ARRANGEMENT OF SECTIONS

Go to Preamble

1. Part I

   Measures to raise standards of school education

   1. Chapter I

      Limit on infant class sizes

      1. 1. Duty to set limit on infant class sizes.

      2. 2. Plans by LEAs for reducing infant class sizes.

      3. 3. Payment of grant in connection with reductions in infant class sizes.

      4. 4. Interpretation of Chapter I.

   2. Chapter II

      General responsibilities of local education authorities

      1. Duty to promote high standards of education

         1. 5. Duty of LEAs to promote high standards in primary and secondary education.

      2. Education development plans

         1. 6. Preparation of education development plans.

         2. 7. Approval, modification and review of statement of proposals.

      3. Intervention by Secretary of State

         1. 8. Reserve power of Secretary of State to secure proper performance of LEA’s functions.

      4. Parent governor representatives on education committees

         1. 9. Education committees to include representatives of parent governors.

   3. Chapter III

      Education action zones

      1. 10. Establishment of education action zones.

      2. 11. Establishment of Education Action Forum for zone.

      3. 12. Functions of Education Action Forum.

      4. 13. Disapplication of pay and conditions order in relation to teachers at participating schools.

   4. Chapter IV

      Intervention in schools causing concern

      1. Intervention by LEAs

         1. 14. Powers of intervention exercisable by LEAs.

         2. 15. Cases where LEA may exercise powers of intervention.

         3. 16. Power of LEA to appoint additional governors.

         4. 17. Power of LEA to suspend right to delegated budget.

      2. Intervention by Secretary of State

         1. 18. Power of Secretary of State to appoint additional governors.

         2. 19. Power of Secretary of State to direct closure of school.

2. Part II

   New framework for maintained schools

   1. Chapter I

      Introductory

      1. The new categories of schools

         1. 20. New categories of maintained schools.

         2. 21. Kinds of foundation and voluntary schools and types of foundations.

         3. 22. Maintenance and other funding of schools.

         4. 23. Charitable status of maintained schools, etc.

      2. New arrangements for organisation of schools

         1. 24. School organisation committees.

         2. 25. Adjudicators.

         3. 26. School organisation plans.

         4. 27. Power to require committees or adjudicators for Wales.

   2. Chapter II

      Establishment, alteration or discontinuance of schools

      1. Mainstream schools maintained by LEAs

         1. 28. Proposals for establishment or alteration of community, foundation or voluntary school.

         2. 29. Proposals for discontinuance of community, foundation, voluntary or maintained nursery school.

         3. 30. Notice by governing body to discontinue foundation or voluntary school.

      2. Special schools maintained by LEAs

         1. 31. Proposals for establishment, alteration or discontinuance of community or foundation special school.

         2. 32. Direction requiring discontinuance of community or foundation special school.

      3. Further provisions relating to establishment, alteration or discontinuance of schools

         1. 33. Further provisions relating to establishment, alteration or discontinuance of schools.

      4. Rationalisation of school places

         1. 34. Rationalisation of school places.

      5. Change of category of school

         1. 35. School changing from one category to another.

   3. Chapter III

      Government of maintained schools

      1. Governing bodies

         1. 36. Governing bodies.

      2. Instruments of government

         1. 37. Instruments of government.

      3. Functions of governing body

         1. 38. General responsibility of governing body for conduct of school.

         2. 39. Additional functions of governing body.

      4. Control of school premises

         1. 40. Control of use of school premises by governing body.

      5. Fixing of school holidays and times of sessions

         1. 41. Responsibility for fixing dates of terms and holidays and times of sessions.

      6. Reports and parents' meetings

         1. 42. Governors' reports and other information.

         2. 43. Annual parents' meetings.

      7. Government of new schools

         1. 44. Arrangements for government of new schools.

   4. Chapter IV

      Financing of maintained schools

      1. Budgetary framework

         1. 45. Maintained schools to have budget shares.

         2. 46. Determination of LEA’s local schools budget and individual schools budget.

         3. 47. Determination of school’s budget share.

      2. Local education authority schemes

         1. 48. LEAs' financial schemes.

      3. Financial delegation

         1. 49. Maintained schools to have delegated budgets.

         2. 50. Effect of financial delegation.

