F11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 paras. 1-4 and cross-heading repealed (1.10.2010) by Equality Act 2010 (c. 15), s. 211(2), Sch. 27 Pt. 1 (as substituted by S.I. 2010/2279, arts. 2, 13, Sch. 2); S.I. 2010/2317, art. 1(2), 2(1)(15)(c)(f)
F22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 1 paras. 1-4 and cross-heading repealed (1.10.2010) by Equality Act 2010 (c. 15), s. 211(2), Sch. 27 Pt. 1 (as substituted by S.I. 2010/2279, arts. 2, 13, Sch. 2); S.I. 2010/2317, art. 1(2), 2(1)(15)(c)(f)
F33E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 1 paras. 1-4 and cross-heading repealed (1.10.2010) by Equality Act 2010 (c. 15), s. 211(2), Sch. 27 Pt. 1 (as substituted by S.I. 2010/2279, arts. 2, 13, Sch. 2); S.I. 2010/2317, art. 1(2), 2(1)(15)(c)(f)
F44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1 paras. 1-4 and cross-heading repealed (1.10.2010) by Equality Act 2010 (c. 15), s. 211(2), Sch. 27 Pt. 1 (as substituted by S.I. 2010/2279, arts. 2, 13, Sch. 2); S.I. 2010/2317, art. 1(2), 2(1)(15)(c)(f)
Prospective
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 [F5local authority], it is approved,
as mentioned in section 337.”
Textual Amendments
F5Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 15(2)
7E+WIn section 313(5) (codes of practice) for “Part” substitute “ Chapter ”.
8E+WAfter section 537A insert—
(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—
| “a non-maintained special school (in Chapter 2 of Part 4). | section 337A.” |
Textual Amendments
F6Sch. 1 para. 11 entry omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 6(l)(iii); S.I. 2021/373, art. 8(j)(xviii)
12E+WIn section 113BA of the Police Act 1997 (suitability information relating to children), in subsection (2)(e)—
(a)after “under” insert “ section 128 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or ”;
(b)after “school” insert “ in Wales ”.
Commencement Information
I1Sch. 1 para. 12 in force at 8.9.2014 by S.I. 2014/2379, art. 2(h)
13E+WThe Education Act 2002 is amended as follows.
Commencement Information
I2Sch. 1 para. 13 in force at 1.9.2009 for specified purposes by S.I. 2009/1606, art. 3 (with art. 6)
Prospective
14E+WIn the definition of “qualifying body” in section 1(3) (interpretation) for paragraph (g) substitute—
“(g)the proprietor of a school approved under section 342 of the Education Act 1996 (non-maintained special schools).”
15E+WBefore section 157 insert—
(1)References in this Chapter to an independent school are to an independent school in Wales.
(2)For provision regulating independent schools in England, see Chapter 1 of Part 4 of the Education and Skills Act 2008.”
Commencement Information
I3Sch. 1 para. 15 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
16E+WIn section 157 (independent school standards) omit subsections (1A) and (2)(b).
Commencement Information
I4Sch. 1 para. 16 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
17E+WIn section 158 (the registers)—
(a)omit subsections (1)(a) and (2);
(b)in subsection (3), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”.
Commencement Information
I5Sch. 1 para. 17 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
18E+WOmit sections 162A and 162B (inspection of registered schools in England).
Commencement Information
I6Sch. 1 para. 18 in force at 1.9.2009 for specified purposes by S.I. 2009/1606, art. 3 (with art. 6)
I7Sch. 1 para. 18 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
19E+WIn section 163 (power to inspect registered schools in Wales)—
(a)in the title, omit “in Wales”;
(b)in subsection (1)(a), omit “for Wales” and “in Wales”;
(c)in subsection (5), omit the definition of “the Chief Inspector for Wales”.
Commencement Information
I8Sch. 1 para. 19 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
20E+WIn section 164 (inspections under section 163: supplementary) omit “for Wales” in subsections (1), (2)(a) (in both places), (3), (4), (9), (11) and (12).
