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School Standards and Framework Act 1998

Type Public General Act

Publication 1998-07-24

Last updated 2026-04-21

State In force

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(b) for subsection (5) substitute—

(5) If— (a) within the period mentioned in subsection (3), the parent applies to the local education authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local education authority, and (b) the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, that school shall be named in the order.

; and

115

(1) Section 439 (specification of schools in notices under section 438(2)) shall be amended as follows.

(2) In subsection (2), for the words from “fixed” to “as the number” substitute “ fixed in accordance with section 93 of the School Standards and Framework Act 1998 (fixing admission numbers) as the number ”.

(3) In subsections (3), (5) and (6), omit “or grant-maintained” wherever occurring.

(4) After subsection (4) insert—

(4A) A local education authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.

116

In section 440 (amendment of order at request of parent: child without statement of special educational needs)—

(a) in subsection (2)(a), omit “or grant-maintained school”;

(b) in subsection (3), for paragraphs (a) and (b) substitute—

(a) the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a local education authority and which is different from the school named in the order, (b) the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, and

; and

117

In section 444(4)(b) (offence: failure to secure regular attendance at school of registered pupil), omit the words “or the funding authority”.

118

Omit section 448 (exemption where child becomes five during term).

119

For section 449 and the cross-headings preceding it substitute—

(449) In this Chapter “maintained school” means any school maintained by a local education authority.

120

In section 451 (prohibition of charges for provision of education)—

(a) in subsection (1), omit “Subject to subsection (5)”,

(b) in subsection (3)(b), for the words from “or 384” onwards substitute “ (implementation of National Curriculum) or section 69 of the School Standards and Framework Act 1998 (duty to secure due provision of religious education). ”,

(d) omit subsection (5).

121

In section 456(1) (regulation of permitted charges), omit the words from “, other than” to “section 231(8)”.

122

In section 457 (charges and remissions policies)—

(a) in subsection (1), omit the words from “This subsection” onwards; and

(b) in subsection (3), omit “other than a grant-maintained school”.

123

In section 458 (charges for board and lodging at boarding schools)—

(a) in subsection (1)—

(i) for the words from “pupil concerned” to “charges” substitute “ pupil concerned, to the local education authority, charges ”, and

(ii) omit “or governing body”;

(b) in subsection (2)—

(i) omit paragraph (a), and

(ii) in paragraph (b), for “for his area” substitute “ for that pupil’s area ”;

(d) in subsection (4)(b), omit “or to the governing body of a grant-maintained school”.

124

In section 463 (meaning of “independent school”)—

(a) at the end of paragraph (b) insert “ or ”; and

(b) omit paragraph (c) and the “or” preceding it.

125

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126

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127

In section 490(1) (grants in respect of special provision for ethnic minorities), omit paragraph (a).

128

For section 494 substitute—

(494) (1) Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local education authority (“the old authority”) and, in the financial year in which the exclusion first takes effect, he is subsequently provided with education by another local education authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school. (2) The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that financial year, such amount, if any, as is payable in accordance with regulations. (3) Where a pupil is permanently excluded from any school maintained by a local education authority and, in the financial year in which the exclusion first takes effect, the following events subsequently occur— (a) he is first provided by another local education authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and (b) at any time afterwards he is provided with education by a local education authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school, then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively. (4) Any dispute as to whether any local education authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State. (5) Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section.

129

In section 496 (power of Secretary of State to prevent unreasonable use of functions), in subsection (2)—

(a) at the end of paragraph (a) insert “ and ”; and

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

(b) the governing body of any community, foundation or voluntary school or any community or foundation special school.

130

In section 497 (general default powers of the Secretary of State), in subsection (2)—

(a) at the end of paragraph (a) insert “ and ”; and

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

(b) the governing body of any community, foundation or voluntary school or any community or foundation special school.

131

In section 498 (powers of Secretary of State where no properly constituted governing body), for subsection (2) substitute—

(2) This section applies to any community, foundation or voluntary school or any community or foundation special school.

132

Omit sections 500 to 505 (rationalisation of school places).

31

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134

In section 510 (provision of clothing)—

(a) in subsection (1)(a) and (c), omit “or at a grant-maintained school” wherever occurring;

(b) in subsection (3)(a), omit “or a grant-maintained school”;

(d) in subsection (5)(a), omit “grant-maintained school or”.

135

In section 514 (provision of board and lodging otherwise than at school), in subsection (1)(a), for the words from “particular” onwards substitute “ particular community, foundation or voluntary or community or foundation special school, but ”.

136

In section 515(2) (provision of teaching services for day nurseries), for “voluntary school” substitute “ foundation or voluntary school ”.

137

Omit section 516 (supply by local authority of goods and services to grant-maintained schools).

