Sch 7 para. 2 wholly in force at 1.3.1998; Sch. 7 para. 2 not in force at Royal Assent see s. 58(3); Sch. 7 para. 2 in force at 1.10.1997 except so far as sub-paragraph (1) provides that the definition of “ public body” shall cease to include SCAA by S.I. 1997/1468, art. 2 Sch. 1 Pt. III; Sch. 7 para. 2(1) in force at 1.3.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. I
Sch 7 para. 3 wholly in force at 1.3.1998; Sch. 7 para. 3 not in force at Royal Assent see s. 58(3); Sch. 7 para. 3(1) in force at 1.10.1997 except so far as it omits the entry relating to SCAA by S.I. 1997/1468, art. 2 Sch. 1 Pt. III; Sch. 7 para. 3(1) in force at 1.3.1998 insofar as not already in force and Sch. 7 para. 3(2) in force at 1.3.1998 by S.I. 1998/386, art. 2, Sch. 1 Pt. I
Sch 7 para. 4 wholly in force at 1.3.1998; Sch. 7 para. 4 not in force at Royal Assent see s. 58(3); Sch. 7 para. 4 in force at 1.10.1997 except so far as it omits the entry relating to SCAA by S.I. 1997/1468, art. 2 Sch. 1 Pt. III; Sch. 7 para. 4 in force at 1.3.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. I
Sch. 7 para. 7 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pts. I, II (subject to transitional provisions in Sch. 2 Pts. I, II)
Sch. 7 para. 26 wholly in force at 11.3.1998; Sch.7 para. 26 not in force at Royal Assent see s. 58(3); Sch. 7 para. 26 in force at 1.10.1997 insofar as it omits ss. 360, 361 by S.I. 1997/1468, art.2, Sch. 1 Pt. III and in force at 1.3.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. I
Sch. 7 paras. 27, 28 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)
Sch. 7 paras. 27, 28 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)
Sch. 7 para. 30 wholly in force; Sch. 7 para. 30 not in force at Royal Assent see s. 58(3); Sch. 7 para. 30(a) in force at 1.10.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. III; Sch. 7 para. 30(b) in force at 1.9.2001 by S.I. 2001/1215, art. 2
Sch. 7 para. 44 wholly in force at 1.9.1997; Sch. 7 para. 44 not in force at Royal Assent see s. 58(3); Sch. 7 para. 44 in force at 14.6.1997 to the extent that it inserts the reference to “school year” into section 580 of the 1996 Act and in force at 1.9.1997 insofar as not already in force by S.I. 1997/1468, art. 2, Sch.1 Pts. I, II
Sch. 7 para. 48 wholly in force at 1.4.1998; Sch. 7 para. 48(2) in force at Royal Assent, see s. 58(4); Sch.7 para. 48(1)(3) in force at 1.4.1998 by S.I.1998/386, art. 2, Sch.1 Pt. II
Sch. 7 para. 20 wholly in force at 1.9.1998; Sch. 7 para. 20 not in force at Royal Assent see s. 58(3); Sch. 7 para. 20(a) in force at 14.6.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. I; Sch. 7 para. 20(b) in force at 1.4.1998 except so far as it subsitutes “307A” for “307” and in force at 1.9.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pts. II, IV
Sch. 7 para. 31 partly in force; Sch.7 para. 31 not in force at Royal Assent see s. 58(3); Sch. 7 para. 31 in force at 1.9.1997 except so far as sub-paragraph (2) inserts the words “section 413B(3) (home-school partnership documents)” by S.I. 1997/1468, art. 2, Sch. 1 Pt. II
Sch. 7 para. 34 partly in force; Sch. 7 para. 34 not in force at Royal Assent see s. 58(3); Sch. 7 para. 34 in force at 1.9.1997 except so far as substituting the words “413A and 413B” for the word “413” and except for sub paragraphs (b) and (c) by S.I. 1997/1468, art. 2, Sch. 1 Pt. II; Sch. 7 para. 34(b)(c) in force at 1.8.1998 by S.I. 1998/386, art. 2, Sch. 1 Pt. III
Sch. 7 para. 49 partly in force; Sch. 7 para. 49 not in force at Royal Assent see s. 58(3); Sch. 7 para. 49(1) and para 49(3) except for paragraph (a) of paragaph 6(2A) to be inserted into Schedule 23 to the 1996 Act in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. II; Sch. 7 para. 49(3) in force at 1.9.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. IV
Sch. 7 para. 6 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)
Section 57(1).
