SCHEDULES
SCHEDULE 21Minor and consequential amendments
I1I152I1591Local Government Act 1972 (c. 70)
In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176 of that Act) for subsection (1A) there is substituted—
1A
Subsection (1) has effect without prejudice to the operation of—
a
regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);
b
paragraph 3 of Schedule 4 to that Act (allowances for school organisation committees); and
c
regulations made by virtue of section 52(6) of the Education Act 2002 (allowances for exclusion appeal panels).
I22Local Government Act 1974 (c. 7)
In section 25(5) of the Local Government Act 1974 (certain bodies to which Part 3 of that Act applies)—
I160a
for paragraph (c) there is substituted—
c
an admission appeal panel constituted in accordance with regulations under section 94(5) or 95(3) of that Act,
and
I153b
at the end of paragraph (d) there is inserted
and
e
an exclusion appeal panel constituted in accordance with regulations under section 52 of the Education Act 2002.
F26F26...
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I3I1444Public Passenger Vehicles Act 1981 (c. 14)
In section 46(3) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), for the definition of “free school transport” there is substituted—
“free school transport” means transport provided by a F23local authority free of charge—
a
in pursuance of arrangements under section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996, or
b
otherwise, in the exercise of any function of the authority,
for the purpose of facilitating the attendance of persons receiving education or training at any premises;
I193I2005Education (Fees and Awards) Act 1983 (c. 40)
In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.
I194I2016Building Act 1984 (c. 55)
In section 4 of the Building Act 1984 (exemption of educational buildings from building regulations), for subsection (1)(a)(ii) there is substituted—
ii
particulars submitted and approved under regulations made under section 544 of the Education Act 1996,
I75I2027Education Act 1986 (c. 40)
In section 1(1) of the Education Act 1986 (payment of grant) for “either of them” there is substituted “
that body
”
.
I48Education Reform Act 1988 (c. 40)
In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “
suitable to the requirements of persons who have attained the age of fourteeen years
”
.
I5I64I919Children Act 1989 (c. 14)
In Schedule 9A to the Children Act 1989 (child minding and day care for young children), for paragraph 4(2)(b) there is substituted—
b
he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children;
I195I20310Environmental Protection Act 1990 (c. 43)
In section 98(2) of the Environmental Protection Act 1990 (definition of “educational institution”), paragraph (c)(ii) is omitted.
I611Further and Higher Education Act 1992 (c. 13)
In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “
suitable to the requirements of persons who have attained the age of fourteeen years
”
.
I115I16312
In section 21 of the Further and Higher Education Act 1992 (initial instruments and articles), in subsection (3), for “Chapter III of Part II of the School Standards and Framework Act 1998” there is substituted “
section 19 of the Education Act 2002
”
.
I713
Section 23(4)(b) of the Further and Higher Education Act 1992 (institutions maintained by F24local authorities: Secretary of State must approve exclusion of any property etc. from initial transfer to FE corporation) shall cease to have effect.
14
In section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted.
I196I20415
In section 37 of the Further and Higher Education Act 1992 (net expenditure of institution about to join further education sector), the following provisions are omitted—
a
subsection (1)(b) and the word “or” immediately preceding it,
b
subsection (8)(a), and
c
subsection (9).
I816
Sections 39 to 42 of the Further and Higher Education Act 1992 (restrictions on powers of local authorities to dispose of land etc. in period before institution becomes institution within the further education sector) shall cease to have effect.
F2017
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18
Section 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.
I919
1
Section 52A of the Further and Higher Education Act 1992 (duty to safeguard pupils receiving secondary education) is amended as follows.
2
In subsection (1)—
a
for “persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “
persons of compulsory school age
”
, and
b
in paragraph (a), for “in pursuance of arrangements falling within section 18(1)(aa) of this Act” there is substituted “
by virtue of section 18(1)(aa) or (ab) of this Act
”
.
3
In subsection (2) for “such pupils” there is substituted “
persons of compulsory school age
”
.
I1020
In section 54(1) of the Further and Higher Education Act 1992 (duty of certain bodies to give to the Learning and Skills Council for England or National Council for Education and Training for Wales information required for the purposes of the exercise of their functions under Part 1 of that Act), for “this Part of this Act” there is substituted “
any enactment
”
.
