Education Act 2002

(92) Regulations may— (a) require the publication by a local authority of such information relating to admissions as may be prescribed, (b) require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed, (c) require or allow the publication by the governing body of any school maintained by a local authority, or by the local authority on behalf of the governing body, of such information relating to the school as may be prescribed, and (d) make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published.

Appeal arrangements: general

8

• (1) Section 94 of the 1998 Act (appeal arrangements: general) is amended as follows.

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

(1A) A local authority shall make arrangements for enabling the parent of a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

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

(2A) The governing body of a foundation or voluntary aided school shall make arrangements for enabling the parent of a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

• (4) In subsection (3), after “(2)” there is inserted “ or (2A) ”.

• (5) In subsection (4), in paragraph (a), after “(1)” there is inserted “ or (1A) ” and in paragraph (b), after “(2)” there is inserted “ or (2A) ”.

• (6) In subsection (6) for “under Schedule 24” there is substituted “ pursuant to arrangements under this section ”.

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

Appeals relating to children to whom section 87 applies

9

In section 95 of the 1998 Act (appeals relating to children to whom section 87 applies), for subsection (3) there is substituted—

(3) An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations. (3A) Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision— (a) requiring prescribed information to be given to governing bodies in prescribed circumstances, (b) as to the procedure on such appeals, (c) for the payment by the local authority of allowances to members of an appeal panel, and (d) as to the matters to which an appeal panel is to have regard in considering an appeal. (3B) Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel.

Direction to admit child to specified school

10

In section 96(1) of the 1998 Act (direction to admit child to specified school) after “section” there is inserted “ to the governing body of a school for which they are not the admission authority ”.

Procedure for giving direction under section 96

11

• (1) Section 97 of the 1998 Act (procedure for giving direction under section 96) is amended as follows.

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

(4) On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so— (a) where the local authority referred to in subsection (1) are the admission authority for that school, they shall— (i) admit the child to the school, and (ii) give notice in writing to the governing body and head teacher of the school of the Secretary of State’s determination, and (b) in any other case, that school shall be specified in the direction.

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

(6) A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the local authority to the head teacher of the school.

Nursery education, special schools and children with statements

12

• (1) Section 98 of the 1998 Act (admission for nursery education etc) is amended as follows.

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

(2) The admission of children to a school for nursery education shall be disregarded— (a) for the purposes of any determination under section 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and (b) in determining for the purposes of section 89A what is a relevant age group in relation to a primary school.

• (3) In subsection (3), after “Chapter” there is inserted “ apart from subsections (4A) and (4B) ”.

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

(4A) The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school. (4B) Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.

• (5) In subsection (8) after “this section” there is inserted “ , apart from subsections (4A) and (4B), ”.

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

(9) Such children shall, in addition, be taken into account for the purposes of— (a) the references in section 86(5), (5B) and (9) to a number of pupils, and (b) any determination under section 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.

Diocesan Boards of Education Measure 1991

13.

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

Education Act 1996

14

In section 439(2) of the Education Act 1996 (c. 56) (specification of school intended to be named in a school attendance order), for “fixed in accordance with section 93 of the School Standards and Framework Act 1998 (fixing admission numbers)” there is substituted “ determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers) ”.

SCHEDULE 5

1

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

2

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

3

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

SCHEDULE 6

Interpretation of Schedule

1

• (1) In this Schedule—

• “the appropriate authority” means— where this Schedule applies by virtue of a notice under section 16A(1), the local education authority who gave the notice, and where this Schedule applies by virtue of a notice under section 18A(1), the Secretary of State;

• “existing governors”, in relation to a school in respect of which a notice under section 16A(1) or 18A(1) has been given, means the governors who hold office immediately before the governing body becomes constituted in accordance with this Schedule;

• “the interim period”, in relation to a school in respect of which a notice under section 16A(1) or 18A(1) has been given, means the period during which the governing body is constituted in accordance with this Schedule;

• “a normally constituted governing body” means a governing body constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002 (governing bodies).

