Legalize / United Kingdom / Public General Act

Education Act 2002

Type Public General Act

Publication 2002-07-24

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(11A) (1) The members of an Education Action Forum must include— (a) one person appointed by the governing body of each of the participating schools, unless the governing body of any such school choose not to make such an appointment, and (b) one or two persons appointed by the Secretary of State, unless he chooses not to make such appointments. (2) Subject to that, an Education Action Forum— (a) shall initially be constituted in accordance with the order under section 10(1), and (b) may subsequently alter its membership (as set out in that order or as previously altered under this paragraph). (3) In subsection (2) the references to altering the Forum’s membership include— (a) altering the number of members, and (b) altering who may appoint members. (4) An alteration may be made under subsection (2)(b) only if it is made— (a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and (b) with the consent of the Secretary of State.

Expansion or reduction of zone

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After section 11A (inserted by paragraph 4) there is inserted—

(11B) (1) An Education Action Forum established for an education action zone may add— (a) any eligible school (within the meaning of section 10(1A)), or (b) any new school which has a temporary governing body, to the zone. (2) But a school may be added under this section only if it is added— (a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and (b) with the consent of the governing body of the school and of the Secretary of State. (3) For the purposes of this section references to a school being added to an education action zone are to it becoming one of the schools which constitute collectively the zone. (11C) (1) An Education Action Forum established for an education action zone may remove a participating school from the zone. (2) But a school may be removed under this section only if it is removed— (a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and (b) with the consent of the Secretary of State. (3) For the purposes of this section references to a school being removed from an education action zone are to it ceasing to be one of the schools which constitute collectively the zone.

Information relating to changes to zone or Forum

6

After section 11C (inserted by paragraph 5) there is inserted—

(11D) (1) An Education Action Forum established for an education action zone must provide the Secretary of State with details of— (a) any alteration made to its constitution under section 11A(2)(b), (b) any addition of a school to the zone under section 11B, and (c) any removal of a school from the zone under section 11C. (2) The Forum must also, on a request being made by any person, provide him with— (a) the name of each member of the Forum and of the person or body that appointed him, (b) the name of any other person or body entitled to appoint a member, and (c) the name of each participating school in relation to the zone. (3) But the duty under subsection (2) is subject, in such circumstances as the Forum may determine, to the payment by the person concerned of a reasonable fee determined by the Forum.

Functions of Education Action Forum

7

After section 12(1) there is inserted—

(1A) With the consent of the Secretary of State, a Forum may also carry on any other activities which it considers will promote the provision of, or access to, education whether in a participating school or otherwise.

Transitional provision

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(1) Any provision of an order under section 10 of the School Standards and Framework Act 1998 (c. 31) having effect immediately before the commencement of this Schedule which requires the Forum to include one or two persons appointed by the Secretary of State shall be read as if it were a provision having the same effect as section 11A(1)(b) of that Act.

(2) Any order under subsection (3) of section 10 of that Act which has effect immediately before the commencement of this Schedule shall continue to have effect on or after that time notwithstanding the repeal by this Act of that subsection.

(3) Until such time as section 67 of this Act comes into force, the reference in section 10(6)(a)(i) of the School Standards and Framework Act 1998 (c. 31) to an Academy shall be read as a reference to a city academy.

(4) Where before the commencement of this Schedule—

(a) an education action zone has been established by an order under section 10(1) of that Act, and

(b) the membership of the Forum set out in that order has been altered by virtue of section 14 of the Interpretation Act 1978 (c. 30),

the powers to alter the Forum’s membership conferred by section 11A of the School Standards and Framework Act 1998 are powers to alter the membership as so amended.

SCHEDULE 16

Duty to report on quality of management etc

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Inspections by members of the Inspectorate etc.

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Destination of reports on inspections of maintained schools

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Action plans

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Approvals for appointment of staff

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SCHEDULE 17

The Qualifications and Curriculum Authority

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The Qualifications, Curriculum and Assessment Authority for Wales

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(1) Section 29 of the Education Act 1997 (functions of the Qualifications, Curriculum and Assessment Authority for Wales in relation to curriculum and assessment) is amended as follows.

(2) In subsection (1) for the words from “with respect to” to the end there is substituted

with respect to— (a) pupils at maintained schools in Wales who have not ceased to be of compulsory school age, (b) pupils at maintained nursery schools in Wales, and (c) children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.

(3) In subsection (2)—

(a) in paragraph (a), for “such schools” there is substituted “ maintained schools or maintained nursery schools ”, and

(b) paragraph (f) and the word “and” immediately preceding it are omitted.

(4) After subsection (2) there is inserted—

(2A) In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.

(5) Subsections (3) and (4) are omitted.

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6

In any order made before the commencement of this paragraph under section 30(1) of the Education Act 1997 (c. 44) (power to confer functions on Qualifications, Curriculum and Assessment Authority for Wales) any reference to functions falling within paragraph (f) of section 24(2) of that Act is to be taken to be a reference to those functions as extended by virtue of paragraph 2 of this Schedule.

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Provisions extending to Northern Ireland

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SCHEDULE 18

Special Educational Needs

1

The Education Act 1996 (c. 56) is amended as follows.

2

In section 313 (code of practice), for subsection (5) there is substituted—

(5) In this Part (except sections 333 to 336), “the Tribunal”, in relation to an appeal, means— (a) where the local authority concerned is in England, the Special Educational Needs and Disability Tribunal, (b) where the local authority concerned is in Wales, the Special Educational Needs Tribunal for Wales.

3

In section 326A (unopposed appeals), for subsection (6) there is substituted—

(6) In this section, “prescribed” means prescribed by regulations made— (a) in relation to an appeal to the Special Educational Needs and Disability Tribunal, by the Secretary of State, (b) in relation to an appeal to the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales.