138

Omit section 517 (payment of fees at schools not maintained by a local authority).

139

(1) Section 519 (allowances for governors, etc.) shall be amended as follows.

(2) In subsection (1), for the words from “travelling” to “section 115);” substitute

such allowances as may be prescribed to governors of— (a) any community, foundation or voluntary school or community or foundation special school which does not have a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998);

(3) In subsection (3), for “travelling and subsistence allowances” substitute “ such allowances as may be prescribed ”.

(4) After subsection (6) add—

(7) Regulations may impose a limit on the amount which may be paid by way of any allowance under this section.

140

Omit section 520(3) (medical inspection and treatment of pupils: grant-maintained schools excluded).

141

In section 521 (examination of pupils for cleanliness), in subsection (4), omit paragraph (b) and the “and” preceding it.

142

In section 524 (removal of pupil at direction of medical officer)—

(a) in subsection (1), for “excluded” substitute “ suspended ”;

(b) omit subsection (3)(b) and the “or” preceding it; and

143

In section 525 (offence of neglecting the cleanliness of a pupil), in subsection (3), omit “or a grant-maintained school”.

144

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145

In section 529 (power to accept gifts on trust for educational purposes)—

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

(b) in subsection (3) for “a county school” substitute “ a community school ”.

146

In section 530 (compulsory purchase of land)—

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

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

147

In section 531(2) (acquisition of land by agreement) for “voluntary school” substitute “ foundation, voluntary or foundation special school ”.

148

In section 533 (duties of governing bodies of maintained schools with respect to provision of school meals etc.)—

(a) in subsection (2), for “a voluntary” substitute “ any such ”; and

(b) in subsection (3), after “Part II” insert “ of the School Standards and Framework Act 1998 ”.

149

Omit section 534 (duties of governing bodies of grant-maintained schools with respect to school meals).

150

In section 535(1) (provision of teaching services for day nurseries), for “a county or voluntary primary school” substitute “ a community, foundation or voluntary primary school ”.

151

Omit section 536 (medical inspection and treatment of pupils at grant-maintained schools).

152

In section 537 (power of Secretary of State to require information from governing bodies etc.)—

(a) for subsection (1) substitute—

(1) The Secretary of State may by regulations make provision requiring— (a) the governing body of every school which is— (i) maintained by a local education authority, or (ii) a special school which is not maintained by such an authority, and (b) the proprietor of every independent school, to provide such information about the school as may be prescribed.

; and

(b) in subsection (7)(a), omit “or which is a grant-maintained school”.

153

For section 537A substitute—

(537A) (1) Regulations may make provision requiring— (a) the governing body of every school which is— (i) maintained by a local education authority, or (ii) a special school which is not maintained by such an authority, and (b) the proprietor of every independent school, to provide to the relevant person such individual pupil information as may be prescribed. (2) In subsection (1) “the relevant person” means one or more of the following— (a) the Secretary of State, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information— (a) to him, or (b) to any prescribed person. (4) The Secretary of State may provide any individual pupil information— (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator— (a) may provide any individual pupil information— (i) to the Secretary of State, (ii) to any other information collator, or (iii) to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and (b) may, at such times as the Secretary of State may determine, provide such individual pupil information as may be prescribed— (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual pupil information (other than the Secretary of State or an information collator) may provide that information to— (a) the Secretary of State, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State. (9) In this section— - “individual pupil information” means information relating to and identifying individual pupils or former pupils at any school within subsection (1), whether obtained under subsection (1) or otherwise; - “information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to pupils.

154

In section 538 (provision of information to Secretary of State by governing bodies of maintained schools), for “a county, voluntary or maintained special school” substitute “ a community, foundation or voluntary school or a community or foundation special school ”.

155

Omit section 539 (provision of information by governing body of grant-maintained schools).

156

In section 540 (distribution of information about schools providing a secondary education), for subsection (2) substitute—

(2) In this section “school” means— (a) any community, foundation or voluntary school, or (b) any community or foundation special school (which is not established in a hospital).

157

In section 541 (distribution of information about further education institutions), for subsection (4) substitute—

(4) In this section “school” means— (a) any community, foundation or voluntary school, or (b) any community or foundation special school (which is not established in a hospital).

158

In section 542 (prescribed standards for school premises)—

(a) in subsection (1), omit “and of grant-maintained schools”;

(b) omit subsection (3); and

159

In section 543 (relaxation of prescribed standards in special cases)—

(a) in subsection (1), for “or (4)” substitute “ , (4) or (4A) ”; and

(b) after subsection (4) insert—

(4A) This subsection applies, in relation to any playing fields used by the school for the purposes of the school, if the Secretary of State is satisfied that, having regard to other facilities for physical education available to the school, it would be unreasonable to require conformity with any prescribed requirement relating to playing fields. In this subsection “playing fields” has the same meaning as in section 77 of the School Standards and Framework Act 1998 (control of disposals or changing use of school playing fields).

