Part VII Miscellaneous and general
Code of practice for F1local authorities and maintained schools F2in Wales
127 Code of practice for securing effective relationships between F1local authorities and maintained schools F3in Wales.
(1)
The F4Assembly shall issue, and may from time to time revise, a code of practice containing such practical guidance as F5it thinks appropriate with a view to securing effective relationships between F1local authorities F6in Wales and the schools maintained by them—
(a)
in relation to promoting high standards of education in such schools; and
F7(b)
in relation to the discharge of such functions as the Assembly may determine for the purposes of this paragraph which are functions exercisable by or on behalf of such authorities in relation to such schools.
(2)
In discharging their functions in relation to any maintained school F8or maintained nursery school F9in Wales, it shall be the duty of—
(a)
the F10local authority,
(b)
the governing body, and
(c)
the head teacher,
to have regard to any relevant provisions of the code.
F11(3)
Subsections (1) and (2) of section 85 shall apply in relation to the code as they apply in relation to a code under section 84 relating to Wales.
(4)
The F12Assembly shall publish the code as for the time being in force.
F13(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial assistance to non-maintained schools
F14128 Financial assistance to non-maintained schools.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
129 Payment of school expenses; grant of scholarships, etc.
“518 Payment of school expenses; grant of scholarships, etc.
(1)
A local education authority, for the purpose of enabling persons to take advantage of any educational facilities available to them, may in such circumstances as may be specified in or determined in accordance with regulations—
(a)
pay such expenses of children attending community, foundation, voluntary or special schools as may be necessary to enable them to take part in any school activities,
(b)
grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age.
(2)
Regulations may make provision—
(a)
for requiring a local education authority to make, in relation to each financial year, a determination relating to the extent to which they propose to exercise their power under subsection (1)(b) in that year; and
(b)
for authorising an authority to determine not to exercise that power in a financial year—
(i)
generally,
(ii)
in such cases as may be prescribed, or
(iii)
in such cases as may be determined by the authority.”
130 Transfer of assisted places.
(1)
“(g)
provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has at any time held) an assisted place provided by a school under section 2(1), to authorise another school which is either—
(i)
a former participating school, or
(ii)
a new school authorised to provide assisted places by virtue of paragraph (f) above,
to provide for the pupil under section 2(1) the assisted place which the first-mentioned school was authorised to provide.”
(2)
In section 75A(9A) of the M3Education (Scotland) Act 1980 (regulations in connection with assisted places)—
(a)
the word “and” immediately preceding paragraph (b) shall be omitted; and
(b)
“; and
(c)
provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.”
Abolition of corporal punishment
131 Abolition of corporal punishment in schools etc.
(1)
“548 No right to give corporal punishment.
(1)
Corporal punishment given by, or on the authority of, a member of staff to a child—
(a)
for whom education is provided at any school, or
(b)
for whom education is provided, otherwise than at school, under any arrangements made by a local education authority, or
(c)
for whom specified nursery education is provided otherwise than at school,
cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.
(2)
Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere.
(3)
The following provisions have effect for the purposes of this section.
(4)
Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.
(5)
However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting—
(a)
an immediate danger of personal injury to, or
(b)
an immediate danger to the property of,
any person (including the child himself).
(6)
“Member of staff”, in relation to the child concerned, means—
(a)
any person who works as a teacher at the school or other place at which education is provided for the child, or
(b)
any other person who (whether in connection with the provision of education for the child or otherwise)—
(i)
works at that school or place, or
(ii)
otherwise provides his services there (whether or not for payment),
and has lawful control or charge of the child.
(7)
“Child” (except in subsection (8)) means a person under the age of 18.
(8)
“Specified nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age which is provided—
(a)
by a local education authority; or
(b)
by any other person—
(i)
who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or
(ii)
who is (or is to be) in receipt of grants under section 1 of the M5Nursery Education and Grant-Maintained Schools Act 1996; or
(c)
(otherwise than as mentioned in paragraph (a) or (b)) in any educational institution which would fall within section 4(1) above (definition of “school”) but for the fact that it provides part-time, rather than full-time, primary education.”