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6

In section 336A, for subsection (2) there is substituted—

(2) In subsection (1), “prescribed” means prescribed by regulations made— (a) as to orders of the Special Educational Needs and Disability Tribunal, by the Secretary of State, (b) as to orders of the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales with the agreement of the Secretary of State.

Disability Discrimination

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13

Section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel appointed for the Education Tribunal for Wales under section 91(5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

Consequential amendments

14

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) there is inserted in the appropriate place—

President of the Special Educational Needs Tribunal for Wales, or member of a panel of persons appointed to act as chairman or other member of that Tribunal.

15

In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (bodies subject to the supervision of the Council), in paragraph 40B—

(a) the existing entry becomes sub-paragraph (a), and

(b) after that sub-paragraph there is inserted—

(b) the Special Educational Needs Tribunal for Wales.

16

In section 42 of the Special Educational Needs and Disability Act 2001 (c. 10), subsection (2) (National Assembly for Wales and functions under section 336 of the Education Act 1996 (c. 56)) is omitted.

Saving and transitional provision

17

The amendments made by any provision of this Schedule do not affect—

(a) appeals instituted under Part 4 of the Education Act 1996, or

(b) claims made under section 28I of the Special Educational Needs and Disability Act 2001,

before the coming into force of that provision.

18

Regulations made, or having effect as if made, under any of sections 326A and 333 to 336A of the Education Act 1996 in relation to the Special Educational Needs and Disability Tribunal have effect in relation to the Special Educational Needs Tribunal for Wales until superseded by regulations made in relation to that Tribunal, but as if references to the Secretary of State were references to the National Assembly for Wales.

SCHEDULE 19

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The Education Act 1996 is amended as follows.

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3

After section 509 there is inserted—

(509AA) (1) A local authority shall prepare for each academic year a transport policy statement complying with the requirements of this section. (2) The statement shall specify the arrangements for the provision of transport or otherwise that the authority consider it necessary to make for facilitating the attendance of persons of sixth form age receiving education or training— (a) at schools, (b) at any institution maintained or assisted by the authority which provides further education or higher education (or both), (c) at any institution within the further education sector, or (d) at any establishment (not falling within paragraph (b) or (c)) which is supported by the Learning and Skills Council for England or the National Council for Education and Training for Wales. (3) The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2). (4) The statement shall specify the arrangements proposed to be made by the governing bodies of— (a) schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and (b) institutions within the further education sector in the authority’s area, for the provision of transport for facilitating the attendance of persons of sixth form age receiving education or training at the schools and institutions and for the provision of financial assistance in respect of the travelling expenses of such persons. (5) Those governing bodies shall co-operate in giving the local authority any information and other assistance that is reasonably required by the authority for the performance of their functions under this section and section 509AB. (6) The statement shall specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985 (c. 67)) which are to be provided under any scheme established under section 93 of that Act to persons of sixth form age receiving education at any establishment such as is mentioned in subsection (2) above in the authority’s area. (7) The authority shall— (a) publish the statement, in a manner which they consider appropriate, on or before 31st May in the year in which the academic year in question begins, and (b) make, and secure that effect is given to, any arrangements specified under subsections (2) and (3). (8) Nothing in this section prevents a local authority from making, at any time in an academic year, arrangements— (a) which are not specified in the transport policy statement published by the authority for that year, but (b) which they have come to consider necessary for the purposes mentioned in subsections (2) and (3). (9) The Secretary of State may, if he considers it expedient to do so, direct a local authority to make for any academic year— (a) arrangements for the provision of transport or otherwise for facilitating the attendance of persons of sixth form age receiving education or training at establishments such as are mentioned in subsection (2), or (b) arrangements for providing financial assistance in respect of the reasonable travelling expenses of such persons, which have not been specified in the transport policy statement published by the authority for that academic year. (10) The Secretary of State may by order amend subsection (7)(a) by substituting a different date for 31st May.

4

After section 509AA there is inserted—

(509AB) (1) A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties. (2) A statement prepared under that section shall— (a) specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the local authority which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and (b) specify arrangements for persons with learning difficulties receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties attending such schools. (3) In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the local authority shall have regard (amongst other things) to— (a) the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made, (b) the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided, (c) the distance from the homes of persons of sixth form age in their area of establishments such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and (d) the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there. (4) In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a local authority shall have regard (amongst other things)— (a) to the nature of the route, or alternative routes, which he could reasonably be expected to take; and (b) to any wish of his parent for him to be provided with education or training at a school, institution or other establishment in which the religious education provided is that of the religion or denomination to which his parent adheres. (5) In preparing a statement under section 509AA a local authority shall have regard to any guidance issued by the Secretary of State under this section. (6) In preparing a statement under that section a local authority shall consult— (a) any other local authority that they consider it appropriate to consult, (b) the governing bodies mentioned in subsection (4) of that section, (c) the Learning and Skills Council for England (in the case of a local authority in England) or the National Council for Education and Training for Wales (in the case of a local authority in Wales), and (d) any other person specified by the Secretary of State for the purposes of this section. (7) In preparing a statement under that section a local authority shall also consult— (a) where they are the local authority for a district in a metropolitan county, the Passenger Transport Authority for that county, and (b) where they are the local authority for a London borough or the City of London, Transport for London.

