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  1. Introductory Text

  2. Part I Measures to raise standards of school education

    1. Chapter I Limit on infant class sizes

      1. 1. Duty to set limit on infant class sizes.

      2. 2. Plans by LEAs for reducing infant class sizes.

      3. 3. Payment of grant in connection with reductions in infant class sizes.

      4. 4. Interpretation of Chapter I.

    2. Chapter II General responsibilities of local education authorities

      1. Duty to promote high standards of education

        1. 5. Duty of LEAs to promote high standards in primary and secondary education.

      2. Education development plans

        1. 6. Preparation of education development plans.

        2. 7. Approval, modification and review of statement of proposals.

      3. Intervention by Secretary of State

        1. 8. Reserve power of Secretary of State to secure proper performance of LEA’s functions.

      4. Parent governor representatives on education committees

        1. 9. Education committees to include representatives of parent governors.

    3. Chapter III Education action zones

      1. 10. Establishment of education action zones.

      2. 11. Establishment of Education Action Forum for zone.

      3. 11A. Constitution of Education Action Forum

      4. 11B. Expansion of zone

      5. 11C. Removal from zone

      6. 11D. Information relating to a Forum and its zone

      7. 12. Functions of Education Action Forum.

      8. 13. Disapplication of pay and conditions order in relation to teachers at participating schools.

    4. Chapter IV Intervention in schools causing concern

      1. Intervention by LEAs

        1. 14. Powers of intervention exercisable by LEAs.

        2. 15. Cases where LEA may exercise powers of intervention.

        3. 16. Power of LEA to appoint additional governors.

        4. 16A. Power of LEA to provide for governing body to consist of interim executive members

        5. 17. Power of LEA to suspend right to delegated budget.

      2. Intervention by Secretary of State

        1. 18. Power of Secretary of State to appoint additional governors.

        2. 18A. Power of Secretary of State to provide for governing body to consist of interim executive members

        3. 19. Power of Secretary of State to direct closure of school.

      3. Governing bodies consisting of interim executive members

        1. 19A. Governing bodies consisting of interim executive members

  3. Part II New framework for maintained schools

    1. Chapter I Introductory

      1. The new categories of schools

        1. 20. New categories of maintained schools.

        2. 21. Kinds of foundation and voluntary schools and types of foundations.

        3. 22. Maintenance and other funding of schools.

        4. 23. Charitable status of maintained schools, etc.

      2. New arrangements for organisation of schools

        1. 24. School organisation committees.

        2. 25. Adjudicators.

        3. 26. School organisation plans.

        4. 26A. Plans of local learning and skills councils.

        5. 26B. Plans of National Council.

        6. 27. Power to require committees or adjudicators for Wales.

    2. Chapter II Establishment, alteration or discontinuance of schools

      1. Mainstream schools maintained by LEAs

        1. 28. Proposals for establishment or alteration of community, foundation or voluntary school.

        2. 29. Proposals for discontinuance of community, foundation, voluntary or maintained nursery school.

        3. 30. Notice by governing body to discontinue foundation or voluntary school.

      2. Special schools maintained by LEAs

        1. 31. Proposals for establishment, alteration or discontinuance of community or foundation special school.

        2. 32. Direction requiring discontinuance of community or foundation special school.

      3. Further provisions relating to establishment, alteration or discontinuance of schools

        1. 33. Further provisions relating to establishment, alteration or discontinuance of schools.

      4. Rationalisation of school places

        1. 34. Rationalisation of school places.

      5. Change of category of school

        1. 35. School changing from one category to another.

    3. Chapter III Government of maintained schools

      1. Governing bodies

        1. 36. Governing bodies.

      2. Instruments of government

        1. 37. Instruments of government.

      3. Functions of governing body

        1. 38. General responsibility of governing body for conduct of school.

        2. 39. Additional functions of governing body.

      4. Control of school premises

        1. 40. Control of use of school premises by governing body.

      5. Fixing of school holidays and times of sessions

        1. 41. Responsibility for fixing dates of terms and holidays and times of sessions.

      6. Reports and parents’ meetings

        1. 42. Governors’ reports and other information.

        2. 43. Annual parents’ meetings.

      7. Government of new schools

        1. 44. Arrangements for government of new schools.

    4. Chapter IV Financing of maintained schools

      1. Budgetary framework

        1. 45. Maintained schools to have budget shares.

        2. 45A. Determination of specified budgets of LEA

        3. 45B. Power of Secretary of State to set minimum schools budget for LEA

        4. 45C. Effect of notice under section 45B(4)

        5. 46.Determination of LEA’s local schools budget and individual schools budget.

        6. 47. Determination of school’s budget share.

      2. Schools forums

        1. 47A. Schools forums

      3. Local education authority schemes

        1. 48. LEAs’ financial schemes.

      4. Financial delegation

        1. 49. Maintained schools to have delegated budgets.

        2. 50. Effect of financial delegation.

      5. Suspension of financial delegation

        1. 51. Suspension of financial delegation for mismanagement etc.

      6. Expenditure incurred for community purposes

        1. 51A. Expenditure incurred for community purposes

      7. Information

        1. 52. Financial statements.

        2. 53. Certification of statements by Audit Commission.

    5. Chapter V Staffing and conduct of schools

      1. Staffing of schools

        1. 54. Staffing of community, voluntary controlled and community special schools.

        2. 55. Staffing of foundation, voluntary aided and foundation special schools.

        3. 56. Staffing for non-school activities.

        4. 57. Payments in respect of dismissal, etc.

      2. Appointment and dismissal of teachers of religious education

        1. 58. Appointment and dismissal of certain teachers at schools with a religious character.

      3. Religious opinions etc. of staff

        1. 59. Staff at community, secular foundation or voluntary, or special school.

        2. 60. Staff at foundation or voluntary school with religious character.

      4. Discipline: general

        1. 61. Responsibility of governing body and head teacher for discipline.

        2. 62. LEA’s reserve power to prevent a breakdown of discipline.

      5. School attendance targets

        1. 63. School attendance targets.

      6. Exclusion of pupils

        1. 64. Power of head teacher to exclude pupils.

        2. 65. Exclusion of pupils: duty to inform parents, etc.

        3. 66. Functions of governing body in relation to excluded pupils.

        4. 67. Appeals against exclusion of pupils.

        5. 68. Exclusion of pupils: guidance.

    6. Chapter VI Religious education and worship

      1. Religious education

        1. 69. Duty to secure due provision of religious education.

      2. Religious worship

        1. 70. Requirements relating to collective worship.

      3. Exceptions and special arrangements etc.

        1. 71. Exceptions and special arrangements; provision for special schools.

    7. Chapter VII Miscellaneous and supplemental

      1. Further provisions relating to new schools

        1. 72. Further provisions relating to new schools.

      2. Transfers of staff and land

        1. 73. Transfer of staff on appointed day.

        2. 74. Transfer of land on appointed day.

        3. 75. Transfer of land by governing body to trustees.

      3. Disposals of land and on discontinuance

        1. 76. Disposals of land in case of certain schools and disposals on discontinuance.

        2. 77. Control of disposals or changes in use of school playing fields.

      4. Rating

        1. 78. Rating of maintained schools.

      5. Stamp duty

        1. 79. Stamp duty.

      6. Further education

        1. 80. Provision of further education.

      7. Modification of employment law

        1. 81. Application of employment law during financial delegation.

      8. Supplementary provisions

        1. 82. Modification of trust deeds.

        2. 83. Modification of provisions making governors of foundation or voluntary school ex officio trustees.

  4. Part III School admissions

    1. Chapter I Admission arrangements

      1. Code of practice

        1. 84. Code of practice.

        2. 85. Making and approval of code of practice.

      2. Admission forums

        1. 85A. Admission forums

        2. 85B. Functions of admission forums in relation to Academies

      3. Parental preferences

        1. 86. Parental preferences.

        2. 87. No requirement to admit children permanently excluded from two or more schools.

      4. Admission arrangements

        1. 88. Admission authorities and admission arrangements.

        2. 89. Procedure for determining admission arrangements.

        3. 89A. Determination of admission numbers

        4. 89B. Co-ordination of admission arrangements

        5. 89C. Further provision about schemes adopted or made by virtue of section 89B

        6. 90. Reference of objections to adjudicator or Secretary of State.

        7. 91. Special arrangements to preserve religious character of foundation or voluntary aided school.

        8. 92. Publication of information about admissions.

      5. Admission numbers

        1. 93. Fixing admission numbers.

      6. Admission appeals

        1. 94. Appeal arrangements: general.