I1121
Section 60 of the Further and Higher Education Act 1992 (saving as to persons detained by order of a court) shall cease to have effect.
I12I154I16122Tribunals and Inquiries Act 1992 (c. 53)
In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (F28tribunals to which that Act applies) for paragraphs (b) and (c) there is substituted—
b
exclusion appeal panels constituted in accordance with regulations under section 52 of the Education Act 2002;
c
admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998;
I116I16423Education Act 1994 (c. 30)
In section 4 of the Education Act 1994 (qualifying activities and eligible institutions), subsection (4) shall cease to have effect.
I10324
In section 14 of the Education Act 1994 (qualification of teachers, etc.), subsections (1), (3) and (4) are omitted.
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I117I19130Employment Rights Act 1996 (c. 18)
In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools) for “section 55(5) of the School Standards and Framework Act 1998” there is substituted “
paragraph 7 of Schedule 2 to the Education Act 2002
”
.
I1331
In section 139 of the Employment Rights Act 1996 (redundancy), in subsection (3), for “governors” there is substituted “
governing bodies
”
.
I1432
In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (7) for “governors”
(in both places) there is substituted “
governing body
”
.
I1533Education Act 1996 (c. 56)
In section 2 of the Education Act 1996 (definition of primary, secondary and further education), in subsection (4), after “subsection (2)(b)” there is inserted “
or (2A)
”
.
I16I14534
1
Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.
2
After subsection (1) there is inserted—
1A
A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).
3
In subsection (3) for “Subsection (1) also applies” there is
substituted “
Subsections (1) and (1A) also apply
”
.
I118I16635
In section 29 of the Education Act 1996 (provision of information by F24local authorities ), subsection (6) is omitted.
I119I16736
In section 313 of the Education Act 1996 (Code of Practice), in subsection (1), after “maintained
schools” there is inserted “
and maintained nursery schools
”
.
I120I16837
In section 315 of the Education Act 1996 (review of arrangements), in subsection (2) after “special
schools” there is inserted “
and maintained nursery schools
”
.
I121I16938
In section 316A of the Education Act 1996 (duty to educate children with special educational needs in mainstream school), in subsection (11)—
a
in paragraph (a), after “maintained school” there is inserted “
or maintained nursery school
”
, and
b
in paragraph (b), the words “a maintained nursery school or” are omitted.
I1739
I122I1581
Section 317 of the Education Act 1996 (duties in relation to pupils with special educational needs) is amended as follows.
I122I1622
In subsection (1), for the words from the beginning to “shall” there is substituted “
The governing body of a community, foundation or voluntary school or a maintained nursery school shall
”
.
I122I1623
For subsection (2) there is substituted—
2
In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).
I122I1624
In subsection (3)—
a
in paragraph (a), after “voluntary schools” there is inserted “
and maintained nursery schools
”
, and
b
paragraph (b) and the word “and” preceding it are omitted.
F25
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I123I17040
In section 317A(1) of the Education Act 1996 (duty to inform parent where special educational provision made), in paragraph (a)(i)
after “school” there is inserted “
or a maintained nursery school
”
.
I124I17141
1
Section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs) is amended as follows.
2
In subsection (1), after “voluntary schools” there is inserted “
or maintained nursery schools
”
.
3
In subsection (2), after “voluntary schools” there is inserted “
, maintained nursery schools
”
.
I125I17242
In section 321 of the Education Act 1996 (general duty of F23local authority towards children for whom they are responsible), in subsection (3),
in paragraphs (a) and (b), after “maintained school” there is inserted “
or maintained nursery school
”
.
I126I17343
In section 324 of the Education Act 1996 (statement of special educational needs), in subsection (5)(b) after “maintained school” there is inserted “
or maintained nursery school
”
.
I127I17444
In section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body), in subsection (13)(a), the words “a maintained nursery school or” are omitted.
I18I5745
In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for “and” at the end of paragraph (a) there is substituted—
aa
“assessment arrangements” and “fourth key stage”—
i
ii
in relation to a school maintained by aF23local authorityin Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and
I1946
1
Section 408 of the Education Act 1996 (provision of information) is amended as follows.
