Office of Public Sector Information
PART VI continued
(1) Where this section applies in relation to any proposals by the Secretary of State to make an order under section 3(4) or 4(2)(a) or (b) of the [1988 c. 40.] Education Reform Act 1988 (orders relating to foundation subjects, key stages and attainment targets), or regulations under section 17 of that Act (exceptions from National Curriculum)—
(a) the Secretary of State shall make such arrangements for consultation about the proposals as he considers appropriate, and
(b) sections 20 and 21 of that Act (procedure for representations in relation to England and Wales) shall not apply.
(2) Where, at any time after the commencement of this section and before 1st September 1996, the Secretary of State proposes to make such an order or such regulations, this section applies in relation to the proposals unless, at any time before the commencement of this section—
(a) they were referred under section 20(2) of that Act, or
(b) notice of them was given under section 21(2) of that Act.
(3) Where the Secretary of State proposes, at any time on or after 1st September 1996, to make such an order or such regulations, this section applies in relation to the proposals if arrangements under this section for consultation about the proposals were made before that date.
In section 21 of the Education Reform Act 1988, for subsections (2) and (3) there are substituted—
“(2) The Secretary of State shall refer the proposal to the Curriculum Council for Wales (in this section referred to as “the Council”) and give to it directions as to the time within which it is to report to him.
(3) The Council shall give notice of the proposal—
(a) to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to it to be concerned; and
(b) to any other persons with whom consultation appears to it to be desirable;
and afford them a reasonable opportunity of submitting evidence and representations as to the issues arising.
(3A) The report of the Council to the Secretary of State shall contain—
(a) a summary of the views expressed during the consultations;
(b) its recommendations as to the proposal; and
(c) such other advice relating to the proposal as it thinks fit;
and the Council shall, after submitting its report to the Secretary of State, arrange for the report to be published.
(3B) Where the Council has reported to the Secretary of State, he shall—
(a) publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education—
(i) a draft of the proposed order or regulations and any associated document; and
(ii) a statement explaining his reasons for any failure to give effect to the recommendations of the Council;
(b) send copies of the documents mentioned in paragraph (a) above to the Council and to each of the persons consulted by the Council; and
(c) allow a period of not less than one month for the submission of evidence and representations with respect to the issues arising.”
(1) There shall be a body corporate known as the School Curriculum and Assessment Authority.
(2) The Authority shall consist of not less than ten nor more than fifteen members appointed by the Secretary of State.
(3) Of the members of the Authority, the Secretary of State—
(a) shall appoint one as chairman, and
(b) may appoint another as deputy chairman.
(4) The Secretary of State shall include among the members of the Authority persons who appear to him—
(a) to have experience of, and to have shown capacity in, the provision of education, or
(b) to have held, and to have shown capacity in, any position carrying responsibility for the provision of education.
(5) Where in carrying out his functions under subsection (4) above the Secretary of State proposes to appoint a person who appears to him to have experience of, and to have shown capacity in, the provision of education, he shall have regard to the desirability of including persons engaged in the provision of primary or secondary education.
(6) Schedule 14 to this Act shall have effect with respect to the Authority.
(1) The School Curriculum and Assessment Authority shall, so far as relevant for the purposes of advancing education—
(a) keep under review all aspects of the curriculum for maintained schools in England and all aspects of school examinations and assessment,
(b) advise the Secretary of State on such matters concerned with the curriculum for maintained schools in England or with school examinations and assessment as he may refer to them or as they may see fit,
(c) advise the Secretary of State on, and, if so requested by him, assist him to carry out, programmes of research and development for purposes connected with the curriculum for maintained schools in England or with school examinations and assessment,
(d) publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for maintained schools in England or to school examinations and assessment,
(e) make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements,
(f) advise the Secretary of State on the exercise of his powers under section 5(1) of the [1988 c. 40.] Education Reform Act 1988 (approval of external qualifications),
(g) advise the Secretary of State on such other matters connected with the provision of education in maintained schools in England, or in non-maintained special schools there, as the Secretary of State may specify by order, and
(h) carry out such ancillary activities as the Secretary of State may direct.
(2) The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as he may require.
(3) In carrying out their functions, the Authority shall—
(a) comply with any directions given by the Secretary of State,
(b) act in accordance with any plans approved by him, and
(c) so far as relevant, have regard to the requirements of section 1 of the Education Reform Act 1988 (requirements which curriculum for maintained school must satisfy).
(4) For the purposes of paragraph (h) of subsection (1) above, activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under that subsection.
(5) In this section—
“assessment arrangements” and “maintained school” have the same meanings as in Chapter I of Part I of the Education Reform Act 1988, and
“non-maintained special school” means a special school not maintained by a local education authority.