• (2) In this Schedule any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.

Governing body to consist of members appointed by appropriate authority

2

• (1) The governing body of the school shall consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002.

• (2) In the following provisions of this Schedule—

• (a) the governing body as constituted in accordance with this Schedule is referred to as “the interim executive board”, and

• (b) the members of the governing body as so constituted are referred to as “interim executive members”.

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

3

• (1) On the date specified in the notice under section 16A(1) or 18A(1), the existing governors shall vacate office.

• (2) Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member.

• (3) During the interim period, any reference in any provision contained in, or made under, the Education Acts to a governor or foundation governor of a school shall have effect, in relation to the school, as a reference to an interim executive member.

• (4) During the interim period, section 83 (modification of provisions making governors of foundation or voluntary school ex officio trustees) shall have effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members.

Interim executive members

4

• (1) The number of interim executive members must not be less than two.

• (2) The initial appointment of interim executive members shall be made so as to take effect on the date specified in the notice under section 16A(1) or 18A(1).

• (3) The appropriate authority may appoint further interim executive members at any time during the interim period.

5

• (1) Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of his appointment.

• (2) An interim executive member—

• (a) shall hold office in accordance with the terms of his appointment and subject to paragraph 18, and

• (b) may at any time be removed from office by the appropriate authority for incapacity or misbehaviour.

• (3) The terms of appointment of an interim executive member may provide for his appointment to be terminable by the appropriate authority by notice.

Duty of appropriate authority to inform other persons

6

• (1) The appropriate authority shall give a copy of the notice under section 16A(1) or 18A(1) and of every instrument of appointment of an interim executive member—

• (a) to every interim executive member,

• (b) to every existing governor of the school,

• (c) where the local education authority are the appropriate authority, to the Secretary of State,

• (d) where the Secretary of State is the appropriate authority, to the local education authority,

• (e) in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, to the appropriate diocesan authority, and

• (f) in the case of any other foundation or voluntary school, to the person or persons by whom the foundation governors are appointed.

• (2) A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment.

Power to specify duration of interim period

7

The appropriate authority may in the notice under section 16A(1) or 18A(1) specify the duration of the interim period.

Chairman

8

The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.

Remuneration and allowances

9

The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.

Duty of interim executive board

10

• (1) During the interim period, the interim executive board shall conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school.

• (2) Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.

Proceedings of interim executive board

11

• (1) The interim executive board may determine their own procedure.

• (2) The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.

Effect on suspension of delegated budget

12

• (1) If immediately before the date specified in a notice under section 16A(1) or 18A(1) the school does not have a delegated budget, the suspension of the governing body’s right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date.

• (2) If a notice under paragraph 1 of Schedule 15 (suspension of delegated budget for mismanagement etc.) has been given to the governing body before the date specified in a notice under section 16A(1) or 18A(1) but has not yet taken effect, the notice shall cease to have effect on that date.

• (3) During the interim period, the local education authority may not exercise the power conferred by section 17 (power to suspend right to delegated budget).

• (4) Sub-paragraph (1) is to be construed in accordance with section 49(7).

Exclusion of certain statutory provisions

13

• (1) Regulations made by virtue of subsection (2) or (3) of section 19 of the Education Act 2002 (governing bodies) shall not apply in relation to the interim executive board.

• (2) The instrument of government of the school shall not, so far as it relates to the constitution of the governing body, have effect in relation to the interim executive board.

14

During the interim period—

• (a) the local education authority may not exercise any power conferred by section 16 (power to appoint additional governors), and

• (b) the Secretary of State may not exercise any power conferred by section 18 (power to appoint additional governors).

Closure of school

15

• (1) At any time during the interim period, the interim executive board may, if they think fit, make a report to the local education authority and the Secretary of State recommending that the school be discontinued, and stating the reasons for that recommendation.

• (2) The interim executive board may not—

• (a) publish under section 29(2) proposals to discontinue the school, or

• (b) serve notice under section 30(2).

