Education and Inspections Act 2006

Education Act 1996 (c. 56) E+W

7 (1) Section 5 of EA 1996 (primary schools, secondary schools and middle schools) is amended as follows. E+W

(2) For subsection (3) substitute—

“(3) In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—

(a) have attained a specified age below 10 years and six months, and

(b) are under a specified age above 12 years.

(3A) The enactments mentioned in subsection (3) are—

(a) in relation to England—

(i) section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,

(ii) section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and

(iii) section 7, 10, 11 or 19 of the Education and Inspections Act 2006;

(b) in relation to Wales, section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998.”

Commencement Information

I1 Sch. 3 para. 7 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

8 E+W In section 332B of EA 1996 (resolution of disputes), in subsection (8)(c), for “a city academy” substitute “ an Academy ”.

Commencement Information

I2 Sch. 3 para. 8 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

9 (1) Section 394 of EA 1996 (determination of cases in which requirement for Christian collective worship is not to apply) is amended as follows. E+W

(2) In subsection (8), for “(by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)” substitute “ (by virtue of the relevant enactments) ”.

(3) After that subsection insert—

“(9) In subsection (8) “the relevant enactments” means—

(a) in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

(b) in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.”

Commencement Information

I3 Sch. 3 para. 9 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

10 (1) Section 529 of EA 1996 (power to accept gifts on trust for educational purposes) is amended as follows. E+W

(2) After subsection (1) insert—

“(1A) Any intention on the part of a local education authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 10 and 11 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.”

(3) In subsection (2)—

(a) after “local education authority” insert “ in Wales ”,

(b) omit “(other than a nursery school or a special school)”, and

(c) for the words from “the purposes of” to the end substitute “ for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales: procedure and implementation) shall apply accordingly. ”

(4) In subsection (3)—

(a) after “subsection” insert “ (1A) or ”, and

(b) at the end insert “ , a community special school or a maintained nursery school. ”

Commencement Information

I4 Sch. 3 para. 10 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

11 (1) Section 530 of EA 1996 (compulsory purchase of land) is amended as follows. E+W

(2) In subsection (1), for paragraph (c) substitute—

“(c) is required for the purposes of an Academy (whether established or to be established).”

(3) In subsection (3), for the words from “borne by them” to the end substitute “borne by them—

(a) in the case of an authority in England, under paragraph 7(1) of Schedule 7A to the Learning and Skills Act 2000 (power to give assistance in relation to carrying out of obligations under that Schedule) or under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a local education authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or

(b) in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment).”

Commencement Information

I5 Sch. 3 para. 11 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

12 (1) In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as follows. E+W

(2) In sub-paragraph (2)(b), for the words from “published” onwards substitute “ published under section 7 of the Education and Inspections Act 2006 (invitation for proposals for establishment of new schools) as a possible site for a new school ”.

(3) In sub-paragraph (3)(d), for the words from “published” onwards substitute “ published under section 7 of the Education and Inspections Act 2006 ”.

Commencement Information

I6 Sch. 3 para. 12 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)