        2. 95. Appeals relating to children to whom section 87 applies.

      7. Power to direct admission of child to school

        1. 96. Direction to admit child to specified school.

        2. 97. Procedure for giving direction under section 96.

      8. Nursery and special schools, etc: children with statements

        1. 98. Admission for nursery education or to nursery or special school: children with statements of special educational needs.

    2. Chapter II Selection of pupils

      1. Partial selection

        1. 99. General restriction on selection by ability or aptitude.

        2. 100. Permitted selection: pre-existing arrangements.

        3. 101. Permitted selection: pupil banding.

        4. 102. Permitted selection: aptitude for particular subjects.

        5. 103. Permitted selection: introduction, variation or abandonment of provision for such selection.

      2. Grammar schools

        1. 104. Designation of grammar schools.

        2. 105. Procedure for deciding whether grammar schools should retain selective admission arrangements.

        3. 106. Ballot regulations: eligibility of parents to request or vote in ballot.

        4. 107. Restriction on publication of material etc. relating to ballots.

        5. 108. Implementation of decision that school should cease to have selective admission arrangements.

        6. 109. Proposals by governing body of grammar school to end selective admission arrangements.

  5. Part IV Other provisions about school education

    1. Home-school agreements

      1. 110. Home-school agreements.

      2. 111. Supplementary provisions about home-school agreements.

    2. Extension of educational opportunities for Key Stage 4 pupils

      1. 112. Extended work experience for Key Stage 4 pupils.

      2. 113. Provision of secondary education for Key Stage 4 pupils by FE institutions.

    3. School meals

      1. 114. Nutritional standards for school lunches.

      2. 115. Extension of LEA functions concerning school lunches, etc.

      3. 116. Transfer of LEA functions concerning school lunches, etc. to governing bodies.

  6. Part V Nursery education

    1. Nursery education

      1. 117. Definition of “nursery education”.

    2. General duty of local education authority

      1. 118. Duty of LEA as respects availability of nursery education.

      2. 118A. Duties of LEA in respect of childcare

    3. Early years development partnerships

      1. 119. Early years development partnerships.

    4. Early years development plans

      1. 120. Early years development plans.

      2. 121. Approval, modification and review of statement of proposals.

    5. Inspection of nursery education

      1. 122. Inspection of nursery education.

    6. Further provisions relating to nursery education

      1. 123. Children with special educational needs.

      2. 124. Travel arrangements for children receiving nursery education otherwise than at school.

  7. Part VI Partnership arrangements in Wales

    1. 125. Partnership arrangements to secure provision of certain further education in Wales.

    2. 126. Provisions relating to education provided under partnership arrangements.

  8. Part VII Miscellaneous and general

    1. Code of practice for local education authorities and maintained schools

      1. 127. Code of practice for securing effective relationships between LEAs and maintained schools.

    2. Financial assistance to non-maintained schools

      1. 128. Financial assistance to non-maintained schools.

      2. 129. Payment of school expenses; grant of scholarships, etc.

      3. 130. Transfer of assisted places.

    3. Abolition of corporal punishment

      1. 131. Abolition of corporal punishment in schools etc.

    4. The funding authorities

      1. 132. Dissolution of Funding Agency for Schools.

      2. 133. Removal of power to establish Schools Funding Council for Wales.

    5. School and nursery inspections

      1. 134. Publication of inspection reports.

      2. 135. Miscellaneous amendments relating to school and nursery inspections.

    6. Education Assets Board

      1. 136. Change of name of Education Assets Board.

      2. 137. Education Transfer Council: alteration of functions and provision for dissolution.

    7. Supplementary

      1. 138. Orders and regulations.

      2. 139. Financial provisions.

      3. 140. Minor and consequential amendments and repeals.

    8. Construction

      1. 141. Minor authorities.

      2. 142. General interpretation.

      3. 143. Index.

    9. Final provisions

      1. 144. Transitional provisions etc.

      2. 145. Short title, commencement and extent.

  9. SCHEDULES

    1. SCHEDULE 1

      Provisions relating to an Education Action Forum

      1. Powers

        1. 1.(1) An Education Action Forum may, subject to sub-paragraph (2),...

      2. Chairman

        1. 2.The members of an Education Action Forum shall elect one...

      3. Committees

        1. 3.An Education Action Forum may— (a) establish a committee for...

      4. Proceedings

        1. 4.The Secretary of State may by regulations make provision as...

        2. 5.The validity of the proceedings of an Education Action Forum...

        3. 6.Subject to the preceding provisions of this Schedule, an Education...

      5. Accounts

        1. 7.(1) It shall be the duty of an Education Action...

      6. Application of seal and proof of instruments

        1. 8.The application of the seal of an Education Action Forum...

        2. 9.Every document purporting to be an instrument made or issued...

      7. Charitable status

        1. 10.An Education Action Forum shall be a charity which is...

    2. SCHEDULE 1A

      Governing bodies consisting of interim executive members

      1. 1.Interpretation of Schedule

      2. 2.Governing body to consist of members appointed by appropriate authority

      3. 3.Effect of notice under section 16A(1) or 18A(1)

      4. 4.Interim executive members

      5. 5.(1) Every appointment of an interim executive member must be...

      6. 6.Duty of appropriate authority to inform other persons

      7. 7.Power to specify duration of interim period

      8. 8.Chairman

      9. 9.Remuneration and allowances

      10. 10.Duty of interim executive board

      11. 11.Proceedings of interim executive board

      12. 12.Effect on suspension of delegated budget

      13. 13.Exclusion of certain statutory provisions

      14. 14.During the interim period— (a) the local education authority may...

      15. 15.Closure of school

      16. 16.(1) Where during the interim period— (a) the Secretary of...

      17. 17.Notice of resumption of government by normally constituted governing body

      18. 18.Time when interim executive members cease to hold office

      19. 19.Establishment of normally constituted governing body

    3. SCHEDULE 2

      Allocation of existing schools to new categories

      1. Allocation of LEA-maintained schools

        1. 1.A school which immediately before the appointed day is (within...

      2. Allocation of grant-maintained and grant-maintained special schools

        1. 2.A school which immediately before the appointed day is (within...

      3. Indicative allocation of schools within paragraph 2

        1. 3.For the purposes of this Schedule the indicative allocation of...

      4. Preliminary decision by governing body as to new category

        1. 4.(1) The governing body of a school within paragraph 2...

      5. Final decision by governing body as to new category

        1. 5.(1) Where— (a) the governing body of a school within...

      6. Notification of final decision

        1. 6.(1) Once the governing body of a school within paragraph...

      7. Final determination of new category

        1. 7.(1) If— (a) the final decision of the governing body...

      8. Restrictions on decisions as to categories

        1. 8.Regulations may make provision for prohibiting a school of any...

      9. Transitional arrangements: schools within paragraph 2

        1. 9.(1) Where the category to which a school within paragraph...

      10. Transitional arrangements: general

        1. 10.(1) Regulations may make such provision as the Secretary of...

      11. Effect of allocation

        1. 11.The allocation of a school to a particular category under...

    4. SCHEDULE 3

      Funding of foundation, voluntary and foundation special schools

      1. Part I Foundation, voluntary controlled and foundation special schools

        1. Obligations of governing bodies

          1. 1.(1) The governing body of a foundation, voluntary controlled or...

        2. Obligations of LEAs as regards provision of sites and buildings (otherwise than in connection with statutory proposals)

          1. 2.(1) In the case of a foundation, voluntary controlled or...

      2. Part II Voluntary aided schools

        1. Obligations of governing bodies

          1. 3.(1) In the case of a voluntary aided school, the...

        2. Obligations of LEAs as regards provision of sites (otherwise than in connection with statutory proposals)

          1. 4.(1) In the case of a voluntary aided school, the...

        3. Grants by Secretary of State in respect of expenditure on premises or equipment

          1. 5.(1) The Secretary of State may make grants—

        4. Grants by Secretary of State in respect of preliminary expenditure

          1. 6.(1) The Secretary of State may pay grants—

        5. Loans by Secretary of State in respect of initial expenses

          1. 7.(1) Where, on the application of the governing body of...

        6. Assistance by LEAs in respect of maintenance and other obligations of governing bodies

          1. 8.A local education authority may give to the governing body...

        7. Duty to transfer interest in premises provided under paragraph 8

          1. 9.(1) Where assistance under paragraph 8 consists of the provision...

      3. Part III Foundation, voluntary and foundation special schools: common provisions

        1. Default powers of Secretary of State

          1. 10.(1) Where it appears to the Secretary of State that...