The National Curriculum Council and the School Examinations and Assessment Council are hereby dissolved.
(1) The Secretary of State may by order provide for the transfer to the School Curriculum and Assessment Authority of—
(a) such of the land or other property of the National Curriculum Council or the School Examinations and Assessment Council, and
(b) such of the rights and liabilities of either of those councils (other than rights and liabilities arising under contracts of employment),
as, in his opinion, need to be transferred to enable the Authority to carry out their functions properly.
(2) No order under subsection (1) above may be made after the end of the period of six months beginning with the day on which section 244 of this Act comes into force.
(3) Any order under subsection (1) above made before the day on which section 244 of this Act comes into force shall come into force on that day.
(4) Where immediately after the end of the period within which an order under subsection (1) above may be made any property, rights or liabilities remain vested in the National Curriculum Council or the School Examinations and Assessment Council, they shall forthwith vest in the Secretary of State.
(5) The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (2) above such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.
(1) This section applies to any person who—
(a) is employed by the National Curriculum Council or School Examinations and Assessment Council immediately before section 244 of this Act comes into force, and
(b) is designated as respects the School Curriculum and Assessment Authority by order of the Secretary of State.
(2) A contract of employment between a person to whom this section applies and the National Curriculum Council or School Examinations and Assessment Council shall have effect, from the day on which the order under subsection (1)(b) above comes into force, as if originally made between him and the Authority.
(3) Without prejudice to subsection (2) above—
(a) all the rights, powers, duties and liabilities of the National Curriculum Council or School Examinations and Assessment Council under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the Authority on the day on which the order under subsection (1)(b) above comes into force, and
(b) anything done before that day by or in relation to the National Curriculum Council or School Examinations and Assessment Council in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Authority.
(4) Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by subsection (2) above.
(5) An order under subsection (1)(b) above may designate a person either individually or as falling within a class or description of employee.
(6) No order under subsection (1)(b) above may be made after the end of the period of six months beginning with the day on which section 244 of this Act comes into force.
(7) Any order under subsection (1)(b) above made before the day on which section 244 of this Act comes into force shall come into force on that day.
(8) The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (6) above such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.
In Schedule 2 to the [1988 c. 40.] Education Reform Act 1988, for paragraph 11 there is substituted—
11 (1) The Secretary of State may make grants to the Council of such amount as he thinks fit in respect of expenses incurred or to be incurred by it in carrying out its functions.
(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.
(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.”
In that Schedule, there is inserted before paragraph 14—
“13A (1) The chairman of the School Curriculum and Assessment Authority, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Council or any committee of the Council.
(2) The Council shall provide the chairman of the School Curriculum and Assessment Authority with such copies of any documents distributed to members of the Council or of any such committee as he may require.”
(1) In that Schedule, paragraph 18 (accounts) shall be amended as follows.
(2) In sub-paragraph (1)(b), “in such form as the Secretary of State may direct with the approval of the Treasury” is omitted.
(3) After sub-paragraph (1) there is inserted—
“(1A) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—
(a) the information to be contained in it;
(b) the manner in which the information contained in it is to be presented; or
(c) the methods and principles according to which the statement is to be prepared.”
(1) The Secretary of State may by order transfer any function of the School Curriculum and Assessment Authority in relation to Wales to the body established by section 14(1)(b) of the [1988 c. 40.] Education Reform Act 1988 (Curriculum Council for Wales).
(2) An order under this section may contain such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks fit, including provisions—
(a) for the transfer of staff; and
(b) for the transfer of property, rights and liabilities held, enjoyed or incurred in connection with any function transferred.
(1) In section 14(1)(b) of the Education Reform Act 1988, for “the Curriculum Council for Wales” there is substituted “Awdurdod Cwricwlwm ac Asesu Cymru or the Curriculum and Assessment Authority for Wales”.
(2) Schedule 15 to this Act (amendments consequential on the change of name) shall have effect.
(1) Within six months of the commencement of this section the local education authority shall reconvene any conference—
(a) which they have convened for the purpose set out in paragraph 1 or 12 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944 (procedure for preparing and bringing into operation an agreed syllabus of religious education) or section 11(8) of the Education Reform Act 1988 (standing advisory councils on religious education), and
(b) to which subsection (2) below applies.
(2) This subsection applies to any conference—
(a) which has not made a recommendation under paragraph 9 or 13(2) of that Schedule, and
(b) in respect of which the authority have not made a report under paragraph 10 or 13(4) of that Schedule.