Commencement Information
I9Sch. 1 para. 20 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
21E+WIn section 165(1)(a) (failure to meet standards) omit “162A or”.
Commencement Information
I10Sch. 1 para. 21 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
22E+WIn section 167A (prohibition on participation in management of independent schools)—
(a)omit subsection (6)(a);
(b)in subsection (6)(b) omit “in relation to Wales,”.
Commencement Information
I11Sch. 1 para. 22 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
23E+WFor sections 167C and 167D (information and notification in relation to directions under section 167A) substitute—
(1)Where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers may provide to that authority any information relating to a person which is held by the Welsh Ministers in connection with the Welsh Ministers' functions under this Chapter.
(2)The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State and which appears to the Secretary of State to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.
(3)The Chief Inspector may provide to the appropriate authority any information relating to a person which appears to the Chief Inspector to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.
(4)The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.
(5)The appropriate authority may provide to the Independent Barring Board, F7... the General Teaching Council for Wales, the Chief Inspector, the Secretary of State or, where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers, any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.
Where the appropriate authority gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—
(a)the registration authority (unless the appropriate authority is the registration authority), and
(b)the Secretary of State and (if different) the appropriate authority for the purposes of sections 128 to 131 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institutions in England).”
Textual Amendments
F7Words in Sch. 1 para. 23 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 20(b); S.I. 2012/924, art. 2
Commencement Information
I12Sch. 1 para. 23 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
24(1)Section 171 is amended as follows.E+W
(2)In the definition of “Chief Inspector”—
(a)omit paragraph (a);
(b)in paragraph (b) omit “in relation to a school in Wales,”.
(3)Omit the definition of “early years provision”.
(4)In the definition of “the register”—
(a)omit paragraph (a);
(b)in paragraph (b) omit “in relation to a school in Wales,”.
(5)In the definition of “registration authority” for paragraphs (a) and (b) substitute “ the Welsh Ministers ”.
Commencement Information
I13Sch. 1 para. 24 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z) (with art. 4)
25E+WThe Education Act 2005 is amended as follows.
Commencement Information
I14Sch. 1 para. 25 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
Prospective
26E+WFor section 5(2)(g) (duty to inspect certain schools) substitute—
“(g)schools approved under section 342 of the Education Act 1996 (non-maintained special schools).”
Prospective
27E+WFor section 28(2)(d) (duty to arrange inspections of certain schools) substitute—
“(d)schools approved under section 342 of the Education Act 1996 (non-maintained special schools).”
28(1)Section 59 (combined reports) is amended as follows.E+W
(2)In subsection (1)(d), after “independent schools” insert “ in Wales ”.
(3)After subsection (1)(e) (inserted by paragraph 44(d) of Schedule 2 to the Childcare Act 2006 (c. 21)) insert “, and
(f)Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational provision in England).”
Commencement Information
I15Sch. 1 para. 28 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
29E+WIn section 62(4)(a) (power of Welsh Ministers to change inspection framework for Wales) for sub-paragraph (iv) substitute—
“(iv)sections 106 to 113 of the Education and Skills Act 2008 (independent educational institutions in England),”.
Commencement Information
I16Sch. 1 para. 29 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
30E+WThe Childcare Act 2006 is amended as follows.
Commencement Information
I17Sch. 1 para. 30 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
31(1)Section 13 (duty to provide information, advice and training to childcare providers) is amended as follows.E+W
(2)In subsection (1)(c)—
(a)in the opening words, for “schools” substitute “ institutions ”;
(b)in sub-paragraph (ii), for “approved by the Secretary of State” substitute “ approved ”;
(c)in sub-paragraph (iii), for “an independent school” substitute “ an independent educational institution ”.
(3)In subsection (1)(d) for “school” substitute “ institution ”.
Commencement Information
I18Sch. 1 para. 31 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
32(1)Section 34(2) (requirement to register: other early years providers) is amended as follows.E+W
(2)In paragraph (a)—
(a)in the opening words for “schools” substitute “ institutions ” and for “school's” substitute “ institution's ”;
(b)in sub-paragraph (ii) for “approved by the Secretary of State” substitute “ approved ”;
(c)in sub-paragraph (iii) for “an independent school” substitute “ an independent educational institution ”.