        2. Endowments

          1. 11.Where any sums accruing in respect of the income of...

        3. Disapplication of restriction on local authority disposals

          1. 12.Subsection (2) of section 123 of the Local Government Act...

    5. SCHEDULE 4

      School organisation committees

      1. Interpretation

        1. 1.In this Schedule— “committee” means a school organisation committee; “the...

      2. Election of chairmen and appointment of members

        1. 2.Regulations may make provision with respect to—

      3. Allowances for members

        1. 3.(1) For the purpose of the payment of financial loss...

      4. Financial and other assistance by LEA

        1. 4.(1) The relevant authority in the case of a committee...

      5. Proceedings

        1. 5.(1) Regulations may make provision as to the meetings and...

        2. 6.The validity of any proceedings of a committee shall not...

        3. 7.Subject to any provision made by or under this Schedule,...

        4. 8.When taking any decision a committee shall have regard (so...

      6. Indemnity

        1. 9.The relevant authority in the case of a committee shall...

      7. Default powers of Secretary of State

        1. 10.Each of sections 496 and 497 of the Education Act...

    6. SCHEDULE 5

      Adjudicators

      1. Interpretation

        1. 1.In this Schedule “adjudicator” means a person appointed under section...

      2. Tenure of office

        1. 2.(1) Subject to sub-paragraphs (2) and (3), an adjudicator shall...

      3. Remuneration and pensions

        1. 3.(1) The Secretary of State may pay to an adjudicator...

      4. Staff and accommodation etc.

        1. 4.The Secretary of State may— (a) provide an adjudicator with...

      5. Procedure

        1. 5.(1) Regulations may make provision as to the procedure to...

        2. 6.When taking any decision an adjudicator shall have regard (so...

      6. Indemnity

        1. 7.The Secretary of State shall indemnify an adjudicator against any...

      7. Parliamentary disqualification

        1. 8.In Part III of Schedule 1 to the House of...

      8. Parliamentary Commissioner

        1. 9.For the purposes of section 5 of the Parliamentary Commissioner...

      9. Supervision of Council on Tribunals

        1. 10.(1) In section 7 of the Tribunals and Inquiries Act...

    7. SCHEDULE 6

      Statutory proposals: procedure and implementation

      1. Part I Procedure for dealing with statutory proposals: England

        1. Application of Part I

          1. 1.(1) This Part of this Schedule applies to proposals published...

        2. Objections

          1. 2.(1) Any person may make objections to any proposals published...

        3. Approval of proposals

          1. 3.(1) Proposals published under section 28, 29 or 31 require...

        4. Determination by LEA whether to implement proposals

          1. 4.(1) Where any proposals have been published by a local...

        5. Requirement to implement proposals

          1. 5.(1) Where— (a) any proposals published under section 28, 29...

      2. Part II Procedure for dealing with statutory proposals: Wales

        1. Application of Part II

          1. 6.This Part of this Schedule applies to proposals published under...

        2. Objections

          1. 7.(1) Any person may make objections to any proposals published...

        3. Approval of proposals

          1. 8.(1) Proposals published under section 28, 29 or 31 require...

        4. Determination whether to implement proposals

          1. 9.(1) Where any proposals published under section 28, 29 or...

        5. Requirement to implement proposals

          1. 10.(1) Where— (a) any proposals published under section 28, 29...

      3. Part III Manner of implementation of statutory proposals

        1. Introductory

          1. 11.In this Part of this Schedule “proposals” means proposals falling...

        2. Proposals relating to community or maintained nursery schools

          1. 12.(1) This paragraph applies to proposals relating to a community...

        3. Proposals relating to foundation or voluntary controlled schools

          1. 13.(1) This paragraph applies to proposals relating to a foundation...

        4. Proposals relating to voluntary aided schools

          1. 14.(1) This paragraph applies to proposals relating to a voluntary...

        5. Proposals relating to community or foundation special schools

          1. 15.(1) This paragraph applies to proposals relating to—

      4. Part IV Provision of premises and other assistance

        1. Provision of site and buildings for foundation, voluntary controlled or foundation special school

          1. 16.(1) This paragraph applies where a local education authority are...

        2. Grants in respect of certain expenditure relating to existing or proposed voluntary aided school

          1. 17.(1) This paragraph applies where— (a) the governing body of...

        3. Assistance in respect of maintenance and other obligations relating to voluntary aided school

          1. 18.A local education authority may give to the governing body...

        4. Assistance for promoters of new voluntary aided school

          1. 19.A local education authority may give to persons required by...

        5. Duty to transfer interest in premises provided under paragraph 18 or 19

          1. 20.(1) Where assistance under paragraph 18 or 19 consists of...

      5. Part V Transitional exemption orders for purposes of Sex Discrimination Act 1975

        1. Single-sex schools: England

          1. 21.(1) This paragraph applies to proposals for a school in...

        2. Single-sex schools: Wales

          1. 22.(1) This paragraph applies to proposals for a school in...

    8. SCHEDULE 7

      Rationalisation of school places

      1. Part I Introductory

        1. 1.In this Schedule— (a) “powers to make proposals for the...

      2. Part II Directions to bring forward proposals

        1. Directions to bring forward proposals to remedy excessive provision

          1. 2.(1) This paragraph applies where the Secretary of State is...

        2. Directions to bring forward proposals to remedy insufficient provision

          1. 3.(1) This paragraph applies where the Secretary of State is...

        3. Supplementary provisions

          1. 4.(1) Where the Secretary of State makes an order under...

      3. Part III Proposals by Secretary of State

        1. Publication of proposals

          1. 5.(1) Where— (a) the Secretary of State has, in relation...

      4. Part IV Procedure for dealing with proposals under paragraph 5: England

        1. Application of Part IV

          1. 6.This Part of this Schedule applies to proposals published under...

        2. Objections

          1. 7.(1) Any person may make objections to any proposals published...

        3. Approval of proposals

          1. 8.(1) Proposals published under paragraph 5 require the approval of...

        4. Local inquiry into proposals

          1. 9.(1) Where any proposals are referred to the adjudicator under...

        5. Implementation of proposals

          1. 10.Proposals approved by the school organisation committee under paragraph 8...

      5. Part V Procedure for dealing with proposals under paragraph 5: Wales

        1. Application of Part V

          1. 11.This Part of this Schedule applies to proposals published under...

        2. Objections

          1. 12.(1) Any person may make objections to any proposals published...

        3. Local inquiry into proposals

          1. 13.(1) This paragraph applies where in relation to the area...

        4. Adoption of proposals

          1. 14.(1) Where the Secretary of State has published proposals under...

        5. Implementation of proposals

          1. 15.Proposals adopted by the Secretary of State under paragraph 14...

      6. Part VI Transitional exemption orders for purposes of Sex Discrimination Act 1975

        1. Single-sex schools: England

          1. 16.(1) This paragraph applies to proposals for a school in...

        2. Single-sex schools: Wales

          1. 17.(1) This paragraph applies to proposals for a school in...

    9. SCHEDULE 8

      Changes of category of school

      1. Permitted changes of category

        1. 1.(1) A community school may in accordance with this Schedule...

      2. Procedure for changing category of school

        1. 2.(1) Where, in the case of any maintained school, the...

      3. Mandatory publication of proposals for voluntary aided school to change category

        1. 3.(1) If at any time the governing body of a...

      4. Restrictions on changing category of school

        1. 4.(1) Regulations may make provision for preventing a school of...

      5. Implementation of proposals

        1. 5.(1) Regulations may make such provision as the Secretary of...

        2. 6.A school’s change of category under this Schedule shall not...

    10. SCHEDULE 9

      Constitution of governing bodies

      1. Part I Categories of governor

        1. Co-opted governors

          1. 1.In this Schedule “co-opted governor” means a person who is...

        2. Foundation governors

          1. 2.In this Act “foundation governor” means a person appointed to...

        3. LEA governors

          1. 3.In this Schedule “LEA governor” means a governor appointed to...

        4. Parent governors

          1. 4.In this Schedule “parent governor” means— (a) a person who...

        5. Partnership governors

          1. 5.In this Schedule “partnership governor” means a person nominated as...

        6. Staff governors

          1. 6.In this Schedule “staff governor” means a person—

        7. Teacher governors

          1. 7.In this Schedule “teacher governor” means a person—

        8. Head teacher

          1. 8.At any time when the head teacher is a governor,...

      2. Part II Constitution of governing bodies

        1. Community schools

          1. 9.(1) The governing body of a community school shall consist...

        2. Community special schools

          1. 10.(1) The governing body of a community special school shall...

