Education Act 2002

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

• (4) In section 83 (area inspections in Wales)—

• (a) in subsection (1)(a) for “16” there is substituted “ 15 ”, and

• (b) after subsection (10) there is inserted—

(11) In subsection (1)(a) “persons who are aged 15” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “school” and “school year” have the same meaning as in the Education Act 1996.

Rights of entry in relation to inspections

179

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Inspections of LEAs: rights of entry etc.

180

For section 40 of the Education Act 1997 (c. 44) (inspector’s rights of entry etc.) there is substituted—

(40) (1) This section applies where a local authority are inspected under section 38. (2) The inspector, and any person assisting him, shall have at all reasonable times a right of entry to— (a) the premises of the local authority, (b) the premises of any school maintained by the authority, and (c) any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school. (3) The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of— (a) any records kept by, and any other documents containing information relating to, the local authority or any school maintained by the authority, and (b) any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates; which he considers relevant to the exercise of his functions. (4) Section 42 of the School Inspections Act 1996 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act. (5) Without prejudice to subsections (2) and (3), the local authority and the governing body of any school maintained by the authority— (a) shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and (b) shall secure that all such assistance is also given by persons who work at the school. (6) It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection. (7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (8) In this section— - “document” and “records” each include information recorded in any form; and - “relevant section 19 education” means education provided to a child by virtue of arrangements made by the local authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).

Allowances in respect of education or training

Allowances in respect of education or training

181

• (1) Regulations may make provision authorising or requiring the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) to pay an allowance to or in respect of any eligible person who is over compulsory school age, in connection with his undertaking education or training of a prescribed description.

• (2) The relevant education or training must not be higher education.

• (3) Regulations may, in particular, make provision—

• (a) for determining whether a person is an eligible person in relation to any allowance,

• (b) prescribing information that must be supplied by or on behalf of any person before any allowance can be paid or continue to be paid to or in respect of him,

• (c) prescribing the period by reference to which any allowance of a periodic nature is to be paid,

• (d) prescribing the maximum allowance payable to or in respect of any person in respect of any period,

• (e) prescribing the maximum period during which an allowance may be payable to or in respect of any person,

• (f) where the amount of an allowance may vary to any extent according to a person’s circumstances, for determining, or providing for the determination by the Secretary of State or the National Assembly for Wales of, the amount required or authorised to be paid to or in respect of him,

• (g) specifying whether any allowance in respect of any person is to be paid to him, to a parent of his or to any other person,

• (h) for any allowance under this section to be made available on such terms and conditions as may be prescribed, or determined under the regulations by the Secretary of State or the National Assembly for Wales, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined,

• (i) requiring the payment of an allowance to be suspended or terminated in any such circumstances,

• (j) for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals),

• (k) imposing obligations on the governing body of any maintained school or institution within the further education sector in relation to cases where the school or institution is providing the education or training referred to in subsection (1).

• (4) In this section and section 182—

• “governing body”—in relation to a pupil referral unit, means the local authority who maintain the unit, andin relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);

• “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a pupil referral unit.

Learning agreements

182

• (1) For the purposes of this section, a “learning agreement” is a document which—

• (a) specifies conditions which—

• (i) relate to the attendance or conduct of, or completion of assigned tasks by, a person to whom an allowance is or may become payable (in this section referred to as “the student”), and

• (ii) are either prescribed by regulations or, if regulations so provide, determined in accordance with any prescribed requirements by the person providing the relevant education or training,

• (b) contains a declaration by the student relating to compliance with those conditions, and

• (c) deals with such other matters as may be prescribed.

• (2) Regulations may require a learning agreement—

• (a) to be in the prescribed form, and

• (b) to be signed by the student and by or on behalf of such other persons as may be prescribed.

• (3) Without prejudice to the generality of section 181(3)(h), regulations may provide—

• (a) that a person is not eligible to receive an allowance unless the person providing the relevant education or training holds a learning agreement signed by him, and

• (b) that payment of an allowance is conditional on the person providing the relevant education or training from time to time determining that the student has complied with the learning agreement or has done so to a prescribed extent or in prescribed respects.

• (4) Regulations may—

• (a) enable or require a learning agreement to specify targets relating to the attendance, conduct or attainments of the student, and

• (b) enable or require the Secretary of State or the National Assembly for Wales, in any case where the person providing the relevant education or training determines that targets have been met, to make additional payments of allowance to or in respect of the student.

• (5) Without prejudice to the generality of section 181(3)(k), regulations may impose obligations relating to learning agreements on—

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

• (b) the governing body of an institution within the further education sector.

• (6) Regulations may contain provision for determining the person by whom any relevant education or training is to be treated for the purposes of this section as being provided.

• (7) A learning agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

• (8) In this section—

• “allowance” means an allowance under section 181;

• “relevant education or training” means the education or training referred to in that section.

Transfer of functions relating to allowances under section 181

183

• (1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in his determination, be exercisable instead by—

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

• (aa) ... ...

