Office of Public Sector Information
PART VII continued
(5) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class.
(6) For the purposes of this Act references to disposing of land include references to—
(a) granting or disposing of any interest in land;
(b) entering into a contract to dispose of land or to grant or dispose of any such interest; and
(c) granting an option to purchase any land or any such interest.
(7) For the purposes of this Act—
(a) a person employed by a local education authority is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school; and
(b) a person employed by a local education authority is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.
(8) This Act shall be construed as one with the [1996 c. 56.] Education Act 1996; and (without prejudice to their generality) paragraphs 1 and 2 of Schedule 39 to that Act (construction of references etc.) apply to references in this Act to provisions of that Act.
(9) Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.
(10) Subsection (1) of section 576 of that Act (meaning of “parent”) shall, in its application for the purposes of—
(a) section 43 or 62(2) of this Act, or
(b) paragraph 4 of Schedule 2 or paragraph 4 or 14 of Schedule 9 to this Act,
be taken as referring only to persons within paragraph (a) or (b) of that subsection who are individuals.
The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.
| Expression | Relevant provision |
|---|---|
| ability (in Chapter II of Part III) | section 99(5) |
| adjudicator | section 25(3) |
| admission arrangements (in Part III in relation to a maintained school) | sections 88(2) and 99(5) |
| admission authority (in Chapter I of Part III in relation to a maintained school) | section 88(1) |
| admitted to a school for nursery education | section 142(5) |
| alteration (in Part II in the context of a prescribed alteration to a maintained school) | section 28(11) |
| appeal panel (in Chapter I of Part III) | section 84(6) |
| appointed day (except in Part I of Schedule 32) | section 20(7) |
| appropriate diocesan authority (in relation to a Church in Wales, Church of England or Roman Catholic Church school) | section 142(1) and (4) |
| appropriate further education funding council | section 142(1) |
| area (in Part II) | section 28(11) |
| budget share (in Part II) | section 47(1) |
| Chief Inspector (in Chapter IV of Part I) | section 14(4) |
| child (in Chapter I of Part III but not in sections 96 and 97) | section 84(6) |
| Church in Wales school | section 142(1) |
| Church of England school | section 142(1) |
| class (in Chapter I of Part I) | section 4 |
| community or foundation special school | section 142(1) |
| “contract of employment” and other expressions relating to employment | section 142(1) and (7) |
| discontinuing, and implementing proposals to discontinue, a school (in Part II in relation to a local education authority) | section 29(10) |
| disposing of land | section 142(6) |
| education action zone (in Chapter III of Part I) | section 10(1) |
| exclude, exclusion (in relation to the exclusion of a child from a school) | section 64(4) |
| foundation (in relation to a foundation or voluntary school) (and having a foundation) | section 21(3) |
| foundation body | section 21(4) |
| foundation governor | paragraph 2 of Schedule 9 |
| governing body | |
| (in Chapter III of Part I) | section 10(6) |
| (of a maintained school or of a school maintained by a local education authority) (in Chapter IV of Part II) | section 45(3) |
| grammar school (in Chapter II of Part III) | section 104(7) |
| group (in relation to a foundation body) | section 21(4) |
| individual schools budget (in Part II) | section 46(2) |
| infant class (in Chapter I of Part I) | section 4 |
| land or other property held on trust, or by trustees, for the purposes of a school | section 21(3)(c) |
| local education authority (in relation to a school maintained, or proposed to be maintained, by such an authority) | section 22(8) |
| local schools budget (in Part II) | section 46(1) |
| maintain (in relation to a maintained school or a maintained nursery school) | section 22(8) |
| maintained school | |
| (generally) | section 20(7) |
| (in Chapter IV of Part II in a context referring to a local education authority) | section 45(3) |
| (in Chapter I of Part III) | section 84(6) |
| (in Chapter II of Part III) | section 99(5) |
| maintained nursery school | section 22(9) |
| member of the Inspectorate (in Chapter IV of Part I) | section 14(4) |
| minor authority | section 141 |
| new school (in Chapter IV of Part II) | section 45(4) |
| nursery education (in Part V) | section 117 |
| ordinary teaching session (in Chapter I of Part I) | section 4 |
| participating school (in Chapter III of Part I in relation to an education action zone) | section 10(6) |
| prescribed | section 142(1) |
| promoters (in Part II) | section 28(2) |
| qualified teacher (in Chapter I of Part I in relation to an infant class) | section 4 |
| reception class | section 142(1) |
| regulations | section 142(1) |
| relevant age group | section 142(1) |
| relevant standard number (in Chapter I of Part III) | section 84(6) |
| right to a delegated budget (in Part II) | section 49(7) |
| Roman Catholic Church school | section 142(1) |
| scheme (in Part II in relation to a maintained school) | section 48(5) |
| school having a delegated budget (in Part II) | section 49(7) |
| school maintained by a local education authority | |
| (generally) | section 142(1) |
| (in Chapter IV of Part II) | section 45(3) |
| school opening date | section 44(9) |
| school organisation committee | section 24(4) |
| school requiring special measures (in Chapter IV of Part I) | section 14(4) |
| school which has a religious character (in Part II in relation to a foundation or voluntary school) | section 69(3) |
| school which has selective admission arrangements (in Chapter II of Part III) | section 104(2) |
| specified religion or religious denomination | section 142(3) |
| statutory provision | section 142(1) |
(1) Regulations may at any time make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.