        3. Foundation schools

          1. 11.(1) The governing body of a foundation school shall consist...

        4. Foundation special schools

          1. 12.(1) The governing body of a foundation special school shall...

        5. Voluntary controlled schools

          1. 13.(1) The governing body of a voluntary controlled school shall...

        6. Voluntary aided schools

          1. 14.(1) The governing body of a voluntary aided school shall...

        7. Additional governors

          1. 15.(1) If the governing body of any maintained school so...

        8. Substitutes for ex officio foundation governors

          1. 16.Regulations may make provision for, and in connection with, the...

        9. Adjustment in number of governors

          1. 17.(1) Where— (a) a maintained school has more governors of...

    11. SCHEDULE 10

      Incorporation and powers of governing bodies

      1. Introductory

        1. 1.(1) In the following paragraphs of this Schedule “the governing...

      2. Name and seal of governing body

        1. 2.(1) The governing body shall be known as “The governing...

      3. Powers of governing body

        1. 3.(1) The governing body may do anything which appears to...

      4. Dissolution of governing body

        1. 4.(1) If the school is discontinued, the governing body are...

    12. SCHEDULE 11

      Membership and proceedings etc. of governing bodies

      1. Part I Membership and proceedings

        1. Regulations about governing bodies

          1. 1.Regulations may make in relation to governing bodies of maintained...

        2. Election or appointment of governors

          1. 2.(1) The regulations may make provision— (a) as to the...

        3. Qualifications and tenure of office

          1. 3.The regulations may make provision as to—

        4. Meetings and proceedings

          1. 4.(1) The regulations may make provision as to the meetings...

        5. Information as to meetings and proceedings

          1. 5.(1) The regulations may make provision requiring a governing body—...

      2. Part II Other provisions about governors

        1. Governors’ expenses

          1. 6.(1) A governor shall be entitled to receive such allowances,...

        2. Training and support of governors

          1. 7.The local education authority shall— (a) (to the extent that...

      3. Part III Clerk to the governing body

        1. Appointment etc. of clerk

          1. 8.Regulations may make provision— (a) requiring the appointment of a...

    13. SCHEDULE 12

      Instruments of government

      1. Contents and form of instrument of government

        1. 1.(1) The instrument of government for a maintained school shall...

      2. Making of instruments of government

        1. 2.(1) Paragraph 3 shall apply in connection with the making...

      3. Procedure for making instrument

        1. 3.(1) The governing body shall prepare a draft of the...

      4. Review of instruments of government

        1. 4.(1) The governing body or the local education authority may...

      5. Other requirements relating to instruments of government

        1. 5.Regulations may make provision imposing on local education authorities requirements...

      6. Duty to secure making of first instrument of government

        1. 6.(1) A local education authority shall secure that, by the...

    14. SCHEDULE 13

      Control of school premises by governing bodies

      1. Community and community special schools: general

        1. 1.(1) This paragraph applies to a community or community special...

      2. Transfer of control agreement in case of community or community special school

        1. 2.(1) Subject to sub-paragraph (2), the governing body of a...

      3. Foundation and foundation special schools: general

        1. 3.(1) This paragraph applies to a foundation or foundation special...

      4. Transfer of control agreement in case of foundation or foundation special school

        1. 4.(1) Subject to sub-paragraph (2), the governing body of any...

      5. Voluntary schools: general

        1. 5.(1) This paragraph applies to a voluntary school.

      6. Transfer of control agreement in case of voluntary school

        1. 6.(1) Subject to sub-paragraph (2), the governing body of any...

      7. Control of use of premises of voluntary school outside school hours

        1. 7.(1) The governing body may determine the use to which...

      8. Saving

        1. 8.The power of the governing body of a maintained school...

      9. Interpretation

        1. 9.In this Schedule— “community use” means the use of school...

    15. SCHEDULE 14

      Local education authority schemes: approval, imposition and revision

      1. Approval or imposition of schemes by Secretary of State

        1. 1.(1) A scheme prepared by a local education authority under...

      2. Revision of schemes

        1. 2.(1) A local education authority may, in accordance with this...

    16. SCHEDULE 15

      Suspension of financial delegation

      1. Suspension of financial delegation for mismanagement, etc.

        1. 1.(1) This paragraph applies where it appears to the local...

      2. Review of suspension

        1. 2.(1) The local education authority concerned— (a) shall review before...

      3. Appeal against suspension or refusal to revoke it

        1. 3.(1) A governing body may appeal to the Secretary of...

      4. Effect of suspension of right to delegated budget

        1. 4.(1) During any period when a governing body’s right to...

    17. SCHEDULE 16

      Staffing of community, voluntary controlled and community special schools

      1. Introductory

        1. 1.(1) In this Schedule “the school” means a community, voluntary...

      2. Appointment of head teacher and deputy head teacher

        1. 2.Paragraphs 3 to 7 apply in relation to the filling...

        2. 3.The governing body shall notify the local education authority of...

        3. 4.(1) Where the vacancy is in the post of head...

        4. 5.The governing body shall advertise the vacancy in such publications...

        5. 6.(1) The governing body shall appoint a selection panel consisting...

        6. 7.(1) Where the governing body approve a recommendation of the...

        7. 8.(1) The governing body may, in connection with any absence...

      3. Appointment of other teachers

        1. 9.Subject to paragraph 10, paragraphs 11 to 15 apply in...

        2. 10.(1) Paragraphs 11 to 15 do not apply in relation...

        3. 11.Before taking any of the steps mentioned below, the governing...

        4. 12.(1) The local education authority may nominate for consideration for...

        5. 13.(1) The governing body may advertise the vacancy at any...

        6. 14.(1) Where the governing body advertise the vacancy, they shall—...

        7. 15.(1) The local education authority shall appoint the person recommended...

        8. 16.(1) The governing body may, in connection with any absence...

        9. 17.The governing body may, in relation to a particular vacancy...

      4. Advice of chief education officer on appointments of teachers

        1. 18.(1) The chief education officer of the local education authority...

      5. Advice of head teacher on appointments etc. of teachers

        1. 19.Except in relation to the appointment of a head teacher—...

      6. Appointment of non-teaching staff

        1. 20.(1) Where the governing body desire the appointment of a...

        2. 21.(1) The local education authority shall appoint a person recommended...

      7. Discipline

        1. 22.(1) The regulation of conduct and discipline in relation to...

      8. LEA report on performance of head teacher

        1. 23.(1) Where the authority have any serious concerns about the...

      9. Suspension

        1. 24.(1) Both the governing body and the head teacher shall...

      10. Dismissal, etc.

        1. 25.(1) Where the governing body determine that any person employed...

        2. 26.(1) Where paragraph 25(3) applies, no part of the costs...

        3. 27.(1) The governing body shall— (a) make arrangements for giving...

        4. 28.(1) The head teacher (except where he is the person...

        5. 29.(1) The local education authority shall not dismiss a person...

      11. School meals staff

        1. 30.The Secretary of State may by regulations make provision as...

      12. Advisory rights for appropriate diocesan authorities

        1. 31.(1) This paragraph applies to a voluntary controlled school which...

    18. SCHEDULE 17

      Staffing of foundation, voluntary aided and foundation special schools

      1. Introductory

        1. 1.(1) In this Schedule “the school” means a foundation or...

      2. Advisory rights of chief education officer

        1. 2.(1) This paragraph applies where— (a) the governing body of...

      3. Appointment of head teacher and deputy head teacher

        1. 3.Paragraphs 4 to 8 apply in relation to the filling...

        2. 4.The governing body shall notify the local education authority of...

        3. 5.(1) Where the vacancy is in the post of head...

        4. 6.The governing body shall advertise the vacancy in such publications...

        5. 7.(1) The governing body shall appoint a selection panel consisting...

        6. 8.Where the governing body approve a recommendation of the selection...

        7. 9.(1) The governing body may, in connection with any absence...

      4. Appointment of other teachers

        1. 10.Subject to paragraph 11, paragraphs 12 to 15 apply in...

        2. 11.(1) Paragraphs 12 to 15 do not apply in relation...

        3. 12.Before taking any of the steps mentioned below, the governing...

        4. 13.(1) The local education authority may nominate for consideration for...

        5. 14.(1) The governing body may advertise the vacancy at any...

        6. 15.(1) Where the governing body advertise the vacancy, they shall—...

        7. 16.(1) The governing body may, in connection with any absence...

        8. 17.The governing body may, in relation to a particular vacancy...

      5. Advice of chief education officer on appointments of teachers

        1. 18.(1) The chief education officer shall be entitled to attend,...

