by the appropriate authority as mentioned in section 30(2) or section 80(2) of the School Standards and Organisation (Wales) Act 2013;

• (b) in respect of the transfer to the local authority of any premises used for the purposes of the school which the appropriate authority is satisfied the local authority will need for any purpose connected with education;

• (c) (where any premises are to be so transferred) in respect of the payment by the local authority of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

• (d) (where any premises used for the purposes of the school are not to be so transferred) in respect of the payment by the governing body or the foundation body, as the case may be, to the local authority of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

• (3) In sub-paragraph (2) “at public expense” means at the expense of—

• (a) the Funding Agency for Schools, or

• (b) any local authority or an authority within section 30(2)(d).

• (3A) Where the school is in England and the trustees of the school—

• (a) dispose of any land falling within paragraph A13(1), (2) or (3), or

• (b) wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph A13 shall apply to them.

• (4) Where the school is in Wales and the trustees of the school—

• (a) dispose of any land falling within paragraph 3(1) or (2), or

• (b) wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph 3 shall apply to them.

Disposal of property held by governing body of maintained school on their dissolution

7

• (1) This paragraph applies in connection with the dissolution of the governing body of a maintained school by virtue of paragraph 5 of Schedule 1 to the Education Act 2002 other than a dissolution by virtue of paragraph 5(2)(a)(iv) of that Schedule (dissolution following Academy order).

• (2) Where a governing body are so dissolved—

• (a) all land or other property of the governing body which is used or held for the purposes of the school, and

• (b) all rights and liabilities (including rights and liabilities in relation to staff) of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school,

shall on the date of dissolution be transferred to, and by virtue of this Act vest in—

• (i) the local authority, or

• (ii) one or more of the persons or bodies mentioned in sub-paragraph (2A), if the appropriate authority so directs before the date of dissolution.

• (2A) The persons and bodies are—

• (a) the governing body of a maintained school;

• (b) the temporary governing body of a new school;

• (c) in the case of the dissolution of a governing body of a maintained school in England, a person concerned with the running of an Academy.

• (3) Sub-paragraph (2) does not apply to—

• (a) any land or other property for which provision has been made for transfer or payment under paragraph 5(4) or 6(2),

• (b) any property of whatever nature which is held by the governing body on trust for the purposes of the school, or

• (c) unless the appropriate authority otherwise directs by order made before the date of dissolution, any liabilities of the governing body in respect of any loan made to the governing body.

• (4) Subject to sub-paragraph (5), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property on trust for purposes connected with the provision of education in maintained schools.

• (5) Sub-paragraph (4) does not apply to any land or other property so held by the governing body of a foundation, voluntary or foundation special school where any other persons also hold any property on trust for the purposes of the school; and any such land or other property shall on the date of dissolution be transferred to, and by virtue of this Act vest in, those persons.

• (6) If any doubt or dispute arises as to the persons to whom any land or other property within sub-paragraph (5) falls to be transferred under that sub-paragraph, it shall be treated as falling to be so transferred to such persons as the appropriate authority thinks proper.

Notice by trustees terminating foundation or voluntary school’s occupation of existing site

8

• (1) This paragraph applies where trustees have given a notice falling within section 30(10) or section 80(11) of the School Standards and Organisation (Wales) Act 2013 which is effective to terminate a foundation or voluntary school’s occupation of any land (“the relevant premises”).

• (2) If any expenditure has been incurred on the relevant premises as mentioned in section 30(2)(a) to (d) or section 80(2) of the School Standards and Organisation (Wales) Act 2013, the appropriate authority may impose any requirements that the appropriate authority thinks just—

• (a) in respect of the repayment by the trustees of all or part of any such expenditure which was incurred by the appropriate authority;

• (b) in respect of the transfer by the trustees to the local authority of the whole or part of the relevant premises where the appropriate authority is satisfied the local authority will need them for any purpose connected with education;

• (c) (to the extent that the relevant premises are to be so transferred) in respect of the payment by the local authority to the trustees of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

• (d) (to the extent that the relevant premises are not to be so transferred) in respect of the payment by the trustees to the local authority of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

• (3) In sub-paragraph (2) “at public expense” means at the expense of—

• (a) the Funding Agency for Schools, or

• (b) any local authority or an authority within section 30(2)(d).

Part 2A — Maintained school: transfer of land from trustee to governing body

8A

• (1) This paragraph applies where the trustee of one or more foundation or foundation special schools to which section 23A (requirements as to foundations) applies is a body corporate.

• (2) Where—

• (a) the body corporate has under any enactment passed a resolution for its winding up,

• (b) a court has made an order for the winding up of the body corporate,

• (c) the body corporate has been removed under section 34 of the Charities Act 2011 from the register of charities kept under section 29 of that Act, or

• (d) prescribed conditions relating to the ability of the body corporate to pay its debts or to its continued existence as a body corporate or as a charity are met,

the Secretary of State may make an order under this paragraph.

• (3) Conditions may be prescribed under sub-paragraph (2)(d) by reference to the opinion of the Secretary of State as to any prescribed matter.

• (4) An order under this paragraph is an order directing that any land falling within paragraph A13(1)(b) or (2) held by the body corporate on trust for one or more foundation or foundation special schools to which section 23A applies is to be transferred to, and by virtue of the order vest in—

• (a) the governing body of the school, or

• (b) where the land is held on trust for two or more schools, such of the governing bodies of the schools as the Secretary of State thinks proper.

• (5) In a case where—

• (a) proposals to establish a new foundation or foundation special school fall to be implemented under Schedule 2 to the Education and Inspections Act 2006, and

• (b) the local authority have before the school opening date transferred land to be held on trust for the school,

references in this paragraph to a foundation or foundation special school include references to a proposed such school, references to a governing body include references to a proposed governing body and for the purpose of sub-paragraph (1) section 23A is to be taken to apply to the proposed school if it would apply to the school when it is established.

• (6) In this paragraph—

• ...

• “foundation” means a foundation established otherwise than under this Act.

Part III — General

9

• (1) Where a transfer under paragraph A5, A11, A17, A23, 1(3)(a), 2(3)(a), 4(2), 5(4)(a) or (c), 6(2)(b) , 8(2)(b) or 8A of this Schedule relates to registered land, it shall be the duty of the transferor—

• (a) to execute any such instrument under the Land Registration Act 2002,

• (b) to deliver any such certificate under that Act, and

• (c) to do such other things under that Act,

as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.