F15(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The funding authorities
132 Dissolution of Funding Agency for Schools.
(1)
The Funding Agency for Schools shall be dissolved on such date as the Secretary of State may by order specify (“the dissolution date”).
F16(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
Any property, rights and liabilities to which the Agency are entitled or subject immediately before the dissolution date (whether or not capable of being transferred or assigned by the Agency) shall by virtue of this section become property, rights and liabilities of the Secretary of State on that date.
F17(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability of the Agency to which subsection (5) applies shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if—
(a)
where the Agency is a party to it, the Secretary of State were substituted as that party,
(b)
for any reference to the Agency there were substituted a reference to the Secretary of State,
(c)
for any reference (however worded and whether express or implied) to the chairman, the chief officer or any member of the Agency there were substituted a reference to such officer or officers as the Secretary of State may appoint for the purpose, and
(d)
for any reference to the office or place of business of the Agency there were substituted a reference to the principal office of the Secretary of State.
F18133 Removal of power to establish Schools Funding Council for Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
School and nursery inspections
134 Publication of inspection reports.
F19(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
In section 39 of the M6Education Act 1997 (reports of inspections of F1local authorities), at the end of subsection (4) (publication of such reports) there shall be added “; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).”
F21135 Miscellaneous amendments relating to school and nursery inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Assets Board
136 Change of name of Education Assets Board.
(1)
The Education Assets Board shall be known instead as the Education Transfer Council.
(2)
For any reference to the Education Assets Board—
(a)
in any statutory provision (other than this section), or
(b)
in any instrument or document,
there shall be substituted, as respects any time after the commencement of this section, a reference to the Education Transfer Council.
(3)
The Secretary of State may by order specify a different name by which the Council are to be known; and an order under this section may make such provision as appears to the Secretary of State to be necessary or expedient in consequence of the change of name effected by the order (including provision for amending statutory provisions).
137 Education Transfer Council: alteration of functions and provision for dissolution.
(1)
Schedule 29 (which amends section 198 of, and Schedule 10 to, the M7Education Reform Act 1988, which relate to the functions of the Education Transfer Council) shall have effect.
(2)
The Secretary of State may by order make such further amendments of those provisions of that Act as he considers expedient.
(3)
Regulations may make provision—
(a)
for the dissolution of the Education Transfer Council by order of the Secretary of State and for enabling him to determine how any property, rights and liabilities of the Council are to be dealt with in connection with their dissolution;
(b)
for the subsequent establishment of a new body with such name as may be prescribed and constituted in the same manner as, or similarly to, the Council;
(c)
for dealing with transfers of property, rights and liabilities under this Act F22, under the Education Reform Act 1988 or under the Further and Higher Education Act 1992at a time when the Council has been dissolved and either—
(i)
a body has been subsequently established under paragraph (b), or
(ii)
no such body has been so established.
(4)
Regulations under subsection (3) may, in connection with any matters falling within paragraph (b) or (c) of that subsection—
(a)
modify any of the provisions of section 197 or 198 of, or Schedule 8 or 10 to, the M8Education Reform Act 1988 F23or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992;
(b)
apply any of those provisions with or without modifications;
(c)
make provision corresponding or similar to any of those provisions.
Supplementary
138 Orders and regulations.
(1)
Subject to subsection (2), any power of the Secretary of State F24or the Assembly to make an order or regulations under this Act shall be exercised by statutory instrument.
(2)
Subsection (1) does not apply to any order under—
(a)
section 11(5), 20(5), 21(8), 73, 82, 111(3)(a) or 142(1); or
(3)
Subject to subsections (4) and (5), a statutory instrument containing any order or regulations F27made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)
Subsection (3) does not apply to any order under—
(b)
F30... paragraph 1 of Schedule 32.