      6. Advice of head teacher on appointments etc. of teachers

        1. 19.(1) Except in relation to the appointment of a head...

      7. Appointment of non-teaching staff

        1. 20.(1) Except in a case where the governing body and...

      8. Conduct and discipline of staff

        1. 21.(1) The regulation of conduct and discipline in relation to...

      9. LEA report on performance of head teacher

        1. 22.(1) Where the authority have any serious concerns about the...

      10. Suspension

        1. 23.(1) Both the governing body and the head teacher shall...

      11. Dismissal

        1. 24.(1) Before making a decision that a person employed to...

        2. 25.(1) The head teacher (except where he is the person...

        3. 26.The governing body are not required to comply with paragraph...

      12. Staff employed by LEA

        1. 27.(1) Nothing in paragraph 24 applies in relation to a...

      13. Advisory rights for appropriate diocesan authorities

        1. 28.(1) This paragraph applies to a voluntary aided or foundation...

      14. Appointment of head teachers for schools of Roman Catholic religious orders

        1. 29.(1) This paragraph applies to a voluntary aided school if...

      15. Selection procedures involving whole governing body

        1. 30.(1) If the governing body of a voluntary aided school...

    19. SCHEDULE 18

      Appeals against exclusion of pupils

      1. Time limits and notices waiving right to appeal

        1. 1.(1) No appeal under section 67(1) against a decision not...

      2. Constitution of appeal panels

        1. 2.(1) An appeal pursuant to arrangements made by a local...

      3. Allowances for members

        1. 3.(1) For the purpose of the payment of financial loss...

      4. Duty to advertise for lay members

        1. 4.Regulations may require any local education authority who are required...

      5. Indemnity

        1. 5.Any local education authority required to make arrangements under section...

      6. Procedure on an appeal

        1. 6.In the following provisions of this Schedule “appeal” means an...

        2. 7.An appeal shall be by notice in writing setting out...

        3. 8.(1) The appeal panel shall meet to consider an appeal...

        4. 9.(1) For the purpose of fixing the time (in accordance...

        5. 10.(1) The appeal panel shall give the relevant person an...

        6. 11.Appeals shall be heard in private except when the local...

        7. 12.Two or more appeals may be combined and dealt with...

        8. 13.In the event of a disagreement between the members of...

        9. 14.The decision of an appeal panel and the grounds on...

        10. 15.(1) Subject to paragraphs 7 to 14, all matters relating...

      7. Notices

        1. 16.(1) Where in accordance with section 66(6)(b) notice in writing...

      8. Meaning of “the relevant person”

        1. 17.In this Schedule “the relevant person” means—

      9. Power of Secretary of State to make amendments

        1. 18.The Secretary of State may by order make such amendments...

    20. SCHEDULE 19

      Required provision for religious education

      1. Introductory

        1. 1.(1) In this Schedule “the required provision for religious education”,...

      2. Community schools and foundation and voluntary schools without a religious character

        1. 2.(1) This paragraph applies to— (a) any community school; and...

      3. Foundation and voluntary controlled schools with a religious character

        1. 3.(1) This paragraph applies to any foundation or voluntary controlled...

      4. Voluntary aided schools with a religious character

        1. 4.(1) This paragraph applies to any voluntary aided school which...

    21. SCHEDULE 20

      Collective worship

      1. Introductory

        1. 1.In this Schedule “the required collective worship”, in relation to...

      2. General provisions as to collective worship

        1. 2.(1) This paragraph applies to any community, foundation or voluntary...

      3. Nature of collective worship in community schools and foundation schools without a religious character

        1. 3.(1) This paragraph applies to— (a) any community school; and...

      4. Disapplication of requirement under paragraph 3(2)

        1. 4.(1) This paragraph applies where a standing advisory council on...

      5. Nature of collective worship in foundation schools with a religious character and voluntary schools

        1. 5.In the case of a foundation school which has a...

    22. SCHEDULE 21

      Transfers of land on appointed day

      1. Part I General provisions

        1. Introductory

          1. 1.In this Schedule any reference to a grant-maintained or grant-maintained...

        2. Effect of transfers under this Schedule

          1. 2.(1) Where any land is transferred to and vests in...

      2. Part II Rules relating to transfers

        1. Application of Part II

          1. 3.(1) This Part of this Schedule applies to schools which,...

        2. Transfers for purposes of community schools

          1. 4.(1) This paragraph applies where a grant-maintained school (an “existing...

        3. Transfers for purposes of foundation schools

          1. 5.(1) This paragraph applies where— (a) a grant-maintained school (an...

        4. Transfers for purposes of voluntary schools

          1. 6.(1) This paragraph applies where— (a) a grant-maintained school (an...

        5. Transfers for purposes of community special schools

          1. 7.(1) This paragraph applies where a grant-maintained special school (an...

        6. Outstanding transfers to existing school

          1. 8.Where immediately before the appointed day— (a) any land vested...

        7. Transfer of rights to use land

          1. 9.(1) Where paragraph 4, 5, 6 or 7 applies to...

      3. Part III Property excluded from transfers

        1. 10.(1) Nothing in Part II of this Schedule has the...

    23. SCHEDULE 22

      Disposals of land in case of certain schools and disposals on discontinuance

      1. Part I Foundation, voluntary and foundation special schools: disposals of land

        1. Disposal of land by governing body of foundation, voluntary or foundation special school

          1. 1.(1) This paragraph applies to any disposal by the governing...

        2. Disposal of land by foundation body

          1. 2.(1) This paragraph applies to any disposal by a foundation...

        3. Disposal of land by trustees of foundation, voluntary or foundation special school

          1. 3.(1) This paragraph applies to any disposal by the trustees...

        4. Land required by local education authority for new school

          1. 4.(1) This paragraph applies where, on an application made by...

      2. Part II Maintained schools: disposals on discontinuance

        1. Discontinuance of foundation, voluntary and foundation special schools: land

          1. 5.(1) This paragraph applies where— (a) proposals to discontinue a...

        2. Discontinuance of foundation or voluntary school by notice given by its governing body: land and premises

          1. 6.(1) This paragraph applies where the governing body of a...

        3. Disposal of property held by governing body of maintained school on their dissolution

          1. 7.(1) This paragraph applies in connection with the dissolution of...

        4. Notice by trustees terminating foundation or voluntary school’s occupation of existing site

          1. 8.(1) This paragraph applies where trustees have given a notice...

      3. Part III General

        1. 9.(1) Where a transfer under paragraph 1(3)(a), 2(3)(a), 4(2), 5(4)(a)...

        2. 10.(1) In this Schedule— (a) “the trustees”, in relation to...

      4. PART IV DISPOSAL OF LAND OF A VOLUNTARY AIDED SCHOOL BY THE LOCAL EDUCATION AUTHORITY

        1. 11.(1) In this paragraph— (a) “capital expenditure” has the meaning...

    24. SCHEDULE 23

      Determination, variation and review of standard numbers

      1. Part I Determination of standard numbers

        1. Standard numbers for admission to maintained schools

          1. 1.(1) This paragraph applies to any maintained school which immediately...

        2. Standard numbers on establishment or alteration of school

          1. 2.(1) If proposals under section 28 or paragraph 5 of...

      2. Part II Variation of standard numbers: England

        1. Application of Part II

          1. 3.This Part of this Schedule applies to schools in England....

        2. Variation of standard numbers

          1. 4.(1) The Secretary of State may by order applying to...

        3. Procedure for application to vary standard number

          1. 5.(1) Where the local education authority or the governing body...

        4. Decision on application to vary standard number

          1. 6.(1) Subject to the following provisions of this paragraph, on...

      3. Part III Variation of standard numbers: Wales

        1. Application of Part III

          1. 7.This Part of this Schedule applies to schools in Wales....

        2. Variation of standard numbers

          1. 8.(1) The Secretary of State may by order applying to...

        3. Procedure for application to vary standard number

          1. 9.(1) Where the local education authority or the governing body...

        4. Decision on application to vary standard number

          1. 10.(1) Subject to the following provisions of this paragraph, on...

      4. Part IV Review of standard numbers

        1. 11.(1) The admission authority for a maintained school shall keep...

    25. SCHEDULE 24

      Admission appeals

      1. Part I Constitution of appeal panels

        1. Appeal arrangements made by local education authorities

          1. 1.(1) An appeal pursuant to arrangements made by a local...

        2. Appeal arrangements made by governing bodies

          1. 2.(1) An appeal pursuant to arrangements made by the governing...

          2. 3.(1) Where (by virtue of section 94(3)) joint arrangements are...