• (2) Paragraphs 6 to 8 of Schedule 10 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers under paragraph 7 of this Schedule as they apply in relation to transfers to which that Schedule applies.

10

• (1) In this Schedule—

• (a) “the trustees”, in relation to a school, means any person (other than the governing body) holding property on trust for the purposes of the school;

• (b) “disposal” includes—

• (i) a compulsory disposal; and

• (ii) in the case of any premises held under a tenancy to which Part II of the Landlord and Tenant Act 1954 (“the 1954 Act”) applies, the termination of that tenancy under that Part of that Act;

• (c) references to “proceeds of disposal”, in relation to a disposal of land, are references to—

• (i) any consideration for the disposal, including rent;

• (ii) any compensation for the disposal, including any compensation paid by the landlord on the quitting of any premises within paragraph (b)(ii) by the governing body, foundation body or trustees (whether or not the compensation is required to be paid by section 37 of the 1954 Act (compensation where order for new tenancy precluded on certain grounds)); and

• (iii) interest which has accrued in respect of any such consideration or compensation;

• (d) “new school” has the meaning given by section 72(3).

• (e) “the appropriate authority” means—

• (i) in relation to a school in England, the Secretary of State, and

• (ii) in relation to a school in Wales, the Assembly.

• (f) “regulated alteration” has the same meaning as in Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013.

• (2) In paragraphs (b)(ii) and (c)(ii) of sub-paragraph (1) expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.

• (3) In paragraphs A1(1), A13(1), (2) or (3)(a), A24 to A26, 1(1), 3(1) and 4(3) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day—

• (a) to any land being acquired in a particular way, or

• (b) to any grant being provided in a particular way,

are references to the land being acquired in that way by, or (as the case may be) to the grant being provided in that way to, the governing body or trustees of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.

• (4) In paragraphs A1(1), A13(1), 1(1) and 3(1) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day, to any expenditure being incurred for the purposes of the school are references to such expenditure being incurred for the purposes of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.

• (5) In paragraphs A1(1) and 1(1) references, in relation to the governing body of a foundation, voluntary or foundation special school, to any land being acquired in a particular way include references to the land being acquired in that way by the temporary governing body for the school.

PART IV — DISPOSAL OF LAND OF A VOLUNTARY AIDED SCHOOL BY THE LOCAL AUTHORITY

11

• (1) In this paragraph—

• (a) subject to sub-paragraph (7), “capital expenditure” means expenditure of the governing body in question which falls to be capitalised in accordance with proper accounting practices;

• (b) “commencement date” means the date on which the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 comes into force;

• (c) “relevant body” means—

• (i) the governing body of a voluntary aided school; or

• (ii) if the school has been discontinued and the governing body dissolved, the trustees;

• (d) “relevant land” means—

• (i) any caretaker’s dwelling; or

• (ii) other buildings which are not school buildings;

which form part of the premises of a voluntary aided school.

• (2) This paragraph applies to any disposal by the local authority of relevant land enhanced in value wholly or partly by means of capital expenditure incurred by the governing body after the commencement date.

• (3) But this paragraph shall not apply unless the relevant body gives to the local authority no later than 12 months after the expenditure is incurred a statement—

• (a) setting out the amount of expenditure; and

• (b) stating that it is capital expenditure.

• (4) Where this paragraph applies, the local authority shall notify the relevant body that the provision applies to them and they shall pay to the relevant body so much of the proceeds of disposal as may be determined to be just —

• (a) by agreement between the authority and the relevant body, or

• (b) by the adjudicator where—

• (i) the authority or the relevant body refer the matter to him for determination, and

• (ii) by the time of his determination, the matter has not been determined by agreement between the authority and the relevant body.

• (4A) In determining whether to make a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must have regard, in particular, to any guidance given from time to time by the Secretary of State.

• (4B) Before making a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must give the other notice of their intention to make the reference.

• (5) In making the determination under sub-paragraph (4), the relevant body and the local authority, or the adjudicator, as the case may be, shall have regard in particular to any guidance given from time to time by the Secretary of State and to any enhancement in value of the relevant land attributable to expenditure by or on behalf of the governing body.

• (5A) A determination made by the adjudicator on a reference made to him under sub-paragraph (4)(b) may be varied or revoked by a further determination made by him if—

• (a) the matter is referred to him by the local authority or the relevant body, and

• (b) before making the further determination, the adjudicator consults such persons as he considers appropriate.

• (5B) In determining whether to make a reference to the adjudicator under sub-paragraph (5A)(a), the local authority or the relevant body must have regard, in particular, to any guidance given from time to time by the Secretary of State.

• (5C) Sub-paragraph (5) applies in relation to the further determination of any matter by the adjudicator, by virtue of sub-paragraph (5A), as it applies in relation to the original determination of the matter.

• (6) If the local authority permit relevant land to be used for purposes not connected with the school—

• (a) they shall be treated for the purposes of this paragraph as having disposed of the land; and

• (b) sub-paragraph (4) shall have effect as if the reference to proceeds of disposal were a reference to the value of the land.

• (7) The Secretary of State may—

• (a) by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of any governing body or of any prescribed class or description of governing body;

• (b) by direction provide that expenditure of a particular governing body which is expenditure of a particular class or description is to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of that body.

• (8) Directions under sub-paragraph (7)(b) may be expressed to have effect in specified circumstances or subject to specified conditions.

12

• (1) For the purposes of paragraph 11(1)(a), “proper accounting practices”, in relation to a governing body, means those accounting practices—

• (a) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the governing body, or

• (b) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local authority.