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After section 509AB there is inserted—

(509AC) (1) For the purposes of sections 509AA and 509AB a person receiving education or training at an establishment is of sixth form age if he is over compulsory school age but— (a) is under the age of 19, or (b) has begun a particular course of education or training at the establishment before attaining the age of 19 and continues to attend that course. (2) References in section 509AA to an establishment supported by the Learning and Skills Council for England are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 5(2) of the Learning and Skills Act 2000. (3) References in section 509AA to an establishment supported by the National Council for Education and Training for Wales are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 34(2) of the Learning and Skills Act 2000. (4) References in section 509AB to persons with learning difficulties are to be construed in accordance with section 13(5) and (6) of the Learning and Skills Act 2000. (5) In sections 509AA and 509AB and this section— - “academic year” means any period commencing with 1st August and ending with the next 31st July; - “disabled person” has the same meaning as in the Disability Discrimination Act 1995; - “establishment” means an establishment of any kind, including a school or institution; - “governing body”, in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992. (6) The Secretary of State may by order amend the definition of “academic year” in subsection (5).

6

In section 509A (travel arrangements for children receiving nursery education otherwise than at school), after subsection (4) there is inserted—

(4A) Regulations may require a local authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the making of provision under this section.

SCHEDULE 20

1

(1) Section 547 of the Education Act 1996 (c. 56) (nuisance or disturbance on premises of a school maintained by a local authority) is amended in accordance with sub-paragraphs (2) to (6).

(2) In subsection (2), after paragraph (a) there is inserted—

(aa) any special school not so maintained, and (ab) any independent school.

(3) After that subsection there is inserted—

(2A) This section also applies to any premises which are— (a) provided by a local authority under section 508, and (b) used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities.

(4) In subsection (3)(b) for “a local authority have” there is substituted “ the appropriate authority has ”.

(5) For subsection (4) there is substituted—

(4) In subsection (3) “the appropriate authority” means— (a) in relation to premises of a foundation, voluntary aided or foundation special school, a local authority or the governing body, (b) in relation to— (i) premises of any other school maintained by a local authority, and (ii) premises provided by a local authority as mentioned in subsection (2A), a local authority, and (c) in relation to premises of a special school which is not so maintained or of an independent school, the proprietor of the school.

(6) For subsections (6) and (7) there is substituted—

(6) No proceedings for an offence under this section shall be brought by any person other than— (a) a police constable, or (b) an authorised person. (7) In subsection (6) “authorised person” means— (a) in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a local authority or a person whom the governing body have authorised to bring such proceedings, (b) in relation to an offence committed— (i) on premises of any other school maintained by a local authority, or (ii) on premises provided by a local authority as mentioned in subsection (2A), a local authority, and (c) in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, a person whom the proprietor of the school has authorised to bring such proceedings.

2

After section 85 of the Further and Higher Education Act 1992 (c. 13) there is inserted—

(85A) (1) Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. (2) This section applies to premises, including playing fields and other premises for outdoor recreation, of— (a) any institution (other than a school) which is maintained by a local authority and provides further education or higher education (or both), and (b) any institution within the further education sector. (3) If— (a) a police constable, or (b) a person whom the appropriate authority have authorised to exercise the power conferred by this subsection, has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question. (4) In subsection (3) “the appropriate authority” means— (a) in relation to premises of an institution such as is mentioned in subsection (2)(a), a local authority, and (b) in relation to premises of an institution within the further education sector, the governing body. (5) No proceedings under this section shall be brought by any person other than— (a) a police constable, or (b) an authorised person. (6) In subsection (5) “authorised person” means— (a) in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a local authority, and (b) in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings.

SCHEDULE 21

Local Government Act 1972 (c. 70)

1

In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176 of that Act) for subsection (1A) there is substituted—

(1A) Subsection (1) has effect without prejudice to the operation of— (a) regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels); (b) paragraph 3 of Schedule 4 to that Act (allowances for school organisation committees); and (c) regulations made by virtue of section 52(6) of the Education Act 2002 (allowances for exclusion appeal panels).

Local Government Act 1974 (c. 7)

2

In section 25(5) of the Local Government Act 1974 (certain bodies to which Part 3 of that Act applies)—

(a) for paragraph (c) there is substituted—

(c) an admission appeal panel constituted in accordance with regulations under section 94(5) or 95(3) of that Act,

and

(b) at the end of paragraph (d) there is inserted

and (e) an exclusion appeal panel constituted in accordance with regulations under section 52 of the Education Act 2002.

Sex Discrimination Act 1975 (c. 65)

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Public Passenger Vehicles Act 1981 (c. 14)

4

In section 46(3) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), for the definition of “free school transport” there is substituted—

“free school transport” means transport provided by a local authority free of charge— (a) in pursuance of arrangements under section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996, or (b) otherwise, in the exercise of any function of the authority, for the purpose of facilitating the attendance of persons receiving education or training at any premises;

Education (Fees and Awards) Act 1983 (c. 40)

5

In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.

Building Act 1984 (c. 55)

6

In section 4 of the Building Act 1984 (exemption of educational buildings from building regulations), for subsection (1)(a)(ii) there is substituted—

(ii) particulars submitted and approved under regulations made under section 544 of the Education Act 1996,

Education Act 1986 (c. 40)

7

In section 1(1) of the Education Act 1986 (payment of grant) for “either of them” there is substituted “ that body ”.

Education Reform Act 1988 (c. 40)

8

In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ suitable to the requirements of persons who have attained the age of fourteeen years ”.

Children Act 1989 (c. 14)

9

In Schedule 9A to the Children Act 1989 (child minding and day care for young children), for paragraph 4(2)(b) there is substituted—

(b) he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children;

Environmental Protection Act 1990 (c. 43)

10

In section 98(2) of the Environmental Protection Act 1990 (definition of “educational institution”), paragraph (c)(ii) is omitted.

Further and Higher Education Act 1992 (c. 13)

11

In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ suitable to the requirements of persons who have attained the age of fourteeen years ”.