(5)
Subsection (3) also does not apply to—
(a)
any order under—
(i)
section 1(5),
F31(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31(iii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
; or
(b)
the first regulations to be made under—
(i)
section 38(3) or 39(1),
(ii)
section F32... , 47 or 48(1), or
(iii)
section 105 or 108(2);F33 or
(c)
the first regulations to be made under section 45AA, or
(d)
the first regulations to be made under section 47 in relation to England after the coming into force of paragraph 6 of Schedule 16 to the Education Act 2005,
and no such order or regulations shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
(6)
If a draft of the statutory instrument containing any such regulations under section 105 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
(7)
Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State F34or the Assembly thinks fit.
(8)
Any order or regulations under this Act may make different provision in relation to England and Wales respectively.
(9)
Nothing in this Act shall be read as affecting the generality of subsection (7).
F35138ARegulations made by Welsh Ministers under sections 89 to 90
(1)
Any power of the Welsh Ministers to make regulations under sections 89 to 90 shall be exercisable by statutory instrument.
(2)
A statutory instrument containing any such regulations made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3)
Any such regulations may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Welsh Ministers think fit.
139 Financial provisions.
(1)
There shall be paid out of money provided by Parliament—
(a)
any sums required for the making by the Secretary of State of grants or loans under this Act;
(b)
any other expenses of the Secretary of State under this Act; and
(c)
any increase attributable to this Act in the sums so payable by virtue of any other Act.
(2)
There shall be paid into the Consolidated Fund—
(a)
any sums received by the Secretary of State under or by virtue of this Act; and
140 Minor and consequential amendments and repeals.
(1)
The minor and consequential amendments set out in Schedule 30 shall have effect.
(2)
Unless the context otherwise requires, any reference in any enactment amended by this Act—
(a)
to a maintained school, or
(b)
to a community, foundation or voluntary school or a community or foundation special school,
is a reference to such a school within the meaning of this Act.
(3)
The enactments specified in Schedule 31 (which include certain spent enactments) are repealed to the extent specified.
(4)
Any articles of government of a school which are in force under the M9Education Act 1996 immediately before the appointed day shall cease to have effect on that day.
Construction
141 Minor authorities.
(1)
For the purposes of this Act a maintained school serves an area for which there are one or more minor authorities if the area served by the school is—
(a)
a parish or community;
(b)
an area in England which is not within a parish and is not situated in—
(i)
a county for which there is no council, or
(ii)
a county in which there are no district councils; or
(c)
an area comprising two or more areas each of which falls within paragraph (a) or (b).
(2)
Where the area served by the school is a parish—
(a)
the parish council (if there is one), or
(b)
the parish meeting (if there is no parish council),
is the minor authority in relation to the school.
(3)
Where the area served by the school is a community, the community council is the minor authority in relation to the school.
(4)
Where the area served by the school is an area falling within subsection (1)(b), any district council for the whole or part of the area is a minor authority in relation to the school.
(5)
Where the area served by the school is an area falling within subsection (1)(c), each of the relevant authorities is a minor authority in relation to the school.
(6)
In subsection (5) “the relevant authorities” means the bodies which, if the two or more constituent areas referred to in subsection (1)(c) were taken separately, would be minor authorities in relation to the school.
(7)
References in this section to the area served by a school are references to the area appearing to the F10local authority to be served by the school.
142 General interpretation.
(1)
In this Act, unless the context otherwise requires—
F38. . .
