Office of Public Sector Information
PART 11 continued
Schedule 15 (which makes provision in relation to education action zones and Education Action Forums) shall have effect.
Schedule 16 (which contains amendments of the School Inspections Act 1996 (c. 57)) shall have effect.
Schedule 17 (which contains amendments of Part 5 of the Education Act 1997 (c. 44) relating to the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales) shall have effect.
(1) A local education authority may award or authenticate academic and vocational qualifications, and may in particular—
(a) devise and administer a qualification or a course leading to a qualification,
(b) register candidates,
(c) set, administer and moderate examinations or other assessments, and
(d) require the payment of fees in respect of the exercise of the power.
(2) A local education authority may secure the exercise by any other person of such of the authority’s powers under subsection (1) as the authority may specify.
(3) A local education authority may exercise their powers under this section by forming, or participating in forming, or being a member of, a body corporate.
(4) The powers under this section shall be regarded as always having been within the powers of a local education authority; and this section is without prejudice to the generality of the powers of a local education authority.
(1) When directed to do so by the National Assembly for Wales, the local education authorities in Wales (or such of them as may be specified in the direction) must consider whether they (or any of them) would be able to carry out their special education functions, in respect of children with the special educational needs specified in the direction, more efficiently or effectively if regional provision were made.
(2) In this section—
“regional provision” means—
provision of education for children from the areas of different local education authorities in Wales, at a school maintained by one of those authorities, or
provision made by two or more local education authorities in Wales for goods or services to be supplied by one of the authorities—
to the other or others, or
to one or more governing bodies of schools maintained by the other authority or authorities;
“special education functions” means functions under Part 4 of the Education Act 1996 (c. 56) (special educational needs).
(3) The authorities to whom a direction is given must report their conclusions to the Assembly not later than the time specified in the direction.
(4) In discharging their duties under this section, local education authorities must have regard to any guidance given from time to time by the Assembly.
(1) Where the National Assembly for Wales is of the opinion that two or more local education authorities in Wales (“Welsh authorities”) would be able to carry out their special education functions, in respect of a particular class of children, more effectively or efficiently if regional provision were made, the Assembly may exercise its powers under this section and section 193 with a view to securing that such provision is made.
(2) The Assembly may, by order, do one or more of the following—
(a) direct a Welsh authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools;
(b) direct the governing body of a foundation, voluntary or foundation special school maintained by a Welsh authority (a “relevant school”) to exercise their powers to make proposals for the alteration of their school;
(c) direct two or more Welsh authorities to make proposals for arrangements under which—
(i) provision for education is made by one of the authorities in respect of persons from the area (or areas) of the other authority (or authorities), and
(ii) provision is made for determining the payments to be made under the arrangements in respect of the provision of that education;
(d) direct two or more Welsh authorities to make proposals for arrangements that provide for one of those authorities to make to the other (or others) such supplies of goods or services as may be specified in the proposals on such terms (including terms as to payment) as may be so specified;
(e) direct a Welsh authority and the governing bodies of one or more relevant schools to make proposals for arrangements that provide for the authority to make to the governing bodies such supplies of goods or services as may be specified in the proposals, on such terms (including terms as to payment) as may be so specified;
to secure that regional provision is made in relation to such class of children, from such areas, as may be specified in the order.
(3) Where an order contains a direction under paragraph (c) of subsection (2) and also a direction under paragraph (a) or (b) of that subsection, the payments to which paragraph (c) refers may include an amount in respect of such costs connected with the establishment, alteration or discontinuance of the school in question as may be specified in the order.
(4) An order under this section shall—
(a) require the proposals to be published not later than such date as is specified in the order, and
(b) require the body publishing the proposals to send a copy of the published proposals and such information in connection with those proposals as may be prescribed by the order, to the Assembly.
(5) Proposals made in pursuance of an order containing a direction under subsection (2)(c) to (e) must contain such information and be published in such manner as is prescribed by regulations.
(6) Regulations may, in respect of proposals made in pursuance of such an order, make provision for—
(a) consultation on the proposals;
(b) the making of comments on or objections to the proposals;
(c) withdrawal of the proposals;
(d) modification of the proposals;
(e) approval of the proposals by the Assembly;
(f) implementation of the proposals by the body or bodies that made them.