12

In section 21 of the Further and Higher Education Act 1992 (initial instruments and articles), in subsection (3), for “Chapter III of Part II of the School Standards and Framework Act 1998” there is substituted “ section 19 of the Education Act 2002 ”.

13

Section 23(4)(b) of the Further and Higher Education Act 1992 (institutions maintained by local authorities: Secretary of State must approve exclusion of any property etc. from initial transfer to FE corporation) shall cease to have effect.

14

In section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted.

15

In section 37 of the Further and Higher Education Act 1992 (net expenditure of institution about to join further education sector), the following provisions are omitted—

(a) subsection (1)(b) and the word “or” immediately preceding it,

(b) subsection (8)(a), and

16

Sections 39 to 42 of the Further and Higher Education Act 1992 (restrictions on powers of local authorities to dispose of land etc. in period before institution becomes institution within the further education sector) shall cease to have effect.

17

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18

Section 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.

19

(1) Section 52A of the Further and Higher Education Act 1992 (duty to safeguard pupils receiving secondary education) is amended as follows.

(2) In subsection (1)—

(a) for “persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ persons of compulsory school age ”, and

(b) in paragraph (a), for “in pursuance of arrangements falling within section 18(1)(aa) of this Act” there is substituted “ by virtue of section 18(1)(aa) or (ab) of this Act ”.

(3) In subsection (2) for “such pupils” there is substituted “ persons of compulsory school age ”.

20

In section 54(1) of the Further and Higher Education Act 1992 (duty of certain bodies to give to the Learning and Skills Council for England or National Council for Education and Training for Wales information required for the purposes of the exercise of their functions under Part 1 of that Act), for “this Part of this Act” there is substituted “ any enactment ”.

21

Section 60 of the Further and Higher Education Act 1992 (saving as to persons detained by order of a court) shall cease to have effect.

Tribunals and Inquiries Act 1992 (c. 53)

22

In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which that Act applies) for paragraphs (b) and (c) there is substituted—

(b) exclusion appeal panels constituted in accordance with regulations under section 52 of the Education Act 2002; (c) admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998;

Education Act 1994 (c. 30)

23

In section 4 of the Education Act 1994 (qualifying activities and eligible institutions), subsection (4) shall cease to have effect.

24

In section 14 of the Education Act 1994 (qualification of teachers, etc.), subsections (1), (3) and (4) are omitted.

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Disability Discrimination Act 1995 (c. 50)

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28

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29

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Employment Rights Act 1996 (c. 18)

30

In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools) for “section 55(5) of the School Standards and Framework Act 1998” there is substituted “ paragraph 7 of Schedule 2 to the Education Act 2002 ”.

31

In section 139 of the Employment Rights Act 1996 (redundancy), in subsection (3), for “governors” there is substituted “ governing bodies ”.

32

In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (7) for “governors” (in both places) there is substituted “ governing body ”.

Education Act 1996 (c. 56)

33

In section 2 of the Education Act 1996 (definition of primary, secondary and further education), in subsection (4), after “subsection (2)(b)” there is inserted “ or (2A) ”.

34

(1) Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.

(2) After subsection (1) there is inserted—

(1A) A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).

(3) In subsection (3) for “Subsection (1) also applies” there is substituted “ Subsections (1) and (1A) also apply ”.

35

In section 29 of the Education Act 1996 (provision of information by local authorities ), subsection (6) is omitted.

36

In section 313 of the Education Act 1996 (Code of Practice), in subsection (1), after “maintained schools” there is inserted “ and maintained nursery schools ”.

37

In section 315 of the Education Act 1996 (review of arrangements), in subsection (2) after “special schools” there is inserted “ and maintained nursery schools ”.

38

In section 316A of the Education Act 1996 (duty to educate children with special educational needs in mainstream school), in subsection (11)—

(a) in paragraph (a), after “maintained school” there is inserted “ or maintained nursery school ”, and

(b) in paragraph (b), the words “a maintained nursery school or” are omitted.

39

(1) Section 317 of the Education Act 1996 (duties in relation to pupils with special educational needs) is amended as follows.

(2) In subsection (1), for the words from the beginning to “shall” there is substituted “ The governing body of a community, foundation or voluntary school or a maintained nursery school shall ”.

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

(2) In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).

(4) In subsection (3)—

(a) in paragraph (a), after “voluntary schools” there is inserted “ and maintained nursery schools ”, and

(b) paragraph (b) and the word “and” preceding it are omitted.

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

40

In section 317A(1) of the Education Act 1996 (duty to inform parent where special educational provision made), in paragraph (a)(i) after “school” there is inserted “ or a maintained nursery school ”.

41

(1) Section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs) is amended as follows.

(2) In subsection (1), after “voluntary schools” there is inserted “ or maintained nursery schools ”.

(3) In subsection (2), after “voluntary schools” there is inserted “ , maintained nursery schools ”.

42

In section 321 of the Education Act 1996 (general duty of local authority towards children for whom they are responsible), in subsection (3), in paragraphs (a) and (b), after “maintained school” there is inserted “ or maintained nursery school ”.

43

In section 324 of the Education Act 1996 (statement of special educational needs), in subsection (5)(b) after “maintained school” there is inserted “ or maintained nursery school ”.

44

In section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body), in subsection (13)(a), the words “a maintained nursery school or” are omitted.

45

In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for “and” at the end of paragraph (a) there is substituted—

(aa) “assessment arrangements” and “fourth key stage”— (i) in relation to a school maintained by a local authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and (ii) in relation to a school maintained by a local authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and

46

(1) Section 408 of the Education Act 1996 (provision of information) is amended as follows.