16

• (1) Where during the interim period—

• (a) the Secretary of State gives a direction under section 19(1) or 32(1) in relation to the school, or

• (b) the local education authority determine to discontinue the school,

the interim period shall continue until the discontinuance date, even where it would otherwise end before that date.

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

• (a) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6,

• (b) the date on which the school is discontinued under section 30, or

• (c) the date specified in the direction under section 19(1) or 32(1),

as the case may be.

Notice of resumption of government by normally constituted governing body

17

• (1) Where—

• (a) the notice under section 16A(1) or 18A(1) did not specify the duration of the interim period, and

• (b) paragraph 16 does not apply,

the appropriate authority may give notice to the persons mentioned in sub-paragraph (2) specifying a date on which the governing body are to become a normally constituted governing body.

• (2) The persons referred to in sub-paragraph (1) are—

• (a) every interim executive member,

• (b) where the local education authority are the appropriate authority, the Secretary of State,

• (c) where the Secretary of State is the appropriate authority, the local education authority,

• (d) in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

• (e) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

Time when interim executive members cease to hold office

18

• (1) The interim executive members shall vacate office—

• (a) in a case where paragraph 16 applies, on the discontinuance date within the meaning of that paragraph,

• (b) in a case where that paragraph does not apply and the notice under section 16A(1) or 18A(1) specified the duration of the interim period, at the end of the specified period, and

• (c) in any other case, on the date specified under paragraph 17 (1).

• (2) Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of his appointment.

Establishment of normally constituted governing body

19

• (1) Where interim executive members are to vacate office on the date referred to in paragraph 18(1)(b) or (c), the local education authority shall make arrangements providing for the constitution of the governing body on and after that date.

• (2) Regulations may make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition—

• (a) modify any provision made under any of sections 19, 20 and 23 of the Education Act 2002 or by Schedule 1 to that Act,

• (b) apply any such provision with or without modifications, and

• (c) make provision corresponding to or similar to any such provision.

• (3) The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.

SCHEDULE 7

Part 1 — Land

1

In the Education Act 1996 (c. 56), the following Schedule is inserted after Schedule 35—

