Education Act 2005

(18B) (1) Her Majesty's Chief Inspector of Schools in England (“the Chief Inspector”) may inspect and report on— (a) any initial training of teachers, or specialist teaching assistants, for schools, or (b) any in-service training of such teachers or assistants, which is provided by a training provider. (2) When asked to do so by the Secretary of State, the Chief Inspector must— (a) give advice to the Secretary of State on such matters connected with training falling within subsection (1)(a) or (b) as may be specified in the Secretary of State's request; (b) inspect and report on such one or more relevant training providers in England as may be so specified. (3) The Chief Inspector may at any time give advice to— (a) the Secretary of State, (b) the Training and Development Agency for Schools, or (c) the General Teaching Council for England, on any matter connected with training falling within subsection (1)(a) or (b). (4) The Chief Inspector may— (a) make such reports of inspections carried out by him under this section as he considers appropriate, and (b) arrange for any such report to be published in such manner as he considers appropriate, and subsections (2) to (4) of section 11 of the 2005 Act (publication of inspection reports) apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section. (5) When inspecting a training provider under this section, the Chief Inspector has at all reasonable times— (a) a right of entry to the premises of the training provider, and (b) a right to inspect, and take copies of, any records kept by the training provider, and any other documents containing information relating to the training provider, which he considers relevant to the exercise of his functions under this section; and section 58 of the 2005 Act (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of the 2005 Act. (6) Without prejudice to subsection (5), a training provider to which an inspection under this section relates— (a) must give the Chief Inspector all assistance in connection with the exercise of his functions under this section which he is reasonably able to give, and (b) must secure that all such assistance is also given by persons who work for the training provider. (7) The Chief Inspector may not carry out any inspection under subsection (1) unless— (a) at least eight weeks previously, he has given notice of his intention to carry out the inspection— (i) to the training provider concerned, or (ii) where the training is provided by a partnership or association of training providers, to one of those training providers, or (b) with the agreement of that training provider or (as the case may be) one of those training providers, he has given it shorter notice of that intention. (8) Any notice under subsection (7)— (a) must be given in writing, and (b) may be sent by post; and any such notice may (without prejudice to any other lawful method of giving it) be addressed to a training provider at any address which the training provider has notified to the Training and Development Agency for Schools as its address. (9) Nothing in this section confers any right or imposes any duty, whether as regards the carrying out of any inspection or otherwise, in relation to any course which consists of instruction given wholly or mainly for purposes other than training falling within subsection (1)(a) or (b). (10) Any reference in this section to the Chief Inspector is to be read, in relation to any inspection which he is authorised or required to carry out under this section, as including a reference to any person authorised to act on his behalf under paragraph 5(1) or (2) of Schedule 1 to the 2005 Act. (11) Nothing in this section is to be taken as prejudicing the generality of sections 2 to 4 of, or paragraph 5(1) or (2) of Schedule 1 to, the 2005 Act. (12) In this section— (a) “the 2005 Act” means the Education Act 2005; (b) “training provider” has the same meaning as in Part 3 of the 2005 Act; (c) “relevant training provider” means any training provider who provides training falling within subsection (1)(a) or (b); (d) “in-service training” includes any training provided to a teacher serving an induction period (within the meaning of section 19 of the Teaching and Higher Education Act 1998); (e) “documents” and “records” each include information recorded in any form. (18C) (1) Her Majesty's Chief Inspector of Education and Training in Wales (“the Chief Inspector”) may inspect and report on— (a) any initial training of teachers, or specialist teaching assistants, for schools, or (b) any in-service training of such teachers or assistants, which is provided by a training provider in Wales. (2) When asked to do so by the National Assembly for Wales, the Chief Inspector must— (a) give advice to the Assembly on such matters connected with training falling within subsection (1)(a) or (b) as may be specified in the Assembly's request; (b) inspect and report on such one or more relevant training providers as may be so specified. (3) The Chief Inspector may at any time give advice to— (a) the Assembly, (b) a funding agency, or (c) the General Teaching Council for Wales, on any matter connected with training falling within subsection (1)(a) or (b). (4) The Chief Inspector may— (a) make such reports of inspections carried out by him under this section as he considers appropriate, and (b) arrange for any such report to be published in such manner as he considers appropriate, and subsections (2) to (4) of section 29 of the 2005 Act (publication of inspection reports) apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section. (5) When inspecting a training provider under this section, the Chief Inspector has at all reasonable times— (a) a right of entry to the premises of the training provider, and (b) a right to inspect, and take copies of, any records kept by the training provider, and any other documents containing information relating to the training provider, which he considers relevant to the exercise of his functions under this section; and section 58 of the 2005 Act (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of the 2005 Act. (6) Without prejudice to subsection (5), a training provider to which an inspection under this section relates— (a) must give the Chief Inspector all assistance in connection with the exercise of his functions under this section which he is reasonably able to give, and (b) must secure that all such assistance is also given by persons who work for the training provider. (7) The Chief Inspector may not carry out any inspection under subsection (1) unless— (a) at least eight weeks previously, he has given notice of his intention to carry out the inspection— (i) to the training provider concerned, or (ii) where the training is provided by a partnership or association of training providers, to one of those training providers, or (b) with the agreement of that training provider or (as the case may be) one of those training providers, he has given it shorter notice of that intention. (8) Any notice under subsection (7)— (a) must be given in writing, and (b) may be sent by post; and any such notice may (without prejudice to any other lawful method of giving it) be addressed to a training provider at any address which the training provider has notified to a funding agency as its address. (9) Nothing in this section confers any right or imposes any duty, whether as regards the carrying out of any inspection or otherwise, in relation to any course which consists of instruction given wholly or mainly for purposes other than training falling within subsection (1)(a) or (b). (10) Any reference in this section to the Chief Inspector is to be read, in relation to any inspection which he is authorised or required to carry out under this section, as including a reference to any person authorised to act on his behalf under paragraph 5(1) or (2) of Schedule 2 to the 2005 Act. (11) Nothing in this section is to be taken as prejudicing the generality of sections 20 to 23 of, or paragraph 5(1) or (2) of Schedule 2 to, the 2005 Act. (12) In this section— (a) “the 2005 Act” means the Education Act 2005; (b) “funding agency” means the Higher Education Funding Council for Wales or the Training and Development Agency for Schools; (c) “training provider” has the same meaning as in Part 3 of the 2005 Act; (d) “relevant training provider” means any training provider who provides training falling within subsection (1)(a) or (b); (e) “in-service training” includes any training provided to a teacher serving an induction period (within the meaning of section 19 of the Teaching and Higher Education Act 1998); (f) “documents” and “records” each include information recorded in any form.