      4. Suspension of financial delegation

         1. 51. Suspension of financial delegation for mismanagement etc.

      5. Information

         1. 52. Financial statements.

         2. 53. Certification of statements by Audit Commission.

   5. Chapter V

      Staffing and conduct of schools

      1. Staffing of schools

         1. 54. Staffing of community, voluntary controlled and community special schools.

         2. 55. Staffing of foundation, voluntary aided and foundation special schools.

         3. 56. Staffing for non-school activities.

         4. 57. Payments in respect of dismissal, etc.

      2. Appointment and dismissal of teachers of religious education

         1. 58. Appointment and dismissal of certain teachers at schools with a religious character.

      3. Religious opinions etc. of staff

         1. 59. Staff at community, secular foundation or voluntary, or special school.

         2. 60. Staff at foundation or voluntary school with religious character.

      4. Discipline: general

         1. 61. Responsibility of governing body and head teacher for discipline.

         2. 62. LEA’s reserve power to prevent a breakdown of discipline.

      5. School attendance targets

         1. 63. School attendance targets.

      6. Exclusion of pupils

         1. 64. Power of head teacher to exclude pupils.

         2. 65. Exclusion of pupils: duty to inform parents, etc.

         3. 66. Functions of governing body in relation to excluded pupils.

         4. 67. Appeals against exclusion of pupils.

         5. 68. Exclusion of pupils: guidance.

   6. Chapter VI

      Religious education and worship

      1. Religious education

         1. 69. Duty to secure due provision of religious education.

      2. Religious worship

         1. 70. Requirements relating to collective worship.

      3. Exceptions and special arrangements etc.

         1. 71. Exceptions and special arrangements; provision for special schools.

   7. Chapter VII

      Miscellaneous and supplemental

      1. Further provisions relating to new schools

         1. 72. Further provisions relating to new schools.

      2. Transfers of staff and land

         1. 73. Transfer of staff on appointed day.

         2. 74. Transfer of land on appointed day.

         3. 75. Transfer of land by governing body to trustees.

      3. Disposals of land and on discontinuance

         1. 76. Disposals of land in case of certain schools and disposals on discontinuance.

         2. 77. Control of disposals or changes in use of school playing fields.

      4. Rating

         1. 78. Rating of maintained schools.

      5. Stamp duty

         1. 79. Stamp duty.

      6. Further education

         1. 80. Provision of further education.

      7. Modification of employment law

         1. 81. Application of employment law during financial delegation.

      8. Supplementary provisions

         1. 82. Modification of trust deeds.

         2. 83. Modification of provisions making governors of foundation or voluntary school ex officio trustees.

3. Part III

   School admissions

   1. Chapter I

      Admission arrangements

      1. Code of practice

         1. 84. Code of practice.

         2. 85. Making and approval of code of practice.

      2. Parental preferences

         1. 86. Parental preferences.

         2. 87. No requirement to admit children permanently excluded from two or more schools.

      3. Admission arrangements

         1. 88. Admission authorities and admission arrangements.

         2. 89. Procedure for determining admission arrangements.

         3. 90. Reference of objections to adjudicator or Secretary of State.

         4. 91. Special arrangements to preserve religious character of foundation or voluntary aided school.

         5. 92. Publication of information about admissions.

      4. Admission numbers

         1. 93. Fixing admission numbers.

      5. Admission appeals

         1. 94. Appeal arrangements: general.

         2. 95. Appeals relating to children to whom section 87 applies.

      6. Power to direct admission of child to school

         1. 96. Direction to admit child to specified school.

         2. 97. Procedure for giving direction under section 96.

      7. Nursery and special schools, etc: children with statements

         1. 98. Admission for nursery education or to nursery or special school: children with statements of special educational needs.

   2. Chapter II

      Selection of pupils

      1. Partial selection

         1. 99. General restriction on selection by ability or aptitude.

         2. 100. Permitted selection: pre-existing arrangements.

         3. 101. Permitted selection: pupil banding.

         4. 102. Permitted selection: aptitude for particular subjects.

         5. 103. Permitted selection: introduction, variation or abandonment of provision for such selection.

      2. Grammar schools

         1. 104. Designation of grammar schools.