• (b) local authority.

• (2) If the National Assembly for Wales so determines, any function exercisable by the Assembly by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in the Assembly’s determination, be exercisable instead by—

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

• (b) a local authority.

• (3) A person or body by whom any function is for the time being exercisable by virtue of subsection (1) or (2) shall comply with any directions given by the Secretary of State, or as the case may be the National Assembly for Wales, as to the exercise of that function.

• (4) Where any function is so exercisable by a local authority, the function shall be taken to be a function of that authority—

• (a) for the purposes of section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities),

• (b) for the purposes of Part 2 of the 2000 Act (arrangements with respect to executives etc.), and

• (c) subject to the provisions of section 13 of the 2000 Act, for the purposes of section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities).

• (5) In this section “the 2000 Act” means the Local Government Act 2000 (c. 22).

Delegation of functions relating to allowances

184

• (1) The Secretary of State or the National Assembly for Wales may make arrangements for any person or body specified in the arrangements to exercise on his or its behalf, to such extent as is so specified, any function exercisable by him or the Assembly by virtue of regulations made by virtue of section 181 (including any such function in relation to appeals).

• (2) Any arrangements made under subsection (1) shall not prevent the Secretary of State, or as the case may be the National Assembly for Wales, from exercising the function in question himself or itself.

Supplementary provisions relating to transfer or delegation of functions

185

• (1) The Secretary of State or the National Assembly for Wales may make provision for enabling appeals—

• (a) to be made with respect to such matters arising out of the exercise by virtue of section 183(1) or (2) or 184(1) by any person or body of any function of the Secretary of State or the Assembly as he or it may determine, and

• (b) to be so made to a person or body appointed for the purpose by the Secretary of State or the Assembly.

• (2) The Secretary of State or the National Assembly for Wales may pay to any body or person by whom any function of his, or as the case may be of the Assembly, is exercisable by virtue of section 183(1) or (2) or 184(1)—

• (a) such amounts as the Secretary of State or the Assembly considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person—

• (i) in paying allowances under section 181, or

• (ii) by way of administrative expenses,

in, or in connection with, the exercise of that function;

• (b) in a case where the function is exercisable by virtue of section 184(1), such remuneration as the Secretary of State or the Assembly may determine.

• (3) Any payment under subsection (2)(a) may be made subject to such terms and conditions as the Secretary of State or the National Assembly for Wales may determine; and any such conditions may in particular—

• (a) require the provision of returns or other information before any such payment is made;

• (b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

• (4) The Secretary of State or the National Assembly for Wales may pay to any person or body appointed by him or it under subsection (1) such remuneration or administrative expenses (or both) as he or it may determine.

• (5) In relation to any function which, by virtue of section 183(1) or (2) or 184(1) is exercisable to a specified extent, references in section 183(3) and (4) and this section to the exercise of that function are accordingly to its exercise to that extent.

Student loans

Student loans

186

• (1) Regulations may make provision for—

• (a) the repayment by the Secretary of State of amounts payable in respect of loans mentioned in paragraph (a), (b) or (c) of subsection (2);

• (b) reducing or extinguishing the amounts payable in respect of loans mentioned in paragraph (a) or (b) of subsection (2).

• (2) The loans are—

• (a) loans received under arrangements made under section 1 of the Education (Student Loans) Act 1990 (c. 6) by eligible persons who fulfil prescribed conditions;

• (b) loans received under arrangements made under section 22 of the Teaching and Higher Education Act 1998 (c. 30) by eligible persons who fulfil prescribed conditions;

• (c) loans received for educational purposes under such other arrangements as may be prescribed by the regulations, including arrangements made outside England and Wales, by eligible persons who fulfil prescribed conditions.

• (3) The regulations may, in particular, make provision—

• (a) for determining whether a person is eligible for the purposes of the regulations;

• (b) prescribing the circumstances and manner in which, and the times at which, payments are to be made, or amounts are to be reduced or extinguished;

• (c) allowing retrospective adjustments for the purposes of the regulations, including provision allowing the Secretary of State to require reimbursement of repayments, or to alter the amounts reduced or extinguished;

• (d) for imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to information to be given to the Secretary of State;

• (e) for the reimbursement by the Secretary of State of costs incurred by persons or bodies in complying with any such requirements;

• (f) for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of the procedure to be followed in connection with the appeals).

• (4) The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of the regulations (including any such function in relation to appeals).

• (5) Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.

• (6) The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (4) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body in, or in connection with, the exercise of that function.

• (7) Any payment under subsection (6) may be made subject to such terms and conditions as the Secretary of State may determine.

• (8) Such conditions may in particular—

• (a) require the provision of returns or other information before any such payment is made;

• (b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

• (9) In this section—

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made under this section by the Secretary of State.

Education action zones

Education action zones

187

Schedule 15 (which makes provision in relation to education action zones and Education Action Forums) shall have effect.