• (2) In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

SCHEDULE 23

Part I — Determination of standard numbers

Standard numbers for admission to maintained schools

1

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

Standard numbers on establishment or alteration of school

2

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

Part II — Variation of standard numbers: England

Application of Part II

3

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

Variation of standard numbers

4

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

Procedure for application to vary standard number

5

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

Decision on application to vary standard number

6

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

Part III — Variation of standard numbers: Wales

Application of Part III

7

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

Variation of standard numbers

8

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

Procedure for application to vary standard number

9

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

Decision on application to vary standard number

10

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

Part IV — Review of standard numbers

11

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

SCHEDULE 24

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

SCHEDULE 25

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

SCHEDULE 26

Introductory

1

• (1) In this Schedule “relevant nursery education” means—

• (za) nursery education provided in a maintained school in Wales or a maintained nursery school in Wales;

• (a) nursery education not falling within paragraph (za) which is provided by a local authority in Wales;

• (b) nursery education which is provided by any other person 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); or

• (b) nursery education which is provided by any other person under arrangements made with that person by a local authority in Wales in pursuance of the duty imposed on the authority by section 118 and in consideration of financial assistance provided by the authority under the arrangements.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In this Schedule “nursery education under consideration for funding” means nursery education provided by a person to whom a local authority in Wales are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a). with whom a local authority in Wales are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements.

• (3) Where—

• (a) any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and

• (b) that education is provided by a person—

• (i) who proposes to provide nursery education at those premises, and

• (ii) to whom a local authority in Wales are considering giving financial assistance in the event of his providing that nursery education, and

• (iii) whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),

this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding.

• (3) Where—

• (a) any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and

• (b) that education is provided by a person—

• (i) who proposes to provide nursery education at those premises for children who have attained the prescribed age, and

• (ii) with whom a local authority in Wales are considering making arrangements of the kind mentioned in sub-paragraph (2),

the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.

2

• (1) In this Schedule—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) “the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and

• (c) “the Chief Inspector” (without more) means the Chief Inspector for Wales.

• (2) In this Schedule references to registered Welsh nursery education inspectors are to persons registered under paragraph 8.

• (3) In this Schedule “members of the Welsh Inspectorate” means—

• (a) the Chief Inspector for Wales,

• (b) Her Majesty's Inspectors of Education and Training in Wales, and

• (c) additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.

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

• (5) In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004.

General functions of the Chief Inspector

3

• (1) The Chief Inspector has the general duty of keeping the Assembly informed about—

• (a) the quality and standards of relevant nursery education,

• (aa) how far relevant nursery education meets the needs of the range of children for whom it is provided,

• (ab) the quality of leadership and management in connection with the provision of relevant nursery education,

• (ac) the contribution of relevant nursery education to the well-being of the children for whom it is provided, ...

• (ad) the development of children for whom relevant nursery education is provided, by reference to the four purposes of a curriculum for those children, and

• (b) the spiritual, moral, social and cultural development of children for whom relevant nursery education is provided.

• (2) In sub-paragraph (1), the four purposes of a curriculum for the children mentioned in paragraph (ad) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.

4

When asked to do so by the Assembly, the Chief Inspector shall give advice to the Assembly on such matters relating to relevant nursery education as may be specified in the Assembly's request.

5

The Chief Inspector may at any time give advice to the Assembly on any matter connected with—

• (a) relevant nursery education generally, or

• (b) relevant nursery education, or nursery education under consideration for funding, provided at particular premises.

...

6

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

Inspections in England

6A

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

Inspections in Wales

6B

• (1) The Chief Inspector for Wales—

• (a) shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed,

• (b) shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and

• (c) may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected.

• (2) Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies.

• (3) The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections.

• (4) A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises.

Reports of inspections under paragraph ... 6B

7

A person conducting an inspection under paragraph ... 6B shall report on—

• (a) the quality and standards of the nursery education provided,

• (b) how far that nursery education meets the needs of the range of children for whom the education is provided,

• (c) the quality of leadership and management in connection with the provision of the nursery education,

• (d) the contribution made by that nursery education to the well-being of those children, and

• (e) so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.

Registration of nursery education inspectors for Wales

8

• (1) ... Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru shall establish and maintain a register of nursery education inspectors for Wales.

• (2) The Chief Inspector for Wales—

• (a) shall give guidance to registered Welsh nursery education inspectors and such other persons as he considers appropriate in connection with inspections under paragraph 6B and the making of reports of such inspections, and

• (b) shall keep under review the system of inspections under paragraph 6B and, in particular, the standard of such inspections and of the reports made of them.

• (3) The Chief Inspector for Wales shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph (5B), it appears to him that the person—

• (a) is a fit and proper person for discharging the functions of a registered Welsh nursery education inspector, and

• (b) will be capable of conducting inspections under paragraph 6B competently and effectively and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph.

• (4) Subject to that, the Chief Inspector for Wales shall register such persons as he considers appropriate.

• (5) The factors which the Chief Inspector for Wales 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 ... Wales.

• (5A) The Chief Inspector for Wales 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 for Wales considers it appropriate to impose.

• (6) Conditions imposed under sub-paragraph (5B) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.

• (7) Where a person is registered subject to conditions imposed under sub-paragraph (5B), he shall be taken to be authorised to act as a registered Welsh nursery education inspector only so far as those conditions permit.

• (8) The period for which any registration is to have effect shall be determined by the Chief Inspector for Wales and shall be entered in the register kept by him.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

• (1) If the Chief Inspector for Wales is satisfied that any of the conditions mentioned in sub-paragraph (2) is satisfied with respect to a nursery education inspector registered in his register, he may remove the name of that inspector from that register.

• (2) The conditions are that—

• (a) he is no longer a fit and proper person for discharging the functions of a registered Welsh nursery education inspector under paragraph 6B,

• (b) he is no longer capable of conducting inspections under that paragraph competently and effectively,

• (c) there has been a significant failure on his part to comply with any condition imposed under paragraph 8(5B) subject to which his registration has effect,

• (d) he has, without reasonable explanation, produced a report of an inspection under paragraph 6B which is, in whole or in part, seriously misleading.

• (3) The Chief Inspector for Wales may vary any condition subject to which the registration of an inspector has effect, or vary the registration of an inspector by imposing a condition subject to which it will have effect, if he is satisfied—

• (a) that he is authorised by sub-paragraph (1) to remove the name of the inspector from his register, or

• (b) that it would otherwise be in the public interest for him to do so.

• (4) References in this Schedule to a condition imposed under paragraph 8(5B) include a condition imposed under sub-paragraph (3).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

• (1) Any person who is aggrieved by—

• (a) the refusal of the Chief Inspector for Wales to renew his registration under paragraph 8,

• (b) the imposition or variation of any condition subject to which he is registered under that paragraph, or

• (c) the removal of his name from the register under paragraph 9,

may appeal against the Chief Inspector’s decision.