160

In section 544 (approval etc. of school premises and boarding houses)—

(a) in subsection (1), omit the words from “(or,” to “authority)”; and

(b) in subsection (3)—

(i) at the end of paragraph (a) insert “ and ”, and

(ii) omit paragraph (b).

161

In section 545(2) (exemption from building byelaws of approved buildings), omit paragraph (b) and the “or” preceding it.

162

In section 546(2) (control of potentially harmful materials and apparatus in schools)—

(a) at the end of paragraph (a) insert “ and ”; and

(b) omit paragraph (b).

163

In section 547 (nuisance or disturbance on school premises)—

(a) in subsection (2), omit paragraph (b) and the “or” preceding it;

(b) in each of subsections (4) and (7), for “an aided, special agreement or grant-maintained school” substitute “ a foundation, voluntary aided or foundation special school ”; and

(c) in each of subsections (5) and (8), for “a voluntary or grant-maintained school” substitute “ a foundation, voluntary or foundation special school ”.

164

Omit sections 549 and 550 (provisions about corporal punishment).

165

In section 550B(2) (detention), as inserted by section 5 of the Education Act 1997, omit “(b) a grant-maintained or grant-maintained special school;”.

166

In section 551(2) (regulations as to duration of school day etc.)—

(a) at the end of paragraph (a) insert “ and ”; and

(b) omit paragraph (b).

167

Omit section 552 (transitional exemption orders for purposes of Sex Discrimination Act 1975).

168

(1) Section 554 (power to make new provision as to use of endowments) shall be amended as follows.

(2) For subsection (1) substitute—

(1) This section applies where— (a) in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or (b) in relation to any time on or after the appointed day— (i) the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or (ii) in the opinion of the Secretary of State it is likely such premises will cease to be so used; and in this subsection “the appointed day” has the meaning given by section 20(7) of the School Standards and Framework Act 1998.

(3) In subsection (3)—

(a) for paragraph (a) substitute—

(a) that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and

; and

(b) in paragraph (b), for “(or any corresponding earlier enactment)”, substitute “ of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998 ”.

(4) For subsection (4)(b) substitute—

(b) where religious education in accordance with such tenets is shown to have been given to any pupils at— (i) a controlled school (within the meaning of this Act), (ii) a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or (iii) a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998), the religious education shall be taken to have been given to them at the request of their parents, unless the contrary is shown.

169

In section 556(2) (content of orders under section 554)—

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

(b) in paragraph (b), for “voluntary” onwards substitute “ school at the premises referred to in section 554(1). ”

170

In section 557(9) (adoption of statutory trusts), in the definition of “relevant school” for “a voluntary school or a grant-maintained school” substitute “ a foundation or voluntary school ”.

171

In section 559 (power of local authorities to prohibit or restrict employment of children)—

(a) in subsection (1), for “county” substitute “ community, foundation ”; and

(b) in subsection (2), for “county” substitute “ community, foundation ”.

172

In section 563(3) (educational records)—

(a) at the end of paragraph (a) insert “ and ”; and

(b) omit paragraph (b).

173

In section 566(1)(b) (evidence: documents), for “a county or voluntary school” substitute “ a maintained school ”.

174

Omit section 567 (stamp duty).

175

In section 568 (orders)—

(a) for subsection (2) substitute—

(2) For the purposes of subsection (1) “the excepted provisions” are— - section 349; - sections 468, 471(1) and 474; - section 489(3); - section 497; and - section 545.

;

(b) in subsection (3), omit “section 517(6),”; and

176

In section 569 (regulations)—

(a) in subsection (2), for “section 480 or 492 or paragraph 1(4) of Schedule 20,” substitute “ section 492, ”; and

(b) in subsection (3), for “section 480 or 492 or paragraph 1(4) of Schedule 20” substitute “ section 492 ”.

177

In section 570 (revocation and variation of certain orders and directions)—

(a) in subsection (1)—

(i) at the end of paragraph (a) insert “ or ”, and

(ii) omit paragraph (b); and

(b) in subsection (2), omit “, the funding authority”.

178

In section 573 (meaning of expressions relating to alteration etc. of premises or character of schools)—

(a) in subsection (2), omit the words from “and “alterations”” onwards; and

(b) omit subsections (4) to (6).

179

Omit section 575 (meaning of expressions relating to employment).

180

In section 576 (meaning of “parent”)—

(a) in subsection (1), for “the provisions mentioned in subsection (2)” substitute “ section 499(8) ”; and

(b) omit subsection (2).

181

Omit section 577 (minor authorities).