2
In subsection (1)(a) after “the Learning and Skills Act 2000” there is inserted “
or the relevant provisions of the Education Act 2002
”
.
3
Subsection (4)(a) is omitted.
I584
After subsection (4) there is inserted—
4A
For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—
a
Part 6 (the curriculum in England),
F36and
b
sections 97 to 117 (the curriculum in Wales).
I585
In subsection (6) for “this Part” there is substituted “
Part 6
.F37or 7 of the Education Act 2002
”
I128I2156
After subsection (8) there is inserted—
9
In this section “maintained school” includes a maintained nursery school.
I2047
1
Section 409 of the Education Act 1996 (complaints and enforcement: maintained schools) is amended as follows.
2
In subsection (1), the words “with the approval of the Secretary of State and” are omitted.
I1293
In subsection (2), after “by the authority” there is inserted “
, any maintained nursery school so maintained
”
.
4
In subsection (3), before the “and” at the end of paragraph (a) there is inserted—
aa
any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),
I21I5948
1
Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.
2
3
In subsection (4)(b) for “section 357(1)” there is substituted “
section 88
.F40or 109 of the Education Act 2002
”
I22I65I7649
1
Section 484 of the Education Act 1996 (education standards grants) is amended as follows.
2
For any reference to the Secretary of State there is substituted a reference to the National Assembly for Wales.
3
In subsection (1), after “ F24local authorities ” there is inserted “
in Wales
”
.
4
In subsection (2) the words “England and” are omitted.
5
Subsection (6) is omitted.
I146I17550
In section 499 of the Education Act 1996 (power to direct appointment of members of education committees) for subsection (9) there is substituted—
9
In subsections (6) and (8)—
a
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and
b
“parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).
F1151
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I130I17652
In section 512A of the Education Act 1996 (transfer of functions under section 512 to governing bodies) in subsection (7) for the definitions of “delegated budget” and “maintained school” there is substituted—
“delegated budget” has the same meaning as in the School Standards and Framework Act 1998;
“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;
F8I23I7753
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F7I24I66I9254
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I197I20555
In section 545 of the Education Act 1996 (exemption of educational buildings from building byelaws), in subsection (2)(a) the words “or section 218(7) of the Education Reform Act 1988” are omitted.
I10156
In section 578 of the Education Act 1996 (meaning of “the Education Acts”), the reference to the School Teachers’ Pay and Conditions Act 1991 is omitted.
I2557
In section 579(1) of the Education Act 1996 (general interpretation)—
I131I177a
after the definition of “local government elector” there is inserted—
“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;
b
after the definition of “modifications” there is inserted—
“the National Curriculum” (without more) means—
a
in relation to England, the National Curriculum for England
F41, and
b
in relation to Wales, the National Curriculum for Wales;
and
c
after the definition of “regulations” there is inserted—
“sex education” includes education about—
a
Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and
b
any other sexually transmitted disease;
I132I17858
In Schedule 27 to the Education Act 1996—
a
in paragraph 3A(1), after the words “maintained school”, in each place where they occur, there is inserted “
or maintained nursery school
”
, and
b
in paragraph 8(1)(a), after “maintained school” there is inserted “
or maintained nursery school
”
.
F659School Inspections Act 1996 (c. 57)
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F662
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F663
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F664
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F665
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F666
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F667
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F668
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I26I20669Education Act 1997 (c. 44)
F27In section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications and Curriculum Authority of their functions), in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “
section 78 of the Education Act 2002
”.
I27I6070
In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “
section 99 of the Education Act 2002
”
.
I28I67I93I20771
Section 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.
F472Police Act 1997 (c. 50)
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F573
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I29I10474Teaching and Higher Education Act 1998 (c. 30)
In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.
I30I68I9475
F12In section 2 of the Teaching and Higher Education Act 1998 (advisory functions of General Teaching Council), in subsection (4), for “by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers)” there is substituted “
under section 142 of the Education Act 2002 (prohibition from teaching, &c.)
”.
