SCHEDULES

Prospective

Education Act 1996 (c. 56)E+W

5E+WThe Education Act 1996 is amended as follows.

6E+WFor section 6(2) (reference to definition of special school) substitute—

“(2)A school is a special school if—

(a)it is specially organised, and

(b)in the case of a school that is not maintained by a [F1local authority], it is approved,

as mentioned in section 337.”

7E+WIn section 313(5) (codes of practice) for “Part” substitute “ Chapter ”.

8E+WAfter section 537A insert—

“537AAApplication of sections 537 and 537A to certain part-time educational institutions in England

(1)Sections 537 and 537A (powers of the Secretary of State to require information from governing bodies etc) apply in relation to a relevant part-time educational institution as they apply in relation to an independent school.

(2)In the application of sections 537 and 537A by virtue of this section—

(a)references to a pupil at an independent school are to be read as references to a student at a relevant part-time educational institution;

(b)references to the proprietor of an independent school are to be read as references to the person or body of persons responsible for the management of a relevant part-time educational institution.

(3)In this section—

(a)“relevant part-time educational institution” means an independent educational institution in England that is not an independent school;

(b)“independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008 (see section 92 of that Act);

(c)“student” has the same meaning as in that Chapter (see section 138 of that Act).”

9(1)Section 548 (no right to give corporal punishment) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), for “school” substitute “ relevant educational institution ”;

(b)in paragraphs (b) and (c), for “school” substitute “ a relevant educational institution ”.

(3)In subsection (2) for “school” substitute “ relevant educational institution ”.

(4)In subsection (6)—

(a)in paragraph (a) for “school” substitute “ relevant educational institution ”;

(b)in paragraph (b)(i) for “school” substitute “ institution ”.

(5)After subsection (7) insert—

“(7A)“Relevant educational institution” means—

(a)a school, or

(b)an independent educational institution in England other than a school.

(7B)In subsection (7A)(b) “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008 (see section 92 of that Act).”

10E+WIn the table in section 580 (index), in the entry for “the Tribunal” for “(in Part IV)” substitute “(in Chapter 1 of Part 4).

11E+WIn that table insert the following entries at the appropriate places—