(2) In subsection (1)(a) after “the Learning and Skills Act 2000” there is inserted “ or the relevant provisions of the Education Act 2002 ”.

(3) Subsection (4)(a) is omitted.

(4) After subsection (4) there is inserted—

(4A) For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are— (a) Part 6 (the curriculum in England), and (b) sections 97 to 117 (the curriculum in Wales).

(5) In subsection (6) for “this Part” there is substituted “ Part 6 or 7 of the Education Act 2002 ”.

(6) After subsection (8) there is inserted—

(9) In this section “maintained school” includes a maintained nursery school.

47

(1) Section 409 of the Education Act 1996 (complaints and enforcement: maintained schools) is amended as follows.

(2) In subsection (1), the words “with the approval of the Secretary of State and” are omitted.

(3) In subsection (2), after “by the authority” there is inserted “ , any maintained nursery school so maintained ”.

(4) In subsection (3), before the “and” at the end of paragraph (a) there is inserted—

(aa) any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),

48

(1) Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.

(2) In subsection (3)(b) for “section 357(1) (implementation of National Curriculum)” there is substituted “ section 88 or 109 of the Education Act 2002 (implementation of National Curriculum for England or National Curriculum for Wales) ”.

(3) In subsection (4)(b) for “section 357(1)” there is substituted “ section 88 or 109 of the Education Act 2002 ”.

49

(1) Section 484 of the Education Act 1996 (education standards grants) is amended as follows.

(2) For any reference to the Secretary of State there is substituted a reference to the National Assembly for Wales.

(3) In subsection (1), after “ local authorities ” there is inserted “ in Wales ”.

(4) In subsection (2) the words “England and” are omitted.

(5) Subsection (6) is omitted.

50

In section 499 of the Education Act 1996 (power to direct appointment of members of education committees) for subsection (9) there is substituted—

(9) In subsections (6) and (8)— (a) “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and (b) “parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).

51

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

52

In section 512A of the Education Act 1996 (transfer of functions under section 512 to governing bodies) in subsection (7) for the definitions of “delegated budget” and “maintained school” there is substituted—

“delegated budget” has the same meaning as in the School Standards and Framework Act 1998; “maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;

53

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

54

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

55

In section 545 of the Education Act 1996 (exemption of educational buildings from building byelaws), in subsection (2)(a) the words “or section 218(7) of the Education Reform Act 1988” are omitted.

56

In section 578 of the Education Act 1996 (meaning of “the Education Acts”), the reference to the School Teachers’ Pay and Conditions Act 1991 is omitted.

57

In section 579(1) of the Education Act 1996 (general interpretation)—

(a) after the definition of “local government elector” there is inserted—

“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;

(b) after the definition of “modifications” there is inserted—

“the National Curriculum” (without more) means— (a) in relation to England, the National Curriculum for England , and (b) in relation to Wales, the National Curriculum for Wales;

and

“sex education” includes education about— (a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and (b) any other sexually transmitted disease;

58

In Schedule 27 to the Education Act 1996—

(a) in paragraph 3A(1), after the words “maintained school”, in each place where they occur, there is inserted “ or maintained nursery school ”, and

(b) in paragraph 8(1)(a), after “maintained school” there is inserted “ or maintained nursery school ”.

School Inspections Act 1996 (c. 57)

59

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

60

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

61

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

62

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

63

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

64

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

65

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

66

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

67

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

68

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

Education Act 1997 (c. 44)

69

In section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications and Curriculum Authority of their functions), in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “ section 78 of the Education Act 2002 ”.

70

In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “ section 99 of the Education Act 2002 ”.

71

Section 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.

Police Act 1997 (c. 50)

72

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

73

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

Teaching and Higher Education Act 1998 (c. 30)

74

In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.

75

In section 2 of the Teaching and Higher Education Act 1998 (advisory functions of General Teaching Council), in subsection (4), for “by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers)” there is substituted “ under section 142 of the Education Act 2002 (prohibition from teaching, &c.) ”.

76

In section 3 of the Teaching and Higher Education Act 1998 (registration of teachers), in subsection (3)—

(a) the words “within the meaning of section 218(2) of the Education Reform Act 1988” are omitted, and

(b) for paragraph (a) there is substituted—

(a) subject to a direction under section 142(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),

77

In section 4 of the Teaching and Higher Education Act 1998 (regulations relating to registration with General Teaching Council), for subsection (3)(a) there is substituted—

(a) a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),

78

In section 7 of the Teaching and Higher Education Act 1998 (additional functions of General Teaching Council), in subsection (3), for the words from “the exercise” to the end there is substituted “ the specification of requirements of regulations under section 132 of the Education Act 2002 (qualified teacher status) ”.

79

Section 10 of the Teaching and Higher Education Act 1998 (further functions of General Teaching Council for Wales in relation to teachers) shall cease to have effect.

80

Section 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.

81

In section 12 of the Teaching and Higher Education Act 1998 (deduction from teachers’ salaries of fees for registration with General Teaching Council)—

(a) for subsection (2)(b) there is substituted—

(b) required to be registered in the register by virtue of section 134 of the Education Act 2002

and

(b) in subsection (4), for the definition of “schools” there is substituted—

“school” means a school maintained by a local authority or a special school not so maintained

82

Section 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.