I3176
In section 3 of the Teaching and Higher Education Act 1998 (registration of teachers), in subsection (3)—
I105a
the words “within the meaning of section 218(2) of the Education Reform Act 1988” are omitted, and
I32I70I9677
In section 4 of the Teaching and Higher Education Act 1998 (regulations relating to registration with General Teaching Council), for subsection (3)(a) there is substituted—
a
a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),
I33I10678
In section 7 of the Teaching and Higher Education Act 1998 (additional functions of General Teaching Council), in subsection (3), for the words from “the exercise” to the end there is substituted “
the specification of requirements of regulations under section 132 of the Education Act 2002 (qualified teacher status)
”
.
I198I20879
Section 10 of the Teaching and Higher Education Act 1998 (further functions of General Teaching Council for Wales in relation to teachers) shall cease to have effect.
I107I20980
Section 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.
I34I10881
In section 12 of the Teaching and Higher Education Act 1998 (deduction from teachers’ salaries of fees for registration with General Teaching Council)—
a
for subsection (2)(b) there is substituted—
b
required to be registered in the register by virtue of section 134 of the Education Act 2002
and
b
in subsection (4), for the definition of “schools” there is substituted—
“school” means a school maintained by a F23local authority or a special school not so maintained
I109I21082
Section 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.
I35I89I9083
For section 15 of the Teaching and Higher Education Act 1998 (supply of information relating to dismissal or resignation of teachers, &c.) there is substituted—
15 Supply of information following dismissal, resignation, &c.
1
This section applies where a relevant employer—
a
has ceased to use a person’s services on a ground mentioned in section 142 of the Education Act 2002, or
b
might have ceased to use a person’s services on a ground mentioned in that section had the person not ceased to provide those services.
2
In the case of a person who was providing services to a relevant employer in England, the employer shall provide prescribed information to such of the following as may be prescribed—
a
the Secretary of State, and
b
where the person is a registered teacher, the Council.
3
In the case of a person who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to such of the following as may be prescribed—
a
the National Assembly for Wales, and
b
where the person is a registered teacher, the General Teaching Council for Wales.
4
For the purposes of this section, a reference to a ground mentioned in section 142 of the Education Act 2002 shall be read as if subsection (4)(e) was not limited to the case of a direction given by virtue of subsection (2)(d).
5
In this section—
“relevant employer” has the meaning given by section 142 of the Education Act 2002, and
“services” includes professional and voluntary services.
15A Supply of information by contractor, agency, &c.
1
This section applies to arrangements made by one person (the “agent”) for another person (the “worker”) to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).
2
Subsections (3) and (4) apply where an agent—
a
has terminated the arrangements on a ground mentioned in section 142 of the Education Act 2002,
b
might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or
c
might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.
3
In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—
a
the Secretary of State, and
b
where the person is a registered teacher, the Council.
4
In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—
a
the National Assembly for Wales, and
b
where the person is a registered teacher, the General Teaching Council for Wales.
5
If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.
6
If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.
7
A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.
8
A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.
9
Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section.
I147I21184
Section 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.
I3685
In section 19 of the Teaching and Higher Education Act 1998 (requirement for school teacher to serve induction period)—
a
in subsection (7), for “section 49 of the Education (No. 2) Act 1986” there is substituted “
section 131 of the Education Act 2002
”
,
I37I72I9786
1
Schedule 2 to the Teaching and Higher Education Act 1998 (disciplinary powers of the General Teaching Council) is amended as follows.
2
F14In paragraph 1(4) for the words from “of any powers” to the end there is substituted
of the powers exercisable by him, in cases which he considers concern the safety and welfare of persons aged under 18, under section 142 of the Education Act 2002 —
a
on the grounds that a person is unsuitable to work with children, or
b
on grounds relating to a person’s misconduct or health.
3
Paragraph 1(5) is omitted.
I38I11187School Standards and Framework Act 1998 (c. 31)
In section 1 of the School Standards and Framework Act 1998 (duty to set limit on infant class sizes), for “qualified teacher” there is substituted “
school teacher
”
.
I39I11288
In section 4 of the School Standards and Framework Act 1998 (interpretation) for the definition of “qualified teacher” there is substituted—
“school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers’ pay and conditions)
I7989
In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.
I133I21290
In section 12 of the School Standards and Framework Act 1998 (functions of Education Action Forum), in subsection (4) for the words from “under sections” to “Schedule 17,” there is substituted “
under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections,
”
.