(3) Where a conference is convened (or reconvened) after the commencement of this section, paragraph 2 of that Schedule shall have effect as if at the end of the proviso there were inserted “and the number of persons appointed to any committee under that sub-paragraph to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area”.
(1) Within six months of the commencement of this section the local education authority shall constitute a new council under section 11 of the Education Reform Act 1988 (standing advisory councils on religious education).
(2) For the purposes of the constitution required by subsection (1) above (and of any subsequent constitution) that section shall have effect as if at the end of subsection (5) there were inserted “and the number of members appointed to any representative group under paragraph (a) of that subsection to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area”.
(1) For paragraph 12 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944 (reconsideration of agreed syllabus) there is substituted—
“12 (1) A local education authority shall cause a conference to be convened at any time required by sub-paragraph (2) or (3) of this paragraph for the purpose of reconsidering any agreed syllabus for the time being adopted by them which was adopted before the appointed day.
(2) Where they adopted the syllabus before 29th September 1988, they shall convene a conference within the period of one year beginning with the appointed day.
(3) Where they adopted the syllabus on or after 29th September 1988, they shall convene a conference—
(a) within the period of five years beginning with the date on which they adopted it, or
(b) within the period of one year beginning with the appointed day,
whichever is the later.
(4) A local education authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after the appointed day); and no such conference shall be convened later than the expiry of the period of five years beginning with the date on or after the appointed day on which—
(a) the authority adopted the syllabus, or
(b) the authority gave effect to a recommendation under paragraph 13 of this Schedule that the syllabus should continue to be the agreed syllabus.
(5) In this paragraph—
(a) “appointed day” means the day appointed for the commencement of section 256 of the Education Act 1993, and
(b) references to the date on which a local education authority adopt a syllabus include a reference to the date which the Secretary of State directs is to be the date from which a syllabus prepared under paragraph 11 of this Schedule is to be deemed to be the agreed syllabus.”
(2) In paragraph 13 of that Schedule (procedure on reconsideration of agreed syllabus)—
(a) in sub-paragraph (2), after “agreed syllabus” there is inserted “and it appears to the local education authority that the syllabus reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain”, and
(b) in sub-paragraph (4)—
(i) “either” is omitted, and
(ii) after “unanimous agreement” there is inserted—
“(aa) the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local education authority consider that sub-paragraph (2) of this paragraph prevents them from giving effect to the recommendation”.
After section 12 of the [1988 c. 40.] Education Reform Act 1988 (determination by advisory councils) there is inserted—
(1) Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education—
(a) have acted, or are proposing to act, unreasonably in determining for the purposes of subsection (1) or (5) of section 12 of this Act whether it is appropriate for the requirement for Christian collective worship to apply in the case of any school or any class or description of pupils at a school, or
(b) have failed to discharge any duty imposed under that section,
he may give the council such directions as to the revocation of the determination or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.
(2) Directions under subsection (1) above may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.
(3) In this section, “requirement for Christian collective worship” means the requirement imposed by section 7(1) of this Act or, as the case may be, section 138(2) of the Education Act 1993.”
(1) This section applies to—
(a) any conference convened for the purpose set out in paragraph 1 or 12 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944 (procedure for preparing and bringing into operation an agreed syllabus of religious education) or section 11(8) of the [1988 c. 40.] Education Reform Act 1988 (standing advisory councils on religious education), and
(b) any standing advisory council constituted under that section of that Act.
(2) Regulations may make provision—
(a) for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,
(b) requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and
(c) requiring conferences or councils, at such time or times as may be prescribed,
(i) to make available for inspection, or
(ii) to provide on payment of such fee as they think fit (not exceeding the cost of supply),
copies of the agendas and reports for such meetings to members of the public.
(3) Regulations made under subsection (2) above may apply to—
(a) committees appointed by local education authorities under paragraph 2 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944,
(b) sub-committees appointed by conferences under that Schedule, and
(c) representative groups on councils appointed under section 12(4) of the Education Reform Act 1988,
as they apply to conferences and councils.
(1) Section 13 of the [1992 c. 38.] Education (Schools) Act 1992 (religious education) is amended as follows.
(2) For subsections (1) to (3) there is substituted—
“(1) It shall be the duty of the governing body of—
(a) any voluntary school, or
(b) any grant-maintained school,
in which denominational education is given to any pupils to secure that that education is inspected under this section.
(2) It shall be the duty of the governing body of—
(a) any voluntary school, or
(b) any grant-maintained school falling within subsection (3) below,
to secure that the content of the school’s collective worship is inspected under this section.
(3) A grant-maintained school falls within this subsection if—
(a) it was a voluntary school immediately before it became grant-maintained,
(b) it was established in pursuance of proposals published under section 49 of the Education Act 1993 and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to that Act makes provision as to the religious education for pupils at the school, or
(c) it is a school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of that Act.
