Education and Inspections Act 2006

Section 30

SCHEDULE 3E+WAmendments relating to school organisation

Local Government Act 1972 (c. 70)E+W

1E+WIn section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176), omit subsection (1A)(b) (which relates to school organisation committees).

Local Government Act 1974 (c. 7)E+W

2E+WIn section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)—

(a)omit paragraph (a) (which relates to school organisation committees), and

(b)in paragraph (c), for “that Act” substitute “ the School Standards and Framework Act 1998 ”.

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Further and Higher Education Act 1992 (c. 13)E+W

6(1)Section 58 of the Further and Higher Education Act 1992 (reorganisation of schools involving establishment of further education corporation) is amended as follows.E+W

(2)In subsection (3), for paragraph (b) substitute—

“(b)a prescribed alteration within the meaning of the relevant school organisation provision has been made to the school,”.

(3)After that subsection insert—

“(4)In subsection (3)(b) “the relevant school organisation provision” means—

(a)in relation to England, section 18 of the Education and Inspections Act 2006, and

(b)in relation to Wales, section 28 of the School Standards and Framework Act 1998.”

Education Act 1996 (c. 56)E+W

7(1)Section 5 of EA 1996 (primary schools, secondary schools and middle schools) is amended as follows.E+W

(2)For subsection (3) substitute—

“(3)In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—

(a)have attained a specified age below 10 years and six months, and

(b)are under a specified age above 12 years.

(3A)The enactments mentioned in subsection (3) are—

(a)in relation to England—

(i)section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,

(ii)section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and

(iii)section 7, 10, 11 or 19 of the Education and Inspections Act 2006;

(b)in relation to Wales, section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998.”

8E+WIn section 332B of EA 1996 (resolution of disputes), in subsection (8)(c), for “a city academy” substitute “ an Academy ”.

9(1)Section 394 of EA 1996 (determination of cases in which requirement for Christian collective worship is not to apply) is amended as follows.E+W

(2)In subsection (8), for “(by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)” substitute “ (by virtue of the relevant enactments) ”.

(3)After that subsection insert—

“(9)In subsection (8) “the relevant enactments” means—

(a)in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

(b)in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.”

10(1)Section 529 of EA 1996 (power to accept gifts on trust for educational purposes) is amended as follows.E+W

(2)After subsection (1) insert—

“(1A)Any intention on the part of a local education authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 10 and 11 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.”

(3)In subsection (2)—

(a)after “local education authority” insert “ in Wales ”,

(b)omit “(other than a nursery school or a special school)”, and

(c)for the words from “the purposes of” to the end substitute “ for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales: procedure and implementation) shall apply accordingly. ”

(4)In subsection (3)—

(a)after “subsection” insert “ (1A) or ”, and

(b)at the end insert “ , a community special school or a maintained nursery school. ”

11(1)Section 530 of EA 1996 (compulsory purchase of land) is amended as follows.E+W

(2)In subsection (1), for paragraph (c) substitute—

“(c)is required for the purposes of an Academy (whether established or to be established).”

(3)In subsection (3), for the words from “borne by them” to the end substitute “borne by them—

(a)in the case of an authority in England, under paragraph 7(1) of Schedule 7A to the Learning and Skills Act 2000 (power to give assistance in relation to carrying out of obligations under that Schedule) or under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a local education authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or

(b)in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment).”

12(1)In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as follows.E+W

(2)In sub-paragraph (2)(b), for the words from “published” onwards substitute “ published under section 7 of the Education and Inspections Act 2006 (invitation for proposals for establishment of new schools) as a possible site for a new school ”.

(3)In sub-paragraph (3)(d), for the words from “published” onwards substitute “ published under section 7 of the Education and Inspections Act 2006 ”.

School Standards and Framework Act 1998 (c. 31)E+W

13(1)Section 20 of SSFA 1998 (new categories of maintained schools) is amended as follows.E+W

(2)In subsection (2), for “Schedule 8”, wherever occurring, substitute “ the change of category provisions ”.

(3)After subsection (2) insert—

“(2A)In subsection (2) “the change of category provisions” means—

(a)in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and

(b)in the case of a school in Wales, Schedule 8 to this Act.”

14E+WIn section 21 of SSFA 1998 (kinds of foundation and voluntary schools and types of foundations), in subsection (6)—

(a)in paragraph (a), after “Schedule 8” insert “ or under section 19 of the Education and Inspections Act 2006 ”,

(b)in paragraph (f)—

(i)in sub-paragraph (i), after “Schedule 8” insert “ or under section 19 of the Education and Inspections Act 2006 ”,

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(iii)in sub-paragraph (iii), after “voluntary school” insert “ in Wales ”,

(c)in paragraph (h), after “his consent” insert “ or to the disposal of which paragraph A9 of Schedule 22 would apply ”, and

(d)in paragraph (i), omit “school organisation committees and”.