(7) Without prejudice to the generality of subsection (6), regulations under that subsection may include provision equivalent to that made by or under Part 2 of Schedule 6 to the School Standards and Framework Act 1998 (c. 31) in relation to proposals of the kind mentioned in subsection (2)(a) or (b).
(8) Where proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of an order containing a direction under subsection (2)(b) are approved or, as the case may be, determined to be implemented under that Schedule, then, despite anything in Part 3 of that Schedule, the local education authority shall defray the cost of implementing the proposals.
(9) In this section—
“powers to make proposals for the establishment, alteration or discontinuance of schools” means all or any of the powers of the local education authority to publish proposals under section 28, 29 or 31 of the School Standards and Framework Act 1998;
“powers to make proposals for the alteration of their school”, in relation to the governing body of a foundation, voluntary or foundation special school, means their powers to publish proposals under section 28(2)(b) or 31(2)(a) of that Act;
“regional provision” has the same meaning as in section 191;
“special education functions” has the same meaning as in that section.
(1) Where—
(a) the National Assembly for Wales has made an order containing directions under section 192(2), and
(b) either—
(i) any proposals have been published in pursuance of the order, or
(ii) the time allowed under the order for the publication of the proposals has expired,
the Assembly may make any such proposals as might have been made, in accordance with any direction contained in the order, by the body or bodies to which it was addressed.
(2) Proposals under this section shall contain such information and be published in such manner as the Assembly thinks fit.
(3) The Assembly shall send a copy of any proposals under this section to—
(a) each local education authority in Wales, and
(b) the governing body of each school to which the proposals relate.
(4) Regulations may make provision about proposals under this section and, in particular, may make provision for—
(a) consultation on the proposals;
(b) the making of comments on or objections to the proposals;
(c) modification of the proposals;
(d) implementation of the proposals by the bodies to which they relate.
(5) Without prejudice to the generality of subsection (4), regulations under that subsection may include provision which applies or reproduces (with or without modification) any provisions of Part 5 or paragraph 17 of Schedule 7 to the School Standards and Framework Act 1998 (c. 31) (procedure for dealing with proposals by the Assembly under that Schedule).
(6) Where proposals made and adopted by the Assembly under this section have effect (by virtue of subsection (5)) as if they were proposals made by the governing body of a foundation, voluntary or foundation special school under their powers to make proposals for the alteration of their school, and approved by the Assembly, then, despite anything in Part 3 of Schedule 6 to that Act, the local education authority shall defray the cost of implementing the proposals.
(1) In section 14 of the Education Act 1996 (c. 56) (functions in respect of provision of primary and secondary schools), after subsection (4) there is inserted—
“(4A) A local education authority for an area in Wales may secure that regional schools for providing—
(a) primary education, and
(b) education that is secondary education by virtue of section 2(2)(a),
are available for Wales or any part of Wales that includes the area of the authority.
(4B) For this purpose a “regional school”, in relation to a local education authority, is a school maintained by that authority which provides education to meet both—
(a) the needs of pupils with particular special educational needs in their area, and
(b) the needs of such pupils in the rest, or any other part, of Wales,
whether or not the institution also provides education suitable to the requirements of other pupils.”
(2) In section 318 of that Act (provision of goods and services in connection with special educational needs)—
(a) in subsection (3) after “authority” there is inserted “in England”, and
(b) after subsection (3A) there is inserted—
“(3B) A local education authority in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection (1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.”
Schedule 18 (the Special Educational Needs Tribunal for Wales) shall have effect.
(1) A local education authority in Wales shall publish any qualifying material which the National Assembly for Wales provides to the authority for the purposes of this subsection.
(2) A local education authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the authority for the purposes of this subsection.
(3) The governing body of any school maintained by a local education authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the body for the purposes of this subsection.
(4) For the purposes of this section, “qualifying material” is material the Assembly considers likely to—
(a) assist parents in choosing schools for their children,
(b) increase public awareness of the quality of education provided at schools, or a school, and of the educational standards achieved there, or
(c) assist in assessing the degree of efficiency with which the financial resources of schools, or a school, are managed.