In Part II of the Table at the end of paragraph 3 of Schedule 1 to the Public Records Act 1958 (organisations whose records are public records), insert at the appropriate places—
Qualifications, Curriculum and Assessment Authority for Wales
Qualifications and Curriculum Authority
Subject to sub-paragraph (2), in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies), “
shall include the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales; and
shall cease to include the School Curriculum and Assessment Authority and the Curriculum and Assessment Authority for Wales.
The provision in sub-paragraph (1) shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).
In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies (bodies in respect of which there are superannuation schemes)—
omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority; and
insert at the appropriate places—
the Qualifications, Curriculum and Assessment Authority for Wales
the Qualifications and Curriculum Authority
Section 1 of that Act (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons who at any time before the coming into force of section 21 of this Act have ceased to serve in employment with the National Council for Vocational Qualifications.
Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows.
Omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority.
Insert at the appropriate places—
Any member of the Qualifications, Curriculum and Assessment Authority for Wales constituted under section 27 of the Education Act 1997 in receipt of remuneration.
Any member of the Qualifications and Curriculum Authority constituted under section 21 of the Education Act 1997 in receipt of remuneration.
Omit the entry relating to the National Council for Vocational Qualifications.
In Schedule 3 to the Local Government Finance Act 1982 (the Audit Commission), in paragraph 9(2) (functions to be managed separately), after paragraph (ab) (inserted by Schedule 3 to the
its functions under section 41 of the Education Act 1997 (inspections of local education authorities);
In section 32(10) of the Finance Act 1991 (relief in respect of a qualifying course of vocational training), for paragraph (a)(i) substitute—
accredited as a National Vocational Qualification by the Qualifications and Curriculum Authority or by the Qualifications, Curriculum and Assessment Authority for Wales, or
In Schedule 2 to the Charities Act 1993 (exempt charities)—
for paragraph (da) substitute—
the Qualifications and Curriculum Authority;
for paragraph (f) substitute—
the Qualifications, Curriculum and Assessment Authority for Wales;
In section 1(2) of the Nursery Education and Grant-Maintained Schools Act 1996 (arrangements for making grants in respect of nursery education), for paragraph (a) substitute—
before they begin to be of compulsory school age; but
Section 3 of the Education Act 1996 (definition of pupil etc.) shall be amended as follows.
At the end of subsection (1) insert—
and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.
In subsection (3), for “The definition of “
In section 4(2) of that Act (schools: general)—
for “For” substitute
omit “(pupil referral units)”.
In section 6(1) of that Act (nursery schools), for “the age of five” substitute
In section 14(4) of that Act (functions of LEA in respect of provision of primary and secondary schools), for “the age of
five” substitute
In section 17(2) of that Act (powers of LEA in respect of nursery education), for “the age of five”, in
both places, substitute
In section 29(6)(b) of that Act (requirement of LEA to publish information as to their policy and arrangements for primary or secondary education
not to apply in relation to nursery schools, etc.), for “the age of five” substitute
In section 86(3)(b) of that Act (instrument of government to reflect current circumstances of school), after “82(3)(b)” insert
In section 156 of that Act (exclusion of pupils), for subsection (3) substitute—
Subsection (2) has effect despite anything in the articles of government for the school.
In section 231 of that Act (powers of governing body of grant-maintained school), in subsection (8)(b), for “the age of five” substitute
In section 265(1)(a) of that Act (proposals for change of character approved before school becomes grant-maintained), for “35 or 41” substitute
In section 266(1)(b) of that Act (interpretation of Chapter VII of Part III), for “the age of five” substitute
In section 290(9) of that Act (groups of grant-maintained schools)—
for first “(ii)” substitute
for “307” substitute
In section 292(2) of that Act (nursery education in grant-maintained schools), for “the age of five” substitute
In section 307 of that Act (exclusion of pupils), for subsection (2) substitute—
Subsection (1) has effect despite anything in the articles of government for the school.
In section 312(2)(c) of that Act (meaning of “
for “the age of five” substitute
omit “or over”.
In section 332(1) of that Act (duty of Health Authority or National Health Service Trust to notify parent where child has special educational needs),
for “the age of five” substitute
In section 343(2) of that Act (nursery education in grant-maintained special schools), for “the age of five” substitute
Omit sections 358 to 361 of that Act (provisions about Curriculum Authorities).