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

• (2) An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.

• (3) No decision against which an appeal may be made under sub-paragraph (1) shall have effect until—

• (a) any appeal against it which is duly made is disposed of, or

• (b) the period within which an appeal may be made expires without an appeal being made.

• (4) Sub-paragraph (3) shall not apply where the Chief Inspector for Wales—

• (a) is satisfied that the circumstances of the case justify the decision in question taking effect immediately or earlier than would otherwise be the case, and

• (b) notifies the person concerned to that effect.

• (5) On determining any appeal under this paragraph, the tribunal may—

• (a) confirm, reverse or vary the decision appealed against, or

• (b) remit the case to the Chief Inspector for Wales with directions as to the action to be taken by him.

Training of registered Welsh nursery education inspectors

11

• (1) A registered Welsh nursery education inspector shall not conduct an inspection under paragraph 6 unless he has, in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector for Wales.

• (2) Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for Wales.

• (3) Where the Chief Inspector for Wales provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.

Impartiality

12

A person shall not undertake an inspection under paragraph 6B of nursery education provided by a person at any premises, or accompany a person undertaking such an inspection, if he has, or has at any time had, any connection with—

• (a) the person by whom the education is provided (or, where it is provided by a body, any member of the body), or

• (b) any person employed by that person (whether or not at the premises),

of a kind which might reasonably be taken to raise doubts about his ability to act impartially.

Reports of inspections

13

• (1) Where a person has conducted an inspection under paragraph 6 he shall make his report in writing to the Chief Inspector within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector may consider necessary.

• (2) Once the report of an inspection has been made to the Chief Inspector under sub-paragraph (1) he shall without delay send a copy of it to such authorities and persons as may be prescribed.

• (3) Section 42A(2) and (3) 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).

Reports of inspections: England

13A

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

Reports of inspections: Wales

13B

• (1) Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary.

• (2) Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed.

• (3) Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons.

• (4) Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.

Annual reports of the Chief Inspector

14

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

• (2) The annual report of the Chief Inspector for Wales required by subsection (1)(a) of section 21 of the Education Act 2005 to be made to the National Assembly for Wales shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by subsection (1)(b) of that section to make other reports to the Assembly includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.

Reserve powers of the Chief Inspector

15

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

16

If the Chief Inspector elects in the case of an inspection within paragraph (b) or (c) of sub-paragraph (1) of paragraph ... 6B that the inspection shall be treated as if it were an inspection within paragraph (a) of that sub-paragraph, the inspection shall be so treated.

17

Where an inspection in Wales is being conducted by a registered Welsh nursery education inspector under paragraph 6B, the Chief Inspector for Wales may arrange for the inspection to be monitored by one or more members of the Welsh Inspectorate.

Rights of entry

18

• (1) This paragraph applies to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a member of the Inspectorate monitoring such an inspection under paragraph 17.

This paragraph applies to—

• (a) the Chief Inspector for England when conducting an inspection under paragraph 6A,

• (b) a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or

• (c) a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.

• (2) A person to whom this paragraph applies shall have at all reasonable times—

• (a) a right of entry to the premises at which the relevant nursery education concerned is provided; and

• (b) a right to inspect, and take copies of—

• (i) any records kept by the person providing that education, and

• (ii) any other documents containing information relating to the provision of that education,

which he requires for the purposes of conducting or (as the case may be) monitoring the inspection.

• (3) Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.

• (4) It shall be an offence wilfully to obstruct a member of the Inspectorate or a registered nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6.

It shall be an offence—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.

• (5) Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (6) In this paragraph “documents” and “records” each include information recorded in any form.

SCHEDULE 27

SCHEDULE 28

Part I — School inspections

Introductory

1

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

Persons who may be registered inspectors

2

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

Decisions of Chief Inspector having immediate effect

3

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

Enrolment of persons to act as team members

4

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

Replacement of inspectors

5

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

Part II

SCHEDULE 29

Introductory

1

In this Schedule “the 1988 Act” means the Education Reform Act 1988.

General provisions as to transfers

2

• (1) Section 198 of the 1988 Act (transfers under Parts I and II of that Act) shall be amended as follows.

• (2) For subsections (1) to (4) substitute—

(1) This section applies to any transfer under any of the following provisions, namely— (a) section 126 or 130 of this Act, (b) Schedule 21 to the School Standards and Framework Act 1998 (“the 1998 Act”), or (c) any regulations made— (i) under section 21(5) or (9) of that Act, or (ii) under paragraph 10 of Schedule 2 or paragraph 5 of Schedule 8 to that Act; and those provisions, so far as relating to transfers under them, shall in each case have effect subject to Schedule 10 to this Act. (1A) However, nothing in— (a) the provisions of that Schedule other than paragraph 2(4), or (b) subsection (3) below, applies in relation to any transfer agreement falling to be made under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act. (2) Schedule 10 to this Act has effect for the purpose of— (a) dividing and apportioning property, rights and liabilities which fall to be transferred under any transfer to which this section applies by a transferor authority or body where that property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or other educational institution; (b) excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer; (c) providing for identifying and defining the property, rights and liabilities which fall to be transferred under a transfer to which this section applies; and (d) making supplementary and consequential provisions in relation to such transfers. (3) In carrying out the functions conferred or imposed on them by that Schedule— (a) the Education Transfer Council— (i) shall, subject to subsection (4) below, not act on behalf of the transferor, the transferee or any other interested person, but (ii) shall seek to ensure that all such persons’ interests are protected; and (b) it shall be the duty of the Council, so far as it is reasonably practicable for them to do so, to secure that each transfer to which this section applies is, so far as possible, fully effective on the date on which it takes effect under this Act or under or by virtue of the 1998 Act. (4) Where the transferor under any such transfer is a local authority and in accordance with that Schedule anything falls to be or may be done by the Council for the purposes of or in connection with that transfer— (a) it may not be done by the transferee; and (b) in doing it the Council shall be regarded as acting on behalf and in the name of the transferee; and in a case where the transferee is a body corporate established under this Act or the 1998 Act paragraph (b) above applies both in relation to things done before and in relation to things done after that body is established under this Act or the 1998 Act.