14

In section 19 of the Education Act 1994 (interpretation)—

• (a) omit subsections (1) to (4), and

• (b) in subsection (5), for “Other expressions, if” substitute “ Expressions ”.

15

Omit Schedule 1 to the Education Act 1994.

Education Act 1996 (c. 56)

16

• (1) Section 398 of the Education Act 1996 (no requirements of attendance at Sunday school etc.) is amended as follows.

• (2) In paragraph (b) for “teacher training” substitute “ any training for members of the school workforce ”.

• (3) Renumber the section as so amended as subsection (1), and at the end insert—

(2) In subsection (1)(b), the reference to training for members of the school workforce is to be read in accordance with sections 75(5) and 96(1) of the Education Act 2005.

17

• (1) Section 450 of the Education Act 1996 (prohibition of charges for admission) is amended as follows.

• (2) In subsection (2), for paragraph (c) substitute—

(c) training for members of the school workforce.

• (3) After that subsection insert—

(3) In subsection (2)(c), the reference to training for members of the school workforce is to be read in accordance with sections 75(5) and 96(1) of the Education Act 2005.

Audit Commission Act 1998 (c. 18)

18

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Teaching and Higher Education Act 1998 (c. 30)

19

• (1) Section 26 of the Teaching and Higher Education Act 1998 (which relates to the imposition of conditions as to fees at higher education institutions and is to be repealed by the Higher Education Act 2004 (c. 8)) is amended as follows.

• (2) In subsection (3)—

• (a) for “section 7(1) of the 1994 Act” substitute “ section 81(1), 82(1) or 88(1) of the 2005 Act ”,

• (b) in paragraph (c), for “Teacher Training Agency” substitute “ Training and Development Agency for Schools ”, and

• (c) for “section 5 of the 1994 Act” substitute “ section 78 or 86 of the 2005 Act ”.

• (3) In subsection (9)—

• (a) for the definition of “the 1994 Act” substitute—

“the 2005 Act” means the Education Act 2005;

,

• (b) after the definition of “course” insert—

“governing body”, in relation to a training provider within the meaning of Part 3 of the 2005 Act who would not apart from this subsection be regarded as an institution, means the training provider; “institution” includes any training provider within the meaning of Part 3 of the 2005 Act (whether or not the training provider would apart from this subsection be regarded as an institution);

.

• (4) In subsection (11)—

• (a) for “the 1994 Act” substitute “ the 2005 Act ”, and

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

20

• (1) In section 28(1) of the Teaching and Higher Education Act 1998 (interpretation of Chapter 1 of Part 2), in the definition of “publicly-funded institution” (which is to be repealed by the Higher Education Act 2004 (c. 8)), for “section 5 of the Education Act 1994” substitute “ section 78 or 86 of the Education Act 2005 ”.

• (2) In section 28(1) of the 1998 Act, references to an institution in that definition and in the definition of “fees” (which is also to be repealed by the Higher Education Act 2004 (c. 8)) are to be read in accordance with section 26(9) of the 1998 Act as amended by paragraph 19(3)(b) of this Schedule.

• (3) In sub-paragraph (2), “the 1998 Act” means the Teaching and Higher Education Act 1998 (c. 30).

