Learning and Skills Act 2000 (c. 21)

SCHEDULES

SCHEDULE 9 Amendments

School Standards and Framework Act 1998 (c. 31)

78 In section 15 of the School Standards and Framework Act 1998 (intervention by LEA) after subsection (6) insert—

“(7) For the purposes of this section a report of an inspection under section 65 or 83 of the Learning and Skills Act 2000 shall be treated as a report of an inspection under Part I of the School Inspections Act 1996.”

79 In section 19(2) of that Act (power of Secretary of State to close school) after paragraph (c) (before the word “and”) insert—

“(ca) in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales);”.

80 In section 26 of that Act (school organisation plans), in subsection (2)—

(a) in paragraph (a) for “primary and secondary education” substitute “primary education, and secondary education suitable to the requirements of pupils of compulsory school age,”;

(b) after paragraph (a) insert—

“(ab) how the authority propose to exercise their powers during the prescribed period with a view to securing the provision of secondary education suitable to the requirements of pupils over compulsory school age during that period;”;

(c) in paragraph (b) for “such education” substitute “education of a kind referred to in paragraph (a) or (ab)”.

81 After section 26 of that Act insert—

“26A Plans of local learning and skills councils

(1) In preparing a school organisation plan a local education authority in England shall have regard to the plans of any relevant local learning and skills council published under section 22 of the Learning and Skills Act 2000.

(2) Subsection (3) applies if a school organisation plan prepared by a local education authority in England is being considered by the school organisation committee or by the adjudicator.

(3) The committee or the adjudicator shall have regard to the plans of any relevant local learning and skills council published under section 22 of the Learning and Skills Act 2000.

(4) A local learning and skills council is a relevant council if any of its area falls within the area of the local education authority concerned.

26B Plans of National Council

(1) In preparing a school organisation plan a local education authority in Wales shall have regard to the plans of the National Council for Education and Training for Wales published under section 43 of the Learning and Skills Act 2000.

(2) Subsection (3) applies if a school organisation plan prepared by a local education authority in Wales is being considered by the school organisation committee or by the adjudicator.

(3) The committee or the adjudicator shall have regard to the plans of the National Council for Education and Training for Wales published under section 43 of the Learning and Skills Act 2000.

(4) In this section references to the school organisation committee are to the committee established by the authority under regulations made under section 27.

(5) In this section references to the adjudicator are to—

(a) such person appointed as adjudicator under those regulations as may be determined in accordance with them, or

(b) such persons appointed as a panel of adjudicators under those regulations as may be so determined.”

82 (1) Section 27 of that Act (committees and adjudicators for Wales) shall be amended as follows.

(2) In subsection (1) for “sections 24 and 25 and Schedules 4 and 5” substitute “sections 24 and 25 of, and Schedules 4 and 5 to, this Act and Schedule 7 to the Learning and Skills Act 2000”.

(3) In subsection (2) for “or Chapter I of Part III” substitute “, Chapter I of Part III or Schedule 7 to the Learning and Skills Act 2000”.

83 In section 30(3) of that Act (notice by governing body to discontinue foundation or voluntary school) for “the appropriate further education funding council” substitute “the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales)”.

84 In section 33(1) of that Act (establishment, alteration and discontinuance of schools) after “Schedule 6” insert “to this Act or under Schedule 7 to the Learning and Skills Act 2000”.

85 In section 110 of that Act (home-school agreements) in subsection (1)(b) for “or a city college for the technology of the arts” substitute “, a city college for the technology of the arts or a city academy”.

86 Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.

87 (1) Section 137 of that Act (Education Transfer Council: alteration and dissolution) shall be amended as follows.

(2) In subsection (3)(c) for “or under the Education Reform Act 1988” substitute “, under the Education Reform Act 1988 or under the Further and Higher Education Act 1992”.

(3) At the end of subsection (4)(a) insert “or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992”.

88 In section 142(1) of that Act (general interpretation) omit the definition of “the appropriate further education funding council”.

89 (1) Schedule 6 to that Act (statutory proposals: procedure and implementation) shall be amended as follows.

(2) In paragraph 4(3) after paragraph (d) insert— “or

(e) any undetermined proposals published under Schedule 7 to the Learning and Skills Act 2000.”

(3) In paragraph 4(4)(a) for “or under paragraph 8 or 9 of Schedule 7” substitute “of this Schedule, under paragraph 8 or 9 of Schedule 7 or under Schedule 7 to the Learning and Skills Act 2000”.

90 (1) Schedule 7 to that Act (rationalisation of school places) shall be amended as follows.

(2) In paragraph 4(5)—

(a) in paragraph (b) for “or under paragraph 5” substitute “of this Act, paragraph 5 of this Schedule or Schedule 7 to the Learning and Skills Act 2000”;

(b) in paragraph (c) after sub-paragraph (ii) insert— “or

(iii) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”

(3) In paragraph 8(7) after paragraph (c) insert— “and

(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).”

(4) In paragraph 8(10) after paragraph (b) insert— “or

(c) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”

(5) In paragraph 13(4) after paragraph (c) insert— “and

(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).”

(6) In paragraph 13(7) after paragraph (b) insert— “or

(c) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”

91 In paragraph 5(1) of Schedule 22 to that Act (discontinuance of school: land)—

(a) for “or paragraph 5 of Schedule 7” substitute “, paragraph 5 of Schedule 7 to this Act or Schedule 7 to the Learning and Skills Act 2000”;

(b) after paragraph (a)(ii) insert— “or

(iii) have been approved under Schedule 7 to the Learning and Skills Act 2000,”.