SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

57After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

59In section 25 of that Act (general duty in public sector of education)—

(a)in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b)after subsection (6)(d) there is added—

“(e)the Funding Agency for Schools and the Schools Funding Council for Wales.”.

61In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62(1)Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2)Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a)paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3)Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a)if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4)Where proposals made by the Secretary of State under section 234 of this Act—

(a)are for a school to cease to be an establishment which admits pupils of one sex only, and

(b)have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5)Where—

(a)by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b)the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6)In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

Section 307.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

Section 307.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education (Schools) Act 1992 (c. 38)E+W

173(1)In section 9 of the Education (Schools) Act 1992 (schools inspection)—

(a)in subsection (3) in paragraph (e) for the words from “11(3)(a)” to the end there is substituted “ 189(1) of the Education Act 1993 (approval of independent schools for children with statements) ”,

(b)at the end of subsection (6) there is inserted “ or to the content of collective worship which falls to be inspected under section 13 ”, and

(c)in subsection (7) for “section” there is substituted “ Act ”.

(2)Schedule 2 to that Act is amended as follows.

(3)In paragraph 1, for the words from “body” (at the end of the definition of “appropriate authority”) to the end there is substituted—

““inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

“section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education. ”

(4)For “an inspection” in paragraphs 2, 3(5), 4(1), 5(1), 6 and 7 there is substituted “ a section 9 inspection ” and for “Every inspection” in paragraph 3(1) there is substituted “ Every section 9 inspection ”.

(5)For paragraph 9 there is substituted—

“9(1)Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.

(2)Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3)If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4)The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5)Where—

(a)the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b)the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6)Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7)A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall—

(a)state his opinion, and

(b)state whether the Chief Inspector agrees or disagrees with his opinion.

(8)If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the person making the report shall state his opinion in the report.

9A(1)Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall—

(a)prepare in writing a report of the inspection and a summary of the report, and

(b)state his opinion in the report.

(2)If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3)A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4)If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall state his opinion in the report.

9B(1)The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).

(2)The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.

(3)The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—

(a)the inspector,

(b)the appropriate authority, and

(c)the Secretary of State, except in the case of a maintained nursery school.

(4)This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.

9C(1)In the case of a report of a section 9 inspection of a school, the person making it shall without delay—

(a)send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b)if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2)In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3)In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4)In the case of—

(a)a special school which is not a maintained or grant-maintained special school, or

(b)an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5)The appropriate authority shall—

(a)make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b)provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.”

(6)For paragraphs 10 and 11 there is substituted—

“10(1)Where—

(a)a report of a section 9 inspection of a school, or

(b)a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2)It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a)such period as may be prescribed, or

(b)if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3)Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a)to the Chief Inspector,

(b)to the Secretary of State, except in the case of a maintained nursery school, and

(c)in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4)In the case of—

(a)a special school which is not a maintained or grant-maintained special school, or

(b)an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5)The appropriate authority shall—

(a)make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b)provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

11(1)This paragraph applies in circumstances where—

(a)in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b)either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c)a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d)if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2)Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3)The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4)The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5)In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—

(a)states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b)states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.”

(7)For paragraph 12 there is substituted—

“12(1)Where an inspection of a school is required under section 9 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.

(2)Where an inspection is conducted by a member of the Inspectorate by virtue of this paragraph, this Act shall have effect (unless the context otherwise requires) in relation to the inspection as if the member of the Inspectorate were a registered inspector.

(3)If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 6(2)(b) or 7(1), that inspection shall be treated for the purposes of section 9(1) and (2) and this Part of this Schedule as if it were an inspection under section 9 and the member of the Inspectorate were a registered inspector”.

(8)In paragraph 14(4)—

(a)in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b)in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

(9)In paragraph 15(3)—

(a)in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b)in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

57After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

59In section 25 of that Act (general duty in public sector of education)—

(a)in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b)after subsection (6)(d) there is added—

“(e)the Funding Agency for Schools and the Schools Funding Council for Wales.”.

61In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62(1)Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2)Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a)paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3)Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a)if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4)Where proposals made by the Secretary of State under section 234 of this Act—

(a)are for a school to cease to be an establishment which admits pupils of one sex only, and

(b)have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5)Where—

(a)by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b)the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6)In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

57After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

59In section 25 of that Act (general duty in public sector of education)—

(a)in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b)after subsection (6)(d) there is added—

“(e)the Funding Agency for Schools and the Schools Funding Council for Wales.”.

61In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62(1)Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2)Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a)paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3)Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a)if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4)Where proposals made by the Secretary of State under section 234 of this Act—

(a)are for a school to cease to be an establishment which admits pupils of one sex only, and

(b)have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5)Where—

(a)by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b)the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6)In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

57After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

59In section 25 of that Act (general duty in public sector of education)—

(a)in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b)after subsection (6)(d) there is added—

“(e)the Funding Agency for Schools and the Schools Funding Council for Wales.”.

61In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62(1)Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2)Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a)paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3)Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a)if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4)Where proposals made by the Secretary of State under section 234 of this Act—

(a)are for a school to cease to be an establishment which admits pupils of one sex only, and

(b)have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5)Where—

(a)by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b)the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6)In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

57After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

59In section 25 of that Act (general duty in public sector of education)—

(a)in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b)after subsection (6)(d) there is added—

“(e)the Funding Agency for Schools and the Schools Funding Council for Wales.”.

61In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62(1)Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2)Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a)paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3)Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a)if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4)Where proposals made by the Secretary of State under section 234 of this Act—

(a)are for a school to cease to be an establishment which admits pupils of one sex only, and

(b)have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5)Where—

(a)by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b)the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6)In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

57After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

59In section 25 of that Act (general duty in public sector of education)—

(a)in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b)after subsection (6)(d) there is added—

“(e)the Funding Agency for Schools and the Schools Funding Council for Wales.”.

61In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62(1)Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2)Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a)paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3)Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a)if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4)Where proposals made by the Secretary of State under section 234 of this Act—

(a)are for a school to cease to be an establishment which admits pupils of one sex only, and

(b)have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5)Where—

(a)by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b)the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6)In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

57After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

59In section 25 of that Act (general duty in public sector of education)—

(a)in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b)after subsection (6)(d) there is added—

“(e)the Funding Agency for Schools and the Schools Funding Council for Wales.”.

61In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62(1)Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2)Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a)paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3)Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a)if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4)Where proposals made by the Secretary of State under section 234 of this Act—

(a)are for a school to cease to be an establishment which admits pupils of one sex only, and

(b)have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5)Where—

(a)by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b)the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6)In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Sex Discrimination Act 1975 (c. 65)E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F156

57After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

59In section 25 of that Act (general duty in public sector of education)—

(a)in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b)after subsection (6)(d) there is added—

“(e)the Funding Agency for Schools and the Schools Funding Council for Wales.”.

61In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62(1)Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2)Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a)paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3)Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a)if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b)in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4)Where proposals made by the Secretary of State under section 234 of this Act—

(a)are for a school to cease to be an establishment which admits pupils of one sex only, and

(b)have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5)Where—

(a)by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b)the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6)In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).