        3. Joint arrangements by local education authorities and governing bodies

          1. 4.(1) Where (by virtue of section 94(4)) joint arrangements are...

        4. Allowances for members

          1. 5.(1) For the purpose of the payment of financial loss...

        5. Duty to advertise for lay members

          1. 6.The Secretary of State may by regulations require any local...

        6. Indemnity

          1. 7.(1) Any local education authority or governing body required to...

      2. Part II Procedure

        1. 8.In this Part of this Schedule “appeal” means an appeal...

        2. 9.An appeal shall be by notice in writing setting out...

        3. 10.An appeal panel shall give the appellant an opportunity of...

        4. 11.The matters to be taken into account by an appeal...

        5. 12.Where the decision under appeal was made on the ground...

        6. 13.(1) Appeals shall be heard in private except when the...

        7. 14.In the event of a disagreement between the members of...

        8. 15.(1) The decision of an appeal panel and the grounds...

        9. 16.Subject to paragraphs 9 to 15, all matters relating to...

        10. Power of Secretary of State to make amendments

          1. 17.The Secretary of State may by order make such amendments...

    26. SCHEDULE 25

      Children to whom section 87 applies: appeals by governing bodies 12.10.01

      1. Duty to notify governing body of decision to admit child

        1. 1.Where any such decision as is mentioned in section 95(2)...

      2. Time limit on appealing

        1. 2.An appeal by the governing body against any such decision...

      3. Appeal panels

        1. 3.(1) Subject to sub-paragraphs (2) and (3) below, paragraphs 1,...

      4. Procedure on an appeal

        1. 4.In the following provisions of this Schedule— “appeal” means an...

        2. 5.An appeal shall be by notice in writing setting out...

        3. 6.(1) The appeal panel shall meet to consider an appeal...

        4. 7.On an appeal the panel shall allow—

        5. 8.In considering an appeal the appeal panel shall have regard...

        6. 9.Appeals shall be heard in private except when the local...

        7. 10.Two or more appeals may be combined and dealt with...

        8. 11.In the event of a disagreement between the members of...

        9. 12.The decision of an appeal panel and the grounds on...

        10. 13.Subject to paragraphs 5 to 12, all matters relating to...

      5. Power of Secretary of State to make amendments

        1. 14.The Secretary of State may by order make such amendments...

    27. SCHEDULE 26

      Inspection of nursery education

      1. Introductory

        1. 1.(1) In this Schedule “relevant nursery education” means—

        2. 2.(1) In this Schedule “the Chief Inspector” means—

      2. General functions of the Chief Inspector

        1. 3.The Chief Inspector has the general duty of keeping the...

        2. 4.When asked to do so by the Secretary of State,...

        3. 5.The Chief Inspector may at any time give advice to...

      3. Inspections

        1. 6.(1) The Chief Inspector— (a) shall secure that relevant nursery...

        2. 7.A person conducting an inspection under paragraph 6 shall report...

      4. Registration of nursery education inspectors

        1. 8.(1) Her Majesty’s Chief Inspector of Schools in England shall...

        2. 9.(1) If the Chief Inspector is satisfied that any of...

        3. 10.(1) Any person who is aggrieved by—

      5. Training

        1. 11.(1) A registered nursery education inspector shall not conduct an...

      6. Impartiality

        1. 12.A person shall not undertake an inspection under paragraph 6...

      7. Reports of inspections

        1. 13.(1) Where a person has conducted an inspection under paragraph...

      8. Annual reports of the Chief Inspector

        1. 14.The annual reports of the Chief Inspector required by subsection...

      9. Reserve powers of the Chief Inspector

        1. 15.The Chief Inspector may, in any case where it appears...

        2. 16.If the Chief Inspector elects in the case of an...

        3. 17.Where an inspection is being conducted by a registered nursery...

      10. Rights of entry

        1. 18.(1) This paragraph applies to— (a) a registered nursery education...

    28. SCHEDULE 27

      Further provision about partnership arrangements in Wales

    29. SCHEDULE 28

      Amendments relating to school and nursery inspections

      1. Part I School inspections

        1. Introductory

          1. 1.In this Part of this Schedule “the 1996 Act” means...

        2. Persons who may be registered inspectors

          1. 2.In section 7(3) of the 1996 Act (registration of inspectors),...

        3. Decisions of Chief Inspector having immediate effect

          1. 3.In section 9(3)(a) of the 1996 Act (circumstances where Chief...

        4. Enrolment of persons to act as team members

          1. 4.(1) For paragraph 3(1) of Schedule 3 to the 1996...

        5. Replacement of inspectors

          1. 5.After paragraph 8 of Schedule 3 to the 1996 Act...

      2. Part II Nursery inspections

        1. Persons who may be registered nursery education inspectors

          1. 6.In paragraph 8(3) of Schedule 1 to the Nursery Education...

        2. Decisions of Chief Inspector having immediate effect

          1. 7.In paragraph 10(4)(a) of Schedule 1 to the Nursery Education...

        3. Powers of entry of registered nursery education inspectors

          1. 8.After paragraph 17 of Schedule 1 to the Nursery Education...

    30. SCHEDULE 29

      Amendments relating to functions of Education Transfer Council

      1. Introductory

        1. 1.In this Schedule “the 1988 Act” means the Education Reform...

      2. General provisions as to transfers

        1. 2.(1) Section 198 of the 1988 Act (transfers under Parts...

      3. Division and apportionment of property etc.

        1. 3.For paragraph 1 of Schedule 10 to the 1988 Act...

      4. Identification of property, rights and liabilities

        1. 4.For paragraph 2 of Schedule 10 to the 1988 Act...

      5. Resolution of disputes

        1. 5.For paragraph 3 of Schedule 10 to the 1988 Act...

      6. Proof of title by certificate

        1. 6.In paragraph 5 of Schedule 10 to the 1988 Act,...

      7. Construction of agreements etc.

        1. 7.In paragraph 7 of Schedule 10 to the 1988 Act,...

      8. Third parties affected by vesting provisions

        1. 8.In paragraph 9 of Schedule 10 to the 1988 Act—...

      9. Delivery of documents to transferee

        1. 9.In paragraph 10 of Schedule 10 to the 1988 Act,...

      10. Amendment of references to Education Assets Board

        1. 10.For “the Education Assets Board” or “the Board”, wherever occurring...

    31. SCHEDULE 30

      Minor and consequential amendments

      1. Children and Young Persons Act 1933 (c.12)

        1. 1.In section 1(7) of the Children and Young Persons Act...

      2. Local Authorities (Goods and Services) Act 1970 (c.39)

        1. 2.(1) Subject to sub-paragraph (2), in the Local Authorities (Goods...

      3. Local Government Act 1972 (c.70)

        1. 3.(1) Section 177 of the Local Government Act 1972 (provisions...

      4. Local Government Act 1974 (c.7)

        1. 4.(1) The Local Government Act 1974 shall be amended as...

      5. Sex Discrimination Act 1975 (c.65)

        1. 5.In section 22 of the Sex Discrimination Act 1975 (discrimination...

        2. 6.In section 27 of that Act (exception for single-sex establishments...

      6. Race Relations Act 1976 (c.74)

        1. 7.In section 17 of the Race Relations Act 1976 (discrimination...

      7. National Health Service Act 1977 (c.49)

        1. 8.In Schedule 1 to the National Health Service Act 1977...

      8. Representation of the People Act 1983 (c.2)

        1. 9.The Representation of the People Act 1983 shall be amended...

        2. 10.In section 95(2)(a) (schools and rooms for parliamentary election meetings),...

        3. 11.In section 96(2)(a) (schools and rooms for local election meetings),...

        4. 12.In Schedule 5 (use for parliamentary election meetings of rooms...

      9. Local Government Act 1986 (c.10)

        1. 13.In section 2A(4)(a) of the Local Government Act 1986 (prohibition...

      10. Education (No. 2) Act 1986 (c.61)

        1. 14.In section 49(3) of the Education (No. 2) Act 1986...

      11. Local Government Act 1988 (c.9)

        1. 15.In Schedule 1 to the Local Government Act 1988 (defined...

      12. Education Reform Act 1988 (c.40)

        1. 16.The Education Reform Act 1988 shall be amended as follows....

        2. 17.In section 218 (school and further and higher education regulations),...

        3. 18.In section 221(1)(b) (avoidance of certain contractual terms), for “an...

        4. 19.In section 226(4) (services to schools in member States providing...

        5. 20.In Schedule 8 (provisions relating to the body to be...