• (3) For “the Board”, wherever occurring in subsections (5) and (6) of section 198, there is substituted (in accordance with section 136(2) of this Act) “the Council”.

Division and apportionment of property etc.

3

For paragraph 1 of Schedule 10 to the 1988 Act (supplementary provisions with respect to transfers) substitute—

(1) (1) Any property, rights and liabilities of a transferor authority held or used or subsisting— (a) for the purposes of more than one relevant institution; or (b) partly for the purposes of one or more relevant institutions and partly for other purposes of the transferor authority; shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor authority and the transferee or transferees, in such proportions as may be appropriate. (2) Any property, rights or liabilities of a transferor body shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor body and the transferee or transferees, in such proportions as may be appropriate. (3) Where any estate or interest in land falls to be divided in accordance with either sub-paragraph (1) or sub-paragraph (2) above— (a) any rent payable under a lease in respect of that estate or interest; and (b) any rent charged on that estate or interest; shall be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest. (4) Any such property, right or liability as is mentioned in sub-paragraph (1) or (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee (or to one or other of the transferees) or retained by the transferor authority or body according to— (a) in the case of an estate or interest in land, whether on the transfer date the transferor authority or body or the transferee (or one or other of the transferees) appears to be in greater need of the security afforded by that estate or interest or, where none of them appears to be in greater need of that security, which of them appears on that date to be likely to make use of the land to the greater extent; or (b) in the case of any other property or any right or liability, which of them appears on the transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent; subject (in either case) to such arrangements for the protection of the other person or persons concerned as may be agreed between the transferor authority or body and the relevant person or determined by the Secretary of State under paragraph 3 below. (5) In this paragraph— (a) “relevant institution” means— (i) any institution which a body corporate is established under this Act to conduct; (ii) any institution to which section 130 of this Act applies; and (iii) any maintained school; (b) “the relevant person” means— (i) in a case where the transferor is a transferor authority, the Education Transfer Council; (ii) in a case where the transferor is a transferor body, the transferee; (c) references to a transferor authority are references to a local authority who are the transferor for the purposes of any transfer to which this Schedule applies; (d) references to a transferor body are references to any foundation body who are the transferor for the purposes of any transfer to which this Schedule applies; and for the purposes of this sub-paragraph references to a maintained school or a foundation body have the same meaning as in the School Standards and Framework Act 1998.

Identification of property, rights and liabilities

4

For paragraph 2 of Schedule 10 to the 1988 Act substitute—

(2) (1) It shall be the duty of the transferor and the relevant person, whether before or after the transfer date, so far as practicable to arrive at such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor or for making any such arrangements as are mentioned in paragraph 1(4) above and as will— (a) afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and (b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarifications and modifications of the effect of the provision of this Act or of the 1998 Act (or any regulations made under it) under which the transfer is required on the property, rights and liabilities of the transferor as will best serve the proper discharge of the respective functions of the transferor and the transferee. (2) Any such agreement shall provide so far as it is expedient— (a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not; (b) for the granting of indemnities in connection with the severance of leases and other matters; (c) for responsibility for registration of any matter in any description of statutory register. (3) Except in a case where the transferor is a local authority, the Education Transfer Council shall— (a) assist the transferor, the transferee and any other interested person in identifying or defining the property, rights and liabilities transferred to the transferee or retained by the transferor; (b) advise such persons as to the terms of any agreement or instrument falling to be made under sub-paragraph (1) above; (c) assist such persons to negotiate any such agreement or instrument and mediate in any such negotiations; (d) prepare drafts of any such agreement or instrument; and (e) assist the parties in executing and giving effect to any such agreement or instrument. (4) If and to the extent that they are requested to do so by any person falling to make a transfer agreement under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act, the Education Transfer Council shall exercise any one or more functions falling within sub-paragraph (3) above in relation to such an agreement, or an instrument made pursuant to such an agreement, as if it were an agreement or instrument falling to be made under sub-paragraph (1) above. (5) Any transfer of any estate or interest in land under this paragraph or under paragraph 1 above (whether by virtue of an agreement or instrument entered into before or after the transfer date) shall be regarded as having taken place on the transfer date. (6) In this paragraph— - “the 1998 Act” means the School Standards and Framework Act 1998; and - “the relevant person” means— 1. in a case where the transferor is a local authority, the Education Transfer Council; 2. in a case where the transferor is not a local authority, the transferee.

Resolution of disputes

5

For paragraph 3 of Schedule 10 to the 1988 Act substitute—

(3) (1) The Education Transfer Council shall notify the Secretary of State if it appears to them that it is unlikely in the case of any matter on which agreement is required to be reached under paragraph 2(1) above that such an agreement will be reached. (2) Where the Secretary of State has received a notification from the Council under sub-paragraph (1) above, he may, whether before or after the transfer date, give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1) above. (3) Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee on the transfer date. (4) The Secretary of State shall consult the transferor, the transferee and any other interested person before giving a direction under this paragraph. (5) The Education Transfer Council shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this paragraph.

Proof of title by certificate

6

In paragraph 5 of Schedule 10 to the 1988 Act, for “or of the Education Act 1996” substitute “ or of the School Standards and Framework Act 1998 ”.

Construction of agreements etc.

7

In paragraph 7 of Schedule 10 to the 1988 Act, for “or of the Education Act 1996”, in both places, substitute “ or of the School Standards and Framework Act 1998 ”.

Third parties affected by vesting provisions

8

In paragraph 9 of Schedule 10 to the 1988 Act—

• (a) in sub-paragraph (6)(a), after “Board” insert “ or (as the case may be) the transferee ”;

• (b) in sub-paragraph (6)(b), for “or of the Education Act 1996” substitute “ or of the School Standards and Framework Act 1998 (or any regulations made under it) ”; and

• (c) in sub-paragraph (9), after “Board” insert “ or (as the case may be) the transferee ”.

Delivery of documents to transferee

9

In paragraph 10 of Schedule 10 to the 1988 Act, after “transfer” insert “ under which the transferor is a local authority ”.

Amendment of references to Education Assets Board

10

For “the Education Assets Board” or “the Board”, wherever occurring in Schedule 10 to the 1988 Act, there is substituted (in accordance with section 136(2) of this Act) “ the Education Transfer Council ” or “ the Council ” respectively.