SCHEDULE 35A (1) (1) The Secretary of State may make a scheme in relation to land if these requirements are met— (a) a local authority holds a freehold or leasehold interest in the land when the scheme is made; (b) at any time in the period of eight years ending with the day on which the scheme is made the land was used wholly or mainly for the purposes of a county school or community school; (c) at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used; (d) before making the scheme the Secretary of State consulted the authority. (2) The Secretary of State may also make a scheme in relation to land if these requirements are met— (a) a local authority holds a freehold or leasehold interest in the land when the scheme is made; (b) the land forms the whole or part of a site specified in a notice published under section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education) as a possible site for a new school; (c) before making the scheme, the Secretary of State consulted the authority. (3) These requirements must be met as regards a scheme under sub-paragraph (1) or (2)— (a) the scheme must provide for a transfer of the authority’s interest in the land or in such part of it as is specified in the scheme; (b) the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of an Academy; (c) the transfer must be made to the transferee for the purposes of the Academy; (d) in the case of a scheme under sub-paragraph (2), the Academy must have been the subject of proposals published under section 70 of the Education Act 2002; (e) the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned. (4) In sub-paragraph (3) the reference to a right or liability— (a) includes a reference to a right or liability as a trustee, but (b) excludes a reference to a liability in respect of the principal of or interest on a loan. (5) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. (6) A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b). (7) A scheme comes into force— (a) on the day it specifies for it to come into force, or (b) on the day it otherwise identifies as the day for it to come into force. (8) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies. (9) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person. (2) (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it, and (c) at any time in the period of eight years ending with the day on which the disposal, contract or option is proposed to be made, entered into or granted, the land was used wholly or mainly for the purposes of a county school or community school. (2) Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option. (3) Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph. (4) Sub-paragraph (2) does not apply to— (a) a disposal in favour of a person for the purposes of an Academy and for no consideration; (b) a contract to make such a disposal; (c) a grant of an option for a person to make an acquisition for the purposes of an Academy and for no consideration. (5) A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2). (6) A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given. (3) (1) This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2). (2) In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised. (3) In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed. (4) A repudiation under sub-paragraph (2) or (3) has effect— (a) when the notice is served, and (b) as if the repudiation were made by the authority. (5) In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily. (6) The Acquisition of Land Act 1981 (c. 67) is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5). (7) On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy. (8) If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of— (a) the compensation agreed or awarded in respect of the purchase, (b) any interest payable by him in respect of the compensation, and (c) the costs and expenses incurred by him in connection with the making of the compulsory purchase order. (9) The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5). (4) (1) For the purposes of paragraphs 2 and 3— (a) references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest; (b) references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest. (2) If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest. (5) (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972 (c. 70), and (c) at any time in the period of eight years ending with the day on which the appropriation is proposed to be made the land was used wholly or mainly for the purposes of a county school or community school. (2) Unless the Secretary of State consents, the authority must not make the appropriation. (6) (1) This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2). (2) The Secretary of State may purchase the interest concerned compulsorily. (3) Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5). (7) (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school, and (c) at any time in the period of eight years ending with the date of the proposed change of use the land was used wholly or mainly for the purposes of a county school or community school. (2) The authority must inform the Secretary of State of the proposal. (8) (1) This paragraph applies if— (a) a freehold or leasehold interest in land is transferred from a local authority on or after 28th July 2000, (b) the transfer is made to a person for the purposes of an Academy, and (c) the first or the second condition set out below is satisfied. (2) The first condition is that— (a) the school concerned ceases to be an Academy, and (b) immediately before the school ceases to be an Academy the interest is held by a person for the purposes of the Academy. (3) The second condition is that, although the school concerned continues to be an Academy, the interest ceases to be held for the purposes of the Academy. (4) This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1. (5) Sub-paragraph (2) applies whether or not, on the school ceasing to be an Academy, it simultaneously ceases to function as a school. (6) The Secretary of State may make a scheme providing for the transfer of the interest— (a) from the person holding it; (b) to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made. (7) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. (8) A scheme comes into force on the day it specifies for it to come into force. (9) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies. (10) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person. (9) Where— (a) a freehold or leasehold interest in land is transferred for no consideration from a local authority to a person for the purposes of an Academy (whether or not by virtue of a scheme under paragraph 1), and (b) at any time on or after the day on which this Schedule comes into force the authority is granted an option to make a re-acquisition of the interest (subject to whatever conditions), the rule against perpetuities does not apply to the option. (10) (1) Where a lease is granted by or transferred from a local authority to a person for the purposes of an Academy on or after the day on which this Schedule comes into force, section 153 of the Law of Property Act 1925 (c.20) (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease. (2) Section 123(2) of the Local Government Act 1972 (c. 70) (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of an Academy. (3) Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made— (a) to a person for the purposes of an Academy, and (b) for no consideration. (4) Section 77(1) of the School Standards and Framework Act 1998 (c. 31) (restriction on disposal of playing fields) does not apply to a disposal which is made— (a) by a local authority (within the meaning of that section) to a person for the purposes of an Academy, and (b) for no consideration. (11) Regulations under this Schedule may in particular include— (a) provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1; (b) provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1; (c) provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1; (d) provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land; (e) provision treating such an authority as having given acknowledgement in writing of the right to production of documents; (f) provision that consent under paragraph 2 is to be sought in a specified way; (g) provision that information is to be given under paragraph 7 in a specified way. (12) For the purposes of paragraphs 2(2) and 5(2), the consent of the Secretary of State— (a) may be given in relation to a particular case or class of case, and (b) may be given subject to conditions. (13) A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.