      13. Children Act 1989 (c.41)

        1. 21.In Schedule 9 to the Children Act 1989 (child minding...

      14. Local Government and Housing Act 1989 (c.42)

        1. 22.In section 13(5) of the Local Government and Housing Act...

      15. Environmental Protection Act 1990 (c.43)

        1. 23.In section 98(2) of the Environmental Protection Act 1990 (definitions),...

      16. School Teachers’ Pay and Conditions Act 1991 (c.49)

        1. 24.The School Teachers’ Pay and Conditions Act 1991 shall be...

        2. 25.In section 1 (establishment of review body on statutory conditions...

        3. 26.In section 2 (orders relating to statutory conditions of employment)—...

        4. 27.In section 3A (special provisions for teachers on transfer of...

        5. 28.(1) Section 5 (interpretation, etc.) shall be amended as follows....

      17. Diocesan Boards of Education Measure 1991 (1991 No.2)

        1. 29.The Diocesan Boards of Education Measure 1991 shall be amended...

        2. 30.In section 3 (transactions for which advice or consent of...

        3. 31.In section 7 (powers of Board to give directions to...

        4. 32.(1) Section 10 (interpretation) shall be amended as follows.

      18. Further and Higher Education Act 1992 (c.13)

        1. 33.The Further and Higher Education Act 1992 shall be amended...

        2. 34.In section 5(4) (administration of funds by councils), for “grant-maintained...

        3. 35.In section 21 (initial instruments and articles)—

        4. 36.For section 25 substitute— Transfer of property, etc. from foundation...

        5. 37.In section 26 (transfer of staff to further education corporation)—...

        6. 38.In section 28(2)(a) (designation of institutions as eligible for funds)...

        7. 39.In section 32 (transfer of property, etc., to designated institutions),...

        8. 40.In section 37 (attribution of surpluses and deficits)—

        9. 41.In section 44(1) (collective worship) for the words from “was...

        10. 42.In section 45(1) (religious education) for the words from “means”...

        11. 43.In section 47(2) (transfer of higher education institutions to further...

        12. 44.In section 48 (statutory conditions of employment)—

        13. 45.In section 58(3) (reorganisations of schools involving establishment of further...

        14. 46.In section 90 (interpretation)— (a) after subsection (3) insert—

      19. Tribunals and Inquiries Act 1992 (c.53)

        1. 47.In paragraph 15 of Schedule 1 to the Tribunals and...

      20. Charities Act 1993 (c.10)

        1. 48.In section 3 of the Charities Act 1993 (the register...

        2. 49.In section 79(9) of that Act (parochial charities), for the...

      21. Welsh Language Act 1993 (c.38)

        1. 50.In section 6(1) of the Welsh Language Act 1993 (meaning...

      22. Value Added Tax Act 1994 (c.23)

        1. 51.In Schedule 9 to the Value Added Tax Act 1994...

      23. Education Act 1994 (c.30)

        1. 52.The Education Act 1994 shall be amended as follows.

        2. 53.In section 11A (general duty of Secretary of State with...

        3. 54.In section 12 (power of schools to provide courses of...

      24. Employment Rights Act 1996 (c.18)

        1. 55.In section 134(1) of the Employment Rights Act 1996 (teachers...

      25. Nursery Education and Grant-Maintained Schools Act 1996 (c.50)

        1. 56.In section 4(1) of the Nursery Education and Grant-Maintained Schools...

      26. Education Act 1996 (c.56)

        1. 57.The Education Act 1996 shall be amended as follows.

        2. 58.In section 1(2) (the stages of education), omit paragraph (b)...

        3. 59.In section 5 (primary, secondary and middle schools)—

        4. 60.In section 6(2) (nursery schools and special schools), for the...

        5. 61.In section 9 (pupils to be educated in accordance with...

        6. 62.In section 14 (functions of local education authorities in respect...

        7. 63.After section 15 insert— Functions in respect of full-time education...

        8. 64.(1) Section 16 (power to establish, maintain and assist primary...

        9. 65.In section 17(2) (powers in respect of nursery education), for...

        10. 66.Omit sections 20 to 28 (the funding authorities).

        11. 67.In section 29 (provision of information by local education authorities)—...

        12. 68.Omit section 30 (provision of information by funding authorities).

        13. 69.Part II (schools maintained by local education authorities) shall be...

        14. 70.Part III (grant-maintained schools) shall be omitted.

        15. 71.In section 312 (definitions for purposes of Part IV)—

        16. 72.In section 313(1) (code of practice on special educational needs),...

        17. 73.In section 315(2) (review of arrangements for special educational provision),...

        18. 74.(1) Section 317 (duties of governing body or local education...

        19. 75.(1) Section 318 (provision of goods and services in connection...

        20. 76.In section 321(3) (general duty of local education authority towards...

        21. 77.In section 324 (statement of special educational needs)—

        22. 78.In section 327 (access for local education authority to certain...

        23. 79.Omit section 330 (assessment of education needs at request of...

        24. 80.For section 337 substitute— Special schools. (1) A school is a special school if it is...

        25. 81.Omit sections 338 to 341 (establishment of maintained and grant-maintained...

        26. 82.For section 342 substitute— Approval of non-maintained special schools Approval...

        27. 83.Omit sections 343 to 346 (government etc. of special schools)....

        28. 84.In section 348 (provision of special education at non-maintained schools),...

        29. 85.In section 350 (definitions for purposes of Part V), for...

        30. 86.In section 352(1)(a) (basic curriculum for maintained schools), for “sections...

        31. 87.In section 356 (establishment of the National Curriculum by order)—...

        32. 88.In section 357 (implementation of National Curriculum in schools), omit...

        33. 89.In section 362 (National Curriculum: development work and experiments)—

        34. 90.In section 366 (information concerning directions under section 365)—

        35. 91.Omit sections 370 to 374 (functions of local education authority...

        36. 92.Omit sections 376 to 389 (religious education and worship).

        37. 93.In section 390 (constitution of advisory councils), for subsection (2)...

        38. 94.(1) Section 391 (functions of advisory councils) shall be amended...

        39. 95.In section 392 (advisory councils: supplementary provisions), omit subsection (4)....

        40. 96.Omit section 393 (duty to constitute new standing advisory council)....

        41. 97.(1) Section 394 (determination of cases in which requirement for...

        42. 98.In section 395(1) (review of determinations under section 394), for...

        43. 99.In section 396(1) (power of Secretary of State to direct...

        44. 100.In section 399 (determination of question whether religious education in...

        45. 101.In section 402(6) (obligation to enter pupils for public examinations),...

        46. 102.In section 403(2) (sex education: manner of provision), for “a...

        47. 103.In section 404 (sex education: statements of policy)—

        48. 104.In section 406(3) (political indoctrination), for “a maintained special school”...

        49. 105.In section 407(2) (duty to secure balanced treatment of political...

        50. 106.In section 408 (provision of information)— (a) omit subsection (1)(b);...

        51. 107.In section 409 (complaints and enforcement: maintained schools)—

        52. 108.For the cross-heading “SCHOOL ADMISSIONS” preceding section 411 substitute— “...

        53. 109.Omit sections 411 to 432 (admission of pupils: general).

        54. 110.Omit section 433(4) (time for admission of pupils: admission for...

        55. 111.In section 434(4)(c) (registration of pupils: returns)—

        56. 112.Omit section 436 (effect of admission for nursery education).

        57. 113.In section 437 (school attendance orders)— (a) in each of...

        58. 114.In section 438 (choice of school: child without statement of...

        59. 115.(1) Section 439 (specification of schools in notices under section...

        60. 116.In section 440 (amendment of order at request of parent:...

        61. 117.In section 444(4)(b) (offence: failure to secure regular attendance at...

        62. 118.Omit section 448 (exemption where child becomes five during term)....

        63. 119.For section 449 and the cross-headings preceding it substitute— Chapter...

        64. 120.In section 451 (prohibition of charges for provision of education)—...

        65. 121.In section 456(1) (regulation of permitted charges), omit the words...

        66. 122.In section 457 (charges and remissions policies)—

        67. 123.In section 458 (charges for board and lodging at boarding...

        68. 124.In section 463 (meaning of “independent school”)—

        69. 125.In section 484 (grants for education support and training)—

        70. 126.In section 489 (conditions as to payment of grants under...

        71. 127.In section 490(1) (grants in respect of special provision for...

        72. 128.For section 494 substitute— Recoupment: excluded pupils. (1) Subsection (2) applies where a pupil is permanently excluded...

        73. 129.In section 496 (power of Secretary of State to prevent...