SCHEDULE 30

Children and Young Persons Act 1933 (c.12)

1

In section 1(7) of the Children and Young Persons Act 1933 (saving for right of parents etc. to administer corporal punishment), for “teacher, or other person” substitute “ or (subject to section 548 of the Education Act 1996) any other person, ”.

Local Authorities (Goods and Services) Act 1970 (c.39)

2

• (1) Subject to sub-paragraph (2), in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include any Education Action Forum established in an education action zone.

• (2) The provision in sub-paragraph (1) shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).

• (3) An order under section 1(5) may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to an Education Action Forum specified in the order.

Local Government Act 1972 (c.70)

3

• (1) Section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176) shall be amended as follows.

• (2) In subsection (1), omit the words from the beginning to “committees),”.

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

Local Government Act 1974 (c.7)

4

• (1) The Local Government Act 1974 shall be amended as follows.

• (2) For section 25(5) (authorities subject to investigation by Local Commissioner) substitute—

(5) Any reference to an authority to which this Part of this Act applies also includes a reference to— (a) a school organisation committee constituted in accordance with section 24 of the School Standards and Framework Act 1998, (b) an exclusion appeals panel constituted in accordance with Schedule 18 to that Act, (c) an admission appeals panel constituted in accordance with Schedule 24 or paragraph 3 of Schedule 25 to that Act, and (d) the governing body of any community, foundation or voluntary school so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act.

Sex Discrimination Act 1975 (c.65)

5

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

6

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

Race Relations Act 1976 (c.74)

7

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

National Health Service Act 1977 (c.49)

8

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

Representation of the People Act 1983 (c.2)

9

The Representation of the People Act 1983 shall be amended as follows.

10

In section 95(2)(a) (schools and rooms for parliamentary election meetings), for “county schools voluntary schools and grant-maintained schools” substitute “ community, foundation and voluntary schools ”.

11

In section 96(2)(a) (schools and rooms for local election meetings), for “county voluntary or grant-maintained school” substitute “ community, foundation or voluntary school ”.

12

In Schedule 5 (use for parliamentary election meetings of rooms in school premises and meeting rooms), in paragraph 1(1), for “a grant-maintained school” substitute “ a foundation or voluntary aided school ”.

Local Government Act 1986 (c.10)

13

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

Education (No. 2) Act 1986 (c.61)

14

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

Local Government Act 1988 (c.9)

15

In Schedule 1 to the Local Government Act 1988 (defined activities open to competition), in paragraph 8(5), for the words from “county or” to “education authority;” substitute “ community, foundation or voluntary schools or community or foundation special schools; ”.

Education Reform Act 1988 (c.40)

16

The Education Reform Act 1988 shall be amended as follows.

17

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

18

In section 221(1)(b) (avoidance of certain contractual terms), for “an aided or grant-maintained school;” substitute “ a foundation, voluntary aided or foundation special school; ”.

19

In section 226(4) (services to schools in member States providing education to British children), for the words from “any county” to the end substitute “ any community, foundation or voluntary school. ”

20

In Schedule 8 (provisions relating to the body to be known as the Education Transfer Council)—

• (a) omit paragraph 6(3); and

• (b) in paragraph 8—

• (i) in sub-paragraph (4), omit “given with the consent of the Treasury”; and

• (ii) in sub-paragraph (7), for “Treasury” substitute “ Secretary of State ”.

Children Act 1989 (c.41)

21

In Schedule 9 to the Children Act 1989 (child minding and day care for young children), in paragraph 3(3), for the definitions of “assisted” and “maintained” substitute—

“assisted” has the same meaning as in the Education Act 1996; “maintained” has the same meaning as in the School Standards and Framework Act 1998; and

.

Local Government and Housing Act 1989 (c.42)

22

In section 13(5) of the Local Government and Housing Act 1989 (voting rights of certain members of committees)—

• (a) after “is required” insert “ either ”; and

• (b) at the end insert “ or pursuant to regulations under subsection (6) of that section. ”

Environmental Protection Act 1990 (c.43)

23

In section 98(2) of the Environmental Protection Act 1990 (definitions), for paragraphs (f) and (g) substitute—

(f) any community, foundation or voluntary school; (g) any community or foundation special school.

School Teachers’ Pay and Conditions Act 1991 (c.49)

24

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

25

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

26

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

27

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

28

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

...

29

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

30

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

31

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

32

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

Further and Higher Education Act 1992 (c.13)

33

The Further and Higher Education Act 1992 shall be amended as follows.

34

In section 5(4) (administration of funds by councils), for “grant-maintained school” substitute “ maintained school ”.

35

In section 21 (initial instruments and articles)—

• (a) in subsection (1), omit—

• (i) paragraph (a), and

• (ii) “(b) in any other case,”;

• (b) in subsection (2), omit—

• (i) “orders and”,

• (ii) in paragraph (a), “grant-maintained school or other”, and

• (iii) in paragraph (b), “grant-maintained schools or other”; and

• (c) in subsection (3), for the words from “a grant-maintained” to “earlier enactment)” substitute “ a maintained school, the governing body incorporated under Chapter III of Part II of the School Standards and Framework Act 1998 ”.

36

For section 25 substitute—

(25) (1) This section applies where a further education corporation is established to conduct an institution which, on the date the corporation is established, is a foundation or voluntary school belonging to the group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998. (2) Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the transfer, in any such case, of property, rights and liabilities from the foundation body to the further education corporation. (3) Regulations under subsection (2) may, in relation to any such transfer of property, rights or liabilities— (a) modify any provision made by or under any of sections 23, 24, 36 and 38 of this Act and Schedule 5 to this Act; (b) apply any such provision with or without modifications; (c) make provision corresponding or similar to any such provision. (4) In this section “foundation body” and “group of schools” have the same meaning as in the School Standards and Framework Act 1998.

37

In section 26 (transfer of staff to further education corporation)—

• (a) in subsection (1), omit “or was a grant-maintained school”; and

• (b) in subsection (6)—

• (i) for “that authority” substitute “ references to that authority, and ”, and

• (ii) for paragraphs (b) and (c) substitute—

(b) in relation to a corporation established to conduct an institution which, on that date, was a foundation or voluntary aided school, references to the governing body of that school.

