SCHEDULE 5MINOR AND CONSEQUENTIAL AMENDMENTS
PART 2AMENDMENTS RELATING TO PART 3 (SCHOOL ORGANISATION)
19School Standards and Framework Act 1998
1
The School Standards and Framework Act 1998 is amended as follows.
2
In section 20(2A)(b) (new categories of maintained schools) after “this Act” insert “or sections 45 to 55 of, and Schedule 4 to, the School Standards and Organisation (Wales) Act 2013”.
3
In section 21(6) (kinds of foundation and voluntary schools and types of foundations)—
a
in paragraph (a)—
i
omit “in accordance with Schedule 8 or”, and
ii
after “Act 2006” insert “or in accordance with proposals made under section 45 of the School Standards and Organisation (Wales) Act 2013”;
b
in paragraph (f)—
i
in sub-paragraph (i), omit “under paragraph 2 of Schedule 8 or” and after “Act 2006” insert “or under section 48 of the School Standards and Organisation (Wales) Act 2013”,
ii
in sub-paragraph (ii), for “that paragraph or that section” substitute “either of those sections”,
iii
omit sub-paragraph (iii).
4
Omit sections 28 and 29 (proposals for establishment, alteration and discontinuance of mainstream schools).
5
In section 30 (notice by governing body to discontinue foundation or voluntary school)—
a
in subsection (1) after “voluntary school” insert “in England”;
b
in subsection (3) omit paragraph (b);
c
in subsection (9) omit paragraph (a);
d
in the heading after “voluntary school” insert “in England”.
6
Omit sections 31 to 35 (provisions relating to special schools, rationalisation of school places and change of category of schools).
7
In section 49(6) (maintained schools to have delegated budgets)—
a
omit “paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000”,
b
after “2002” insert “section 75(2)(b) of, or paragraph 4 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013”.
8
In section 82(1) (modification of trust deeds) for “or the Academies Act 2010” substitute “, the Academies Act 2010 or the School Standards and Organisation (Wales) Act 2013”.
9
Omit section 101(3) (permitted selection: pupil banding).
10
In section 103(2)(b) (permitted selection: introduction, variation or abandonment of provision for such selection) for “prescribed alteration for the purposes of section 28” substitute “regulated alteration within the meaning of Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013”.
11
In section 143 (index)—
a
omit the entry beginning “alteration”;
b
omit the entry beginning “area”;
c
omit the entry beginning “discontinuing”;
d
omit the entry beginning “promoters”;
e
omit the entry beginning “school opening date”.
12
In Schedule 3 (funding of foundation, voluntary and foundation special schools)—
a
in paragraph 2(2)(a)(ii), for the words from “or promoters” to “proposals)” substitute “or the person by whom proposals were made is required to provide by virtue of Part 2 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (provision of premises and other assistance)”;
b
in paragraph 7—
i
in sub-paragraph (3)(a) after “28,” insert—
ia
the implementation of proposals made under section 42 of the School Standards and Organisation (Wales) Act 2013 to make a regulated alteration to a school,
ii
in sub-paragraph (5) for “to the promoters” substitute—
a
in relation to England, to the promoters, and
b
in relation to Wales, to the person who made the proposals under section 41(2) of the School Standards and Organisation (Wales) Act 2013
13
Omit Schedules 6 to 8 (provisions about procedure and implementation of statutory proposals, rationalisation of school places and changes of category of schools).
14
In Schedule 22 (disposals of land)—
a
in paragraph 1,—
i
in sub-paragraph (1) for “, voluntary or foundation special” substitute “or voluntary”;
ii
after sub-paragraph (1)(a) insert—
aa
any land acquired under paragraph 7 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under that paragraph as applied by section 76(1) of that Act or under Part 3 of Schedule 4 to that Act;
b
in paragraph 2, after sub-paragraph (1)(a) insert—
aa
any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under either of those paragraphs as applied by section 76(1) or (3) of that Act or under Part 3 of Schedule 4 to that Act;
c
in paragraph 2A—
i
in sub-paragraph (1) omit “or foundation special”;
ii
after sub-paragraph (1)(a) insert—
aa
any land acquired under paragraph 7 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under that paragraph as applied by section 76(1) of that Act or under Part 3 of Schedule 4 to that Act;
iii
in sub-paragraph (1)(b) after “(a)” insert “or (aa)”;
iv
in sub-paragraph (1)(c) omit “or foundation special”;
v
in sub-paragraph (2)(a)(ii) after “(a)” insert “or (aa)”;
vi
in sub-paragraph (2)(b) after “(a)” insert “or (aa)”;
vii
in sub-paragraph (6) omit “or foundation special”;
viii
in the heading omit “or foundation special school”;
d
in paragraph 3—
i
in sub-paragraph (1) for “, voluntary or foundation special” substitute “or voluntary”;
ii
after sub-paragraph (1)(a) insert—
aa
any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under those paragraphs as applied by section 76(1) or (3) of that Act or under Part 3 of Schedule 4 to that Act;
iii
in sub-paragraph (3) after “(a),” insert “(aa),”;
iv
in sub-paragraph (4)(c)(ii) after “this Act” insert “or under paragraph 7(6) of Schedule 3 to the School Standards and Organisation (Wales) Act 2013”;
v
in sub-paragraph (8)(b)(i) for “, voluntary or foundation special” substitute “or voluntary”;
vi
in sub-paragraph (8)(b)(ii) for “foundation, voluntary or foundation special” substitute “voluntary”;
vii
in sub-paragraph (12) for “, voluntary or foundation special” substitute “or voluntary”;
viii
in the heading for “, voluntary or foundation special” substitute “or voluntary”;
e
in paragraph 4(1)(a)(i) for “, voluntary or foundation special” substitute “or voluntary”;
f
in paragraph 5—
i
in sub-paragraph (1)(b)(i) for “, voluntary or foundation special” substitute “or voluntary”;
ii
omit sub-paragraph (1)(b)(ii);
iii
in sub-paragraph (4)(c) after “alteration” insert “or regulated alteration”;
iv
in sub-paragraph (4A) omit “or foundation special” and after “(a),” insert “(aa),”;
v
in sub-paragraph (4B)(b)(ii) omit “or foundation special”;
vi
in sub-paragraph (4B)(d) after “alteration” insert “or regulated alteration”;
vii
in sub-paragraph (6)(a) after “2A(1)(a),” insert “(aa),”;
g
in paragraph 6—
i
in sub-paragraph (1) after “section 30(1)” insert “or section 80 of the School Standards and Organisation (Wales) Act 2013”;
ii
in sub-paragraph (2)(a) after “section 30(2)” insert “or section 80(2) of the School Standards and Organisation (Wales) Act 2013”;
h
in paragraph 8—
i
in sub-paragraph (1) after “section 30(10)” insert “or section 80(11) of the School Standards and Organisation (Wales) Act 2013”;
ii
in sub-paragraph (2) after “section 30(2)(a) to (d)” insert “or section 80(2) of the School Standards and Organisation (Wales) Act 2013”;
i
in paragraph 10 after sub-paragraph (1)(e) insert—
f
“regulated alteration” has the same meaning as in Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013.