Government of Wales Act 1998 (c. 38)

21

• (1) Section 145B of the Government of Wales Act 1998 (studies at request of educational bodies) is amended as follows.

• (2) In the Table in subsection (1) for the entry relating to the governing body of an institution in Wales receiving financial support under Part 1 of the Education Act 1994 substitute—

The governing body of an institution in Wales receiving financial support under section 86 of the Education Act 2005 from the Higher Education Funding Council for Wales.	The governing body or the Higher Education Funding Council for Wales
A training provider (within the meaning of Part 3 of the Education Act 2005) receiving financial support under section 78 of that Act from the Training and Development Agency for Schools, except where that financial support is wholly derived from grants made to the Agency by the Secretary of State.	The training provider or the Training and Development Agency for Schools.

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

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

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

Freedom of Information Act 2000 (c. 36)

22

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Education Act 2002 (c. 32)

23

• (1) Section 14 of the Education Act 2002 (power of Secretary of State and Assembly to give financial assistance for purposes related to education or childcare) is amended as follows.

• (2) After subsection (2) insert—

(2ZA) In subsection (2)(g), “training for teachers or for non-teaching staff” includes— (a) any training or education (whether or not constituting higher education) with the object of fitting persons to be teachers or non-teaching staff, or better teachers or non-teaching staff, and (b) any assessment related to the award of a qualification or status to teachers or non-teaching staff, or prospective teachers or non-teaching staff.

• (3) In the definition of “education” in subsection (3), after “but” insert “ , except in subsection (2ZA)(a), ”.

24

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Higher Education Act 2004 (c. 8)

25

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26

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27

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28

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29

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30

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31

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32

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33

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34

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35

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36

In section 48 of the Higher Education Act 2004 (c. 8) (general interpretation)—

• (a) omit the definition of “the 1994 Act”, and

• (b) after the definition of “the 1998 Act” insert—

“the 2005 Act” means the Education Act 2005;

.

SCHEDULE 15

Interpretation

1

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Renaming of Agency

2

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3

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Existing members of Agency

4

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Inspection of teacher training

5

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Duty to have regard to needs of disabled persons

6

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SCHEDULE 16

1

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

Power to provide for budgets to relate to period other than financial year

2

• (1) Section 45 of the 1998 Act (maintained schools to have budget shares) is amended as follows.

• (2) In subsection (1) for “financial year” substitute “ funding period ”.

• (3) After subsection (1A) insert—

(1B) In this Chapter “funding period” means a financial year or such other period as may be prescribed.

• (4) In subsection (2)—

• (a) for “45A and” substitute “ 45A to ”, and

• (b) for “financial year” substitute “ funding period ”.

Determination of budgets

3

• (1) Section 45A of the 1998 Act (determination of specified budgets of local authority) is amended as follows.

• (2) In subsection (1)—

• (a) for “financial year” substitute “ relevant period ”, and

• (b) for “that year” substitute “ that period ”.

• (3) After subsection (1) insert—

(1A) In subsection (1) “relevant period” means a financial year or such other period as may be prescribed.

• (4) In subsection (2)—

• (a) for “financial year” substitute “ funding period ”, and

• (b) for “that year” substitute “ that period ”.

• (5) After that subsection insert—

(2A) The amount referred to in subsection (2) includes the amount of any grant which is appropriated, for meeting the expenditure mentioned in that subsection, in accordance with a condition which— (a) is imposed under section 16 of the Education Act 2002 (terms on which assistance under section 14 of that Act is given) or any other enactment, and (b) requires that the grant be applied as part of the authority's schools budget for the funding period.

• (6) In subsection (3)—

• (a) for “financial year” substitute “ funding period ”, and

• (b) for “that year” (in both places) substitute “ that period ”.

• (7) After subsection (4) insert—

(4A) Regulations under subsection (3) may also make provision— (a) enabling any expenditure falling outside any classes or descriptions of expenditure prescribed by virtue of subsection (4)(a) to be deducted from the authority's schools budget if the deduction of such expenditure is authorised, on the application of the authority, by the authority's schools forum or the Secretary of State, and (b) enabling any limit or condition that would otherwise apply by virtue of subsection (4)(b)(i) or (ii) to be varied or excluded, on the application of the authority, by the authority's schools forum or the Secretary of State.

• (8) Omit subsections (5) and (6).