83

For section 15 of the Teaching and Higher Education Act 1998 (supply of information relating to dismissal or resignation of teachers, &c.) there is substituted—

(15) (1) This section applies where a relevant employer— (a) has ceased to use a person’s services on a ground mentioned in section 142 of the Education Act 2002, or (b) might have ceased to use a person’s services on a ground mentioned in that section had the person not ceased to provide those services. (2) In the case of a person who was providing services to a relevant employer in England, the employer shall provide prescribed information to such of the following as may be prescribed— (a) the Secretary of State, and (b) where the person is a registered teacher, the Council. (3) In the case of a person who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to such of the following as may be prescribed— (a) the National Assembly for Wales, and (b) where the person is a registered teacher, the General Teaching Council for Wales. (4) For the purposes of this section, a reference to a ground mentioned in section 142 of the Education Act 2002 shall be read as if subsection (4)(e) was not limited to the case of a direction given by virtue of subsection (2)(d). (5) In this section— - “relevant employer” has the meaning given by section 142 of the Education Act 2002, and - “services” includes professional and voluntary services. (15A) (1) This section applies to arrangements made by one person (the “agent”) for another person (the “worker”) to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract). (2) Subsections (3) and (4) apply where an agent— (a) has terminated the arrangements on a ground mentioned in section 142 of the Education Act 2002, (b) might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or (c) might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work. (3) In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed— (a) the Secretary of State, and (b) where the person is a registered teacher, the Council. (4) In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed— (a) the National Assembly for Wales, and (b) where the person is a registered teacher, the General Teaching Council for Wales. (5) If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty. (6) If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty. (7) A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order. (8) A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order. (9) Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section.

84

Section 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.

85

In section 19 of the Teaching and Higher Education Act 1998 (requirement for school teacher to serve induction period)—

(a) in subsection (7), for “section 49 of the Education (No. 2) Act 1986” there is substituted “ section 131 of the Education Act 2002 ”,

(b) in subsection (8), after “ local authorities ” there is inserted “ in Wales ”, and

(b) “relevant school” means a school maintained by a local authority or a special school not so maintained,

86

(1) Schedule 2 to the Teaching and Higher Education Act 1998 (disciplinary powers of the General Teaching Council) is amended as follows.

(2) In paragraph 1(4) for the words from “of any powers” to the end there is substituted

of the powers exercisable by him, in cases which he considers concern the safety and welfare of persons aged under 18, under section 142 of the Education Act 2002 — (a) on the grounds that a person is unsuitable to work with children, or (b) on grounds relating to a person’s misconduct or health.

(3) Paragraph 1(5) is omitted.

School Standards and Framework Act 1998 (c. 31)

87

In section 1 of the School Standards and Framework Act 1998 (duty to set limit on infant class sizes), for “qualified teacher” there is substituted “ school teacher ”.

88

In section 4 of the School Standards and Framework Act 1998 (interpretation) for the definition of “qualified teacher” there is substituted—

“school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers’ pay and conditions)

89

In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.

90

In section 12 of the School Standards and Framework Act 1998 (functions of Education Action Forum), in subsection (4) for the words from “under sections” to “Schedule 17,” there is substituted “ under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections, ”.

91

Section 13 of the School Standards and Framework Act 1998 (disapplication of school teachers’ pay and conditions order) shall cease to have effect.

92

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

93

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

94

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

95

In section 20 of the School Standards and Framework Act 1998 (new categories of maintained schools), in subsection (2)(b), for “section 28 or 31” there is substituted “ any enactment ”.

96

(1) Section 22 of the School Standards and Framework Act 1998 (maintenance of schools) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b), the words “under section 28 or 31” are omitted, and

(b) in paragraph (c), the words “under section 28” are omitted.

(3) In subsection (4)(b), for the words from “under paragraph 2” to the end there is substituted “ under any enactment of providing new premises for the school ”.

(4) In subsection (5)(b), for the words from “under paragraph 4” to the end there is substituted “ under any enactment of providing new premises for the school ”.

97

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

98

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

99

(1) Section 45 of the School Standards and Framework Act 1998 (budget shares of maintained schools) is amended as follows.

(2) After subsection (1) there is inserted—

(1A) In this Chapter “maintained school” means— (a) a community, foundation or voluntary school, (b) a community or foundation special school, or (c) a maintained nursery school.

(3) In subsection (3)—

(a) in paragraph (a), for the words from “schools which” to “section 20(7)” there is substituted “ pupil referral units ”, and

(b) in paragraph (b)(i), for the words “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “ any enactment ”.

100

(1) Section 49 of the School Standards and Framework Act 1998 (maintained schools to have delegated budgets) is amended as follows.

(2) In subsection (4) for “local schools budget” there is substituted “ local authority budget or schools budget ”.

(3) In subsection (6)(b), for “or paragraph 14(2) of Schedule 6” there is substituted “ , paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000 or paragraph 8 of Schedule 8 to the Education Act 2002 ”.

101

In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation), in subsection (5) for the words from “under paragraph 6” onwards there is substituted “ under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act). ”

102

In section 61 of the School Standards and Framework Act 1998 (responsibility of governing body and head teacher for discipline) after subsection (7) there is inserted—

(8) In this section “maintained school” includes a maintained nursery school.

103

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

104

(1) Section 69 of the School Standards and Framework Act 1998 (duty to secure provision of religious education) is amended as follows.

(2) In subsection (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.

(3) In subsection (2), for “section 352(1)(a)” there is substituted “ section 80(1)(a) or 101(1)(a) ”.

105

In section 71 of the School Standards and Framework Act 1998 (exceptions and special arrangements etc.) in subsection (2)(a) for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.

106

In section 72 of the School Standards and Framework Act 1998 (further provisions relating to new schools), in subsection (3)(a) for “section 44” there is substituted “ section 34 of the Education Act 2002 ”.

107

In section 81 of the School Standards and Framework Act 1998 (application of employment law during financial delegation), in subsection (1) for the words from “sections” to the end there is substituted “ sections 35 to 37 of the Education Act 2002 or of regulations under those sections ”.