(2) Regulations under subsection (1) may, in particular, make provision—
(a) for enabling any authority or body by whom any functions will become exercisable on the appointed day by virtue of any provision made by or under this Act to take before that day any steps (such as the establishment of committees or the undertaking of consultation) which are necessary or expedient in preparation for the exercise of those functions;
(b) for requiring any body—
(i) by whom any functions will cease to be exercisable at any time, or
(ii) who are required to be reconstituted as from any time,
by virtue of any provision made by or under this Act to take before that time any steps (such as the provision of information, the furnishing of other assistance or the taking of any decision) which are necessary or expedient in preparation for the exercise of functions conferred on any authority or other body, by virtue of any such provision, as from that time or (as the case may be) in preparation for their reconstitution;
(c) for the making before the appointed day of arrangements for securing the satisfactory operation from that day of any such provision and for defraying the cost of any such arrangements;
(d) for prohibiting or restricting the taking of steps before the appointed day which, by virtue of any such provision, will cease to be capable of being taken as from that day;
(e) for enabling the determination under the regulations of matters pending immediately before the appointed day;
(f) for any provision of this Act which comes into force before—
(i) another such provision has come into force, or
(ii) anything falling to be done under another such provision (such as the approval of a school organisation plan) has been done,
to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;
(g) for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the appointed day, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.
(3) Without prejudice to the generality of subsection (1) or any provision of subsection (2), regulations under subsection (1) may provide—
(a) for any relevant provision to apply (with or without modification) to, or to any description of—
(i) schools maintained by a local education authority within the meaning of the [1996 c. 56.] Education Act 1996, or
(ii) grant-maintained or grant-maintained special schools within the meaning of that Act;
(b) for any provision so applied, or any provision of the regulations, to have effect in relation to schools despite anything in their articles or instruments of government;
(c) for any reference in this Act to the appointed day to have effect instead as a reference to such day as is specified in the regulations;
and accordingly references to the appointed day in subsection (2) include, in relation to any purposes for which any provision made by virtue of paragraph (c) above has effect, references to any such other day as is mentioned in that paragraph.
(4) In paragraph (a) of subsection (3) “relevant provision” means—
(a) (in relation to sub-paragraph (i) or (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local education authority within the meaning of this Act, or
(b) (in relation only to sub-paragraph (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local education authority within the meaning of the [1996 c. 56.] Education Act 1996;
and in that paragraph and this subsection “school” includes a proposed school.
(5) The amendments that may be made under subsection (2)(g) shall be in addition (and without prejudice) to those made by any other provision of this Act.
(6) Nothing in this Act shall be read as prejudicing the generality of subsection (1).
(7) The transitional provisions and savings in Schedule 32 shall have effect.
(1) This Act may be cited as the School Standards and Framework Act 1998.
(2) This Act shall be included in the list of Education Acts set out in section 578 of the [1996 c. 56.] Education Act 1996.
(3) Subject to subsections (4) and (5), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.
(4) The following provisions come into force on the day on which this Act is passed—
sections 1 to 4;
sections 20 and 21;
section 36(3);
section 82;
sections 84 and 85;
section 130;
sections 138, 139, 141 to 144 and this section;
Schedule 2;
Parts I and III of Schedule 11;
paragraph 224 of Schedule 30 (and section 140(1) so far as relating thereto); and
Schedule 32.
(5) The following provisions come into force on the day on which this Act is passed, but for the purposes only of the preparation of instruments of government and the constitution of governing bodies and the exercise (in relation to those or any other matters) of any power to make regulations—
sections 36(1) and (2) and 37(1) and (2); and
Schedules 9, 10 and 12.
(6) Subject to subsections (7) and (8), this Act extends to England and Wales only.
(7) Section 130(2) extends to Scotland only; and this section extends also to Scotland.
(8) The amendment or (subject to subsection (9)) repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland, and section 140 extends accordingly.
(9) The entry in Schedule 31 relating to the [1980 c. 44.] Education (Scotland) Act 1980 extends to Scotland only.
School Standards and Framework Act 1998