4

After section 45A insert—

(45AA) (1) Regulations may require a local authority in England, not later than the prescribed date, to make an initial determination of their schools budget for a funding period. (2) The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period. (3) Regulations under subsection (1) may— (a) authorise or require local authorities in England to take account of matters arising after the initial determination of their schools budgets for any funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and (b) require notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the local authority. (45AB) (1) Before the schools budget deadline in any funding period, a local authority in Wales must— (a) determine the proposed amount of their schools budget for the following funding period, and (b) give notice of their determination to the National Assembly for Wales and to the governing body of every school maintained by the authority. (2) For the purposes of this section “the schools budget deadline”, in relation to an authority in Wales, means the end of January or such other time as may be prescribed. (45AC) (1) Regulations may require a local authority in Wales, not later than the prescribed date, to make an initial determination of their schools budget for a funding period. (2) The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period. (3) Regulations under subsection (1) may— (a) authorise or require local authorities in Wales to take account of matters arising after the initial determination of their schools budgets for the funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and (b) require notice of any initial determination or revised determination to be given in accordance with the regulations to the Assembly and to the governing bodies of schools maintained by the local authority. (4) Regulations under subsection (1) are not to have effect in relation to an authority's schools budget for any funding period if section 45AB is in force in relation to that funding period.

5

For sections 45B and 45C of the 1998 Act substitute—

(45B) (1) If it appears to the National Assembly for Wales that, in all the circumstances, the proposed amount of a local authority's schools budget for a funding period is inadequate, the Assembly may, within the period of fourteen days beginning with the schools budget deadline in the funding period preceding that funding period, give the authority a notice under subsection (6) or (7). (2) In subsection (1), the reference to the proposed amount of a local authority's schools budget for a funding period is— (a) if section 45AB is in force in relation to that funding period, a reference to the amount specified in a notice under section 45AB(1)(b), or (b) if regulations under section 45AC(1) are in force in relation to that funding period, a reference to such amount, determined by the authority in accordance with those regulations and specified in a notice required by those regulations to be given to the Assembly, as may be prescribed. (3) If at the schools budget deadline in any funding period, a local authority in Wales have failed to give the Assembly a notice under section 45AB(1)(b) or a notice required as mentioned in subsection (2)(b), the Assembly may, at any time after that deadline, give the authority a notice under subsection (6) or (7). (4) In this section “the schools budget deadline”— (a) in a case falling within subsection (2)(a), has the same meaning as in section 45AB, and (b) in a case falling within subsection (2)(b), means the time in the funding period preceding the funding period to which the schools budget relates by which regulations under section 45AC(1) require notice of a revised determination of the schools budget to be given to the Assembly. (5) In this section and section 45C “the period under consideration” means the funding period to which the notice mentioned in subsection (2)(a) or (b) relates or, in a case falling within subsection (3), the funding period in relation to which such a notice ought to have been given. (6) A notice under this subsection is a notice determining the minimum amount of the authority's schools budget for the period under consideration. (7) A notice under this subsection is a notice which— (a) specifies the amount which the Assembly would have determined as the minimum amount of the authority's schools budget for the period under consideration if the Assembly had acted under subsection (4), and (b) states the Assembly's intention to determine the minimum amount of the authority's schools budget for the following funding period. (8) A notice under subsection (6) or (7) must include a statement of the Assembly's reasons for giving the notice. (9) The Assembly may act under different subsections in relation to different authorities. (45C) (1) The local authority may, within the period of fourteen days beginning with the date of a notice under section 45B(6), give the National Assembly for Wales notice of their objection to the Assembly's determination, giving reasons for their objection. (2) Where the local authority have given notice of their objection under subsection (1), the notice under section 45B(6) shall cease to have effect, but the Assembly may by order prescribe the minimum amount of the authority's schools budget for the period under consideration. (3) The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(6). (4) An order under subsection (2) may relate to two or more authorities. (5) Where— (a) a notice under section 45B(6) has been given to a local authority and no notice of objection has been given during the period specified in subsection (1), or (b) an order has been made under subsection (2), the local authority shall determine a schools budget for the period under consideration which is not less than the amount specified in relation to the authority in the notice or order. (45D) The Assembly may by order— (a) repeal any of the following provisions— - section 45AB, - section 45AC(4), and - sections 45B and 45C, and (b) make any amendments of the other provisions of this Chapter which appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).

Determination of schools' budget shares

6

• (1) Section 47 of the 1998 Act (determination of school's budget share) is amended as follows.

• (2) In subsection (1)—

• (a) for “financial year” substitute “ funding period ”, and

• (b) for “that year” substitute “ that period ”.

• (3) In subsection (2)—

• (a) after paragraph (d) insert—

(dd) authorising or requiring such authorities to take account of matters arising after the initial determination of budget shares for a funding period but before the beginning of the funding period, by redetermining budget shares for that period in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;

,

• (b) in paragraph (e) for “financial year” substitute “ funding period ” and for “year” in sub-paragraphs (i) and (ii) substitute “ funding period ”,

• (c) after paragraph (f) insert—

(ff) requiring notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the authority in question;

, and

• (d) for paragraph (g) substitute—

(g) authorising local authorities in prescribed cases to determine (or redetermine) budget shares, to such extent as may be prescribed, in accordance with arrangements approved by the authority's schools forum or the Secretary of State in accordance with the regulations (in place of the arrangements provided for by the regulations);

.