108

In section 82 of the School Standards and Framework Act 1998 (modification of trust deeds), in subsection (1), after “provision of this Act” there is inserted “ , the Learning and Skills Act 2000 or the Education Act 2002 ”.

109

In section 101 of the School Standards and Framework Act 1998 (permitted selection), in subsection (4), for the words from “under” to the end there is substituted “ , and fallen to be implemented, under any enactment ”.

110

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

111

In section 138 of the School Standards and Framework Act 1998 (orders and regulations) in subsection (4)(a), after “20(7)” there is inserted “ 45C(2), ”.

112

In section 142 of the School Standards and Framework Act 1998 (general interpretation) in subsection (1) after the definition of “employment” there is inserted—

“exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly); “foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;

113

In section 143 of the School Standards and Framework Act 1998 (index)—

(a) in the entry beginning “exclude, exclusion (in relation to the exclusion of a child from a school)” for “section 64(4)” there is substituted “ section 142(1) ”,

(b) in the entry beginning “foundation governor”, for “paragraph 2 of Schedule 9” there is substituted “ section 142(1) ”,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in the entry beginning “qualified teacher” for “qualified teacher” there is substituted “ school teacher ”,

(f) in the entry beginning “school opening date” for “section 44(9)” there is substituted “ section 33(6) ”, and

(g) after the entry beginning “school which has selective admission arrangements” there is inserted—

schools budget (in Part 2)	section 45A(2)

114

In Schedule 3 to the School Standards and Framework Act 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 4(2)(a), for the words from “Part III” to “proposals)” there is substituted “ any enactment ”.

115

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

116

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

117

(1) Schedule 19 to the School Standards and Framework Act 1998 (required provision for religious education) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”, and

(b) in sub-paragraph (2), for “that Act” there is substituted “ the Education Act 1996 ”.

(3) In sub-paragraph 4(4), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.

118

(1) Schedule 22 to the School Standards and Framework Act 1998 (disposal of land) is amended as follows.

(2) In paragraph 1(1)(a) (disposals of land by governing body of foundation, voluntary or foundation special school), after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”.

(3) In paragraph 2(1)(a) (disposals of land by foundation body)—

(a) after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and

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

(4) In paragraph 3 (disposal of land by trustees)—

(a) in sub-paragraph (1)(a)—

(i) after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and

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

(b) in sub-paragraph (8)(b)(ii), for “section 28 or 31” there is substituted “ any enactment ”.

(5) In paragraph 5 (discontinuance of schools)—

(a) for sub-paragraph (1)(a) there is substituted—

(a) proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted or determined to be implemented under any enactment, or

and

(b) in sub-paragraph (4)(c) for “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “ any enactment ”.

(6) In paragraph 7 (disposal of property held by governing body of maintained school on their dissolution), in sub-paragraph (1) for “paragraph 4 of Schedule 10” there is substituted “ paragraph 5 of Schedule 1 to the Education Act 2002 ”.

119

In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.

Protection of Children Act 1999 (c. 14)

120

Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect.

121

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

122

In section 9(2) of the Protection of Children Act 1999 (proceedings of the Tribunal)—

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

(b) at the end there is inserted

or (“) on an appeal under section 166 of the Education Act 2002;

123

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

Learning and Skills Act 2000 (c. 21)

124

(1) Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms by Learning and Skills Council for England) is amended as follows.

(2) In subsection (1)(a) for “local schools budget” there is substituted “ schools budget ”.

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

125

(1) Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms by National Council for Education and Training for Wales) is amended as follows.

(2) In subsection (1)(a) for “local schools budget” there is substituted “ schools budget ”.

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

126

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

Freedom of Information Act 2000 (c. 36)

127

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 52 there is substituted—

(52) The governing body of— (a) a maintained school, as defined by section 20(7) of the School Standards and Framework Act 1998, or (b) a maintained nursery school, as defined by section 22(9) of that Act.

Criminal Justice and Court Services Act 2000 (c. 43)

128

(1) Section 35 of the Criminal Justice and Court Services Act 2000 (persons disqualified from working with children: offences) is amended as follows.

(2) For subsection (4)(b) there is substituted—

(b) he is subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching, &c.), given on the grounds that he is unsuitable to work with children,

(3) Subsection (5) is omitted.

SCHEDULE 22

Part 1 — Repeals coming into force in accordance with section 216(2)

Part 2 — Repeals coming into force in accordance with section 216(3)

Part 3 — Repeals coming into force in accordance with section 216(4)

Power to suspend statutory requirements etc.

Variation or revocation of orders under section 2

Limits on powers conferred by section 11

Collaboration between schools

Limits on power to provide community facilities etc.

Staffing of community, voluntary controlled, community special and maintained nursery schools

Determination of specified budgets of LEA

Power of Secretary of State to appoint additional governors or direct closure

Admission appeals

Power of local authority to provide for governing body to consist of interim executive members

Admission appeals

Power of Secretary of State to appoint additional governors or direct closure

Power of LEA to provide for governing body to consist of interim executive members

Power of Secretary of State to provide for governing body to consist of interim executive members

Governing bodies consisting of interim executive members

Powers of Secretary of State to secure proper performance of LEA’s functions

Requirement to be qualified

Requirement to serve induction period: teachers in England

Application of Chapter to alternative provision Academies that are not independent schools

Early years development and childcare partnerships and plans

Inspections of local authorities: rights of entry etc.

Training and education provided in the workplace for 14 to 16 year olds

Inspections of local authorities: rights of entry etc.

Directions under section 142: appeal

Application of Chapter to alternative provision Academies that are not independent schools

Independent school standards

Consultation with pupils

Meaning of “nursery school” and “primary education”

Regulation of child minding and day care

Training and education provided in the workplace for 14 to 16 year olds

Inspections of local authorities: rights of entry etc.