(3)In paragraph (b) for “school” in both places substitute “ institution ”.
(4)For paragraph (c) substitute—
“(c)where the provision is made at a school (including a school that is an independent educational institution)—
(i)the child is a registered pupil at the school, or
(ii)if the provision is made for more than one child, at least one of the children is a registered pupil at the school.”
Commencement Information
I19Sch. 1 para. 32 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
33E+WIn section 49 (inspections) in subsection (4) for “independent school” substitute “ independent educational institution ”.
Commencement Information
I20Sch. 1 para. 33 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
34(1)Section 53(2) (requirement to register: other later years providers for children under eight) is amended as follows.E+W
(2)In paragraph (a)—
(a)in the opening words for “schools” substitute “ institutions ” and for “school's” substitute “ institution's ”;
(b)in sub-paragraph (ii) for “approved by the Secretary of State” substitute “ approved ”;
(c)in sub-paragraph (iii) for “an independent school” substitute “ an independent educational institution ”.
(3)In paragraph (b) for “school” in both places substitute “ institution ”.
(4)For paragraph (c) substitute—
“(c)where the provision is made at a school (including a school that is an independent educational institution)—
(i)the child is a registered pupil at the school, or
(ii)if the provision is made for more than one child, at least one of the children is a registered pupil at the school.”
Commencement Information
I21Sch. 1 para. 34 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
35(1)Section 63(3) (applications for registration on the general register: other childcare providers) is amended as follows.E+W
(2)In paragraph (a)—
(a)in the opening words for “schools” substitute “ institutions ” and for “school's” substitute “ institution's ”;
(b)in sub-paragraph (ii) for “approved by the Secretary of State” substitute “ approved ”;
(c)in sub-paragraph (iii) for “an independent school” substitute “ an independent educational institution ”.
(3)In paragraph (b) for “school” in both places substitute “ institution ”.
(4)For paragraph (c) substitute—
“(c)where the provision is made at a school (including a school that is an independent educational institution)—
(i)the child is a registered pupil at the school, or
(ii)if the provision is made for more than one child, at least one of the children is a registered pupil at the school.”
Commencement Information
I22Sch. 1 para. 35 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
36E+WIn section 106 (general interpretation) for the definition of “independent school” substitute—
““independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008;”.
Commencement Information
I23Sch. 1 para. 36 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
37E+WThe Education and Inspections Act 2006 is amended as follows.
Commencement Information
I24Sch. 1 para. 37 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
38(1)Section 11 (publication of proposals to establish maintained schools: special cases) is amended as follows.E+W
(2)In subsection (3)(a) for “Chapter 1 of Part 10 of EA 2002 (regulation of independent schools)” substitute “ Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational institutions in England) ”.
(3)In subsection (9) for “approved by the Secretary of State” substitute “ approved ”.
Commencement Information
I25Sch. 1 para. 38 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
Prospective
39E+WIn the following provisions for “approved by the Secretary of State or the Assembly” substitute “ approved ”
(a)paragraph (e) of the definition of “relevant school” in section 88(5);
(b)the definition of “governing body” in that provision.
40(1)Section 171 (prohibition on participation in management: transitional provision) is amended as follows.E+W
(2)In subsection (5), in the definition of “regulations”, for paragraphs (a) and (b) substitute “ by the Welsh Ministers; ”.
Commencement Information
I26Sch. 1 para. 40 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)
41(1)The Safeguarding Vulnerable Groups Act 2006 is amended as follows.E+W
(2)In Schedule 4 (regulated activity), paragraph 1(10) is amended as follows.
F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In paragraph (c) after “school” insert “ in Wales ”.
Textual Amendments
F8Sch. 1 para. 41(3) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
Commencement Information
I27Sch. 1 para. 41 in force at 5.1.2015 by S.I. 2014/3364, art. 2(z)