182

In section 578 (meaning of “the Education Acts”), insert at the appropriate place—

183

In section 579 (general interpretation)—

(a) in subsection (1)—

(i) at the appropriate place insert—

“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;

(ii) omit the definitions of “the appropriate further education funding council”, “exclude”, “governing body” (and “governors”), “the local education authority”, “reception class” and “relevant age group”,

(iii) in the definition of “proprietor”, for “a county, voluntary or grant-maintained school,” substitute “ a community, foundation or voluntary or community or foundation special school, ”, and

(iv) for the definition of “trust deed” substitute—

“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;

; and

(b) omit subsection (3).

184

In Schedule 1 (pupil referral units)—

(a) in paragraph 6—

(i) for sub-paragraphs (1) and (2) substitute—

(1) In relation to every pupil referral unit, the local education authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 351(1) (balanced and broadly based curriculum). (2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require— (a) the local education authority, the management committee (where applicable), or the teacher in charge to exercise, or (b) such of them as may be prescribed to collaborate with each other in exercising, such functions in relation to the curriculum as may be prescribed.

, and

(ii) in sub-paragraph (3)(a), for “or under any enactment referred to in sub-paragraph (2)” substitute “ sub-paragraph (1) or (2) ”;

(b) omit paragraphs 12 and 13; and

185

Schedules 2 to 25A shall be omitted.

186

(1) Schedule 27 (making and maintenance of statements under section 324) shall be amended as follows.

(2) In paragraph 3—

(a) in sub-paragraph (1), for “the maintained, grant-maintained or grant-maintained special school” substitute “ the maintained school ”; and

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

(3) In paragraph 8(1)(a), for “a maintained, grant-maintained or grant-maintained special school” substitute “ a maintained school ”.

187

Schedule 28 (government and conduct of grant-maintained special schools) shall be omitted.

188

In Schedule 31 (agreed syllabuses of religious education), omit paragraphs 11 and 15.

189

The following provisions shall be omitted—

(a) Schedule 32 (reduction of standard number for admission of pupils);

(b) Schedule 33 (admission appeals);

(d) Schedule 33B (restrictions on admissions to grant-maintained schools);

(e) in Schedule 37 (consequential amendments), paragraphs 9, 27, 33, 37(a), 41 , 42(4)(b), 75, 82(1)(b) and the “and” preceding it, 82(2)(a), 82(2)(c) and the “and” preceding it, 82(3), 96(2), 97, 102, 103, 104(3), 105 to 108, 110(2) and (3)(a), 122 and 125(c) and (d);

(f) in Schedule 39 (transitional provisions and savings), paragraphs 2(3) and 15; and

(g) Schedule 40 (transitory provisions).

School Inspections Act 1996 (c.57)

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194

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195

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196

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201

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202

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203

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204

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206

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Education Act 1997 (c.44)

207

The Education Act 1997 shall be amended as follows.

208

Omit the following provisions—

(a) sections 2 and 3 (school discipline);

(b) sections 6 to 8 (exclusion of pupils);

209

In section 15 (baseline assessments: interpretation), in the definition of “maintained primary school”, for paragraphs (a) to (c) substitute—

(a) a community, foundation or voluntary school, or (b) a community or foundation special school (other than one established in a hospital),

210

In section 16(5) (adoption of baseline assessment schemes), for “a school which is maintained by a local education authority,” substitute “ a maintained primary school, ”.

211

In section 17 (assessment of pupils)—

(a) in subsection (5), for paragraph (b) substitute—

(b) the local education authority by whom the school is maintained,

; and

(b) in subsection (7)(a), omit the words from “(except” to “school)”.

212

In section 18 (regulations for Chapter I of Part IV)—

(a) in subsection (1)(b), omit the words from “(except” to “school)”; and

(b) in subsection (2)(a), omit the words from “(in” to “school)”.

213

In section 19 (school performance targets), for subsection (3) substitute—

(3) In this section “maintained school” means— (a) a community, foundation or voluntary school, or (b) a community or foundation special school (other than one established in a hospital).

214

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215

In section 29(3) (functions of Qualifications, Curriculum and Assessment Authority for Wales), for the words from “receiving nursery” onwards substitute “ under compulsory school age. ”

216

In section 42 (miscellaneous amendments relating to school inspections), omit the words “and the Nursery Education and Grant-Maintained Schools Act 1996”.

217

In section 43(2) (provision of careers education)—

(a) for paragraph (a) substitute—

(a) community, foundation and voluntary schools;

;

(b) omit paragraph (b); and

(c) community or foundation special schools (other than those established in hospitals);

218

Omit section 50 (recoupment by local authority of costs of teachers’ premature retirement).

219

In section 52 (commencement of compulsory school age), omit subsections (4) and (5).

220

In section 57 (minor and consequential amendments, repeals etc), omit subsections (2) and (3).