Sections 132 to 140: general

Duties of LEA in respect of childcare

Allowances in respect of education or training

Expenditure incurred for community purposes

Recoupment: adjustment between local authorities and the YPLA

Welsh LEAs’ powers to make regional provision

Further education institutions: hazardous material, etc.

Recoupment: adjustment between local authorities

Parental preferences

Rights of entry in relation to inspections

Appeal arrangements: general

Parental preferences

Diocesan Boards of Education Measure 1991

Procedure for giving direction under section 96

Appeal arrangements: general

Direction to admit child to specified school

Procedure for giving direction under section 96

Direction to admit child to specified school

Nursery education, special schools and children with statements

...

Parental preferences

Procedure for determining admission arrangements

Appeal arrangements: general

Publication of information

Appeal arrangements: general

Publication of information

Appeal arrangements: general

Direction to admit child to specified school

Nursery education, special schools and children with statements

Education Act 1996 (c. 56)

Nursery education, special schools and children with statements

Diocesan Boards of Education Measure 1991 (1991 No. 2)

Further and Higher Education Act 1992 (c. 13)

School Inspections Act 1996 (c. 57)

School Standards and Framework Act 1998 (c. 31)

Tribunals and Inquiries Act 1992 (c. 53)

Education Act 1996 (c. 56)

Police Act 1997 (c. 50)

Education Act 1996 (c. 56)

Saving and transitional provision

Sex Discrimination Act 1975 (c. 65)

School Standards and Framework Act 1998 (c. 31)

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Public Passenger Vehicles Act 1981 (c. 14)

Special Educational Needs

Education Act 1996 (c. 56)

Learning and Skills Act 2000 (c. 21)

Education Act 1997 (c. 44)

Learning and Skills Act 2000 (c. 21)

Freedom of Information Act 2000 (c. 36)

School Standards and Framework Act 1998 (c. 31)

Education Act 1996 (c. 56)

Duty to report on quality of management etc

Action plans

Constitution of Education Action Forum

Police Act 1997 (c. 50)

School Standards and Framework Act 1998 (c. 31)

Action plans

Approvals for appointment of staff

The Qualifications and Curriculum Authority

The Qualifications, Curriculum and Assessment Authority for Wales

School Inspections Act 1996 (c. 57)

Police Act 1997 (c. 50)

School Standards and Framework Act 1998 (c. 31)

Local Government Act 1972 (c. 70)

School Standards and Framework Act 1998 (c. 31)

Education Reform Act 1988 (c. 40)

Children Act 1989 (c. 14)

Protection of Children Act 1999 (c. 14)

Employment Rights Act 1996 (c. 18)

Education Act 1996 (c. 56)

Protection of Children Act 1999 (c. 14)

Teaching and Higher Education Act 1998 (c. 30)

Police Act 1997 (c. 50)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

Freedom of Information Act 2000 (c. 36)

Editorial notes

[^c382470]: S. 1 partly in force; s. 1 not in force at Royal Assent, see s. 216; s. 1 in force (except for the words "(b) a maintained nursery school" in the list of qualifying schools in s. 1(3)) for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in Sch.)

[^c382473]: S. 2 partly in force; s. 2 not in force at Royal Assent, see s. 216; s. 2 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

[^c382477]: S. 3 partly in force; s. 3 not in force at Royal Assent, see s. 216; s. 3 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

[^c382478]: S. 4 partly in force; s. 4 not in force at Royal Assent, see s. 216; s. 4 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

[^c382479]: S. 5 partly in force; s. 5 not in force at Royal Assent, see s. 216; s. 5 in force for E. at 1.10.2002 by (S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

[^c396165]: S. 11 partly in force; s. 11 not in force at Royal Assent, see s. 216; s. 11 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch.)

[^c396166]: S. 12 partly in force; s. 12 not in force at Royal Assent, see s. 216; s. 12 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch.)

[^c382480]: S. 14 wholly in force at 31.3.2003; s. 14 not in force at Royal Assent, see s. 216; s. 14 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in Sch.); s. 14 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

[^c382483]: S. 15 wholly in force at 31.3.2003; s. 15 not in force at Royal Assent, see s. 216; s. 15 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

[^c382488]: S. 16 wholly in force at 31.3.2003; s. 16 not in force at Royal Assent, see s. 216; s. 16 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

[^c382489]: S. 17 wholly in force at 31.3.2003; s. 17 not in force at Royal Assent, see s. 216; s. 17 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

[^c415693]: S. 18 partly in force; s. 18 not in force at Royal Assent, see s. 216; s. 18(2) in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

[^c382490]: S. 19(6) in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

[^c381693]: S. 27 partly in force; s. 27 not in force at Royal Assent, see s. 216; s. 27 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4 (as amended by S.I. 2002/2018, arts. 2-4)

[^c381827]: S. 27 modified (temp. from 2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 3(1); s. 27 modified (E.) (temp. from 1.10.2002) by S.I. 2002/2316, reg. 3(1)

[^c381696]: S. 28 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4 (as amended by S.I. 2002/2018, arts. 2-4)

[^c381832]: S. 28(3) modified (temp. from 2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 3(2)

[^c382122]: S. 30 modified (temp. from 1.10.2002) by The Education Act 2002 (Modification of Provisions) (England) Regulations 2002 (S.I. 2002/2316), reg. 3(1)

[^c382491]: S. 30 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

[^c382125]: S. 37 modified (E.) (temp. from 1.10.2002) by The Education Act 2002 (Modification of Provisions) (England) Regulations 2002 (S.I. 2002/2316), reg. 3(1)

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