Office of Public Sector Information
SCHEDULE 21 continued
80 Section 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.
81 In section 12 of the Teaching and Higher Education Act 1998 (deduction from teachers' salaries of fees for registration with General Teaching Council)—
(a) for subsection (2)(b) there is substituted—
“(b) required to be registered in the register by virtue of section 134 of the Education Act 2002”, and
(b) in subsection (4), for the definition of “schools” there is substituted—
““school” means a school maintained by a local education authority or a special school not so maintained”.
82 Section 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.
83 For section 15 of the Teaching and Higher Education Act 1998 (supply of information relating to dismissal or resignation of teachers, &c.) there is substituted—
(1) This section applies where a relevant employer—
(a) has ceased to use a person’s services on a ground mentioned in section 142 of the Education Act 2002, or
(b) might have ceased to use a person’s services on a ground mentioned in that section had the person not ceased to provide those services.
(2) In the case of a person who was providing services to a relevant employer in England, the employer shall provide prescribed information to such of the following as may be prescribed—
(a) the Secretary of State, and
(b) where the person is a registered teacher, the Council.
(3) In the case of a person who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to such of the following as may be prescribed—
(a) the National Assembly for Wales, and
(b) where the person is a registered teacher, the General Teaching Council for Wales.
(4) For the purposes of this section, a reference to a ground mentioned in section 142 of the Education Act 2002 shall be read as if subsection (4)(e) was not limited to the case of a direction given by virtue of subsection (2)(d).
(5) In this section—
“relevant employer” has the meaning given by section 142 of the Education Act 2002, and
“services” includes professional and voluntary services.
(1) This section applies to arrangements made by one person (the “agent”) for another person (the “worker”) to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).
(2) Subsections (3) and (4) apply where an agent—
(a) has terminated the arrangements on a ground mentioned in section 142 of the Education Act 2002,
(b) might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or
(c) might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.
(3) In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—
(a) the Secretary of State, and
(b) where the person is a registered teacher, the Council.
(4) In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—
(a) the National Assembly for Wales, and
(b) where the person is a registered teacher, the General Teaching Council for Wales.
(5) If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.
(6) If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.
(7) A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.
(8) A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.
(9) Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section.”
84 Section 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.
85 In section 19 of the Teaching and Higher Education Act 1998 (requirement for school teacher to serve induction period)—
(a) in subsection (7), for “section 49 of the Education (No. 2) Act 1986” there is substituted “section 131 of the Education Act 2002”,
(b) in subsection (8), after “local education authorities” there is inserted “in Wales”, and
(c) for subsection (10)(b) there is substituted—
“(b) “relevant school” means a school maintained by a local education authority or a special school not so maintained,”.
86 (1) Schedule 2 to the Teaching and Higher Education Act 1998 (disciplinary powers of the General Teaching Council) is amended as follows.
(2) In paragraph 1(4) for the words from “of any powers” to the end there is substituted “of the powers exercisable by him, in cases which he considers concern the safety and welfare of persons aged under 18, under section 142 of the Education Act 2002 —
(a) on the grounds that a person is unsuitable to work with children, or
(b) on grounds relating to a person’s misconduct or health.”
(3) Paragraph 1(5) is omitted.
87 In section 1 of the School Standards and Framework Act 1998 (duty to set limit on infant class sizes), for “qualified teacher” there is substituted “school teacher”.
88 In section 4 of the School Standards and Framework Act 1998 (interpretation) for the definition of “qualified teacher” there is substituted—
““school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers' pay and conditions)”.
89 In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.
90 In section 12 of the School Standards and Framework Act 1998 (functions of Education Action Forum), in subsection (4) for the words from “under sections” to “Schedule 17,” there is substituted “under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections,”.
91 Section 13 of the School Standards and Framework Act 1998 (disapplication of school teachers' pay and conditions order) shall cease to have effect.
92 In section 14 of the School Standards and Framework Act 1998 (powers of intervention exercisable by LEAs), after subsection (1) there is inserted—
“(1A) In this Chapter “maintained school” includes a maintained nursery school.”
93 (1) Section 16 of the School Standards and Framework Act 1998 (power of local education authority to appoint additional governors) is amended as follows.
(2) In subsection (5) for “(despite anything in Part II of Schedule 9)” there is substituted “(despite anything in regulations under section 19 of the Education Act 2002)”.
(3) In subsection (10) for “(despite paragraph 14 of Schedule 9)” there is substituted “(despite anything in regulations under section 19 of the Education Act 2002)”.
94 (1) Section 18 of the School Standards and Framework Act 1998 (power of Secretary of State to appoint additional governors) is amended as follows.
(2) In subsection (5) for “(despite anything in Part II of Schedule 9)” there is substituted “(despite anything in regulations under section 19 of the Education Act 2002).”