• (4) After subsection (2) insert—

(2A) The time by which regulations made in pursuance of subsection (2)(a) require an initial determination of schools' budget shares for a funding period to be made may be up to 48 months before the beginning of the funding period.

Functions of schools forum

7

In section 47A of the 1998 Act (schools forums) for subsection (3) substitute—

(3) The purpose of a schools forum is— (a) to advise the relevant authority on such matters relating to the authority's schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection, and (b) to exercise any function that may be imposed on the schools forum by virtue of section 45A(4A) or 47(2)(g).

Certain regulations to be subject to affirmative procedure

8

In section 138 of the 1998 Act (orders and regulations), in subsection (5) (orders and regulations that are subject to affirmative procedure) after paragraph (b) insert

or (c) the first regulations to be made under section 45AA, or (d) the first regulations to be made under section 47 in relation to England after the coming into force of paragraph 6 of Schedule 16 to the Education Act 2005,

.

SCHEDULE 17

1

Schedule 22 to the School Standards and Framework Act 1998 (c. 31) (disposal of land in case of certain schools and disposals on discontinuance) is amended as follows.

2

• (1) Paragraph 1 (disposal of land by governing body of foundation, voluntary or foundation special school) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) at the beginning insert “ Subject to sub-paragraph (1A), ”, and

• (b) in paragraph (a), after “paragraph 5(4)(c)” insert “ or 5(4B)(d) ”.

• (3) After sub-paragraph (1) insert—

(1A) This paragraph does not apply to any disposal which— (a) is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and (b) is a disposal to the trustees of the school made on the school becoming a school with a foundation falling within section 21(1)(a).

• (4) In sub-paragraph (2), for “any such disposal” substitute “ any disposal to which this paragraph applies ”.

• (5) In sub-paragraph (3), after “any such disposal” insert “ and he decides to give that consent ”.

3

In paragraph 2 (disposal of land by foundation body), in sub-paragraph (3) after “any such disposal” insert “ and he decides to give that consent ”.

4

After paragraph 2 insert—

(2A) (1) This paragraph applies to any disposal by the trustees of a foundation or foundation special school of— (a) any land acquired under paragraph 2 of Schedule 3, under paragraph 16 of Schedule 6 (including that provision as applied by any enactment), under paragraph 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8, (b) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in paragraph (a), or (c) any land falling within sub-paragraph (2) which was acquired by the trustees from the governing body of the school or of another foundation or foundation special school. (2) Land falls within this sub-paragraph if— (a) it had been acquired by the governing body— (i) under a transfer under section 201(1)(a) of the Education Act 1996, or (ii) under any of the provisions mentioned in sub-paragraph (1)(a), or (b) it had been acquired by the governing body, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in paragraph (a). (3) The trustees shall not make any disposal to which this paragraph applies without the written consent of the Secretary of State. (4) Where the trustees apply to the Secretary of State for his consent to any such disposal and he decides to give that consent, he may do one or more of the following, namely— (a) require the land or any part of the land to be transferred to such local authority as he may specify, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate; and (b) give the trustees, when the land or any part of the land is disposed of— (i) a direction to pay to such local authority as he may specify the whole or any part of the proceeds of the disposal; and (ii) a direction as to the use to which the whole or any part of the proceeds of disposal should be put. (5) More than one direction may be given under sub-paragraph (4)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease. (6) Where the trustees of a foundation or foundation special school wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools— (a) the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and (b) the value of the land as at the date of any direction under sub-paragraph (4)(b)(i) or (ii) shall be treated as proceeds of the disposal of the land.

5

• (1) Paragraph 3 (disposal of land by trustees of foundation, voluntary or foundation special school) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) at the beginning insert “ Subject to sub-paragraph (2A), ”, and

• (b) in paragraph (a), after “enactment)” insert “ , under paragraph 5(4B)(d) of this Schedule ”.

• (3) After sub-paragraph (2) insert—

(2A) Nothing in sub-paragraph (1) applies in relation to any disposal to the extent that it is a disposal to which paragraph 2A applies.

6

• (1) Paragraph 5 (discontinuance of foundation, voluntary and foundation special schools: land) is amended as follows.

• (2) After sub-paragraph (4) insert—

(4A) Where the school is a foundation or foundation special school which has a foundation, the trustees of the school shall apply to the Secretary of State for him to exercise his powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), (b) or (c) which is held by the trustees for the purposes of the school. (4B) On an application under sub-paragraph (4A), the Secretary of State may do one or more of the following, namely— (a) make any such requirement as is mentioned in paragraph 2A(4)(a); (b) where the trustees have power to use the land for the purposes of another foundation or foundation special school or for the purposes of a voluntary school, direct the trustees to exercise that power in such manner as he may specify; (c) direct the trustees to pay to such local authority as he may specify the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (4A); and (d) in a case where the discontinuance of the school is connected with proposals under any enactment to establish, or to make a prescribed alteration to, any other school or schools, require the land or any part of the land to be transferred— (i) to the trustees, foundation body or governing body of such maintained school as he may specify, or (ii) to the trustees, foundation body or temporary governing body of such new school as he may specify.