School inspections

School inspections

188

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Qualifications

Amendments of Part 5 of Education Act 1997

189

Schedule 17 (which contains amendments of Part 5 of the Education Act 1997 (c. 44) relating to the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales) shall have effect.

LEA functions: qualifications

190

• (1) A local authority may award or authenticate academic and vocational qualifications, and may in particular—

• (a) devise and administer a qualification or a course leading to a qualification,

• (b) register candidates,

• (c) set, administer and moderate examinations or other assessments, and

• (d) require the payment of fees in respect of the exercise of the power.

• (2) A local authority may secure the exercise by any other person of such of the authority’s powers under subsection (1) as the authority may specify.

• (3) A local authority may exercise their powers under this section by forming, or participating in forming, or being a member of, a body corporate.

• (4) The powers under this section shall be regarded as always having been within the powers of a local authority; and this section is without prejudice to the generality of the powers of a local authority.

Special educational needs: Wales

Regional provision for special educational needs in Wales

191

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Directions to bring forward proposals to secure regional provision

192

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

Powers of Assembly to make proposals to secure regional provision

193

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Welsh LEAs' powers to make regional provision

194

• (1) In section 14 of the Education Act 1996 (c. 56) (functions in respect of provision of primary and secondary schools), after subsection (4) there is inserted—

(4A) A local authority for an area in Wales may secure that regional schools for providing— (a) primary education, and (b) education that is secondary education by virtue of section 2(2)(a), are available for Wales or any part of Wales that includes the area of the authority. (4B) For this purpose a “regional school”, in relation to a local authority, is a school maintained by that authority which provides education to meet both— (a) the needs of pupils with particular special educational needs in their area, and (b) the needs of such pupils in the rest, or any other part, of Wales, whether or not the institution also provides education suitable to the requirements of other pupils.

• (2) In section 318 of that Act (provision of goods and services in connection with special educational needs)—

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

• (b) after subsection (3A) there is inserted—

(3B) A local authority in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection (1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.

The Special Educational Needs Tribunal for Wales

195

Schedule 18 (the Special Educational Needs Tribunal for Wales) shall have effect.

Other provisions relating only to Wales

Publication and provision of material

196

• (1) A local authority in Wales shall publish any qualifying material which the National Assembly for Wales provides to the authority for the purposes of this subsection.

• (2) A local authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the authority for the purposes of this subsection.

• (3) The governing body of any school maintained by a local authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the body for the purposes of this subsection.

• (4) For the purposes of this section, “qualifying material” is material the Assembly considers likely to—

• (a) assist parents in choosing schools for their children,

• (b) increase public awareness of the quality of education provided at schools, or a school, and of the educational standards achieved there, or

• (c) assist in assessing the degree of efficiency with which the financial resources of schools, or a school, are managed.

• (5) No material published or provided under this section may name any individual to whom it relates.

• (6) The publication or provision of material by a local authority or governing body under this section shall be in such form and manner as may be prescribed.

Partnership agreements and statements

197

• (1) The National Assembly for Wales may by regulations require any local authority in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each such school of a prescribed class.

• (2) For the purposes of this section, a partnership agreement is an agreement about how a local authority and the governing body of a school are to discharge their respective functions in relation to the school as regards—

• (a) such matters as may be prescribed, and

• (b) such other matters as the authority and the governing body may agree.

• (3) Where a local authority fail to reach agreement with the governing body of a school for the purposes of subsection (1), the authority may draw up a statement setting out how they and the governing body are to discharge their respective functions in relation to the school as regards the matters prescribed under subsection (2)(a).

• (4) Regulations under this section may—

• (a) require the parties to a partnership agreement to review the agreement, and

• (b) require a local authority that has drawn up a statement under this section and the governing body to which that statement relates to review the statement,

at such intervals, or in such circumstances, as may be prescribed.

• (5) Following a review of a partnership agreement, the parties may agree—

• (a) not to change the agreement,

• (b) to amend the agreement in such a manner that it remains a partnership agreement, or

• (c) to replace the agreement with a new partnership agreement,

but, where they fail to do so, subsection (3) applies as it applies where a local authority and governing body fail to reach agreement for the purposes of subsection (1).

• (6) Following a review of a statement under subsection (3), the local authority and governing body in question may agree to replace the statement with a partnership agreement, but, where they fail to do so, the authority may amend the statement or draw up a new one (provided the amended or replacement statement is one that could have been drawn up under subsection (3)).

• (7) Regulations under this section may make provision for the time by which a local authority or governing body must comply with any requirement imposed on them by or under the preceding provisions of this section.

• (8) In the discharge of their functions in relation to a school maintained by a local authority in Wales—

• (a) the authority, and

• (b) the governing body and head teacher of the school,

must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.

Transition from primary to secondary school

198

• (1) The National Assembly for Wales may require—

• (a) the governing body of each secondary school maintained by a local authority in Wales, or of each such secondary school belonging to a class specified in the requirement, and

• (b) the governing body of each of its feeder primary schools maintained by such an authority,

jointly, to draw up plans to facilitate the transition from primary school to secondary school of pupils at those primary schools who are admitted to the secondary school.