221

In section 58(4) (commencement) omit “section 50,”.

222

Omit the following provisions—

(a) Schedules 1 to 3;

(b) in Schedule 6, paragraph 5.

223

In Schedule 7 (minor and consequential amendments), omit paragraphs 15 to 22, 25, 31 to 35, 40 and 45 to 51.

Education (Schools) Act 1997 (c.59)

224

In section 2 of the Education (Schools) Act 1997 (transitional arrangements for existing assisted pupils), after subsection (6) add—

(7) Nothing in subsection (1) shall be taken as prejudicing the operation of any regulations under section 3 by virtue of which assisted places authorised to be provided under that subsection by a former participating school may instead be so provided by another such school or a new school created on the merger of such a school with another school.

Audit Commission Act 1998 (c.18)

225

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SCHEDULE 31

SCHEDULE 32

Part I — Funding

Interpretation

1

In this Part of this Schedule—

“the 1996 Act” means the Education Act 1996;

“the appointed day”, in relation to any provision of this Schedule, means such day as may be appointed for the purposes of that provision by an order made by the Secretary of State.

Continued operation of GMS grants provisions

2

(1) Subject to the provisions of this paragraph, the GMS grants provisions shall continue to have effect on and after the appointed day in relation to—

(a) any payments of maintenance grant under section 244 or 250 of the 1996 Act in respect of any financial year (or part of such a year) beginning before that day; and

(b) any payments of capital or special purpose grants under section 245, 246, 251 or 252 of that Act made before that day.

(2) Regulations may provide—

(a) for any functions of the funding authority under the GMS grants provisions—

(i) to be discharged instead by the Secretary of State as from a date specified in the regulations, or

(ii) to be discharged instead by local authorities as from the appointed day (either subject to obtaining the Secretary of State’s consent or otherwise); and

(b) for any of those provisions to have effect, for any purposes specified in the regulations, with such modifications as are so specified.

(3) Regulations under sub-paragraph (2) shall not authorise a local authority to impose any requirement under section 247(1) of that Act (as it has effect by virtue of sub-paragraph (1)); but the Secretary of State may by order—

(a) impose such a requirement; or

(b) waive or remove such a requirement even though a local authority is by such regulations also authorised to do so.

(4) In this paragraph “the GMS grants provisions” means sections 244 to 254 and 256 to 258 of the 1996 Act and any regulations in force under any of those provisions immediately before the appointed day.

Existing loans

3

(1) Any loan made under section 255 of the 1996 Act (loans to governing bodies) shall not be affected by the repeal of that section by this Act.

(2) Where such a loan was made by the funding authority, any rights or liabilities of the authority in respect of the loan shall become rights or liabilities of the Secretary of State on the appointed day.

Grants by Secretary of State in respect of planned expenditure

4

(1) Regulations may provide for the payment by the Secretary of State of grants to—

(a) the governing bodies of schools to which this paragraph applies, or

(b) local authorities,

in respect of relevant expenditure incurred or to be incurred by them.

(2) Regulations under this paragraph may—

(a) in relation to grants made to the governing bodies of any such schools, make provision corresponding to sub-paragraphs (6) and (7) of paragraph 5 of Schedule 3; and

(b) in relation to grants made to the governing bodies of voluntary aided schools, make in addition provision corresponding to sub-paragraphs (8) to (10) of paragraph 5 of that Schedule.

(3) This paragraph applies to a school if immediately before the appointed day—

(a) the school was a grant-maintained or grant-maintained special school within the meaning of the 1996 Act, or

(b) proposals for the establishment of the school fell to be implemented in accordance with section 215 of that Act.

(4) Each of the following provisions of Schedule 22, namely—

(a) paragraphs A1(1)(f) and 1(1)(d),

(b) paragraphs A7(1)(e) and 2(1)(d), and

shall (subject to sub-paragraph (5) below) apply in relation to any grant made by virtue of this paragraph as if it were such a grant as is mentioned in that provision.

(5) Sub-paragraph (4) does not apply to any grant made by virtue of this paragraph to the governing body of a voluntary aided school.

(6) In this paragraph “relevant expenditure” means such expenditure (being expenditure arising out of an obligation incurred or decision made before the appointed day) as may be prescribed.

Deferment of governing body’s right to delegated budget

5

(1) A maintained school falling within section 49(1) shall not have a delegated budget as from the day on which section 49 comes into force if—

(a) the governing body’s right to a delegated budget has been suspended under section 117 of the Education Act 1996 (suspension of financial delegation for mismanagement etc.) or section 28 of the School Inspections Act 1996 (suspension of right to delegated budget); and

(b) that suspension has not been previously revoked with effect from that or any earlier day.

(2) Such a school shall, however, have a delegated budget as from the day with effect from which that suspension is revoked.