F39“the Assembly” means the National Assembly for Wales;
“Church in Wales school” means a F40foundation or voluntary school in the Province of Wales in relation to which the religion or religious denomination specified under section 69(4) is “Church in Wales” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese;
“Church of England school” means a F40foundation or voluntary school in the Province of Canterbury or York in relation to which the religion or religious denomination specified under section 69(4) is “Church of England” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated;
“community or foundation special school” means a community special school or a foundation special school;
“contract of employment”, “employee” and “employer” have the same meaning as in the M10Employment Rights Act 1996;
“employment” (except in section 92(4)) means employment under a contract of employment, and “employed” shall be construed accordingly;
F41“exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);
“foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;
“maintained school” (except in Part III) has the meaning given by section 20(7);
“prescribed” F42(except in sections 89 to 90) means prescribed by regulations;
“reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;
“regulations” F43(except in sections 89 to 90) means regulations made by the Secretary of State under this Act;
“relevant age group”, in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;
“Roman Catholic Church school” means a F40foundation or voluntary school in relation to which the religion or religious denomination specified under section 69(4) is “Roman Catholic” and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated;
“school maintained by a F10local authority”, in relation to any time on or after the appointed day, means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;
“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M11Interpretation Act 1978.
(2)
Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority” the Secretary of State shall consult the bishop for the diocese.
(3)
Any reference in this Act to the religion or religious denomination specified in relation to a school under section 69(4) F44or 124B(2) shall be construed, in a case where more than one religion or religious denomination is so specified, as including a reference to any of those religions or religious denominations.
(4)
As a result of subsection (3), subsection (1) has the effect that a school may, for example, be both a Church of England school and a Roman Catholic Church school and so have a different appropriate diocesan authority in each of those capacities; and, in the case of a school with two appropriate diocesan authorities, any reference in this Act F45(or Part 4 of the Education and Inspections Act 2006) to “the appropriate diocesan authority” is—
(a)
in relation to anything required to be done by or in relation to that authority, a reference to both of the authorities concerned; or
(b)
in relation to anything authorised to be done by or in relation to that authority, a reference to either or both of the authorities concerned (or, in the context of section 16(6) or (8) F46or of section 64(4) or (6) of the Education and Inspections Act 2006, to both of them acting together).
F47(5)
For the purposes of this Act children are to be regarded as admitted to a school for nursery education if—
(a)
in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and
(b)
in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class.
(6)
For the purposes of this Act references to disposing of land include references to—
(a)
granting or disposing of any interest in land;
(b)
entering into a contract to dispose of land or to grant or dispose of any such interest; and
(c)
granting an option to purchase any land or any such interest.
(7)
For the purposes of this Act—
(a)
a person employed by a F10local authority is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school; and
(b)
a person employed by a F10local authority is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.
(8)
This Act shall be construed as one with the M12Education Act 1996; and (without prejudice to their generality) paragraphs 1 and 2 of Schedule 39 to that Act (construction of references etc.) apply to references in this Act to provisions of that Act.
(9)
Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.
(10)
Subsection (1) of section 576 of that Act (meaning of “parent”) shall, in its application for the purposes of—
(a)
section 43 or 62(2) of this Act, or
(b)
paragraph 4 of Schedule 2 or paragraph 4 or 14 of Schedule 9 to this Act,
be taken as referring only to persons within paragraph (a) or (b) of that subsection who are individuals.
143 Index.
The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.