I4091
Section 13 of the School Standards and Framework Act 1998 (disapplication of school teachers’ pay and conditions order) shall cease to have effect.
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I41I8095
In section 20 of the School Standards and Framework Act 1998 (new categories of maintained schools), in subsection (2)(b), for “section 28 or 31” there is substituted “
any enactment
”
.
I42I8196
1
Section 22 of the School Standards and Framework Act 1998 (maintenance of schools) is amended as follows.
2
In subsection (1)—
a
in paragraph (b), the words “under section 28 or 31” are omitted, and
b
in paragraph (c), the words “under section 28” are omitted.
3
In subsection (4)(b), for the words from “under paragraph 2” to the end there is substituted “
under any enactment of providing new premises for the school
”
.
4
In subsection (5)(b), for the words from “under paragraph 4” to the end there is substituted “
under any enactment of providing new premises for the school
”
.
F397
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I4399
I821
Section 45 of the School Standards and Framework Act 1998 (budget shares of maintained schools) is amended as follows.
I137I1882
After subsection (1) there is inserted—
1A
In this Chapter “maintained school” means—
a
a community, foundation or voluntary school,
b
a community or foundation special school, or
c
a maintained nursery school.
3
In subsection (3)—
I137I188a
in paragraph (a), for the words from “schools which” to “section
20(7)” there is substituted “
pupil referral units
”
, and
I82b
in paragraph (b)(i), for the words “section 28 or 31 or paragraph 5 of Schedule 7” there is
substituted “
any enactment
”
.
I44100
I1481
Section 49 of the School Standards and Framework Act 1998 (maintained schools to have delegated budgets) is amended as follows.
I1482
In subsection (4) for “local schools budget” there is substituted “
F23local authority budget or schools budget
”
.
I83I1573
In subsection (6)(b), for “or paragraph 14(2) of Schedule 6” there is substituted “
, paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000 or paragraph 8 of Schedule 8 to the Education Act 2002
”
.
I138I182101
In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation), in subsection (5) for the words from “under paragraph 6” onwards there is substituted “
under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act).
”
I139I183102
In section 61 of the School Standards and Framework Act 1998 (responsibility of governing body and head teacher for discipline) after subsection (7) there is inserted—
8
In this section “maintained school” includes a maintained nursery school.
F34I140I184103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I45I61104
1
Section 69 of the School Standards and Framework Act 1998 (duty to secure provision of religious education) is amended as follows.
2
In subsection (1), for “section 352(1)(a) of the Education Act 1996” there is
substituted “
section 80(1)(a) or 101(1)(a) of the Education Act 2002
”
.
3
In subsection (2), for “section 352(1)(a)” there is substituted “
section 80(1)(a) or 101(1)(a)
”
.
I46I62105
In section 71 of the School Standards and Framework Act 1998 (exceptions and special arrangements etc.) in subsection (2)(a) for “section 352(1)(a) of the Education Act 1996” there is substituted “
section 80(1)(a) or 101(1)(a) of the Education Act 2002
”
.
I84I185106
In section 72 of the School Standards and Framework Act 1998 (further provisions relating to new schools), in subsection (3)(a) for “section 44” there is substituted “
section 34 of the Education Act 2002
”
.
I113I192107
In section 81 of the School Standards and Framework Act 1998 (application of employment law during financial delegation), in subsection (1) for the words from “sections” to the end there is substituted “
sections 35 to 37 of the Education Act 2002 or of regulations under those sections
”
.
I47108
In section 82 of the School Standards and Framework Act 1998 (modification of trust deeds), in subsection (1), after “provision of this Act” there is inserted “
, the Learning and Skills Act 2000 or the Education Act 2002
”
.
I48I85109
In section 101 of the School Standards and Framework Act 1998 (permitted selection), in subsection (4), for the words from “under” to the end there is substituted “
, and fallen to be implemented, under any enactment
”
.
F35110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I49I213111
In section 138 of the School Standards and Framework Act 1998 (orders and regulations) in subsection (4)(a), after “20(7)” there is inserted “
45C(2),
”
.
