SCHEDULES

SCHEDULE 3Amendments relating to school organisation

Education Act 2002 (c. 32)

I147

1

Section 129 of EA 2002 (transfer of employment) is amended as follows.

2

In subsection (1)(a), for the words from “section” to “1998” substitute “ the relevant school organisation provisions (as defined by subsection (6)) ”.

3

After subsection (5) insert—

6

In subsection (1)(a) “the relevant school organisation provisions” means—

a

in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and

b

in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998.

I248

In Schedule 1 to EA 2002 (incorporation and powers of governing body), in paragraph 5 (dissolution of governing body) for sub-paragraph (2) substitute—

2

In this paragraph “the discontinuance date” means—

a

in relation to a school in England, whichever of the following is relevant—

i

the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 or under Schedule 7 or 7A to the Learning and Skills Act 2000,

ii

the date on which the school is discontinued under section 30 of the 1998 Act, or

iii

the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006;

b

in relation to a school in Wales, whichever of the following is relevant—

i

the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000,

ii

the date on which the school is discontinued under section 30 of the 1998 Act, or

iii

the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act.