Expression | Relevant provision |
|---|---|
ability (in Chapter II of Part III) | section 99(5) |
adjudicator | section 25(3) |
admission arrangements (in Part III in relation to a maintained school) | sections 88(2) and 99(5) |
admission authority (in Chapter I of Part III in relation to a maintained school) | section 88(1) |
admitted to a school for nursery education | section 142(5) |
alteration (in Part II in the context of a prescribed alteration to a maintained school) | section 28(11) |
appeal panel (in Chapter I of Part III) | section 84(6) |
appointed day (except in Part I of Schedule 32) | section 20(7) |
appropriate diocesan authority (in relation to a Church in Wales, Church of England or Roman Catholic Church school) | section 142(1) and (4) |
appropriate further education funding council | section 142(1) |
area (in Part II) | section 28(11) |
F48Assembly | section 142(1) |
budget share (in Part II) | section 47(1) |
Chief Inspector (in Chapter IV of Part I) | section 14(4) |
child (in Chapter I of Part III but not in sections 96 and 97) | section 84(6) |
F49child looked after by a local authority (in Chapter 1 of Part 3) | section 84(7) |
Church in Wales school | section 142(1) |
Church of England school | section 142(1) |
class (in Chapter I of Part I) | section 4 |
community or foundation special school | section 142(1) |
“contract of employment” and other expressions relating to employment | section 142(1) and (7) |
discontinuing, and implementing proposals to discontinue, a school (in Part II in relation to a F10local authority) | section 29(10) |
disposing of land | section 142(6) |
education action zone (in Chapter III of Part I) | section 10(1) |
exclude, exclusion (in relation to the exclusion of a child from a school) | F50section 142(1) |
foundation (in relation to a foundation or voluntary school) (and having a foundation) | section 21(3) |
foundation body | section 21(4) |
foundation governor | F51section 142(1) |
governing body | |
(in Chapter III of Part I) | section 10(6) |
(of a maintained school or of a school maintained by a F10local authority) (in Chapter IV of Part II) | section 45(3) |
grammar school (in Chapter II of Part III) | section 104(7) |
group (in relation to a foundation body) | section 21(4) |
individual schools budget (in Part II) | F52section 45A(3) |
infant class (in Chapter I of Part I) | section 4 |
land or other property held on trust, or by trustees, for the purposes of a school | section 21(3)(c) |
F53. . . | F53. . . |
F10local authority (in relation to a school maintained, or proposed to be maintained, by such an authority) | section 22(8) |
|
|
maintain (in relation to a maintained school or a maintained nursery school) | section 22(8) |
maintained school | |
(generally) | section 20(7) |
F55(in Chapter 4 of Part 1) | section 14(3A) |
(in Chapter IV of Part II in a context referring to a F10local authority) | section 45(3) |
(in Chapter I of Part III) | section 84(6) |
(in Chapter II of Part III) | section 99(5) |
maintained nursery school | section 22(9) |
member of the Inspectorate (in Chapter IV of Part I) | section 14(4) |
minor authority | section 141 |
new school (in Chapter IV of Part II) | section 45(4) |
F56non-schools education budget (in Part 2) | Section 45A(1) |
nursery education (in Part V) | section 117 |
ordinary teaching session (in Chapter I of Part I) | section 4 |
participating school (in Chapter III of Part I in relation to an education action zone) | section 10(6) |
F57prescribed | |
(generally) | section 142(1) |
(in sections 89 to 90) | section 90ZA |
promoters (in Part II) F58in relation to Wales | section 28(2) F59... |
F60school teacher(in Chapter I of Part I in relation to an infant class) | section 4 |
reception class | section 142(1) |
F61regulations | |
(generally) | section 142(1) |
(in sections 89 to 90) | section 90ZA |
relevant age group | section 142(1) |
|
|
right to a delegated budget (in Part II) | section 49(7) |
Roman Catholic Church school | section 142(1) |
scheme (in Part II in relation to a maintained school) | section 48(5) |
school having a delegated budget (in Part II) | section 49(7) |
school maintained by a F10local authority | |
(generally) | section 142(1) |
(in Chapter IV of Part II) | section 45(3) |
school opening date | F63section 33(6) |
F64. . . | F64. . . |
school requiring special measures (in Chapter IV of Part I) | section 14(4) |
F65school which has a religious character | |
F65(in Part 2 in relation to a foundation or voluntary school) | section 69(3) |
F65(in Part 5A in relation to an independent school) | sections 69(3) and 124B(1). |
school which has selective admission arrangements (in Chapter II of Part III) | section 104(2) |
F66schools budget (in Part 2) | section 45A(2) |
specified religion or religious denomination | section 142(3) |
statutory provision | section 142(1) |
Final provisions
144 Transitional provisions etc.
(1)
Regulations may at any time make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.