• (3) In sub-paragraph (5)—

• (a) for “or foundation body” substitute “ , foundation body or trustees ”,

• (b) for “(2) or (3)” substitute “ (2), (3) or (4A) ”, and

• (c) for “(4)” substitute “ (4) or (4B), as the case may be ”.

• (4) In sub-paragraph (6)(a), after “falling within paragraph 3(1) or (2)” insert “ but not within paragraph 2A(1)(a), (b) or (c) ”.

SCHEDULE 18

Children Act 1989 (c. 41)

1

In section 36 of the Children Act 1989 (education supervision orders), in subsection (5) for paragraph (b) substitute—

(b) is not attending regularly within the meaning of section 444 of that Act— (i) a school at which he is a registered pupil, (ii) any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA of that Act, or (iii) any place which he is required to attend in the circumstances mentioned in subsection (2) of that section,

.

Education Act 1996 (c. 56)

2

In section 317 of the Education Act 1996 (duties of governing body or local authority in relation to pupils with special educational needs), for subsections (5) to (7A) substitute—

(5) The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall— (a) in the case of a school in England, prepare a report containing special needs information, and (b) in the case of a school in Wales, include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report). (6) In subsection (5) “special needs information” means— (a) such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and (b) information as to— (i) the arrangements for the admission of disabled persons as pupils at the school, (ii) the steps taken to prevent disabled pupils from being treated less favourably than other pupils, (iii) the facilities provided to assist access to the school by disabled pupils, and (iv) the plan prepared by the governing body under section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”). (6A) In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 1995 Act; and section 28Q of the 1995 Act (interpretation) applies for the purposes of subsection (6)(b) as it applies for the purposes of Chapter 1 of Part 4 of that Act.

3

In section 444A of the Education Act 1996 (penalty notice in respect of failure to secure attendance at school of registered pupil), in subsection (1), for paragraph (b) substitute—

(b) that the offence relates— (i) to a relevant school in England, (ii) in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a local authority in England, or (iii) in a case falling within subsection (2) of that section, to a place at which a child is required to attend by the appropriate authority (within the meaning of that section) for a relevant school in England,

.

4

The references in section 23(9) and (10) of the Anti-social Behaviour Act 2003 (c. 38) to section 444A of the Education Act 1996 are to be read as references to that section as amended by paragraph 3 of this Schedule.

5

• (1) Section 494 of the Education Act 1996 (recoupment: excluded pupils) is amended as follows.

• (2) In subsections (1), (2) and (3), for “financial year” substitute “ funding period ”.

• (3) After subsection (5) insert—

(6) In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.

6

In section 566 of the Education Act 1996 (evidence: documents), after subsection (2) insert—

(3) Where a child of compulsory school age is required to attend at— (a) any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA, or (b) any place in the circumstances mentioned in subsection (2) of that section, subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).

School Standards and Framework Act 1998 (c. 31)

7

In section 48 of the School Standards and Framework Act 1998 (local authorities' financial schemes) in subsection (2)(a) for “financial year” substitute “ funding period ”.

8

In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation) in subsection (1)—

• (a) for “financial year” substitute “ funding period ”,

• (b) for “that year” substitute “ that period ”, and

• (c) in paragraphs (a) and (b) for “year”, wherever occurring, substitute “ period ”.

9

In section 51A of the School Standards and Framework Act 1998 (expenditure incurred for community purposes) in subsection (2) for “financial year” substitute “ funding period ”.

10

• (1) Section 52 of the School Standards and Framework Act 1998 (financial statements) is amended as follows.

• (2) In subsection (1)—

• (a) for “financial year” substitute “ prescribed period ”, and

• (b) for “that year” substitute “ that period ”.

• (3) After subsection (1) insert—

(1A) The periods prescribed for the purposes of subsection (1)— (a) must consist of one or more funding periods, and (b) may include funding periods in respect of which (by virtue of their inclusion in one or more earlier periods prescribed for the purposes of that subsection) information relating to planned expenditure has previously been required under that subsection.

• (4) In subsection (2)—

• (a) for “financial year” substitute “ prescribed period ”, and

• (b) in paragraphs (a) to (d), for “year” substitute “ period ”.

• (5) After subsection (2A) insert—

(2B) The periods prescribed for the purposes of subsection (2) must consist of one or more funding periods.

11

• (1) In Schedule 15 to the School Standards and Framework Act 1998 (suspension of financial delegation), paragraph 2 is amended as follows.

• (2) In sub-paragraph (1)(a)—

• (a) for “financial year” substitute “ funding period ”, and

• (b) for “that year” substitute “ that period ”.

• (3) In sub-paragraph (3), for “financial year”, in both places where it occurs, substitute “ funding period ”.

Learning and Skills Act 2000 (c. 21)

12

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

• (2) In subsection (1)(a), for “financial year” substitute “ funding period ”.