Part 2 — Miscellaneous

Environmental Protection Act 1990 (c. 43)

2

In section 98 of the Environmental Protection Act 1990 (definitions), in subsection (2)(e), for the words from “city academy” to “1996” there is substituted “ Academy ”.

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

3.

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

Further and Higher Education Act 1992 (c. 13)

4

In section 54 of the Further and Higher Education Act 1992 (duty to give information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.

Disability Discrimination Act 1995 (c. 50)

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

Education Act 1996 (c. 56)

6

• (1) The Education Act 1996 has effect subject to the following amendments.

• (2) In section 2 (definition of “secondary education” etc), in subsection (2A)(a), after “local authority” there is inserted “ or is an Academy ”.

• (3) In section 316 (children with special educational needs), in subsection (4)(b)(iii), for “a city academy” there is substituted “ an Academy ”.

• (4) In section 483A (special educational needs)—

• (a) in subsection (2)(b), for “a city academy” there is substituted “ an Academy ”, and

• (b) subsection (7) shall cease to have effect.

• (5) In section 537 (power to require information), in subsection (7)(b), for “city academy” there is substituted “ Academy ”.

• (6) In section 541 (power to require provision of information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.

• (7) In section 550B (detention), in subsection (2)(c), for “city academy” there is substituted “ Academy ”.

• (8) In section 580 (index), at the appropriate place in the table there is inserted—

Academy	section 482

School Inspections Act 1996 (c. 57)

7

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

Education Act 1997 (c. 44)

8

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

School Standards and Framework Act 1998 (c. 31)

9

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

Learning and Skills Act 2000 (c. 21)

10

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

SCHEDULE 8

Introductory

1

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

Procedure before approval by Secretary of State

2

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

Approval of proposals for maintained schools

3

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

Negotiations to establish an Academy

4

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

Requirement to implement proposal to establish maintained school

5

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

Proposal relating to community school

6

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

Proposal relating to foundation or voluntary controlled schools

7

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

Proposal relating to voluntary aided schools

8

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

Proposal relating to Academies

9

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

SCHEDULE 9

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

SCHEDULE 10

Proposals for establishment, alteration and discontinuance of schools

1

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

2

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3

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4

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5

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6

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

Proposals for rationalisation of school places

7

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8

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

9

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10

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

Proposals in relation to sixth forms

11

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12

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13

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14

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15

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SCHEDULE 11

Membership

1

There shall be not less than five or more than nine members of the Body (including the chairman).

2

A member shall hold and vacate office in accordance with the terms of his appointment (subject to the following provisions of this Schedule).

3

A member may resign by notice in writing to the Secretary of State.

4

The Secretary of State may by notice in writing dismiss a member if the member—

• (a) is made bankrupt or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),

• (b) enters into an arrangement with his creditors, or

• (c) is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his duties whether by reason of physical or mental illness or otherwise.

5

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for the entry relating to the body established under the School Teachers’ Pay and Conditions Act 1991 (c. 49) there shall be substituted the following—

Member, in receipt of remuneration, of the School Teachers’ Review Body.

Chairman

6

The chairman may by notice in writing to the Prime Minister—

• (a) resign as chairman, or

• (b) resign as chairman and as a member of the Body.

7

Paragraph 4 shall apply to the chairman and for that purpose—

• (a) a reference to the Secretary of State shall be taken as a reference to the Prime Minister, and

• (b) the power may be exercised so as to dismiss the chairman only from that office or also from membership of the Body.

8

If the chairman ceases to be a member of the Body he also ceases to be chairman.

Deputy Chairman

9

The Secretary of State may appoint a member of the Body to act as deputy chairman.

10

The deputy chairman may by notice in writing to the Secretary of State—

• (a) resign as deputy chairman, or

• (b) resign as deputy chairman and as a member of the Body.

11

If the deputy chairman ceases to be a member of the Body he also ceases to be deputy chairman.

Money

12

• (1) This paragraph applies to—

• (a) a member of the Body;

• (b) the chairman;

• (c) the deputy chairman.