(2)
Regulations under subsection (1) may, in particular, make provision—
(a)
for enabling any authority or body by whom any functions will become exercisable on the appointed day by virtue of any provision made by or under this Act to take before that day any steps (such as the establishment of committees or the undertaking of consultation) which are necessary or expedient in preparation for the exercise of those functions;
(b)
for requiring any body—
(i)
by whom any functions will cease to be exercisable at any time, or
(ii)
who are required to be reconstituted as from any time,
by virtue of any provision made by or under this Act to take before that time any steps (such as the provision of information, the furnishing of other assistance or the taking of any decision) which are necessary or expedient in preparation for the exercise of functions conferred on any authority or other body, by virtue of any such provision, as from that time or (as the case may be) in preparation for their reconstitution;
(c)
for the making before the appointed day of arrangements for securing the satisfactory operation from that day of any such provision and for defraying the cost of any such arrangements;
(d)
for prohibiting or restricting the taking of steps before the appointed day which, by virtue of any such provision, will cease to be capable of being taken as from that day;
(e)
for enabling the determination under the regulations of matters pending immediately before the appointed day;
(f)
for any provision of this Act which comes into force before—
(i)
another such provision has come into force, or
(ii)
anything falling to be done under another such provision (such as the approval of a school organisation plan) has been done,
to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;
(g)
for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the appointed day, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.
(3)
Without prejudice to the generality of subsection (1) or any provision of subsection (2), regulations under subsection (1) may provide—
(a)
for any relevant provision to apply (with or without modification) to, or to any description of—
(i)
schools maintained by a F10local authority within the meaning of the M13Education Act 1996, or
(ii)
grant-maintained or grant-maintained special schools within the meaning of that Act;
(b)
for any provision so applied, or any provision of the regulations, to have effect in relation to schools despite anything in their articles or instruments of government;
(c)
for any reference in this Act to the appointed day to have effect instead as a reference to such day as is specified in the regulations;
and accordingly references to the appointed day in subsection (2) include, in relation to any purposes for which any provision made by virtue of paragraph (c) above has effect, references to any such other day as is mentioned in that paragraph.
(4)
In paragraph (a) of subsection (3) “relevant provision” means—
(a)
(in relation to sub-paragraph (i) or (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a F10local authority within the meaning of this Act, or
(b)
(in relation only to sub-paragraph (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a F10local authority within the meaning of the M14Education Act 1996;
and in that paragraph and this subsection “school” includes a proposed school.
(5)
The amendments that may be made under subsection (2)(g) shall be in addition (and without prejudice) to those made by any other provision of this Act.
(6)
Nothing in this Act shall be read as prejudicing the generality of subsection (1).
(7)
The transitional provisions and savings in Schedule 32 shall have effect.
145 Short title, commencement and extent.
(1)
This Act may be cited as the School Standards and Framework Act 1998.
(2)
This Act shall be included in the list of Education Acts set out in section 578 of the M15Education Act 1996.
(3)
Subject to subsections (4) and (5), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.
(4)
The following provisions come into force on the day on which this Act is passed—
sections 1 to 4;
sections 20 and 21;
section 36(3);
section 82;
sections 84 and 85;
section 130;
sections 138, 139, 141 to 144 and this section;
Schedule 2;
Parts I and III of Schedule 11;
paragraph 224 of Schedule 30 (and section 140(1) so far as relating thereto); and
Schedule 32.
(5)
The following provisions come into force on the day on which this Act is passed, but for the purposes only of the preparation of instruments of government and the constitution of governing bodies and the exercise (in relation to those or any other matters) of any power to make regulations—
sections 36(1) and (2) and 37(1) and (2); and
Schedules 9, 10 and 12.
(6)
Subject to subsections (7) and (8), this Act extends to England and Wales only.
(7)
Section 130(2) extends to Scotland only; and this section extends also to Scotland.
(8)
The amendment or (subject to subsection (9)) repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland, and section 140 extends accordingly.
(9)
The entry in Schedule 31 relating to the M16Education (Scotland) Act 1980 extends to Scotland only.