• (2) In determining whether, for the purposes of this section, a particular school is to be regarded as a feeder primary school, in relation to a particular secondary school, regard is to be had to any guidance given, from time to time, by the Assembly.

• (3) Regulations may—

• (a) provide for the Assembly to determine any disputes as to whether a particular school is a feeder primary school of a particular secondary school for the purposes of this section; and

• (b) make provision about plans under this section, including provision which specifies the period within which such plans are to be drawn up and provision about the content, review and amendment of such plans.

• (4) In carrying out any functions conferred on them by or under this section, governing bodies must have regard to any guidance given, from time to time, by the Assembly.

• (5) In the discharge of their functions under any enactment, the governing body of a school maintained by a local authority in Wales, and the head teacher of that school, must have regard to any plans drawn up by the governing body under this section which for the time being have effect.

Provision of services

Transport for persons over compulsory school age

199

Schedule 19 (transport for persons over compulsory school age) shall have effect.

Remission of charges relating to residential trips

200

In section 457 of the Education Act 1996 (c. 56) (charges and remissions policies), in subsection (4) (entitlement to complete remission of charges in respect of board and lodging on a residential trip), for paragraph (b) there is substituted—

(b) the pupil’s parent is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or (iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, in respect of any period wholly or partly comprised in the time spent on the trip.

LEA functions concerning school lunches, milk etc.

201

• (1) For section 512 of the Education Act 1996 (provision of meals etc. at schools maintained by local authorities) there is substituted—

(512) (1) A local authority may provide— (a) registered pupils at any school maintained by the authority, (b) other persons who receive education at such a school, and (c) children who receive relevant funded nursery education, with milk, meals and other refreshments. (2) Where provision is made under subsection (1), it shall be made— (a) in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and (b) in a case within paragraph (c) of that subsection, at any place where education is being provided. (3) A local authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if— (a) any prescribed requirements are met, (b) a request for the provision of school lunches has been made by or on behalf of that person to the authority, and (c) either— (i) that person is eligible for free lunches (within the meaning of section 512ZB(2)), or (ii) in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches. (4) Subject to section 114(2) of the School Standards and Framework Act 1998 (c. 31) (lunches provided by local authorities to meet nutritional standards), any school lunches provided by a local authority pursuant to subsection (3) may take such form as the authority think fit. (5) A local authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils. (6) In this section— - “prescribed” means prescribed by the Secretary of State by order; - “relevant funded nursery education”, in relation to a local authority, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school— 1. under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), and 2. in consideration of financial assistance provided by the authority under those arrangements; - “school lunch”— 1. in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and 2. in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education, and references, in relation to a local authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority. (512ZA) (1) A local authority shall charge for anything provided by them under subsection (1) or (3) of section 512. (2) A local authority shall charge every person the same price for the same quantity of the same item. (3) This section is subject to section 512ZB. (512ZB) (1) Where the local authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge. (2) For this purpose a person is eligible for free lunches if— (a) he is within subsection (4), and (b) a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority. (3) Where a local authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if— (a) the person is within subsection (4), and (b) a request that the milk be provided free of charge has been made by him or on his behalf to the authority. (4) A person is within this subsection if— (a) his parent is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 (c. 18)), (iii) in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or (iv) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, or (b) he, himself, is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance, or (iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed. (5) In this section “prescribed” and “school lunch” have the same meaning as in section 512.

• (2) In section 512A of that Act (transfer of functions under section 512 to governing bodies)—

• (a) in subsection (2)—

• (i) in paragraph (a) for “section 512(1A) and (1B)” there is substituted “ section 512(3) and (4) ”,

• (ii) in paragraph (b) for “section 512(3)(a)” there is substituted “ section 512ZB(1) ”, and

• (iii) in paragraph (c) for “section 512(3)(b)” there is substituted “ section 512ZB(3) ”, and

• (b) in subsection (6) for “section 512(2)(b)” there is substituted “ section 512ZA(2) ”.

• (3) In section 114 of the School Standards and Framework Act 1998 (c. 31) (nutritional standards for school lunches for pupils at schools maintained by local authorities)—

• (a) in subsection (1), after “lunches for” there is inserted “ (a) ” and after “authorities” there is inserted

, or (b) other persons who are provided with school lunches free of charge in accordance with section 512ZB of the Education Act 1996;

,

• (b) in subsection (2), after “a school” there is inserted “ or for such other persons who are provided with school lunches free of charge ”, and

• (c) in subsection (3)(b), at the beginning there is inserted “ in the case of lunches provided to registered pupils at schools maintained by local authorities, ”.

Miscellaneous

Further education institutions: records

202

• (1) Regulations may make provision about the compilation, retention and disclosure of educational records of further education institutions.