I86I141I155I189112
In section 142 of the School Standards and Framework Act 1998 (general interpretation) in subsection (1) after the definition of “employment” there is inserted—
“exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);
“foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;
I50113
In section 143 of the School Standards and Framework Act 1998 (index)—
I156a
in the entry beginning “exclude, exclusion (in relation to the exclusion of a child from a school)” for “section 64(4)” there is substituted “
section 142(1)
”
,
I142I190b
in the entry beginning “foundation governor”, for “paragraph 2 of Schedule 9” there is substituted “
section 142(1)
”
,
I150c
in the entry beginning “individual schools budget”, for “section 46(2)” there is substituted “
section 45A(3)
”
,
F22d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I114e
in the entry beginning “qualified teacher” for “qualified teacher” there is substituted “
school teacher
”
,
I190f
in the entry beginning “school opening date” for “section 44(9)” there is substituted “
section 33(6)
”
, and
g
after the entry beginning “school which has selective admission arrangements” there is inserted—
schools budget (in Part 2)
section 45A(2)
I51I87114
In Schedule 3 to the School Standards and Framework Act 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 4(2)(a), for the words from “Part III” to “proposals)” there is substituted “
any enactment
”
.
F30115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I52I63117
1
Schedule 19 to the School Standards and Framework Act 1998 (required provision for religious education) is amended as follows.
2
In paragraph 1—
a
in sub-paragraph (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “
section 80(1)(a) or 101(1)(a) of the Education Act 2002
”
, and
b
in sub-paragraph (2), for “that Act” there is substituted “
the Education Act 1996
”
.
3
In sub-paragraph 4(4), for “section 352(1)(a) of the Education Act 1996” there is substituted “
section 80(1)(a) or 101(1)(a) of the Education Act 2002
”
.
I53118
I881
Schedule 22 to the School Standards and Framework Act 1998 (disposal of land) is amended as follows.
I882
In paragraph 1(1)(a)
(disposals of land by governing body of foundation, voluntary or foundation special school), after “Schedule 6” there is inserted “
(including that provision as applied by any enactment)
”
.
I883
In paragraph 2(1)(a) (disposals of land by foundation body)—
a
after “Schedule 6” there is inserted “
(including that provision as applied by any enactment)
”
, and
F9b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I884
In paragraph 3 (disposal of land by trustees)—
a
in sub-paragraph (1)(a)—
i
after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and
F10ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in sub-paragraph (8)(b)(ii), for “section 28 or 31” there is substituted “
any enactment
”
.
I885
In paragraph 5 (discontinuance of schools)—
a
for sub-paragraph (1)(a) there is substituted—
a
proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted or determined to be implemented under any enactment, or
and
b
in sub-paragraph (4)(c) for “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “
any enactment
”
.
I1866
In paragraph 7 (disposal of property held by governing body of maintained school on their dissolution), in sub-paragraph (1) for “paragraph 4 of Schedule 10” there is substituted “
paragraph 5 of Schedule 1 to the Education Act 2002
”
.
I102119
In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.
I54I73I98120Protection of Children Act 1999 (c. 14)
Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect.
F15121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I99122
In section 9(2) of the Protection of Children Act 1999 (proceedings of the Tribunal)—
F16a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I151b
at the end there is inserted
or
“
on an appeal under section 166 of the Education Act 2002;
F17123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I55124Learning and Skills Act 2000 (c. 21)
I2141
Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms by Learning and Skills Council for England) is amended as follows.
I2142
In subsection (1)(a) for “local schools budget” there is substituted “
schools budget
”
.
F193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I149I199125
1
Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms by National Council for Education and Training for Wales) is amended as follows.
2
In subsection (1)(a) for “local schools budget” there is substituted “
schools budget
”
.
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I143I187127Freedom of Information Act 2000 (c. 36)
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 52 there is substituted—
52
The governing body of—
a
a maintained school, as defined by section 20(7) of the School Standards and Framework Act 1998, or
b
a maintained nursery school, as defined by section 22(9) of that Act.
I56I74I100128Criminal Justice and Court Services Act 2000 (c. 43)
F181
Section 35 of the Criminal Justice and Court Services Act 2000 (persons disqualified from working with children: offences) is amended as follows.
2
For subsection (4)(b) there is substituted—
b
he is subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching, &c.), given on the grounds that he is unsuitable to work with children,
3
Subsection (5) is omitted.