• (3) For subsection (3) substitute—

(3) In this section— “funding period” means a financial year or, if some other period is prescribed in relation to England under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period; “schools budget” has the same meaning as in Part 2 of that Act (framework for maintained schools).

13

• (1) Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms: Wales) is amended as follows.

• (2) In subsection (1)(a), for “financial year” substitute “ funding period ”.

• (3) For subsection (3) substitute—

(3) In this section— “funding period” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period; “schools budget” has the same meaning as in Part 2 of that Act (framework for maintained schools).

Education Act 2002 (c. 32)

14

• (1) Section 37 of the 2002 Act (payments in respect of dismissal etc.) is amended as follows.

• (2) In subsection (4), for “financial years” substitute “ funding periods ”.

• (3) In subsections (5) and (8), for “financial year” substitute “ funding period ”.

• (4) For subsection (12) substitute—

(12) In this section— “community purposes” means the purposes of the provision of facilities or services under section 27; “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.

Anti-social Behaviour Act 2003 (c. 38)

15

In section 19 of the Anti-social Behaviour Act 2003 (parenting contracts in cases of exclusion from school or truancy), in subsection (2), for the words from “a relevant” to the end substitute—

(a) a relevant school at which he is a registered pupil, (b) any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA of the Education Act 1996, and (c) any place at which he is required to attend in the circumstances mentioned in subsection (2) of that section.

SCHEDULE 19

Part 1 — School inspections

Part 2 — School organisation

Part 3 — Training the school workforce

Part 4 — Repeals relating to Part 4

Functions of Her Majesty's Chief Inspector of Schools in England

Investigations under section 11A

Other inspections

Investigation of complaints

11A

• (1) The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so—

• (a) for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and

• (b) in particular, for the purpose of determining, in the light of the complaint—

• (i) when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and

• (ii) whether it would be appropriate to carry out an inspection under section 8(2).

• (2) A complaint is a qualifying complaint if—

• (a) it is about a matter relating to a relevant school and that matter—

• (i) falls within a prescribed description, and

• (ii) does not fall within any prescribed exception,

• (b) it is made in writing to the Chief Inspector, and

• (c) it is made by a person who satisfies prescribed conditions.

• (3) The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint.

• (4) Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint.

• (5) In this section, “ relevant school ” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2).

11B

• (1) This section applies where a qualifying complaint is made to the Chief Inspector by a person who is a registered parent of a registered pupil at the school to which the complaint relates.

• (2) If the Chief Inspector so requests for the purposes of an investigation of the complaint, the governing body of the school to which the complaint relates must provide him with—

• (a) such information held by them as may be specified or described in the Chief Inspector's request, and

• (b) such other information held by them as they consider may be relevant to the investigation.

• (3) If the complaint relates to a maintained school and the Chief Inspector so requests for the purposes of an investigation of the complaint, the local authority who maintain the school must provide him with—

• (a) such information held by them as may be specified or described in the Chief Inspector's request, and

• (b) such other information held by them as they consider may be relevant to the investigation.

• (4) If, for the purposes of an investigation of the complaint, it appears to the Chief Inspector to be appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates—

• (a) he must give notice to that effect to—

• (i) the governing body of the school (unless the school falls within sub-paragraph (ii)), or

• (ii) if the school is a maintained school which does not have a delegated budget, the local authority who maintain the school, and

• (b) on being so notified, the governing body or (as the case may be) the local authority must co-operate with the Chief Inspector in the making of arrangements for the meeting.

• (5) In particular, the governing body or (as the case may be) the local authority must if so requested by the Chief Inspector—

• (a) allow the meeting to be held on the premises of the school,

• (b) fix a date for the meeting which is consistent with any request made by the Chief Inspector for that purpose, and

• (c) take such steps as are specified by the Chief Inspector to give—

• (i) the registered parents of registered pupils at the school, and

• (ii) if the school is a maintained school which has a delegated budget, the local authority who maintain the school,

such notice as the Chief Inspector may specify of the date, time and place of the meeting and of its purpose.

• (6) The following persons (in addition to the registered parents of registered pupils at the school) may attend a meeting held in pursuance of subsection (5)—

• (a) a representative of the governing body of the school, and

• (b) if the school is a maintained school, a representative of the local authority who maintain the school.

• (7) In this section—

• “ governing body ”, in relation to a relevant school which is not a maintained school, means the proprietor of the school;

• “ maintain ”, in relation to school, has the same meaning as in the School Standards and Framework Act 1998;

• “ maintained school ” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “ qualifying complaint ” is to be read in accordance with section 11A(2);

• “ relevant school ” has the meaning given by section 11A(5).

11C

• (1) This section applies where, for the purposes of an investigation of a qualifying complaint to which section 11B applies the Chief Inspector—

• (a) requests information as mentioned in subsection (2) or (3) of that section, or

• (b) gives notice in pursuance of subsection (4)(a) of that section that he considers it appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates.