(3) In subsection (6)(b) for “paragraph 14 of Schedule 9” there is substituted “regulations under section 19 of the Education Act 2002.”
95 In section 20 of the School Standards and Framework Act 1998 (new categories of maintained schools), in subsection (2)(b), for “section 28 or 31” there is substituted “any enactment”.
96 (1) Section 22 of the School Standards and Framework Act 1998 (maintenance of schools) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (b), the words “under section 28 or 31” are omitted, and
(b) in paragraph (c), the words “under section 28” are omitted.
(3) In subsection (4)(b), for the words from “under paragraph 2” to the end there is substituted “under any enactment of providing new premises for the school”.
(4) In subsection (5)(b), for the words from “under paragraph 4” to the end there is substituted “under any enactment of providing new premises for the school”.
97 (1) Section 28 of the School Standards and Framework Act 1998 (proposals for establishment or alteration of community, foundation or voluntary school) is amended as follows.
(2) After subsection (1) there is inserted—
“(1A) Subsection (1)(a) does not apply to any proposal of a local education authority in England to establish a community or foundation school which is an additional secondary school within the meaning of section 70 of the Education Act 2002.”
(3) In subsection (2)(a) (promoters to publish proposals to establish new foundation or voluntary school), after “voluntary school” there is inserted “(otherwise than pursuant to a notice under section 70 of the Education Act 2002)”.
98 (1) Section 33 of the School Standards and Framework Act 1998 (provisions relating to establishment etc of schools) is amended as follows.
(2) In subsection (1)—
(a) for the words from “paragraph 5” to “2000” there is substituted “any enactment”,
(b) in paragraph (c), after “shall be” there is inserted “established or”, and
(c) after that paragraph there is inserted “; and
(d) no prescribed alteration shall be made to any maintained nursery school which is maintained by a local education authority in Wales.”
(3) After subsection (4) there is inserted—
“(5) For the purposes of this Part proposals for the establishment of a maintained school shall be taken to be implemented on the school opening date.
(6) In this Part “school opening date”, in relation to a new maintained school, means the date when the school first admits pupils.”
99 (1) Section 45 of the School Standards and Framework Act 1998 (budget shares of maintained schools) is amended as follows.
(2) After subsection (1) there is inserted—
“(1A) In this Chapter “maintained school” means—
(a) a community, foundation or voluntary school,
(b) a community or foundation special school, or
(c) a maintained nursery school.”
(3) In subsection (3)—
(a) in paragraph (a), for the words from “schools which” to “section 20(7)” there is substituted “pupil referral units”, and
(b) in paragraph (b)(i), for the words “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “any enactment”.
100 (1) Section 49 of the School Standards and Framework Act 1998 (maintained schools to have delegated budgets) is amended as follows.
(2) In subsection (4) for “local schools budget” there is substituted “LEA budget or schools budget”.
(3) In subsection (6)(b), for “or paragraph 14(2) of Schedule 6” there is substituted “, paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000 or paragraph 8 of Schedule 8 to the Education Act 2002”.
101 In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation), in subsection (5) for the words from “under paragraph 6” onwards there is substituted “under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act).”
102 In section 61 of the School Standards and Framework Act 1998 (responsibility of governing body and head teacher for discipline) after subsection (7) there is inserted—
“(8) In this section “maintained school” includes a maintained nursery school.”
103 In section 62 of the School Standards and Framework Act 1998 (reserve power of local education authority to prevent a breakdown of discipline) after subsection (4) there is inserted—
“(5) In this section “maintained school” includes a maintained nursery school.”
104 (1) Section 69 of the School Standards and Framework Act 1998 (duty to secure provision of religious education) is amended as follows.
(2) In subsection (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “section 80(1)(a) or 101(1)(a) of the Education Act 2002”.
(3) In subsection (2), for “section 352(1)(a)” there is substituted “section 80(1)(a) or 101(1)(a)”.
105 In section 71 of the School Standards and Framework Act 1998 (exceptions and special arrangements etc.) in subsection (2)(a) for “section 352(1)(a) of the Education Act 1996” there is substituted “section 80(1)(a) or 101(1)(a) of the Education Act 2002”.
106 In section 72 of the School Standards and Framework Act 1998 (further provisions relating to new schools), in subsection (3)(a) for “section 44” there is substituted “section 34 of the Education Act 2002”.
107 In section 81 of the School Standards and Framework Act 1998 (application of employment law during financial delegation), in subsection (1) for the words from “sections” to the end there is substituted “sections 35 to 37 of the Education Act 2002 or of regulations under those sections”.
108 In section 82 of the School Standards and Framework Act 1998 (modification of trust deeds), in subsection (1), after “provision of this Act” there is inserted “, the Learning and Skills Act 2000 or the Education Act 2002”.