38

In section 28(2)(a) (designation of institutions as eligible for funds) after “school” insert “ (other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998) ”.

39

In section 32 (transfer of property, etc., to designated institutions), after subsection (2) insert—

(2A) In the case of an institution which when designated was a voluntary aided school, on the designation date— (a) all land and other property which, immediately before that date, was property of the governing body of the school incorporated under Chapter III of Part II of the School Standards and Framework Act 1998, and (b) all rights and liabilities of that body subsisting immediately before that date, shall be transferred to and, by virtue of this Act, vest in the governing body of the designated institution; and the governing body of the school shall be dissolved on that date.

40

In section 37 (attribution of surpluses and deficits)—

• (a) in subsection (1), for “section 103 of the Education Act 1996 (schemes for financing schools)” substitute “ section 48 of the School Standards and Framework Act 1998 (LEAs’ financial schemes) ”; and

• (b) in subsection (7), in the definition of “budget share”, for “Part II of the Education Act 1996” substitute “ Part II of the School Standards and Framework Act 1998 ”.

41

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

42

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

43

In section 47(2) (transfer of higher education institutions to further education sector) for the words from “any provision” to the end substitute “ provision as to the initial name of the corporation as a further education corporation. ”

44

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

45

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

46

In section 90 (interpretation)—

• (a) after subsection (3) insert—

(3A) In this Act references to a voluntary aided school are— (a) in relation to any time before the appointed day within the meaning of the School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or (b) in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act.

; and

• (b) in subsection (5), at end insert “ and section 140(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned. ”

Tribunals and Inquiries Act 1992 (c.53)

47

In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which that Act applies)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph (d), for “(c. 38)” substitute “ (c. 57) ”.

Charities Act 1993 (c.10)

48

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

49

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

Welsh Language Act 1993 (c.38)

50

In section 6(1) of the Welsh Language Act 1993 (meaning of “public body”), for paragraph (l) substitute—

(l) the governing body of a community, foundation or voluntary school or a community or foundation special school (within the meaning of the School Standards and Framework Act 1998);

.

Value Added Tax Act 1994 (c.23)

51

In Schedule 9 to the Value Added Tax Act 1994 (exemptions), in paragraph (a) of Note (1) to Group 6 (education)—

• (a) in sub-paragraph (iii), for the words from “a county” to “Education Act 1996” substitute “ a community, foundation or voluntary school within the meaning of the School Standards and Framework Act 1998, a special school within the meaning of section 337 of the Education Act 1996 ”; and

• (b) omit sub-paragraphs (v) and (vii).

Education Act 1994 (c.30)

52

The Education Act 1994 shall be amended as follows.

53

In section 11A (general duty of Secretary of State with respect to training), omit “grant-maintained schools,”.

54

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

Employment Rights Act 1996 (c.18)

55

In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools), for the words from “an aided school” to “1996” substitute “ a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the local education authority under section 55(5) of the School Standards and Framework Act 1998 ”.

Nursery Education and Grant-Maintained Schools Act 1996 (c.50)

56

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

Education Act 1996 (c.56)

57

The Education Act 1996 shall be amended as follows.

58

In section 1(2) (the stages of education), omit paragraph (b) and the “and” preceding it.

59

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

60

In section 6(2) (nursery schools and special schools), for the words from “and” onwards substitute “ and (in the case of a school which is not maintained by a local education authority) is for the time being approved, as mentioned in section 337. ”

61

In section 9 (pupils to be educated in accordance with parents’ wishes), for the words from “State,” to “funding authorities” substitute “ State and local education authorities ”.

62

In section 14 (functions of local authorities in respect of provision of primary and secondary schools), omit subsection (5).

63

After section 15 insert—

(15A) (1) A local education authority may secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas. (2) Subsections (6) and (7) of section 14 shall apply in relation to functions under this section as they apply in relation to functions under that section.

64

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

65

In section 17(2) (powers in respect of nursery education), for “establish, maintain and assist” substitute “ establish and maintain ”.

66

Omit sections 20 to 28 (the funding authorities).

67

In section 29 (provision of information by local authorities)—

• (a) omit subsection (2), and

• (b) in subsection (3), omit the words “and the funding authority”.

68

Omit section 30 (provision of information by funding authorities).

69

Part II (schools maintained by local authorities) shall be omitted.

70

Part III (grant-maintained schools) shall be omitted.

71

In section 312 (definitions for purposes of Part IV)—

• (a) in subsection (4)(a) omit “or grant-maintained schools in their area”; and

• (b) in subsection (5) for the definition of “maintained school” substitute—

“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.

72

In section 313(1) (code of practice on special educational needs), for “maintained or grant-maintained schools, or grant-maintained special schools,” substitute “ maintained schools ”.

73

In section 315(2) (review of arrangements for special educational provision), for the words from “the funding” onwards substitute “ the governing bodies of community, foundation and voluntary and community and foundation special schools in their area. ”

74

• (1) Section 317 (duties of governing body or local authority in relation to pupils with special educational needs) shall be amended as follows.

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

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

• (4) In subsection (3)—

• (a) in paragraph (a)—

• (i) for “county, voluntary and grant-maintained schools” substitute “ community, foundation and voluntary schools ”, and

• (ii) omit “, the funding authority”; ...

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

• (5) In subsection (4), for “a county, voluntary or grant-maintained school” substitute “ a community, foundation or voluntary school ”.

• (6) In subsection (5), for “each county, voluntary, maintained special or grant-maintained school” substitute “ each community, foundation or voluntary or community or foundation special school ”.

• (7) In subsection (6), for “each county, voluntary or grant-maintained school” substitute “ each community, foundation or voluntary school ”.

• (8) In subsection (7), for the words from “the articles” onwards substitute “ section 42 of the School Standards and Framework Act 1998. ”

75

• (1) Section 318 (provision of goods and services in connection with special educational needs) shall be amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “county, voluntary or grant-maintained schools” substitute “ community, foundation or voluntary schools ”, and

• (b) in paragraph (b), for “maintained or grant-maintained special schools” substitute “ community or foundation special schools ”.

• (3) In subsection (2), for the words from “this section” to “in any other area” substitute “ this section to the governing bodies of community, foundation or voluntary schools or community or foundation special schools in any other area ”.