(3) The Secretary of State may by order determine that a relevant school shall not have a delegated budget as from the day on which section 49 comes into force where he considers that it would not be expedient for the school to have such a budget as from that day for reasons connected with—

(a) the financial position, or

(b) the financial management,

of the school.

(4) Where the Secretary of State makes an order under sub-paragraph (3) in relation to a school—

(a) for the purposes of Part II of this Act the right of the governing body to a delegated budget shall be treated as if it had been suspended by the local authority under paragraph 1 of Schedule 15 on the day on which section 49 comes into force;

(b) paragraphs 2 to 4 (but not 3(1)(a)) of that Schedule shall apply to any such suspension; and

(5) Any reference in any of sections 54 to 57 to any suspension of a school’s delegated budget under Schedule 15 includes a reference to—

(a) any suspension of a school’s delegated budget by virtue of sub-paragraph (1); and

(b) (in accordance with sub-paragraph (4)), any such suspension by virtue of sub-paragraph (3).

(6) Where the day on which section 49 comes into force is earlier than the day appointed under section 20(7) any reference in this paragraph to a maintained school is a reference to a school which is (within the meaning of the Education Act 1996)—

(a) a school maintained by a local authority, or

(b) a grant-maintained or grant-maintained special school,

and to which section 49 applies in accordance with regulations under section 144(1).

(7) In this paragraph—

(a) “relevant school” means a maintained school which immediately before the day on which section 49 comes into force was a grant-maintained or grant-maintained special school within the meaning of the Education Act 1996; and

(b) references to a school having a delegated budget or to a governing body’s right to such a budget shall be construed in accordance with section 49(7).

Part II — Other provisions

Limit on class sizes

6

(1) The transitional provision which may be made for the purposes of section 1 by regulations under section 144(1) includes provision with respect to any relevant time—

(a) for disapplying to any extent in relation to existing maintained schools (whether or not subject to compliance with any prescribed requirements) section 411(6), 416(1) or 426(1) of the Education Act 1996 (provisions about admission numbers);

(b) for otherwise modifying any of the provisions (whether statutory provisions or articles of government) which are relevant to the determination or publication of the arrangements—

(i) for the admission of pupils to such schools, or

(ii) for appeals by parents against decisions taken in relation to the admission of pupils to such schools,

or to the procedure relating to such appeals;

(c) for requiring or authorising bodies responsible for determining such arrangements to determine and publish fresh arrangements, subject to such consultation as may be prescribed, where arrangements previously determined (or previously determined and published) by them are to any extent inconsistent with the provisions mentioned in paragraph (b) as they have effect in accordance with the regulations.

(2) Regulations made in pursuance of paragraph (b) of sub-paragraph (1) may, in particular, modify the provisions mentioned in that paragraph so that they apply in relation to existing maintained schools with the addition of provisions whose purposes correspond to those of any of paragraphs 6(5), 10(5) and 11 of Schedule 23 to this Act.

(3) In this paragraph—

“existing maintained school” means—any county or voluntary school, orany grant-maintained school,within the meaning of the Education Act 1996;

“relevant time”, in relation to an existing maintained school, means any time after the coming into force of regulations under section 1 by virtue of which any limit on class sizes is to apply, or be varied, in relation to the school.

School Teachers’ Pay and Conditions Act 1991

7

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

Orders for purposes of section 20(5)

8

The Secretary of State may only make an order under section 20(5) where he considers it appropriate to do so on an application made for the purpose by—

(a) the former maintaining authority (within the meaning of that provision), or

(b) the local authority in whose area the school in question will be situated immediately before the appointed day,

and received by him not later than 30th November 1998.

Notice by trustees to terminate former voluntary school’s occupation of land

9

(1) This paragraph applies where—

(a) at any time before the appointed day, whether before or after the date on which this Act is passed, any trustees (being entitled to do so) have given to the governing body of a former voluntary school a notice which is effective to terminate, on or after that day, the school’s occupation of any land held by the trustees for the purposes of the school; and

(b) the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site.

(2) Paragraph 8(2) of Schedule 22 shall apply in relation to the land to which such a notice relates as it applies in relation to the land to which a notice falling within section 30(10) relates.

(3) Section 30(12) and (13) shall apply, with any necessary modifications, for the purposes of sub-paragraph (1)(b) as they apply for the purposes of section 30(10)(b).

(4) In this paragraph “former voluntary school” means—

(a) any voluntary school, or

(b) any grant-maintained school which was a voluntary school immediately before becoming grant-maintained or was established by promoters,

within the meaning of the Education Act 1996, which on the appointed day becomes a foundation or voluntary school within the meaning of this Act.

