SCHEDULES
SCHEDULE 17Temporary continuity directions etc: education, training and childcare
PART 1England and Wales
Notices temporarily removing or relaxing statutory provisions etc: England
X15
1
The Secretary of State may by notice make provision in relation to England—
a
disapplying, for a specified period, any enactment listed in sub-paragraph (5) or any similar Academy arrangements provision;
b
modifying, for a specified period—
i
any enactment listed in the table in sub-paragraph (6), in the manner described in that table, or
ii
any similar Academy arrangements provision in the corresponding manner.
2
A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to—
a
a specified person or description of persons;
b
a specified area;
c
any other matter.
3
A notice under sub-paragraph (1) may also make such consequential modifications of any other enactment, for the specified period, as the Secretary of State considers appropriate.
4
A notice under sub-paragraph (1) must state why the Secretary of State considers that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus.
5
This is the list referred to in sub-paragraph (1)(a)—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
sections 437, 443 and 444(1) and (1A) of that Act (provisions relating to attendance at school);
F2c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
section 1(6) of the Care Standards Act 2000 (which provides that a school is a “children's home” in specified circumstances);
e
sections 5(1), F5... 15(3), 17(2), 48(3) and 49(1) and (2) of the Education Act 2005 (provisions relating to inspections);
f
section 1A(1)(b) of the Academies Act 2010 (requirement for academy to have broad and balanced curriculum);
F3g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
This is the table referred to in sub-paragraph (1)(b)—
Act | Enactment | Authorised modification |
|---|---|---|
F6... | F6... | F6... |
F6... | F6... | F6... |
Education Act 1996 | Section 3 (definition of “pupil”) | A person is not for the purposes of the Education Act 1996 to be treated as a pupil at a school merely because any education is provided for that person at the school on a temporary basis for reasons relating to the incidence or transmission of coronavirus. |
F6... | F6... | F6... |
F6... | F6... | F6... |
Education Act 1996 | Section 19 (exceptional provision of education in pupil referral units or elsewhere) | Any duty imposed on a person by or under section 19 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
F6... | F6... | F6... |
F6... | F6... | F6... |
F6... | F6... | F6... |
F6... | F6... | F6... |
F6... | F6... | F6... |
Education Act 2005 | Section 5 (duty of chief inspector to inspect certain schools) | The duty imposed by section 5(1)(a) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. |
F6... | F6... | F6... |
Education Act 2005 | Section 15 (measures to be taken by local authority) | The duty imposed on a local authority by virtue of section 15(3) is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. |
Education Act 2005 | Section 17 (statement to be prepared by proprietor of school) | The duty imposed on a person by virtue of section 17(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2005 | Section 48 (inspection of religious education: England) | Any duty imposed on a person by section 48(3) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2005 | Section 49 (procedure for inspection under section 48) | Any duty imposed on a person by section 49(1) or (2) is treated as discharged if the person has used reasonable endeavours to discharge the duty. |
F6... | F6... | F6... |
F6... | F6... | F6... |
F6... | F6... | F6... |
F6... | F6... | F6... |
F6... | F6... | F6... |
7
The specified period in a notice under sub-paragraph (1) must not exceed one month.
8
The Secretary of State may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice.
9
A cancellation notice may contain transitional or saving provision.
10
Where a notice under sub-paragraph (1) modifies section 124(2) or 125(2) of the Education and Skills Act 2008 in the manner specified in the table in sub-paragraph (6), that modification continues to have effect in relation to any decision notice served during the specified period in the notice (except that if the notice is cancelled, that specified period is treated as having ended at the time the cancellation of the notice takes effect under sub-paragraph (8)).
11
Nothing in sub-paragraph (7) or (8) prevents the making of a further notice in relation to any provision.
12
Subject to sub-paragraph (13), the Secretary of State must—
a
publish a notice under this paragraph, and
b
take such other steps as the Secretary of State considers reasonable to bring the notice to the attention of those persons likely to be affected by it.
13
Where the notice relates to a person specified by name—
a
the Secretary of State must give a copy of the notice to that person, and
b
the published version of the notice must not identify any individual without their consent.
14
In this paragraph—
“Academy arrangements” has the meaning given by section 1(2) of the Academies Act 2010;
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978), and includes an enactment whenever passed or made;
“similar Academy arrangements provision” means—
- a
for the purposes of sub-paragraph (1)(a) any provision of Academy arrangements which is similar to any enactment listed in sub-paragraph (5), and
- b
for the purposes of sub-paragraph (1)(b) any provision of Academy arrangements which is similar to any enactment listed in the table in sub-paragraph (6);
- a
“specified”, in relation to a notice under sub-paragraph (1), means specified in the notice.
6
1
The Secretary of State may by regulations amend the list in paragraph 5(5) or the table in paragraph 5(6) so as to add an enactment relating (directly or indirectly) to children, education or training, or to vary or remove an entry.
2
The power to make regulations under this paragraph is exercisable by statutory instrument.
3
Regulations under this paragraph may—
a
make different provision for different purposes;
b
contain transitional, transitory or saving provision.
4
A statutory instrument containing regulations under this paragraph must be laid before Parliament as soon as reasonably practicable after being made.
5
Regulations contained in an instrument laid before Parliament by virtue of sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of each House of Parliament.
6
In calculating the period of 40 days, no account is to be taken of any time during which—
a
Parliament is dissolved or prorogued, or
b
both Houses of Parliament are adjourned for more than 4 days.
7
Where regulations cease to have effect as a result of sub-paragraph (5), that does not—
a
subject to sub-paragraph (8), affect anything previously done under or by virtue of the regulations, or
b
prevent the making of new regulations.
8
Where a notice has been given under paragraph 5 by virtue of the regulations and the regulations cease to have effect during the specified period set out in that notice, the specified period is treated as ending at the time the regulations cease to have effect.