• (2) The regulations may, in particular, impose a function on—

• (a) a local authority, or

• (b) the governing body of a further education institution.

• (3) The regulations may, in particular, make a duty to provide a copy of a record conditional on the payment of a charge which does not exceed the cost of providing the copy.

• (4) In this section “further education institution” has the same meaning as in section 140.

Further education institutions: hazardous material, etc.

203

• (1) The Secretary of State may by regulations require the governing body of a further education institution in England to prevent the use in the institution of specified equipment or specified materials without the approval of the Secretary of State.

• (1A) The Secretary of State may by regulations require the proprietor of a 16 to 19 Academy to prevent the use in the Academy of specified equipment or specified materials without the approval of the Secretary of State.

• (2) The Secretary of State may specify equipment or materials under this section only if he thinks the equipment or materials might endanger a person’s health or safety.

• (3) The National Assembly for Wales may by regulations require the governing body of a further education institution in Wales to prevent the use in the institution of specified equipment or specified materials without the approval of the Assembly.

• (4) The National Assembly for Wales may specify equipment or materials under this section only if it thinks the equipment or materials might endanger a person’s health or safety.

• (5) In this section “further education institution” means an institution within the further education sector and “proprietor” has the same meaning as in the Education Act 1996.

Baseline assessments

204

Chapter 1 of Part 4 of the Education Act 1997 (c. 44) (baseline assessments) shall cease to have effect.

Application of Part 5 of Education Act 1996 to nursery education

205

Section 410 of the Education Act 1996 (c. 56) (which excludes the application of Part 5 of that Act in relation to a nursery school or in relation to a nursery class at a primary school) shall cease to have effect.

Nuisance or disturbance on educational premises

206

Schedule 20 (nuisance or disturbance on educational premises) shall have effect.

Recoupment: adjustment between local education authorities

207

• (1) Regulations may provide, in relation to cases where any provision for education to which this section applies is made by a local authority (in this section referred to as “the providing authority”) in respect of a person who belongs to the area of another local authority, for requiring or authorising the other authority (in this section referred to as the “home authority”) to pay to the providing authority—

• (a) such amount as the authorities may agree, or

• (b) failing agreement, such amount as may be determined by or under the regulations.

• (2) This section applies to —

• (a) primary education;

• (b) secondary education;

• (c) education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).

• (3) The regulations may provide for the amounts payable by one authority to another—

• (a) to reflect the whole or any part of the average costs incurred by local authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas), and

• (b) to be based on figures for average costs determined by such body or bodies representing local authorities, or on such other figures relating to costs so incurred, as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.

• (4) Regulations made under this section in relation to Wales by the National Assembly for Wales may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined—

• (a) where the providing authority and the home authority are both in Wales, by the National Assembly for Wales, or

• (b) where the providing authority is in Wales and the home authority is in England, by the Assembly with the consent of the Secretary of State.

• (5) Any dispute between local authorities in Wales as to whether one of them is entitled to be paid any amount by another under the regulations shall be determined by the National Assembly for Wales.

• (6) Any dispute between a providing authority in Wales and a home authority in England as to whether the providing authority is entitled to be paid any amount by the home authority under the regulations shall be determined by the National Assembly for Wales with the consent of the Secretary of State.

• (7) In this section references to provision for education include provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

Recoupment: special cases

208

• (1) In section 493 of the Education Act 1996 (c. 56) (recoupment: cross-border provisions) for subsection (2) there is substituted—

(2) Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local authorities ) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales. (2A) The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.

• (2) The function of making regulations under section 494 of the Education Act 1996 (recoupment: excluded pupils), so far as exercisable in relation to Wales, is hereby transferred to the National Assembly for Wales.

• (3) The function mentioned in subsection (2) is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and, accordingly, the transfer may be revoked or varied by an Order in Council under that section.

Paid chairmen for local learning and skills councils

209

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

General

Orders and regulations

210

• (1) Subject to subsection (2), any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

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

• (a) section 165 or 192, or

• (b) paragraph 3(6) or 5 of Schedule 1.

• (3) No order shall be made by the Secretary of State under—

• (a) section 80(3),

• (b) section 82(4)(b),

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

• (d) section 84(6),

• (e) section 86, or

• (f) section 125(4),

unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

• (4) Subject to subsections (5) and (6), a statutory instrument which contains any order or regulations made under this Act by the Secretary of State and is not subject to the requirement in subsection (3) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Subsection (4) does not apply to an order under—

• (a) section 7(2),

• (b) section 87(3)(c),

• (c) section 128(2), or

• (d) section 216.

• (6) If an order under section 122 contains only provisions which in the opinion of the Secretary of State give effect without significant modification to recommendations of the School Teachers’ Review Body—

• (a) the order shall contain a statement to that effect, and

• (b) subsection (4) shall not apply.

• (6A) Any statutory instrument containing regulations or an order made under section 32C(5) ... ... by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales ....