• (2) The Secretary of State may pay remuneration and allowances to a person to whom this paragraph applies.

• (3) The Secretary of State may make payments to or in respect of a person to whom this paragraph applies by way of or in connection with—

• (a) a pension;

• (b) an allowance or gratuity on retirement or death.

• (4) The Secretary of State may pay compensation to a person who ceases to be a member of the Body if the Secretary of State thinks it right by reason of special circumstances.

Proceedings

13

The Body shall determine their own proceedings (including any provision for a quorum).

14

The validity of proceedings of the Body shall not be affected by—

• (a) a vacancy in the membership,

• (b) a vacancy in the position of chairman, or

• (c) a defect in the appointment of a member.

Transitional provision

15

An appointment made by the Prime Minister under section 1(1) of the School Teachers’ Pay and Conditions Act 1991 (c. 49) shall continue to have effect, subject to paragraphs 3, 4 and 6 to 11, after the commencement of this Schedule.

SCHEDULE 12

Part 1 — Amendments of Teaching and Higher Education Act 1998

1

The Teaching and Higher Education Act 1998 (c. 30) is amended as follows.

2

In section 2 (which relates to the advisory functions of the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales), in subsection (2) before the word “and” immediately following paragraph (e) there is inserted—

(ee) the supply of teachers; (ef) the retention of teachers within the teaching profession; (eg) the standing of the teaching profession;

.

3

• (1) Section 3 (which relates to the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.

• (2) In subsection (1) for “a register of teachers” there is substituted “ a register for the purposes of this Chapter ”.

• (3) In subsection (2), for “registration” there is substituted “ full or provisional registration ”.

• (4) In subsection (3) for “registration”, where first occurring and in paragraph (b), there is substituted “ full registration ”.

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

(3A) A person is eligible for provisional registration if he satisfies such conditions as may be prescribed. (3B) A person is not eligible for provisional registration or full registration unless at the relevant time the Council are or were satisfied as to his suitability to be a teacher. (3C) In subsection (3B) “the relevant time” means— (a) in relation to an applicant for provisional registration or an applicant for full registration who is already registered with provisional registration, the time of provisional registration, or (b) in the case of an applicant for full registration who is not already registered with provisional registration, the time of full registration. (3D) Regulations may provide that any prescribed description of person is, or is not, to be taken to be suitable to be a teacher.

• (6) In subsection (4), for “registration” there is substituted “ full registration ”.

4

• (1) Section 4 (which relates to regulations about the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.

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

(ba) the service on applicants for registration of notice of the Council’s decision to grant or refuse the application and, in the case of a refusal, of the grounds on which the decision was taken and (where applicable) of the applicant’s right to appeal against the decision under section 4A;

.

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

(4A) The Council, in exercising any power to fix fees authorised by virtue of subsection (4), shall have regard to the expenditure of the Council in exercising— (a) their functions under this Act relating to registration, and (b) all other functions conferred on them under this Act or any other enactment.

• (4) After subsection (5) there is inserted—

(6) In this section “registration” means full registration or provisional registration.

5

After section 4 there is inserted—

(4A) (1) Regulations shall make provision for conferring on a person aggrieved by a decision made on relevant grounds to refuse an application made by him for registration under section 3 a right to appeal against the decision to the High Court within 28 days from the date on which notice of the decision is served on him. (2) The reference in subsection (1) to a decision made on relevant grounds is to a decision made on the ground that at the relevant time the Council were not satisfied of the applicant’s suitability to be a teacher. (3) On such an appeal the Court may make any order which appears appropriate. (4) No appeal shall lie from any decision of the Court on such an appeal.

6

After section 6 there is inserted—

(6A) (1) The Council may undertake activities designed to promote the standing of the teaching profession. (2) Without prejudice to the generality of subsection (1), such activities may include— (a) giving advice, (b) organising conferences and lectures, and (c) arranging for the publication of material in any form.