109 In section 101 of the School Standards and Framework Act 1998 (permitted selection), in subsection (4), for the words from “under” to the end there is substituted “, and fallen to be implemented, under any enactment”.
110 (1) Section 127 of the School Standards and Framework Act 1998 (code of practice for securing effective relationships between local education authorities and maintained schools) is amended as follows.
(2) In subsection (2), after “maintained school” there is inserted “or maintained nursery school”.
(3) In subsection (6)—
(a) after paragraph (c) there is inserted—
“(cc) section 16A(1),”,
(b) paragraphs (e), (f), (h), (i) and (k) are omitted, and
(c) after paragraph (l) there is inserted—
“(m) regulations under section 19 of the Education Act 2002, so far as relating to the appointment of persons as local education authority governors,
(n) regulations under section 30(3) of that Act (governors' reports),
(o) regulations under section 31 of that Act (control of school premises),
(p) sections 35 and 36 of that Act (staffing) and regulations under those sections, and
(q) Schedule 2 to that Act (effect on staffing of suspension of delegated budget),”.
111 In section 138 of the School Standards and Framework Act 1998 (orders and regulations) in subsection (4)(a), after “20(7)” there is inserted “45C(2),”.
112 In section 142 of the School Standards and Framework Act 1998 (general interpretation) in subsection (1) after the definition of “employment” there is inserted—
““exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);
“foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;”.
113 In section 143 of the School Standards and Framework Act 1998 (index)—
(a) in the entry beginning “exclude, exclusion (in relation to the exclusion of a child from a school)” for “section 64(4)” there is substituted “section 142(1)”,
(b) in the entry beginning “foundation governor”, for “paragraph 2 of Schedule 9” there is substituted “section 142(1)”,
(c) in the entry beginning “individual schools budget”, for “section 46(2)” there is substituted “section 45A(3)”,
(d) after the entry beginning “land” there is inserted—
| “LEA budget (in Part 2) | section 45A(1)”, |
(e) in the entry beginning “qualified teacher” for “qualified teacher” there is substituted “school teacher”,
(f) in the entry beginning “school opening date” for “section 44(9)” there is substituted “section 33(6)”, and
(g) after the entry beginning “school which has selective admission arrangements” there is inserted—
| “schools budget (in Part 2) | section 45A(2)”. |
114 In Schedule 3 to the School Standards and Framework Act 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 4(2)(a), for the words from “Part III” to “proposals)” there is substituted “any enactment”.
115 (1) Schedule 6 to the School Standards and Framework Act 1998 (establishment etc of schools) is amended as follows.
(2) In paragraph 3, after sub-paragraph (2) there is inserted—
“(2A) The requirement to make a decision under sub-paragraph (2) in the case of proposals of a prescribed description only applies if, at the time when the decision falls to be made under that sub-paragraph, the committee are satisfied that the proposals do not relate to any relevant proposals.
(2B) In sub-paragraph (2A), “relevant proposals” means proposals of a description prescribed for the purposes of this sub-paragraph.
(2C) In deciding for the purposes of sub-paragraph (2A) whether any proposals are related the relevant committee shall have regard to any guidance given from time to time by the Secretary of State.”
(3) In paragraph 4(3)—
(a) in paragraph (b), after “body of a” there is inserted “community,”, and
(b) after paragraph (e) there is inserted—
“(f) any undetermined proposals published under section 113A of the Learning and Skills Act 2000, if those proposals are relevant proposals for the purposes of paragraph 3(2A);
(g) any undetermined proposals made under section 51 of the Further and Higher Education Act 1992, if those proposals are relevant proposals for those purposes; or
(h) any direction under section 71 of the Education Act 2002”.
(4) In paragraph 4(4)—
(a) in paragraph (a), after “or under Schedule 7” there is inserted “or 7A”, and
(b) after paragraph (b) there is inserted “or
(c) the Secretary of State has not made a decision as to whether or not to make an order under section 16 or 27 of the Further and Higher Education Act 1992,”.
(5) In paragraph 12 (implementation of proposals relating to community or maintained nursery schools)—
(a) in sub-paragraph (1), for the words from “proposed” to the end there is substituted “maintained nursery school or a proposed such school”, and
(b) in sub-paragraph (2) there is inserted at the end “or, in the case of proposals published by the governing body of a community school under section 28(2)(b), by the local education authority who maintain the school”.
116 In Schedule 7 to the School Standards and Framework Act 1998 (rationalisation of school places), in paragraph 8(7)(c) (approval of proposals), after “body of any” there is inserted “community”.
117 (1) Schedule 19 to the School Standards and Framework Act 1998 (required provision for religious education) is amended as follows.