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

• (6B) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

• (7) Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act includes power—

• (a) to make different provisions for different cases or areas,

• (b) to make provision generally or only in relation to specific cases, and

• (c) to make such incidental, supplemental, saving or transitional provisions as the Secretary of State or the Welsh Ministers think fit.

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

Wales

211

• (1) Subsection (2) applies where—

• (a) this Act confers a function (in this section referred to as “the new function”) on the Secretary of State by amendment of another Act, and

• (b) any functions under that Act have before the passing of this Act been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) (transfer of Ministerial functions).

• (2) The new function, so far as exercisable in relation to Wales, is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 and, accordingly, the transfer may be varied or revoked by an Order in Council under that section.

• (3) For the purposes of section 22 of the Government of Wales Act 1998, an Order in Council made by virtue of subsection (2) or section 208(3) is to be treated as if it were revoking or varying a previous Order in Council.

• (4) Subsection (2) does not apply in relation to the amendment made by section 208(1).

General interpretation

212

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

• “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);

• “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

• “the local authority”, in relation to a school maintained (or proposed to be maintained) by a local authority, means that authority;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made under this Act by the Secretary of State (in relation to England) or by the National Assembly for Wales (in relation to Wales).

• (2) Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

• (3) The provisions of this Act referred to in subsection (2) are—

• (a) Part 1 (provision for new legal frameworks),

• (b) Part 2 (financial assistance for education and childcare),

• (c) Part 3 (maintained schools),

• (d) Part 5 (school organisation), except section 72 and Schedule 9,

• (e) Parts 6 and 7 Part 6 (the curriculum),

• (f) in Part 8, sections 119 to 146,

• (g) in Part 9, section 153,

• (h) Part 10 (independent schools), and

• (i) in this Part, sections 175 and 176, sections 181 to 185, sections 190 to 198 and section 207.

• (4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996 (c. 56), the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

• (5) Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

Financial provisions

213

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

• (a) any expenditure incurred by the Secretary of State by virtue of this Act, and

• (b) any increase attributable to this Act in the sums which by virtue of any other Act are payable out of money provided by Parliament.

• (2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

Transitional provisions etc.

214

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

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

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

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

• (ii) anything falling to be done under another such provision has been done,

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

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

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

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

• (5) In this section “statutory provision” has the same meaning as in Chapter 1 of Part 3.

Minor and consequential amendments and repeals

215

• (1) Schedule 21 (which contains minor and consequential amendments) shall have effect.

• (2) The enactments specified in the first column of Schedule 22 (which include spent provisions) are repealed to the extent specified in the second column.

Commencement

216

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

• section 13,

• section 52(7) to (10),

• section 147,

• section 186,

• section 190,

• sections 210 to 214, and

• this section and section 217.

• (2) The following provisions shall come into force in accordance with provision made by the Secretary of State by order—

• sections 65 to 69 and Schedule 7,

• section 70 and Schedule 8,

• section 71,

• section 73,

• Part 6,

• sections 119 to 130 and Schedule 11,

• section 209,

• paragraphs 1 to 4 and 9 of Schedule 17, and section 189 so far as relating to those paragraphs,

• paragraphs 14, 17, 18, 56, 91 and 119 of Schedule 21, and section 215(1) so far as relating to those paragraphs, and

• Part 1 of Schedule 22, and section 215(2) so far as relating to that Part.

• (3) The following provisions shall come into force in accordance with provision made by the National Assembly for Wales by order—

• Part 7,

• section 139,

• sections 191 to 198 and Schedule 18,

• paragraphs 5 to 8 of Schedule 17, and section 189 so far as relating to those paragraphs, and

• Part 2 of Schedule 22, and section 215(2) so far as relating to that Part.

• (4) Subject to subsections (1) to (3), this Act shall come into force—

• (a) except in relation to Wales, in accordance with provision made by the Secretary of State by order, and

• (b) in relation to Wales, in accordance with provision made by the National Assembly for Wales by order.

• (5) An order under this section may—

• (a) make provision generally or for specified purposes only,

• (b) make different provision for different purposes, and

• (c) contain such transitional provisions and savings as the person making the order thinks fit.

Short title and extent

217

• (1) This Act may be cited as the Education Act 2002.

• (2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

• (3) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

• (4) Except as provided by subsection (3), this Act extends to England and Wales only.

SCHEDULE 1

Introductory

1

In the following paragraphs of this Schedule—

• “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31);

• “the governing body” means the governing body of a maintained school incorporated under section 19(1).

Name and seal of governing body

2

• (1) The governing body shall be known as “The governing body of....” with the addition of the name of the school as for the time being set out in the school’s instrument of government.

• (2) The application of the seal of the governing body must be authenticated by the signature—

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

• (b) of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

• (3) Every document purporting to be an instrument made or issued by or on behalf of the governing body and—

• (a) to be duly executed under the seal of the governing body, or

• (b) to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.

Powers of governing body

3

• (1) The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with—

• (a) the conduct of the school, or

• (b) the provision of facilities or services under section 27.