(3A) In this section—
(a) “denominational education”, in relation to a school, means any religious education which—
(i) is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum, but
(ii) is not required by any enactment to be given in accordance with an agreed syllabus,
(b) “the required provision for religious education” means the provision for religious education for pupils at the school which is required as mentioned in paragraph (a)(i) above, and
(c) references to collective worship are references to collective worship required by section 6 of that Act.”
(3) For subsection (7) there is substituted—
“(7) It shall be the general duty of a person conducting an inspection under this section—
(a) if the inspection is conducted by virtue of subsection (1) above, to report on the quality of the denominational education provided by the school for pupils to whom denominational education is given by the school, or
(b) if the inspection is conducted by virtue of subsection (2) above, to report on the content of the school’s collective worship,
and any such person may report on the spiritual, moral, social and cultural development of pupils at the school.”
(1) In this section “co-ordinated arrangements for admissions”, in relation to any two or more maintained or grant-maintained schools, means arrangements under an agreement to which this section applies for the purpose of co-ordinating arrangements for admitting pupils to the schools concerned.
(2) Co-ordinated arrangements for admissions, if—
(a) contained in an agreement approved by the Secretary of State under this section, or
(b) made in pursuance of a scheme under this section,
and any provision contained in any other arrangements for admitting pupils to any maintained or grant-maintained school in pursuance of a scheme under this section, shall have effect in the case of any school to which they relate notwithstanding anything in section 6(2) of the [1980 c. 20.] Education Act 1980 (parental preferences) or in the instrument or articles of government for the school.
(3) This section applies to an agreement made in relation to any two or more maintained or grant-maintained schools to which each authority responsible for determining the arrangements for admitting pupils to any of the schools is a party, whether or not any local education authority for any area in which any of the schools are situated is also a party.
(4) The Secretary of State may make a scheme under this section for the purpose of co-ordinating arrangements, or assisting in the co-ordination of arrangements, for admitting pupils to any maintained or grant-maintained schools to which the scheme applies.
(5) A scheme under this section may in particular require each authority responsible for determining the arrangements for admitting pupils to any of the schools to which the scheme applies—
(a) to include in their arrangements for admitting pupils such provisions as may be required by the scheme,
(b) to secure the making in accordance with the scheme of an agreement for the purpose of co-ordinating arrangements for admitting pupils to the schools to which the scheme applies, or
(c) to secure the modification in accordance with the scheme of any such agreement to which they are party.
(6) Before making a scheme under this section the Secretary of State shall, in respect of each school which appears to him to be a school to which the scheme will apply, consult—
(a) the governing body, and
(b) in the case of any maintained school, the local education authority.
(7) A scheme under this section may apply to—
(a) all schools which for the time being are maintained or grant-maintained schools,
(b) all schools which for the time being are maintained or grant-maintained schools falling within any category of such schools specified in the scheme, or
(c) any maintained or grant-maintained school so specified.
(8) Section 111 of the [1944 c. 31.] Education Act 1944 (revocation and variation) applies to a scheme under this section as it applies to directions under that Act.
(1) The head teacher of any school maintained by a local education authority or grant-maintained school may not—
(a) exclude a pupil from the school for an indefinite period, or
(b) so exercise the power to exclude a pupil from the school for one or more fixed periods that the pupil is so excluded for more than fifteen school days in any one term.
(2) Subsection (1) above has effect, in the case of a school having articles of government, notwithstanding anything in the articles.
(3) Where, on the day on which this section comes into force, a pupil stands excluded from such a school for an indefinite period—
(a) he shall be treated as if he had been excluded from the school by the head teacher until the expiry of the period of one month beginning with that day and as if, in the case of a county, controlled or maintained special school, the local education authority had been so informed, and
(b) any direction given before that day—
(i) under section 24(c)(ii) or 25(d)(ii) of the [1986 c. 61.] Education (No. 2) Act 1986 (pupil to be reinstated within period specified in direction), or
(ii) by a committee of the governing body of a grant-maintained school to the head teacher under a corresponding provision of the articles of government,
which specifies a period ending later than the expiry of the period of one month beginning with that day shall have effect as if it specified a period ending with that expiry.
(4) Subsection (1)(b) above does not apply to any exclusion of a pupil which has taken effect before the day on which this section comes into force; but in exercising on or after that day the power referred to in that subsection, account shall be taken of any school days on which the pupil was excluded from the school in the same term in pursuance of one or more exclusions which took effect before that day.
(5) In this section, “grant-maintained school” includes a grant-maintained special school.
Education Act 1993