7

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

8

In section 12 (deduction of fees from salaries etc) in subsection (4), after “section—” there is inserted—

“registration” means full registration or provisional registration;

.

9

In section 42 (orders and regulations), in subsection (2) (a) (orders subject to negative resolution procedure), after “section 7 or 8” there is inserted “ or paragraph 18 of Schedule 1 ”.

10

In section 43(1) (general interpretation), in the definition of “registered teacher” after “section 3” there is inserted “ with full or provisional registration ”.

11

In Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted—

(18) (1) The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of removing or relaxing any control exercisable by him by virtue of any of the provisions of this Schedule specified in sub-paragraph (2). (2) Those provisions are— (a) paragraph 2(3), (b) paragraph 4, (c) paragraph 5, (d) paragraph 6, (e) paragraph 11 (f) paragraph 14(2).

12

• (1) Schedule 2 (disciplinary powers of Council) is amended as follows.

• (2) For paragraph 4 (suspension orders) there is substituted—

(4) (1) Where a suspension order is made in relation to a person— (a) he shall cease to be eligible for registration under section 3, and (b) if he is a registered person at the time when the order is made, his name shall be removed from the register accordingly, but, subject to sub-paragraph (2), he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order. (2) A suspension order may specify conditions to be complied with by the person to whom the order relates and where it does so— (a) that person shall become eligible again for registration under section 3 at the end of the period specified under sub-paragraph (1) only if he has then complied with the conditions; and (b) if he has not then complied with the conditions, he shall not become so eligible again until he has complied with the conditions. (3) Sub-paragraphs (a) and (b) of paragraph 3(2) apply in relation to a suspension order as they apply in relation to a conditional registration order. (4) A person in relation to whom conditions have been specified in a suspension order may, in accordance with regulations, apply to the Council for them to vary or revoke any of the conditions.

• (3) In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted—

(1A) References in this Schedule to registration under section 3 are references to registration under that section with full or provisional registration.

Part 2 — Amendments of other enactments

13

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

14

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

15

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

SCHEDULE 13

Consent to checks on suitability

1

In section 79B of the Children Act 1989 (c. 41) (persons qualified for registration for child minding or day care), after subsection (5) there is inserted—

(5A) Where, for the purposes of determining a person’s qualification for registration under this Part— (a) the registration authority requests any person (“A”) to consent to the disclosure to the authority by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and (b) A does not give his consent (or withdraws it after having given it), the registration authority may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.

Suspension of registration

2

In section 79H of that Act (suspension of registration), after subsection (2) there is inserted—

(3) A person registered under this Part for child minding by the Chief Inspector shall not act as a child minder in England at a time when that registration is suspended in accordance with regulations under this section. (4) A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended. (5) A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended. (6) If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Rights of appeal in relation to registration

3

• (1) Section 79M of that Act (appeals) is amended as follows.

• (2) In subsection (1), after paragraph (b) there is inserted

or (c) a determination made by the registration authority under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,

.

• (3) In subsection (2)(a), after “order” there is inserted “ or determination ”.

Inspections by Chief Inspector

4

• (1) Section 79Q of that Act (inspection of childminding and day care) is amended as follows.

• (2) In subsection (2), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any child minding provided in England by a registered person ”.

• (3) In subsection (3), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any day care provided by a registered person on any premises in England ”.

Rights of entry etc.

5

• (1) Section 79U of that Act (rights of entry etc.) is amended as follows.

• (2) In subsection (1), for “An authorised inspector” there is substituted “ Any person authorised for the purposes of this subsection by the registration authority ”.

• (3) In subsection (2), for “an authorised inspector” there is substituted “ a person who is authorised for the purposes of this subsection by the registration authority ”.

• (4) After that subsection there is inserted—

(2A) Authorisation under subsection (1) or (2)— (a) may be given for a particular occasion or period; (b) may be given subject to conditions.

• (5) In subsection (3), for the words from “An inspector” to “may-” there is substituted “ A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))— ”.

