SCHEDULE 2Consequential and Connected Amendments

PART 1Education Acts

School Standards and Framework Act 1998 (c. 31)I110

1

SSFA 1998 is amended as follows.

2

For “local education authority” and “LEA” in each place where those words occur (except in section 30(2)(d)) substitute “local authority”.

3

For “local education authorities” and “LEAs” in each place where those words occur substitute “local authorities”.

4

Sub-paragraphs (2) and (3) are subject to any other amendment made by this paragraph.

5

In section 23A(10)18 after the definition of “institution” insert—

  • “local authority” includes a non-metropolitan district council for an area for which there is a county council;

6

In section 45A19—

a

in subsection (1)—

i

for “LEA budget” substitute “non-schools education budget”;

ii

after “all” insert “education”;

b

in subsection (2) after “all” insert “education”;

c

in subsection (3) after “planned” insert “education”;

d

in subsection (4B)20 for “imposed on the authority in their capacity as a local education authority” substitute “an education function of the authority”;

e

at the end add—

7

In this section “education expenditure” means expenditure incurred by a local authority in connection with the performance of their education functions.

7

In section 47A(10)(b)21 omit “in their capacity as a children’s services authority within the meaning of that Act”.

8

In section 49(4) for “LEA budget” substitute “non-schools education budget”.

9

In section 5222—

a

before “expenditure” in each place where that word occurs insert “education”;

b

at the end add—

7

In this section “education expenditure” has the same meaning as in section 45A.

10

In section 77(7) for the definition of “local authority” substitute—

  • “local authority” includes—

    1. a

      a non-metropolitan district council for an area for which there is a county council, and

    2. b

      a parish council;

11

In section 95(2A)23 for “a local authority in England” substitute “such an authority”.

12

In section 95A24—

a

for paragraph (a) of subsection (1) substitute—

a

the admission authority for a community or voluntary controlled school in England is a local authority,

b

in subsection (2) for “local education authority” substitute “admission authority”.

13

In section 143—

a

omit the entry relating to LEA budget;

b

at the appropriate place in the table insert—

non-schools education budget (in Part 2)

Section 45A(1)

14

In Schedule 22—`

a

in paragraph A525—

i

in sub-paragraph (3) for the words from “the local education authority” to the end substitute “notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a)”;

ii

at the end add—

4

In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.

b

in paragraph A11—

i

in sub-paragraph (3) for the words from “the local education authority” to the end substitute “notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a)”;

ii

at the end add—

4

In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.

c

in paragraph A17—

i

in sub-paragraph (3) for the words from “the local education authority” to the end substitute “notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a)”;

ii

at the end add—

4

In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a country council.

d

in paragraph (c) of paragraph A20(5) after the words “local authority” insert “(within the meaning of paragraph A5, A11 or A17 as the case may be)”;

e

in paragraph A23(8)—

i

in paragraph (b) before the word “functions” insert “education”;

ii

in paragraph (c) for the words “local authority” (in the first place where they occur) to the end substitute “authority in the exercise of any of their relevant functions”;

f

in paragraph 5 at the end add—

7

In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.