• (2) The governing body may provide advice or assistance to—

• (a) the governing body of any other maintained school, whether or not maintained by the same local authority, or

• (b) any local authority.

• (2A) The governing body of a maintained school in England (other than the governing body of a maintained nursery school) may provide advice and assistance to the proprietor of an Academy.

• (2B) The governing body of a maintained school in England may be a member of the foundation of another maintained school in England.

In this sub-paragraph “foundation” has the meaning given by section 21(3) of the 1998 Act, except that it does not include a foundation established under that Act.

• (3) The powers conferred by sub-paragraphs (1) , (2) and (2A) include, in particular, power—

• (a) to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,

• (b) to acquire and dispose of land and other property,

• (c) to enter into contracts,

• (d) to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,

• (e) to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes, and

• (f) to do anything incidental to the conduct of the school, the provision of advice or assistance under sub-paragraph (2) or (2A) , or the provision of facilities and services under section 27.

• (4) The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent—

• (a) of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or

• (b) if an order under sub-paragraph (5) so provides, of the local authority;

and any such consent may be given for particular borrowing or for borrowing of a particular class.

• (5) The Secretary of State or the National Assembly for Wales may by order make provision for any of his or its functions under sub-paragraph (4) to be instead exercisable—

• (a) in the case of all maintained schools, or

• (b) in the case of any class of such schools specified in the order,

by the local authorities by whom those schools are maintained.

• (6) In exercising those functions those authorities shall comply with any directions contained in an order made by the Secretary of State or the National Assembly for Wales.

• (7) Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (3)(c) includes power to enter into contracts for the employment of teachers and other staff, but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school or of a maintained nursery school.

• (8) Sub-paragraphs (1) to (3) have effect subject to—

• (a) any provisions of the school’s instrument of government, and

• (b) any provisions of a scheme under section 48 of the 1998 Act ( local authorities’ financial schemes) which relates to the school.

4

Regulations may make further provision—

• (a) as to the general powers of the governing body, and

• (b) as to other matters relating to it as a body corporate.

Dissolution of governing body

5

• (1) If the school is discontinued, the governing body are dissolved by virtue of this paragraph—

• (a) on the discontinuance date, or

• (b) on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.

• (1A) Sub-paragraph (1) does not apply if—

• (a) the school is a federated school in Wales, and

• (b) immediately after the discontinuance date, there will be more than one other school remaining in the federation.

• (1B) “Federation” in sub-paragraph (1A) means a group of schools that are federated by virtue of Chapter 1 of Part 2 of the Education (Wales) Measure 2011 or were federated by virtue of section 24 before the coming into force of that Chapter, and “federated school” means a school forming part of a federation.

• (1A) Sub-paragraph (1) does not apply if—

• (a) the school is a federated school in England, and

• (b) immediately after the discontinuance date, there will be more than one other school remaining in the federation.

• (1B) “Federation” and “federated school” have the meanings given by section 24(2).

• (2) In this paragraph “the discontinuance date” means—

• (a) in relation to a school in England, whichever of the following is relevant—

• (i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 ...,

• (ii) the date on which the school is discontinued under section 30 of the 1998 Act, ...

• (iii) the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006, or

• (iv) the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;

• (b) in relation to a school in Wales, whichever of the following is relevant—

• (i) the date on which proposals for discontinuing the school are implemented under Part 3 of the School Standards and Organisation (Wales) Act 2013,

• (ii) the date on which the school is discontinued under section 80 of the School Standards and Organisation (Wales) Act 2013, or

• (iii) the date specified in a direction given under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013

SCHEDULE 2

Part 1 — Community, voluntary controlled, community special and maintained nursery schools

1

The arrangements for the staffing of the school shall be determined by the local authority.

2

The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.

3

The authority shall, in connection with the exercise of their functions under paragraph 2, consult the governing body to such extent as the authority think fit.

4

In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), paragraph 2 shall have effect subject to the provisions of that section.

Part 2 — Foundation, voluntary aided and foundation special schools

5

The arrangements for the staffing of the school shall be determined by the local authority.

6

Except with the consent of the authority, the governing body shall not—

• (a) appoint any teacher to work at the school, or

• (b) dismiss any teacher at the school.

7

The authority may give the governing body directions—

• (a) as to the educational qualifications of the teachers to be appointed for giving secular education, or

• (b) requiring them to dismiss any teacher at the school;

but the authority shall not give any directions under paragraph (a) except after consulting the governing body.

8

The authority may give directions to the governing body as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.

9

Where the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control authorised by regulations under section 31) the use of those premises is or would be under the control of any such person, the reference in paragraph 8 to the governing body shall be read as a reference to that person.

10

Paragraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31).

SCHEDULE 3

Introductory

1

In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998.

Expenditure incurred for community purposes

2

• (1) Section 48 of the 1998 Act ( local authorities’ financial schemes) is amended as follows.

• (2) In subsection (1) after “by the authority” there is inserted “ or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) ”.