In section 362(7) of that Act (development work and experiments)—
for “the School Curriculum and Assessment Authority” substitute
for “the Curriculum and Assessment Authority for Wales” substitute
In section 368(10) of that Act (procedure for making certain orders and regulations)—
for “the School Curriculum and Assessment Authority” substitute
for “the Curriculum and Assessment Authority for Wales” substitute
In section 391(10) of that Act (functions of advisory councils)—
for “the School Curriculum and Assessment Authority” substitute
for “the Curriculum and Assessment Authority for Wales” substitute
In section 408 of that Act (provision of information)—
in subsection (1)(a), after “this Part” insert
in subsection (4)(f), omit “, 400, 401”.
Section 411 of that Act (duty to comply with parental preferences) shall be amended as follows.
In subsection (2), after “Subject to subsection (3)” there shall be inserted
In subsection (8), for “this section” substitute
After that subsection insert—
Where the arrangements for the admission of pupils to a school provide for all pupils admitted to the school to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of this Chapter to be wholly based on selection by reference to ability or aptitude, whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.
In section 422(6) of that Act (admission of pupils to new schools), for “411, 413, 414 and 423” substitute
In section 423 of that Act (appeal arrangements), omit subsection (6).
In section 424 of that Act (admission of pupils to nursery schools and special schools)—
in subsection (1), for “411, 413, 414 or 423” substitute
in subsection (1)(b), for “the age of five” substitute
in subsection (2), for “the age of five” substitute
in subsection (3), for “411, 413, 414 and 423” substitute
In section 448 of that Act (exemption where child becomes 5 during term), for “the age of five” substitute
In section 492(2) of that Act (adjustment of amounts eligible for recoupment as between local education authorities), for “the age of five” substitute
In section 537(4) of that Act (power of Secretary of State to require information from governing bodies etc.), at the end add
For the cross-heading “CORPORAL PUNISHMENT” preceding section 548 of that Act substitute—
In section 551 of that Act (regulations as to the duration of the school day, etc.), after subsection (1) insert—
In subsection (1) the reference to the duration of the school year at any such schools is a reference to the number of school sessions that must be held during any
such year.
Section 568 of that Act (orders) shall be amended as follows.
In subsection (1) (orders required to be made by statutory instrument unless made under excepted provisions), after “excepted provisions” insert
After subsection (2) (the excepted provisions) insert—
An order falls within this subsection if it is made under section 413A(4) or paragraph 1(4) of Schedule 33B and applies only to one or more schools specified in the order.
In section 571 of that Act (publication of guidance)—
in subsection (1) for “of the provisions mentioned in subsection (2) below” substitute
omit subsection (2).
At the end of section 578 of that Act (“
the Education Act 1997.
In section 579(1) of that Act (general interpretation), after the definition of “
“
In section 580 of that Act (the index) at the appropriate places insert—
(in the entry relating to “child”)
(in Chapter I of Part VI except sections 431 to 433) section 411(8)
school year section 579(1)
wholly based on selection by reference to ability or aptitude (in Chapter I of Part VI) section 411(9)
In Schedule 2 to that Act (the funding authorities), paragraph 9(2) (superannuation of employees) shall have effect (and be deemed always to have had effect) with the following amendments, namely—
for “the Treasury”, in the first place where it occurs, substitute
for “the Treasury”, in the other places where it occurs, substitute
Schedule 4 to that Act (distribution of functions where order made under section 27) shall be amended as follows.
In paragraph 18, for “the age of five” substitute
In Schedule 16 to that Act (appeals against exclusion or reinstatement of pupil)—
in paragraph 14, after “relevant person,” insert
in paragraph 15(1), omit the words from “, including” to “brought,”.
Schedule 19 to that Act (conduct and staffing of new county, voluntary and maintained special schools) shall be amended as follows.
In paragraph 22 (application of provisions in respect of staffing of new schools)—
after “(5)” insert
after “dismissal” insert
For paragraph 27 substitute—
Section 154 (responsibility for discipline) applies to a new school as if references to the school’s governing body were references to the temporary governing body.
Schedule 23 to that Act (contents of articles of grant-maintained schools) shall be amended as follows.
In paragraph 4(1) omit “, 400”.
After paragraph 6(2) insert—
Sub-paragraphs (1) and (2), so far as they apply in relation to arrangements in respect of appeals— do not require the articles to provide for any matter for which provision is made by Schedule 25A (exclusion appeals); and have effect subject to paragraph 4(2) of Schedule 33B (refusal of admission in case of children permanently excluded from two or more schools).
In Schedule 28 to that Act (government and conduct of grant-maintained special schools), in paragraph 14 after “regulations may” insert
In section 35(4)(b) of the School Inspections Act 1996 (power of an education association to provide education which is neither primary nor secondary education), for “the age of five” substitute