SCHEDULES
SCHEDULE 7 Minor and consequential amendments
Public Records Act 1958 (c. 51)
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
Local Authorities (Goods and Services) Act 1970 (c. 39)
I12
1
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), “public body”—
a
shall include the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales; and
b
shall cease to include the School Curriculum and Assessment Authority and the Curriculum and Assessment Authority for Wales.
2
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).
Superannuation Act 1972 (c. 11)
I23
1
In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies (bodies in respect of which there are superannuation schemes)—
a
omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority; and
b
insert at the appropriate places—
the Qualifications, Curriculum and Assessment Authority for Wales
the Qualifications and Curriculum Authority
2
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.
House of Commons Disqualification Act 1975 (c. 24)
I34
1
Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows.
2
Omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority.
3
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.
4
Omit the entry relating to the National Council for Vocational Qualifications.
Local Government Finance Act 1982 (c. 32)
F15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance Act 1991 (c. 31)
F26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charities Act 1993 (c. 10)
I47
In Schedule 2 to the Charities Act 1993 (exempt charities)—
a
for paragraph (da) substitute—
da
the Qualifications and Curriculum Authority;
b
for paragraph (f) substitute—
f
the Qualifications, Curriculum and Assessment Authority for Wales;
Nursery Education and Grant-Maintained Schools Act 1996 (c. 50)
8
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—
a
before they begin to be of compulsory school age; but
Education Act 1996 (c. 56)
9
1
Section 3 of the Education Act 1996 (definition of pupil etc.) shall be amended as follows.
2
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.
3
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
In section 4(2) of that Act (schools: general)—
a
for “For” substitute “
Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1)
(exceptional educational
provision) under which part-time education is to be provided at a school; and for
”
; and
b
omit “(pupil referral units)”.
11
In section 6(1) of that Act (nursery schools), for “the age of five” substitute “
compulsory school age
”
.
12
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 “
compulsory school age
”
.
13
In section 17(2) of that Act (powers of LEA in respect of nursery education), for “the age of five”, in
both places, substitute “
compulsory school age
”
.
14
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 “
compulsory school age
”
.
F415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F718
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F819
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F920
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1021
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
In section 312(2)(c) of that Act (meaning of “learning difficulty” for the purposes of the Act)—
a
for “the age of five” substitute “
compulsory school age
”
, and
b
omit “or over”.
24
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 “
compulsory school age
”
.
F1225
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I526
Omit sections 358 to 361 of that Act (provisions about Curriculum Authorities).
I627
F13In section 362(7) of that Act (development work and experiments)—
a
for “the School Curriculum and Assessment Authority” substitute “
the Qualifications and Curriculum Authority
”; and
b
for “the Curriculum and Assessment Authority for Wales” substitute “
the Qualifications, Curriculum and Assessment Authority for Wales
”.
I728
F14In section 368(10) of that Act (procedure for making certain orders and regulations)—
a
for “the School Curriculum and Assessment Authority” substitute “
the Qualifications and Curriculum Authority
”; and
b
for “the Curriculum and Assessment Authority for Wales” substitute “
the Qualifications, Curriculum and Assessment Authority for Wales
”.
29
In section 391(10) of that Act (functions of advisory councils)—
a
for “the School Curriculum and Assessment Authority” substitute “
the Qualifications and Curriculum Authority
”
; and
b
for “the Curriculum and Assessment Authority for Wales” substitute “
the Qualifications, Curriculum and Assessment Authority for Wales
”
.
I830
In section 408 of that Act (provision of information)—
a
in subsection (1)(a), after “this Part” insert “
or Part V of the Education Act 1997
”
; and
b
in subsection (4)(f), omit “, 400, 401”.
F1531
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1733
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1834
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1935
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
In section 492(2) of that Act (adjustment of amounts eligible for recoupment as between local education authorities), for “the age of five” substitute “
compulsory school age
”
.
37
In section 537(4) of that Act (power of Secretary of State to require information from governing bodies etc.), at the end add “
; and regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the
Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement of such regulations relating to the
provision of information to the Secretary of State.
”
38
For the cross-heading “CORPORAL PUNISHMENT” preceding section 548 of that Act substitute—
PUNISHMENT AND RESTRAINT OF PUPILS
Corporal punishment
39
In section 551 of that Act (regulations as to the duration of the school day, etc.), after subsection (1) insert—
1A
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.
F2040
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41
In section 571 of that Act (publication of guidance)—
a
in subsection (1) for “of the provisions mentioned in subsection (2) below” substitute “
provision of this Act
”
; and
b
omit subsection (2).
42
At the end of section 578 of that Act (“the Education Acts”) add—
the Education Act 1997.
43
In section 579(1) of that Act (general interpretation), after the definition of “school day” insert—
“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;
I944
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)
F2145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2347
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2448
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2549
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2650
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
School Inspections Act 1996 (c. 57)
F2751
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .