Education Act 2002

Education Act 2002

2002 CHAPTER 32

Commentary on Sections and Schedules

Part 11 – Miscellaneous and General

General

Section 215: Minor and consequential amendments and repeals

412. Section 215 introduces Schedule 21 which contains a number of minor amendments and a number of amendments consequential on other provisions of the Act.

413. Paragraphs 13 and 16 of the Schedule repeal sections 23(4)(b), 39, 40, 41 and 42 of the FHEA which relate to the transfer of FE colleges from institutions maintained by LEAs to independent corporations financed by the Further Education Funding Councils now replaced by the LSC and the NCETW. They were introduced to provide new FE corporations with a safeguard against entering into unfair contracts with LEAs with whom they felt disadvantaged in negotiations for transfer of land. The provisions provided for the Secretary of State’s, or the NAW’s consent where the LEA was seeking to exclude the transfer of land, or were seeking to enter into a contract, with a third party, to the value of £50,000 or more which would bind the institution in the future. College governing bodies’ experience means they are able to protect their own interests without the Secretary of State’s, or the NAW’s, support. Further, these provisions are considered to be obsolete given that there are no longer any LEA controlled institutions to which these sections apply.

414. Paragraph 20 amends section 54(1) of the FHEA to correct an incorrect reference. Paragraph 21 repeals section 60 of the FHEA which serves no useful purpose.

415. Paragraphs 31 and 32correct incorrect references in the Employment Rights Act 1996 to governors.

416. The remainder of the paragraphs make minor amendments consequential on the new provisions in the Act, as follows:

• to the Disability Discrimination Act 1995, Education Act 1994, EA 96, SIA, SSFA and Freedom of Information Act 2000 consequential to the requirement on nursery schools to have governing bodies, and the requirement for nursery schools to be treated like maintained schools for most purposes including the legislation relating to SEN;

• to the Sex Discrimination Act 1975, EA 96, SIA, SSFA and LSA consequential to the changes to school organisation in the Act. In particular as there are now a number of statutory routes which affect school organisation it changes references to the various legislative references to statutory proposals about school organisation to a reference to “any enactment”;

• to the Local Government Acts 1972 and 1974, the Disability Discrimination Act 1995, Tribunals and Inquiries Act 1992, EA 96, SIA, and SSFA consequent to the changes made by Part 3 of the Act in respect of school governance, financing admissions and exclusions;

• to the POCA consequent to the new right of the proprietor of an independent school to appeal to the tribunal established under that Act, and to the repeal and replacement of section 218 of ERA;

• to the Public Passenger Vehicles Act 1981 consequent on the amendments in schedule 19 of the Act to education transport provisions;

• to a range of education legislation consequent on the rationalisation of the grant making powers;

• to ERA, EA 96 consequent to the potential changes to KS4 made possible by section 86 of the Act;

• to the Children Act 1989, Police Act 1997, the Environmental Protection Act 1990, the Education Act 1994, the Further and Higher Education Act 1992, the Teaching and Higher Education Act 1998, the SSFA and Criminal Justice and Court Services Act 2000 consequent on the repeal and replacement of section 218 of the Education Reform Act 1988;

• to the FHE 92, EA 96, and SSFA consequent on the repeal and replacement of the STPCA 1991;

• to the Disability Discrimination Act, the Employment Rights Act, EA 96 and the SSFA consequent to the new provisions in the Act about governance;

• to the definition of pupil in EA 96 consequent on the new governing body powers to provide community facilities;

• to the EA 96, EA 97 consequent on the creation of separate National Curricula for England and Wales;

• to the LSA consequent on the changes to schools financing;

• to the THEA consequent on the new provisions about prohibition from teaching etc.