Transfer of sites provided under sections 60 and 61 of the Education Act 1996

10

(1) This paragraph applies where—

(a) before the appointed day a site was provided for a school by a local authority under section 60 or 61 of the Education Act 1996 (obligation of local authorities to provide new sites and buildings for voluntary schools); but

(b) no conveyance was made in respect of that site under section 60(2) or (as the case may be) section 61(2) of that Act before that day.

(2) Where the site was provided under section 60 of that Act, sub-paragraphs (3) to (11) (but not (7)(b)) of paragraph 2 of Schedule 3 to this Act shall apply in relation to the provision of that site as if it had been provided under sub-paragraph (1) of that paragraph.

(3) Where the site was provided under section 61 of that Act, sub-paragraphs (3) to (9) of paragraph 4 of Schedule 3 to this Act shall apply in relation to the provision of that site as if it had been provided under sub-paragraph (1) of that paragraph.

Editorial notes

[^c14007871]: Act modified (1.10.1998) (temp.) by S.I. 1998/2248, reg.2

[^c14007881]: Act amended (1.9.1998) by S.I. 1998/1973, reg. 3(6)

[^c14007891]: Certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2(1), Sch.1.

[^c14007901]: Act extended (1.9.1999) by S.I. 1999/704, regs.11, 12, 16, 17, 19.

[^c14007911]: Act excluded (26.5.1999) by S.I. 1999/1287, reg. 5(2).

[^c14007921]: Powers to delegate certain functions restricted (Wales) (1.9.1999) by S.I. 1999/2242, reg. 42(1)-(5)

[^c18086411]: Act: Certain functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 2

[^c14007931]: Act: amendments and repeals are coextensive with the enactments affected, see s. 145(8).

[^c14007941]: S. 1 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8. S. 1 applied (with modifications) (1.9.1999) by S.I 1999/2800, reg. 7, Sch. paras. 1, 2-8.

[^c14007961]: S. 3 modified (1.9.1998) (temp.) by S.I. 1998/1968, reg.2

[^c14008021]: 1996 c. 56.

[^c14008031]: 1996 c. 56.

[^c14008041]: s. 10(1) modified (temp.) (4.8.1998) by S.I. 1998/1878, reg. 2

[^c14008051]: S. 11 extended (10.3.1999) by S.I. 1999/362, reg. 2(4).

[^c14008061]: S. 13 excluded (1.9.1998) (temp.) by S.I. 1998/2115, reg.3

[^c18758291]: S. 13 ceased to have effect (1.10.2002 for E. and otherwise prosp.) by virtue of Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 91 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S. 13 repealed (prosp) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 1 (with ss. 210(8), 214(4))

[^c14008071]: 1991 c. 49.

[^c14008181]: S. 20: power conferred by s. 20(7) exercised: 1.9.1999 appointed by S.I. 1998/2083, art. 2

[^c14008191]: S. 20 extended (1.4.1999) by S.I. 1999/704, reg. 2(4).

[^c14008201]: 1996 c. 56.

[^c14008211]: 1996 c. 56.

[^c18756741]: This version of this provision extends to Wales only; a separate version has been created for England.

[^c18757541]: Words in s. 22(1)(b) repealed (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1)(2), 216, Sch. 21 para. 96(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

[^c18757741]: Words in s. 22(1)(c) repealed (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1)(2), 216, Sch. 21 para. 96(2)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

[^c18756791]: Words in s. 22(4)(b) substituted (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 96(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

[^c18756851]: Words in s. 22(5)(b) substituted (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 96(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

[^c18756731]: This version of this provision extends to England only; a separate version has been created for Wales.

[^c18756691]: Words in s. 22(5)(a) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 3

[^c14008641]: 1944 c. 31.

[^c14008381]: Pt. II Chapter II modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

[^c14008931]: S. 45(3)(4) modified (20.11.1998) by S.I. 1998/2670, reg. 3(4)

[^c18366271]: Words in s. 45(3)(b)(i) substituted (19.12.2002 for W. and 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 99(3)(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

[^c18232141]: S. 45A inserted (1.10.2002 for E., 4.12.2003 for W.) by Education Act 2002 (c. 32), ss. 41(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. para. 1); S.I. 2003/2961, art. 5, Sch. Pt. II

[^c14008951]: S. 48 excluded (10.3.1999) by S.I. 1999/362, reg. 6(5).

[^c18232291]: Words in s. 48(1) inserted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 2(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

[^c18232321]: S. 48(2)(dd) inserted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 2(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

[^c14008961]: 1996 c. 56.

[^c14008971]: S. 49(6)(b) modified (20.11.1998) by S.I. 1998/2670, reg. 3(5)

[^c18756301]: Words in s. 49(6)(b) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 4

[^c14008981]: S. 50 wholly in force; s. 50 not in force at Royal Assent see s. 145(3); s. 50(3) and (4) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I, Sch. 2 Pt. I para. 1 and s. 50 in force at 1.4.1999 (so far as it is not already in force) by Sch. 1 Pt. IV of the same S.I.