        74. 130.In section 497 (general default powers of the Secretary of...

        75. 131.In section 498 (powers of Secretary of State where no...

        76. 132.Omit sections 500 to 505 (rationalisation of school places).

        77. 133.In section 509 (provision of transport etc.)—

        78. 134.In section 510 (provision of clothing)— (a) in subsection (1)(a)...

        79. 135.In section 514 (provision of board and lodging otherwise than...

        80. 136.In section 515(2) (provision of teaching services for day nurseries),...

        81. 137.Omit section 516 (supply by LEA of goods and services...

        82. 138.Omit section 517 (payment of fees at schools not maintained...

        83. 139.(1) Section 519 (allowances for governors, etc.) shall be amended...

        84. 140.Omit section 520(3) (medical inspection and treatment of pupils: grant-maintained...

        85. 141.In section 521 (examination of pupils for cleanliness), in subsection...

        86. 142.In section 524 (removal of pupil at direction of medical...

        87. 143.In section 525 (offence of neglecting the cleanliness of a...

        88. 144.In section 527A (local education authority plans for children with...

        89. 145.In section 529 (power to accept gifts on trust for...

        90. 146.In section 530 (compulsory purchase of land)—

        91. 147.In section 531(2) (acquisition of land by agreement) for “voluntary...

        92. 148.In section 533 (duties of governing bodies of maintained schools...

        93. 149.Omit section 534 (duties of governing bodies of grant-maintained schools...

        94. 150.In section 535(1) (provision of teaching services for day nurseries),...

        95. 151.Omit section 536 (medical inspection and treatment of pupils at...

        96. 152.In section 537 (power of Secretary of State to require...

        97. 153.For section 537A substitute— Provision of information about individual pupils....

        98. 154.In section 538 (provision of information to Secretary of State...

        99. 155.Omit section 539 (provision of information by governing body of...

        100. 156.In section 540 (distribution of information about schools providing a...

        101. 157.In section 541 (distribution of information about further education institutions),...

        102. 158.In section 542 (prescribed standards for school premises)—

        103. 159.In section 543 (relaxation of prescribed standards in special cases)—...

        104. 160.In section 544 (approval etc. of school premises and boarding...

        105. 161.In section 545(2) (exemption from building byelaws of approved buildings),...

        106. 162.In section 546(2) (control of potentially harmful materials and apparatus...

        107. 163.In section 547 (nuisance or disturbance on school premises)—

        108. 164.Omit sections 549 and 550 (provisions about corporal punishment).

        109. 165.In section 550B(2) (detention), as inserted by section 5 of...

        110. 166.In section 551(2) (regulations as to duration of school day...

        111. 167.Omit section 552 (transitional exemption orders for purposes of Sex...

        112. 168.(1) Section 554 (power to make new provision as to...

        113. 169.In section 556(2) (content of orders under section 554)—

        114. 170.In section 557(9) (adoption of statutory trusts), in the definition...

        115. 171.In section 559 (power of local education authorities to prohibit...

        116. 172.In section 563(3) (educational records)— (a) at the end of...

        117. 173.In section 566(1)(b) (evidence: documents), for “a county or voluntary...

        118. 174.Omit section 567 (stamp duty).

        119. 175.In section 568 (orders)— (a) for subsection (2) substitute—

        120. 176.In section 569 (regulations)— (a) in subsection (2), for “section...

        121. 177.In section 570 (revocation and variation of certain orders and...

        122. 178.In section 573 (meaning of expressions relating to alteration etc....

        123. 179.Omit section 575 (meaning of expressions relating to employment).

        124. 180.In section 576 (meaning of “parent”)— (a) in subsection (1),...

        125. 181.Omit section 577 (minor authorities).

        126. 182.In section 578 (meaning of “the Education Acts”), insert at...

        127. 183.In section 579 (general interpretation)— (a) in subsection (1)—

        128. 184.In Schedule 1 (pupil referral units)— (a) in paragraph 6—...

        129. 185.Schedules 2 to 25A shall be omitted.

        130. 186.(1) Schedule 27 (making and maintenance of statements under section...

        131. 187.Schedule 28 (government and conduct of grant-maintained special schools) shall...

        132. 188.In Schedule 31 (agreed syllabuses of religious education), omit paragraphs...

        133. 189.The following provisions shall be omitted— (a) Schedule 32 (reduction...

      27. School Inspections Act 1996 (c.57)

        1. 190.The School Inspections Act 1996 shall be amended as follows....

        2. 191.(1) Section 10 (inspection of certain schools by registered inspectors)...

        3. 192.(1) Section 11 (application of provisions for inspections) shall be...

        4. 193.In section 15(3)(b) (timing of inspections), for “a county, voluntary...

        5. 194.(1) Section 16 (destination of reports) shall be amended as...

        6. 195.(1) Section 17 (special measures by appropriate authority) shall be...

        7. 196.(1) Section 18 (additional special measures by local education authority)...

        8. 197.In section 20(3) (destination of reports)— (a) in paragraph (a),...

        9. 198.In section 21(4) (special measures by appropriate authority)—

        10. 199.(1) Section 23 (inspection of religious education) shall be amended...

        11. 200.Omit the following sections— (a) sections 26 to 30 (miscellaneous...

        12. 201.In section 45 (orders and regulations)— (a) in subsection (1),...

        13. 202.(1) Section 46(1) (interpretation) shall be amended as follows.

        14. 203.In paragraph 1 of Schedule 3 (inspections under section 10),...

        15. 204.In paragraph 3 of Schedule 4 (inspections of denominational education)—...

        16. 205.Schedule 5 (education associations) shall be omitted.

        17. 206.In Schedule 6 (consequential amendments), omit paragraph 7.

      28. Education Act 1997 (c.44)

        1. 207.The Education Act 1997 shall be amended as follows.

        2. 208.Omit the following provisions— (a) sections 2 and 3 (school...

        3. 209.In section 15 (baseline assessments: interpretation), in the definition of...

        4. 210.In section 16(5) (adoption of baseline assessment schemes), for “a...

        5. 211.In section 17 (assessment of pupils)— (a) in subsection (5),...

        6. 212.In section 18 (regulations for Chapter I of Part IV)—...

        7. 213.In section 19 (school performance targets), for subsection (3) substitute—...

        8. 214.In section 23 (functions of Qualifications and Curriculum Authority)—

        9. 215.In section 29(3) (functions of Qualifications, Curriculum and Assessment Authority...

        10. 216.In section 42 (miscellaneous amendments relating to school inspections), omit...

        11. 217.In section 43(2) (provision of careers education)—

        12. 218.Omit section 50 (recoupment by local education authority of costs...

        13. 219.In section 52 (commencement of compulsory school age), omit subsections...

        14. 220.In section 57 (minor and consequential amendments, repeals etc), omit...

        15. 221.In section 58(4) (commencement) omit “section 50,”.

        16. 222.Omit the following provisions— (a) Schedules 1 to 3;

        17. 223.In Schedule 7 (minor and consequential amendments), omit paragraphs 15...

      29. Education (Schools) Act 1997 (c.59)

        1. 224.In section 2 of the Education (Schools) Act 1997 (transitional...

      30. Audit Commission Act 1998 (c.18)

        1. 225.In section 36(3) of the Audit Commission Act 1998 (studies...

    32. SCHEDULE 31

      Repeals

    33. SCHEDULE 32

      Transitional provisions and savings

      1. Part I Funding

        1. Interpretation

          1. 1.In this Part of this Schedule— “the 1996 Act” means...

        2. Continued operation of GMS grants provisions

          1. 2.(1) Subject to the provisions of this paragraph, the GMS...

        3. Existing loans

          1. 3.(1) Any loan made under section 255 of the 1996...

        4. Grants by Secretary of State in respect of planned expenditure

          1. 4.(1) Regulations may provide for the payment by the Secretary...

        5. Deferment of governing body’s right to delegated budget

          1. 5.(1) A maintained school falling within section 49(1) shall not...

      2. Part II Other provisions

        1. Limit on class sizes

          1. 6.(1) The transitional provision which may be made for the...

        2. School Teachers’ Pay and Conditions Act 1991

          1. 7.The amendment made by section 13 of this Act shall...

        3. Orders for purposes of section 20(5)

          1. 8.The Secretary of State may only make an order under...

        4. Notice by trustees to terminate former voluntary school’s occupation of land

          1. 9.(1) This paragraph applies where— (a) at any time before...

        5. Transfer of sites provided under sections 60 and 61 of the Education Act 1996

          1. 10.(1) This paragraph applies where— (a) before the appointed day...