(5) No material published or provided under this section may name any individual to whom it relates.
(6) The publication or provision of material by a local education authority or governing body under this section shall be in such form and manner as may be prescribed.
(1) The National Assembly for Wales may by regulations require any local education authority in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each such school of a prescribed class.
(2) For the purposes of this section, a partnership agreement is an agreement about how a local education authority and the governing body of a school are to discharge their respective functions in relation to the school as regards—
(a) such matters as may be prescribed, and
(b) such other matters as the authority and the governing body may agree.
(3) Where a local education authority fail to reach agreement with the governing body of a school for the purposes of subsection (1), the authority may draw up a statement setting out how they and the governing body are to discharge their respective functions in relation to the school as regards the matters prescribed under subsection (2)(a).
(4) Regulations under this section may—
(a) require the parties to a partnership agreement to review the agreement, and
(b) require a local education authority that has drawn up a statement under this section and the governing body to which that statement relates to review the statement,
at such intervals, or in such circumstances, as may be prescribed.
(5) Following a review of a partnership agreement, the parties may agree—
(a) not to change the agreement,
(b) to amend the agreement in such a manner that it remains a partnership agreement, or
(c) to replace the agreement with a new partnership agreement,
but, where they fail to do so, subsection (3) applies as it applies where a local education authority and governing body fail to reach agreement for the purposes of subsection (1).
(6) Following a review of a statement under subsection (3), the local education authority and governing body in question may agree to replace the statement with a partnership agreement, but, where they fail to do so, the authority may amend the statement or draw up a new one (provided the amended or replacement statement is one that could have been drawn up under subsection (3)).
(7) Regulations under this section may make provision for the time by which a local education authority or governing body must comply with any requirement imposed on them by or under the preceding provisions of this section.
(8) In the discharge of their functions in relation to a school maintained by a local education authority in Wales—
(a) the authority, and
(b) the governing body and head teacher of the school,
must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.
(1) The National Assembly for Wales may require—
(a) the governing body of each secondary school maintained by a local education authority in Wales, or of each such secondary school belonging to a class specified in the requirement, and
(b) the governing body of each of its feeder primary schools maintained by such an authority,
jointly, to draw up plans to facilitate the transition from primary school to secondary school of pupils at those primary schools who are admitted to the secondary school.
(2) In determining whether, for the purposes of this section, a particular school is to be regarded as a feeder primary school, in relation to a particular secondary school, regard is to be had to any guidance given, from time to time, by the Assembly.
(3) Regulations may—
(a) provide for the Assembly to determine any disputes as to whether a particular school is a feeder primary school of a particular secondary school for the purposes of this section; and
(b) make provision about plans under this section, including provision which specifies the period within which such plans are to be drawn up and provision about the content, review and amendment of such plans.
(4) In carrying out any functions conferred on them by or under this section, governing bodies must have regard to any guidance given, from time to time, by the Assembly.
(5) In the discharge of their functions under any enactment, the governing body of a school maintained by a local education authority in Wales, and the head teacher of that school, must have regard to any plans drawn up by the governing body under this section which for the time being have effect.
Schedule 19 (transport for persons over compulsory school age) shall have effect.
In section 457 of the Education Act 1996 (c. 56) (charges and remissions policies), in subsection (4) (entitlement to complete remission of charges in respect of board and lodging on a residential trip), for paragraph (b) there is substituted—
“(b) the pupil’s parent is—
(i) in receipt of income support,
(ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or
(iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,
in respect of any period wholly or partly comprised in the time spent on the trip.”
(1) For section 512 of the Education Act 1996 (provision of meals etc. at schools maintained by local education authorities) there is substituted—
(1) A local education authority may provide—
(a) registered pupils at any school maintained by the authority,
(b) other persons who receive education at such a school, and
(c) children who receive relevant funded nursery education,
with milk, meals and other refreshments.
(2) Where provision is made under subsection (1), it shall be made—
(a) in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and
(b) in a case within paragraph (c) of that subsection, at any place where education is being provided.
(3) A local education authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if—
(a) any prescribed requirements are met,
(b) a request for the provision of school lunches has been made by or on behalf of that person to the authority, and
(c) either—
(i) that person is eligible for free lunches (within the meaning of section 512ZB(2)), or
(ii) in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches.