[^c18756421]: S. 50(4)(za) inserted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

[^c14008921]: Pt. 2 Ch. 4 (ss. 45-53) modified (20.11.1998) by S.I. 1998/2670, reg. 3(1)(3)

[^c18756121]: Cross-heading and s. 51A inserted (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 40, 216, Sch. 3 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4

[^c14009201]: S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 49(3). S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 50(3). S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 51(3). S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 52(3). S. 58(2)-(6)(9) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(3). S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(3). S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 51(3). S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(3).

[^c14009251]: S. 58(7) applied (1.9.1999) by S.I. 1999/2243, reg. 52(4). S. 58(7) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(4).

[^c14009271]: S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 49(2). S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 50(4). S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 51(2). S. 59 applied with modifications (1.9.1999) by S.I. 1999/2243, reg. 52(5). S. 59 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(2). S. 59 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(4). S. 59 applied with modifications (1.9.1999) by S.I. 1999/2262, regs. 48, 51(2). S. 59 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(4).

[^c14009281]: S. 59(2)-(4) modified (1.9.1999) by S.I. 1999/2243, reg. 50(5). S. 59(2)-(4) applied (with modifications) by S.I. 1999/2243, reg. 52(6). S. 59(2)-(4) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 50(5). S. 59(2)-(4) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 52(6).

[^c14009311]: S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 49(3). S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 50(5). S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 51(3). S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 52(6). S. 60 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(3). S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(5). S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 51(3). S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(6).

[^c14009321]: 1996 c. 56.

[^c14009421]: S. 63 extended (temp.) (16.2.1999) by S.I. 1999/129, reg.2.

[^c14009521]: S. 69 wholly in force at 1.9.1999; s. 69 not in force at Royal Assent see s. 145(3); s. 69(2)-(5) in force at 1.10.1998 by 1998/2212, art. 2, Sch. 1, Pt. I; s. 69 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

[^c18335611]: Words in s. 69(1) substituted (1.10.2002 for E. for specified purposes, 19.12.2002 for W., 1.3.2003 for E. so far as not already in force) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 104(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

[^c18335711]: Words in s. 69(2) substituted (1.10.2002 for E. for specified purposes, 19.12.2002 for W., 1.3.2003 for E. so far as not already in force) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 104(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

[^c14009541]: S. 71 wholly in force at 1.9.1999; s. 71 not in force at Royal Assent see s. 145(3); s. 71(7) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1, Pt. I; s. 71 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

[^c18330221]: Words in s. 71(2)(a) substituted (1.10.2002 for E. for specified purposes, 19.12.2002 for W., 1.3.2003 for E. so far as not already in force) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 105 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

[^c14009561]: S. 73 excluded (10.3.1999) by S.I. 1999/362, reg.56.

[^c14009571]: 1996 c. 56.

[^c14009581]: S. 77 wholly in force; s. 77 not in force at Royal Assent see s. 145(3); s. 77 except subsection (2)(b) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 77(2)(b) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.

[^c14009591]: S. 77(1) restricted (28.7.2000) by 2000 c. 21, s. 131, Sch. 8 para. 9(3) (with s. 150)

[^c18330141]: S. 77(1) excluded (26.7.2002) by Education Act 1996 (c. 56), Sch. 35A para. 10(4) (as inserted by Education Act 2002 (c. 32), ss. 65, 216, Sch. 7 Pt. 1 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2)

[^c14009601]: S. 77 modified (temp.) (1.2.1999) by S.I. 1999/1, reg.2

[^c14009611]: 1972 c. 70.

[^c14009621]: 1996 c. 56.

[^c14009631]: 1988 c. 41.

[^c14009661]: 1992 c. 13.

[^c14009671]: S. 81(2) modified (temp.) (1.4.1999) by S.I. 1999/638, reg. 9.

[^c18322521]: Words in. 82(1) inserted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 108 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 4, Sch. Pt. 1

[^c14009681]: S. 84 modified (temp.)(22.4.1999) by S.I. 1999/1064, reg.2. S. 84 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8. S. 84 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.

[^c14009691]: S. 84(6) modified (6.1.1999) by S.I. 1998/3130, reg.2

[^c14009701]: S. 86 modified (temp. from 22.4.1999) by S.I. 1999/1064, reg. 3 Ss. 86-87 restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 2(1) S. 86 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8. S. 86 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.

[^c14009711]: S. 86(1) applied (with modifications) (1.9.1999) by S.I. 1999/1812, reg. 8, Sch. 2 para. 5(b)

[^c19146121]: S. 86(1)(2) excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(a)(10), 162(2) (with s. 159)

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