• (3) In subsection (2) after paragraph (d) there is inserted—

(dd) the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures;

.

3

In section 50 of the 1998 Act (effect of financial delegation), in subsection (4) (meaning of “purposes of the school”) before paragraph (a) there is inserted—

(za) facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),

.

4

After section 51 of the 1998 Act there is inserted—

Expenditure incurred for community purposes (51A) (1) Expenditure incurred by the governing body of a maintained school in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the local authority may be recovered by them from the governing body. (2) Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any financial year. (3) Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget.

5

In Schedule 15 to the 1998 Act (suspension of financial delegation), in paragraph 1(1) (cases where local authority may suspend governing body’s right to a delegated budget) the word “or” at the end of paragraph (a) is omitted and at the end of paragraph (b) there is inserted

or (c) are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).

Teachers engaged otherwise than as employees

6

• (1) Section 58 of the 1998 Act (appointment and dismissal of certain teachers at a school with a religious character) is amended as follows.

• (2) In subsection (2)—

• (a) for “the teaching staff of” there is substituted “ teachers at ”, and

• (b) for “the teaching staff shall” there is substituted “ the teachers shall ”.

• (3) In subsection (3), for “the number of the teaching staff”, in both places where it occurs, there is substituted “ the total number of teachers ”.

• (4) In subsection (4), for “while holding the post of” there is substituted “ while he remains ”.

• (5) In subsection (6), for the words from “may” to the end there is substituted

may— (a) in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and (b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.

.

• (6) In subsection (9), in the definition of “reserved teacher”, after “employed” there is inserted “ or engaged ”.

7

In section 59 of the 1998 Act (staff at community, secular foundation or voluntary, or special school), in subsection (2)(b), after “employed” there is inserted “ or engaged ”.

8

• (1) Section 60 of the 1998 Act (staff at foundation or voluntary school with religious character) is amended as follows.

• (2) In subsection (5)(b), after “employment” there is inserted “ or engagement ”.

• (3) In subsection (6), after “employed” there is inserted “ or engaged ”.

SCHEDULE 4

1

In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).

Meaning of “appeal panel”

2

In section 84(6) of the 1998 Act (interpretation of Chapter 1 of Part 3), in the definition of “appeal panel”, for “under Schedule 24 or 25” there is substituted “ in accordance with regulations under section 94(5) or 95(3) ”.

Parental preferences

3

• (1) Section 86 of the 1998 Act (parental preferences) is amended as follows.

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

• (3) After subsection (2) there is inserted—

(2A) Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference.

• (4) In subsection (3)—

• (a) at the end of paragraph (a) there is inserted “ or ”, and

• (b) paragraph (b) is omitted.

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

• (6) Subsection (6) shall cease to have effect.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In subsection (9), for “provide for all pupils admitted to the school” there is substituted “ , or arrangements such as are mentioned in subsection (3B), provide for all pupils selected under the arrangements ”.

Children permanently excluded from two or more schools

4

In section 87 of the 1998 Act (no requirement to admit children permanently excluded from two or more schools) for subsection (4) there is substituted—

(4) However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if— (a) he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002, (b) on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided— (i) that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but (ii) that it would otherwise have been appropriate to give such a direction, or (c) he was so excluded at a time when he had not attained compulsory school age. (4A) In subsection (4) “the relevant authority” means— (a) the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or (b) a panel constituted in accordance with regulations under subsection (3)(c) of that section.

Procedure for determining admission arrangements

5

• (1) Section 89 of the 1998 Act (procedure for determining admission arrangements) is amended as follows.

• (2) For subsection (2) there is substituted—

(2) Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely— (a) whichever of the governing body and the local authority are not the admission authority, (b) the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed, (c) the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), and (d) the admission authorities for maintained schools of any prescribed description. (2A) Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if— (a) the admission authority are the school’s governing body, and (b) prescribed conditions are satisfied in relation to that year.

• (3) In subsections (4), (5) and (6), for “bodies whom they consulted under subsection (2)” there is substituted “ appropriate bodies ”.

• (4) In subsection (8), after paragraph (f) there is inserted—

(fa) requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed;

.

• (5) After that subsection there is inserted—

(8A) The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it— (a) by giving a notice containing the information to prescribed persons, or (b) in any other prescribed manner.

• (6) For subsection (9) there is substituted—

(9) Where the local authority are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5).

• (7) After that subsection there is inserted—

(10) In this section “the appropriate bodies”, in relation to an admission authority, means the bodies whom they were required to consult under subsection (2), or would but for subsection (2A) have been required so to consult.

Reference of objections

6

In section 90(1)(b) of the 1998 Act (reference of objections to adjudicator or Secretary of State), for “consulted by the admission authority under section 89(2)” there is substituted “ who were, or would but for subsection (2A) of section 89 have been, required to be consulted by the admission authority under subsection (2) of that section ”.

Publication of information

7

For section 92 of the 1998 Act (publication of information about admissions) there is substituted—