(4) Subject to section 114(2) of the School Standards and Framework Act 1998 (c. 31) (lunches provided by LEAs to meet nutritional standards), any school lunches provided by a local education authority pursuant to subsection (3) may take such form as the authority think fit.
(5) A local education authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.
(6) In this section—
“prescribed” means prescribed by the Secretary of State by order;
“relevant funded nursery education”, in relation to a local education authority, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school—
under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA to secure sufficient nursery education), and
in consideration of financial assistance provided by the authority under those arrangements;
“school lunch”—
in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and
in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education,
whether involving a set meal or the selection of items by him or otherwise;
and references, in relation to a local education authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.
(1) A local education authority shall charge for anything provided by them under subsection (1) or (3) of section 512.
(2) A local education authority shall charge every person the same price for the same quantity of the same item.
(3) This section is subject to section 512ZB.
(1) Where the local education authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.
(2) For this purpose a person is eligible for free lunches if—
(a) he is within subsection (4), and
(b) a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.
(3) Where a local education authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if—
(a) the person is within subsection (4), and
(b) a request that the milk be provided free of charge has been made by him or on his behalf to the authority.
(4) A person is within this subsection if—
(a) his parent is—
(i) in receipt of income support,
(ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 (c. 18)),
(iii) in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or
(iv) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, or
(b) he, himself, is—
(i) in receipt of income support,
(ii) in receipt of an income-based jobseeker’s allowance, or
(iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed.
(5) In this section “prescribed” and “school lunch” have the same meaning as in section 512.”
(2) In section 512A of that Act (transfer of functions under section 512 to governing bodies)—
(a) in subsection (2)—
(i) in paragraph (a) for “section 512(1A) and (1B)” there is substituted “section 512(3) and (4)”,
(ii) in paragraph (b) for “section 512(3)(a)” there is substituted “section 512ZB(1)”, and
(iii) in paragraph (c) for “section 512(3)(b)” there is substituted “section 512ZB(3)”, and
(b) in subsection (6) for “section 512(2)(b)” there is substituted “section 512ZA(2)”.
(3) In section 114 of the School Standards and Framework Act 1998 (c. 31) (nutritional standards for school lunches for pupils at schools maintained by local education authorities)—
(a) in subsection (1), after “lunches for” there is inserted “(a)” and after “authorities” there is inserted “, or
(b) other persons who are provided with school lunches free of charge in accordance with section 512ZB of the Education Act 1996;”,
(b) in subsection (2), after “a school” there is inserted “or for such other persons who are provided with school lunches free of charge”, and
(c) in subsection (3)(b), at the beginning there is inserted “in the case of lunches provided to registered pupils at schools maintained by local education authorities,”.
(1) Regulations may make provision about the compilation, retention and disclosure of educational records of further education institutions.
(2) The regulations may, in particular, impose a function on—
(a) a local education authority, or
(b) the governing body of a further education institution.
(3) The regulations may, in particular, make a duty to provide a copy of a record conditional on the payment of a charge which does not exceed the cost of providing the copy.
(4) In this section “further education institution” has the same meaning as in section 140.
(1) The Secretary of State may by regulations require the governing body of a further education institution in England to prevent the use in the institution of specified equipment or specified materials without the approval of the Secretary of State.
(2) The Secretary of State may specify equipment or materials under this section only if he thinks the equipment or materials might endanger a person’s health or safety.
(3) The National Assembly for Wales may by regulations require the governing body of a further education institution in Wales to prevent the use in the institution of specified equipment or specified materials without the approval of the Assembly.
(4) The National Assembly for Wales may specify equipment or materials under this section only if it thinks the equipment or materials might endanger a person’s health or safety.
(5) In this section “further education institution” means an institution within the further education sector.
Chapter 1 of Part 4 of the Education Act 1997 (c. 44) (baseline assessments) shall cease to have effect.
Section 410 of the Education Act 1996 (c. 56) (which excludes the application of Part 5 of that Act in relation to a nursery school or in relation to a nursery class at a primary school) shall cease to have effect.
Schedule 20 (nuisance or disturbance on educational premises) shall have effect.
Education Act 2002