15E+WIn section 22 of SSFA 1998 (maintenance and other funding of schools) for subsection (2) substitute—

“(2)Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.”

16E+WIn section 25 of SSFA 1998 (adjudicators), in subsection (2), for “or Part 2 of the Education Act 2005” substitute “ or Part 2 of the Education and Inspections Act 2006 ”.

17E+WOmit section 27 of SSFA 1998 (power to require committees or adjudicators for Wales).

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19E+WOmit section 28A of SSFA 1998 (proposals for establishment of community, foundation or voluntary school maintained by English local education authority).

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21E+WIn section 30 of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school) for subsection (9) substitute—

“(9)Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school—

(a)sections 29 and 33 of this Act (which relate to Wales), and

(b)sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).”

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27(1)Section 79 of SSFA 1998 (stamp duty) is amended as follows.E+W

(2)In subsection (1)—

(a)omit the word “or” at the end of paragraph (b), and

(b)at the end of paragraph (c) insert “, or

(d)any regulations made under section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section.”.

(3)In subsection (3), for “subsection (1)” substitute “ subsection (1)(a) to (c) ”.

28E+WIn section 82 of SSFA 1998 (modification of trust deeds), in subsection (1), for “or the Education Act 2002” substitute “ , the Education Act 2002 or the Education and Inspections Act 2006 ”.

29(1)Section 109 of SSFA 1998 (proposals by governing body of grammar school to end selective admission arrangements) is amended as follows.E+W

(2)In subsection (2)—

(a)for “for the purposes of section 28” substitute “ under section 18 of the 2006 Act ”, and

(b)for “that section” substitute “ section 19 of the 2006 Act ”.

(3)In subsection (3)—

(a)in paragraph (a), for “section 28 or Schedule 6” substitute “ sections 19 to 24 of the 2006 Act or regulations under those sections ”, and

(b)in paragraph (b), for “section 28” substitute “ section 19 of the 2006 Act ”.

(4)In subsection (4)—

(a)for “section 28” substitute “ section 19 of the 2006 Act ”, and

(b)for “paragraph 5 or 10 of Schedule 6” substitute “ regulations under section 24 of that Act ”.

(5)After subsection (5) insert—

“(6)In this section “the 2006 Act” means the Education and Inspections Act 2006.”

30E+WIn section 143 of SSFA 1998 (index)—

(a)in the entry beginning “promoters”—

(i)after “Part II” insert “ in relation to Wales ”, and

(ii)omit “or 28A(2)”

(b)omit the entry beginning “school organisation committee”.

31(1)Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools) is amended as follows.E+W

(2)In paragraph 2(2), for paragraph (a) substitute—

“(a)apply in relation to the provision of any site or buildings which—

(i)in the case of a school in England, the authority or the person by whom any proposals were made are required to provide by virtue of Part 3 of Schedule 2 to the Education and Inspections Act 2006 (provision of premises in connection with proposals for establishment of school) or by virtue of regulations under section 24 of that Act (implementation of proposals for alteration of school), or

(ii)in the case of a school in Wales, the authority or promoters are required to provide by virtue of Part 3 of Schedule 6 (provision of premises in connection with statutory proposals); or”.

(3)At the beginning of Part 2 insert—

“Interpretation of PartE+W

2AIn this Part of this Schedule “promoters”, in relation to a school in England, means persons who are for the purposes of Schedule 2 to the Education and Inspections Act 2006 the proposers in relation to proposals for the establishment of the school.”

32E+WIn Schedule 5 to SSFA 1998 (adjudicators), in paragraph 5(1) for “or under Part 2 of the Education Act 2005” substitute “ or under Part 2 of the Education and Inspections Act 2006 ”.

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Learning and Skills Act 2000 (c. 21)E+W

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Education Act 2002 (c. 32)E+W

47(1)Section 129 of EA 2002 (transfer of employment) is amended as follows.E+W

(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.”

48E+WIn 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.”.

Education Act 2005 (c. 18)E+W

49E+WOmit sections 64 to 67 of EA 2005 (which relate to school organisation in England).

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51E+WIn section 69 of EA 2005 ( [F12local authority] not to establish school on opposite side of Welsh border), omit paragraph (a).

52E+WOmit section 73 of EA 2005 (interpretation of Part 2).

53E+WOmit Schedules 10 and 11 to EA 2005 (which relate to school organisation in England).