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

76

In section 321(3) (general duty of local authority towards children for whom they are responsible)—

• (a) in paragraph (a), for the words from “maintained” onwards substitute “ maintained school ”, and

• (b) for paragraph (b) substitute—

(b) education is provided for him at a school which is not a maintained school but is so provided at the expense of the authority,

.

77

In section 324 (statement of special educational needs)—

• (a) in subsection (5)(b), for “maintained, grant-maintained or grant-maintained special school” substitute “ maintained school ”; and

• (b) after subsection (5) insert—

(5A) Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998.

78

In section 327 (access for local authority to certain schools), for subsection (b) substitute—

(b) in pursuance of the statement education is provided for the child at a school maintained by another local education authority.

79

Omit section 330 (assessment of education needs at request of governing body of grant-maintained school).

80

For section 337 substitute—

(337) (1) A school is a special school if it is specially organised to make special educational provision for pupils with special educational needs. (2) There are the following categories of special school— (a) special schools maintained by local education authorities, comprising— (i) community special schools, and (ii) foundation special schools; and (b) special schools which are not so maintained but are for the time being approved by the Secretary of State under section 342.

81

Omit sections 338 to 341 (establishment of maintained and grant-maintained special schools).

82

For section 342 substitute—

(342) (1) The Secretary of State may approve under this section any school which— (a) is specially organised to make special educational provision for pupils with special educational needs, and (b) is not a community or foundation special school, and may give his approval before or after the school is established. (2) Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above. (3) Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section. (4) Regulations may make provision as to— (a) the requirements which are to be complied with by a school while approved under this section, and (b) the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement. (5) Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements— (a) which call for arrangements to be approved by the Secretary of State, or (b) as to the organisation of any special school as a primary school or as a secondary school. (6) Regulations shall make provision for securing that, so far as practicable, every pupil attending a special school approved under this section— (a) receives religious education and attends religious worship, or (b) is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.

83

Omit sections 343 to 346 (government etc. of special schools).

84

In section 348 (provision of special education at non-maintained schools), for subsection (3) substitute—

(3) In this section “maintained school” means a school maintained by a local education authority.

85

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

86

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

87

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

88

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

89

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

90

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

91

Omit sections 370 to 374 (functions of local authority etc. in relation to curriculum).

92

Omit sections 376 to 389 (religious education and worship).

93

In section 390 (constitution of advisory councils), for subsection (2) substitute—

(2) The council shall consist of such groups of persons appointed by the authority as representative members (“representative groups”) as are required by subsection (4).

94

• (1) Section 391 (functions of advisory councils) shall be amended as follows.

• (2) In subsection (1), for paragraph (a) substitute—

(a) to advise the local education authority on such matters connected with— (i) religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and (ii) the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act, as the authority may refer to the council or as the council may see fit, and

.

• (3) Omit subsections (8) and (9).

95

In section 392 (advisory councils: supplementary provisions), omit subsection (4).

96

Omit section 393 (duty to constitute new standing advisory council).

97

• (1) Section 394 (determination of cases in which requirement for Christian worship is not to apply) shall be amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “county school” substitute “ community school ”;

• (b) for paragraph (b) substitute—

(b) any foundation school which has not been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character,

; and

• (c) for “section 386(2)” substitute “ paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship) ”.

• (3) In subsection (4), for “section 387” substitute “ paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship) ”.

• (4) In subsection (8), for “a school which becomes a grant-maintained school” substitute “ a community school which becomes a foundation school (by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998) ”.

98

In section 395(1) (review of determinations under section 394), for “section 386(2)” substitute “ paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 ”.

99

In section 396(1) (power of Secretary of State to direct council to revoke determination or discharge duty), for “section 386(2)” substitute “ paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 ”.

100

In section 399 (determination of question whether religious education in accordance with trust deed), for “a voluntary or grant-maintained school” substitute “ a foundation or voluntary school ”.

101

In section 402(6) (obligation to enter pupils for public examinations), for “a maintained special school” substitute “ a community or foundation special school ”.

102

In section 403(2) (sex education: manner of provision), for “a maintained special school” substitute “ a community or foundation special school ”.

103

In section 404 (sex education: statements of policy)—

• (a) in subsection (2), for “a maintained special school” substitute “ a community or foundation special school ”; and

• (b) omit subsection (3).

104

In section 406(3) (political indoctrination), for “a maintained special school” substitute “ a community or foundation special school ”.

105

In section 407(2) (duty to secure balanced treatment of political issues), for “a maintained special school” substitute “ a community or foundation special school ”.

106

In section 408 (provision of information)—

• (a) omit subsection (1)(b);

• (b) in subsection (2)(d), for “pupils at such categories of school” substitute “ such classes or descriptions of pupils ”;

• (c) omit subsection (3); and

• (d) in subsection (4)—

• (i) omit paragraphs (b) and (c); and

• (ii) in paragraph (d), for “389” substitute “ 390 ”.

107

In section 409 (complaints and enforcement: maintained schools)—

• (a) in subsection (1), for “of aided schools and of special agreement schools,” substitute “ of foundation and voluntary aided schools, ”;

• (b) in subsection (2), for the words from “any county” to “special school” substitute “ any community, foundation or voluntary school maintained by the authority or any community or foundation special school ”;

• (c) in subsection (3)(b), omit “other than grant-maintained schools”; and

• (d) for the sidenote substitute “ Complaints and enforcement: maintained schools. ”

108

For the cross-heading “SCHOOL ADMISSIONS” preceding section 411 substitute— “ ADMISSION, REGISTRATION AND WITHDRAWAL OF PUPILS ”.

109

Omit sections 411 to 432 (admission of pupils: general).

110

Omit section 433(4) (time for admission of pupils: admission for nursery education).

111

In section 434(4)(c) (registration of pupils: returns)—

• (a) at the end of sub-paragraph (i) insert “ and ”; and

• (b) omit sub-paragraph (ii).

112

Omit section 436 (effect of admission for nursery education).

113

In section 437 (school attendance orders)—

• (a) in each of subsections (5) and (6), omit “or grant-maintained”; and

• (b) in subsection (8), for the definition of “maintained school” substitute—

“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; and

.

114

In section 438 (choice of school: child without statement of special educational needs)—

• (a) for subsection (4)(a) substitute—

(a) within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local education authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and

;