(2) In paragraph 1—
(a) in sub-paragraph (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “section 80(1)(a) or 101(1)(a) of the Education Act 2002”, and
(b) in sub-paragraph (2), for “that Act” there is substituted “the Education Act 1996”.
(3) In sub-paragraph 4(4), for “section 352(1)(a) of the Education Act 1996” there is substituted “section 80(1)(a) or 101(1)(a) of the Education Act 2002”.
118 (1) Schedule 22 to the School Standards and Framework Act 1998 (disposal of land) is amended as follows.
(2) In paragraph 1(1)(a) (disposals of land by governing body of foundation, voluntary or foundation special school), after “Schedule 6” there is inserted “(including that provision as applied by any enactment)”.
(3) In paragraph 2(1)(a) (disposals of land by foundation body)—
(a) after “Schedule 6” there is inserted “(including that provision as applied by any enactment)”, and
(b) after “Schedule 8” there is inserted “or acquired under paragraph 8(5) of Schedule 8 to the Education Act 2002”.
(4) In paragraph 3 (disposal of land by trustees)—
(a) in sub-paragraph (1)(a)—
(i) after “Schedule 6” there is inserted “(including that provision as applied by any enactment)”, and
(ii) after “Schedule 8” there is inserted “or acquired under paragraph 8(5) of Schedule 8 to the Education Act 2002”, and
(b) in sub-paragraph (8)(b)(ii), for “section 28 or 31” there is substituted “any enactment”.
(5) In paragraph 5 (discontinuance of schools)—
(a) for sub-paragraph (1)(a) there is substituted—
“(a) proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted or determined to be implemented under any enactment, or”, and
(b) in sub-paragraph (4)(c) for “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “any enactment”.
(6) In paragraph 7 (disposal of property held by governing body of maintained school on their dissolution), in sub-paragraph (1) for “paragraph 4 of Schedule 10” there is substituted “paragraph 5 of Schedule 1 to the Education Act 2002”.
119 In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.
120 Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect.
121 (1) Section 7 of the Protection of Children Act 1999 (effect of inclusion in lists of individuals unsuitable to work with children) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), sub-paragraphs (ii) and (iii) are omitted,
(b) in paragraph (b), for “any of those lists” there is substituted “that list”, and
(c) after paragraph (b) there is inserted—
“(c) shall ascertain whether he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children; and
(d) if he is subject to a direction under that section given on those grounds, shall not offer him employment in a child care position”.
(3) In subsection (2)—
(a) in paragraph (a), for “any of the lists mentioned in subsection (1) above” there is substituted “the list kept under section 1 above or subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children”,
(b) the word “and” immediately preceding paragraph (c) is omitted,
(c) in paragraph (c), for “any of those lists” there is substituted “the list kept under section 1 above”, and
(d) after paragraph (c) there is inserted “; and
(d) if the individual was subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children, does not offer him employment in a child care position”.
(4) Subsection (4) is omitted.
122 In section 9(2) of the Protection of Children Act 1999 (proceedings of the Tribunal)—
(a) for paragraph (b) there is substituted—
“(b) on an appeal, application for leave or review under section 144 of the Education Act 2002;”, and
(b) at the end there is inserted “or
“(f) on an appeal under section 166 of the Education Act 2002;”.
123 (1) Section 12 of the Protection of Children Act 1999 (interpretation) is amended as follows.
(2) In subsection (1), the definition of “the 1988 Act” is omitted.
(3) In subsection (3), for paragraph (a) there is substituted—
“(a) it involves work to which section 142 of the Education Act 2002 applies;”.
124 (1) Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms by Learning and Skills Council for England) is amended as follows.
(2) In subsection (1)(a) for “local schools budget” there is substituted “schools budget”.
(3) In subsection (3) for “Local schools budget” there is substituted “Schools budget”.
125 (1) Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms by National Council for Education and Training for Wales) is amended as follows.
(2) In subsection (1)(a) for “local schools budget” there is substituted “schools budget”.
(3) In subsection (3) for “Local schools budget” there is substituted “Schools budget”.
126 (1) Schedule 7 to the Learning and Skills Act 2000 (inadequate sixth forms) is amended as follows.
(2) In each of paragraphs 17, 21, 25 and 29 (procedure on proposals for closure of sixth form), in sub-paragraph (2), for “copy and information mentioned in sub-paragraph (1)(a) and (b)” there is substituted “copy mentioned in sub-paragraph (1)(a)”.
(3) In paragraphs 32 and 39 (implementation of proposals relating to schools in England or Wales), in sub-paragraph (1), after “schools” there is inserted “maintained by a local education authority”.
127 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 52 there is substituted—
“52 The governing body of—
(a) a maintained school, as defined by section 20(7) of the School Standards and Framework Act 1998, or
(b) a maintained nursery school, as defined by section 22(9) of that Act.”
Education Act 2002