• (6) Subsection (5) shall cease to have effect.

• (7) In subsection (9), the definition of “authorised inspector” shall cease to have effect.

Disqualification for registration

6

In paragraph 4 of Schedule 9A to that Act (disqualification for registration for child minding and day care), after sub-paragraph (3) there is inserted—

(3A) Regulations under this paragraph may provide for a person not to be disqualified for registration by reason of any fact which would otherwise cause him to be disqualified if— (a) he has disclosed the fact to the registration authority, and (b) the registration authority has consented in writing to his registration and has not withdrawn that consent.

Disclosure of criminal record

7

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

8

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

SCHEDULE 14

Conduct of inspections by Inspectorate

1

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

Registration of inspectors

2

• (1) Paragraph 8 of that Schedule (registration of inspectors) is amended as follows.

• (2) In sub-paragraph (3), for “(5)(c)” there is substituted “ (5B) ”.

• (3) For sub-paragraphs (4) and (5) there is substituted—

(4) Subject to that, the Chief Inspector shall register such persons as he considers appropriate. (5) The factors which the Chief Inspector may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of England and Wales. (5A) The Chief Inspector may require payment of a fee before registering a person under sub-paragraph (4). (5B) Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector considers it appropriate to impose.

• (4) In sub-paragraphs (6) and (7), for “(5)(c)” there is substituted “ (5B) ”.

• (5) Sub-paragraph (9) shall cease to have effect.

3

In paragraph 9 of that Schedule (removal from register), in sub-paragraphs (2)(c) and (4), for “paragraph 8(5)(c)” there is substituted “ paragraph 8(5B) ”.

4

In section 79P(3) of the Children Act 1989 (c. 41) (early years child care inspectorate), for “to (9)” there is substituted “ to (8) ”.

Appeals

5

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

6

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7

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SCHEDULE 15

Introductory

1

Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.

Establishment of education action zones

2

• (1) In section 10, in subsection (1) for “maintained schools” there is substituted “ eligible schools ”.

• (2) After that subsection there is inserted—

(1A) For the purposes of subsection (1) “eligible school” means— (a) a maintained school; (b) a nursery school; (c) a pupil referral unit; or (d) an independent school.

• (3) Subsection (3) of that section is omitted.

• (4) In subsection (4) of that section, for “, (2) or (3)” there is substituted “ or (2) ”.

• (5) In subsection (6) of that section, for paragraphs (a) and (b) there is substituted—

(a) references to a governing body— (i) in relation to an independent school (other than an Academy, city technology college or city college for the technology of the arts), are to the proprietor of the school, and (ii) in relation to a new school, include the temporary governing body of the school; (b) “participating school”, in relation to an education action zone, means one of the schools that— (i) for the time being is included in the order under subsection (1), or (ii) has been added to the zone by virtue of section 11B, other than a school that has been removed from the zone in accordance with section 11C; (c) “pupil referral unit” has the same meaning as in section 19 of the Education Act 1996 (c. 56); (d) “new school” has the meaning given in section 72(3).

• (6) Subsection (7) of that section is omitted.

Constitution of Education Action Forum

3

In section 11, the following provisions are omitted—

• (a) in subsection (2) the words from “and” to the end, and

• (b) subsection (3).

4

After that section there is inserted—

(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

5

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

8

• (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

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

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

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

Inspections by members of the Inspectorate etc.

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

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

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

Destination of reports on inspections of maintained schools

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

Action plans

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

Approvals for appointment of staff

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

SCHEDULE 17

The Qualifications and Curriculum Authority

1

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

2

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

3

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

4

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

The Qualifications, Curriculum and Assessment Authority for Wales

5

• (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.

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

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.

7

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

8

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

Provisions extending to Northern Ireland

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

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.

4

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

5

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

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

7

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

8

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

9

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

10

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

11

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

12

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

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

1

The Education Act 1996 is amended as follows.

2

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

3

After section 509 there is inserted—