• (2) The Chief Inspector may, if he considers it appropriate to do so, prepare a report of the outcome of the investigation by him of the complaint.

• (3) If the Chief Inspector prepares a report under subsection (2) he must send a copy of the report to—

• (a) the governing body of the school (unless the school falls within paragraph (b)), or

• (b) if the school is a maintained school which does not have a delegated budget, the local authority who maintain the school.

• (4) The body to whom a report is sent under subsection (3) must, if so requested by the Chief Inspector, provide a copy of the report to the registered parents of registered pupils at the school to which the complaint relates.

• (5) In this section, “ governing body ” and “ qualifying complaint ” have the same meaning as in section 11B.

Payment of fees into Consolidated Fund

Inspections by members of the Inspectorate

Section 28 inspections by registered inspectors

Destination of reports: non-maintained schools

Meaning of “denominational education”

Inspections under sections 55 and 56: further provisions

Repeal of School Inspections Act 1996

The Training and Development Agency for Schools

Efficiency studies

School organisation: further amendments

The Training and Development Agency for Schools

Functions of Agency in relation to Wales

Reports of investigations

Publication of proposals with consent of Secretary of State

Inspections under sections 55 and 56: further provisions

Failure of parent to secure regular attendance of child at alternative provision

Supply of information about school workforce

Restrictions on disposal of land

Functions to be exercisable by National Assembly for Wales

Chief Inspector's other staff

Additional inspectors

Remuneration, pensions etc.

Official seal

Performance of functions

Documentary evidence

Chief Inspector's other staff

Additional inspectors

Remuneration, pensions etc.

Official seal

Performance of functions

Documentary evidence

Constitution of tribunals

Procedure of tribunals

Staff

Interpretation

Selection of registered inspectors

Inspection teams

Enrolment of persons to act as team members

Training for inspections

Meeting with parents

Rights of entry etc.

Offence of obstructing inspector or inspection team

Replacement of inspector during course of inspection

Interpretation

Inspectors' reports

Action plans

Parliamentary Commissioner Act 1967 (c. 13)

Employment and Training Act 1973 (c. 50)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Education Reform Act 1988 (c. 40)

Tribunals and Inquiries Act 1992 (c. 53)

Judicial Pensions and Retirement Act 1993 (c. 8)

...

Education Act 1996 (c. 56)

Education Act 1997 (c. 44)

School Standards and Framework Act 1998 (c. 31)

Government of Wales Act 1998 (c. 38)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

Education Act 2002 (c. 32)

Nationality, Immigration and Asylum Act 2002 (c. 41)

Submission of proposals to school organisation committee

Approval of proposals

Mandatory reference to adjudicator

Effect of reference to adjudicator

Proposals to establish Academy

Provision of information

Requirement to implement proposal to establish maintained school

Proposals not falling to be implemented

Requirement to implement proposals relating to community school

Requirement to implement proposals relating to foundation or voluntary controlled school

Requirement to implement proposals relating to voluntary aided school

Proposals relating to Academy

Directions to bring forward proposals to remedy excessive provision

Directions to bring forward proposals to remedy insufficient provision

Supplementary provisions

Objections

Approval of proposals

Reference to adjudicator of other proposals

Local inquiry into proposals

Proposals relating to Academy

Implementation of proposals

Education Act 1996 (c. 56)

School Standards and Framework Act 1998 (c. 31)

Education Act 2002 (c. 32)

Supplementary powers

Chief officer

Tenure of members of the Agency

Salaries, allowances and pensions

Staff

Committees

Delegation of functions

Proceedings

Application of seal and proof of instruments

Accounts

Annual reports

Status of Agency

Public Records Act 1958 (c. 51)

Parliamentary Commissioner Act 1967 (c. 13)

Superannuation Act 1972 (c. 11)

House of Commons Disqualification Act 1975 (c. 24)

Sex Discrimination Act 1975 (c. 65)

Race Relations Act 1976 (c. 74)

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

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

Education Act 1994 (c. 30)

Education Act 1996 (c. 56)

Audit Commission Act 1998 (c. 18)

Teaching and Higher Education Act 1998 (c. 30)

Government of Wales Act 1998 (c. 38)

Freedom of Information Act 2000 (c. 36)

Education Act 2002 (c. 32)

Higher Education Act 2004 (c. 8)

Interpretation

Renaming of Agency

Existing members of Agency

Inspection of teacher training

Duty to have regard to needs of disabled persons

Power to provide for budgets to relate to period other than financial year

Determination of budgets

Determination of schools' budget shares

Functions of schools forum

Certain regulations to be subject to affirmative procedure

Children Act 1989 (c. 41)

Education Act 1996 (c. 56)

School Standards and Framework Act 1998 (c. 31)

Learning and Skills Act 2000 (c. 21)

Education Act 2002 (c. 32)

Anti-social Behaviour Act 2003 (c. 38)

Editorial notes