         2. 105. Procedure for deciding whether grammar schools should retain selective admission arrangements.

         3. 106. Ballot regulations: eligibility of parents to request or vote in ballot.

         4. 107. Restriction on publication of material etc. relating to ballots.

         5. 108. Implementation of decision that school should cease to have selective admission arrangements.

         6. 109. Proposals by governing body of grammar school to end selective admission arrangements.

4. Part IV

   Other provisions about school education

   1. Home-school agreements

      1. 110. Home-school agreements.

      2. 111. Supplementary provisions about home-school agreements.

   2. Extension of educational opportunities for Key Stage 4 pupils

      1. 112. Extended work experience for Key Stage 4 pupils.

      2. 113. Provision of secondary education for Key Stage 4 pupils by FE institutions.

   3. School meals

      1. 114. Nutritional standards for school lunches.

      2. 115. Extension of LEA functions concerning school lunches, etc.

      3. 116. Transfer of LEA functions concerning school lunches, etc. to governing bodies.

5. Part V

   Nursery education

   1. Nursery education

      1. 117. Definition of “nursery education”.

   2. General duty of local education authority

      1. 118. Duty of LEA as respects availability of nursery education.

   3. Early years development partnerships

      1. 119. Early years development partnerships.

   4. Early years development plans

      1. 120. Early years development plans.

      2. 121. Approval, modification and review of statement of proposals.

   5. Inspection of nursery education

      1. 122. Inspection of nursery education.

   6. Further provisions relating to nursery education

      1. 123. Children with special educational needs.

      2. 124. Travel arrangements for children receiving nursery education otherwise than at school.

6. Part VI

   Partnership arrangements in Wales

   1. 125. Partnership arrangements to secure provision of certain further education in Wales.

   2. 126. Provisions relating to education provided under partnership arrangements.

7. Part VII

   Miscellaneous and general

   1. Code of practice for local education authorities and maintained schools

      1. 127. Code of practice for securing effective relationships between LEAs and maintained schools.

   2. Financial assistance to non-maintained schools

      1. 128. Financial assistance to non-maintained schools.

      2. 129. Payment of school expenses; grant of scholarships, etc.

      3. 130. Transfer of assisted places.

   3. Abolition of corporal punishment

      1. 131. Abolition of corporal punishment in schools etc.

   4. The funding authorities

      1. 132. Dissolution of Funding Agency for Schools.

      2. 133. Removal of power to establish Schools Funding Council for Wales.

   5. School and nursery inspections

      1. 134. Publication of inspection reports.

      2. 135. Miscellaneous amendments relating to school and nursery inspections.

   6. Education Assets Board

      1. 136. Change of name of Education Assets Board.

      2. 137. Education Transfer Council: alteration of functions and provision for dissolution.

   7. Supplementary

      1. 138. Orders and regulations.

      2. 139. Financial provisions.

      3. 140. Minor and consequential amendments and repeals.

   8. Construction

      1. 141. Minor authorities.

      2. 142. General interpretation.

      3. 143. Index.

   9. Final provisions

      1. 144. Transitional provisions etc.

      2. 145. Short title, commencement and extent.

8. SCHEDULES:

   1. Schedule 1

      Provisions relating to an Education Action Forum.

   2. Schedule 2

      Allocation of existing schools to new categories.

   3. Schedule 3

      Funding of foundation, voluntary and foundation special schools.

      1. Part I

         Foundation, voluntary controlled and foundation special schools.

      2. Part II

         Voluntary aided schools.

      3. Part III

         Foundation, voluntary and foundation special schools: common provisions.

   4. Schedule 4

      School organisation committees.

   5. Schedule 5

      Adjudicators.

   6. Schedule 6

      Statutory proposals: procedure and implementation.

      1. Part I

         Procedure for dealing with statutory proposals: England.

      2. Part II

         Procedure for dealing with statutory proposals: Wales.

      3. Part III

         Manner of implementation of statutory proposals.

      4. Part IV

         Provision of premises and other assistance.

      5. Part V

         Transitional exemption orders for purposes of Sex Discrimination Act 1975.

   7. Schedule 7

      Rationalisation of school places.

      1. Part I

         Introductory.

      2. Part II

         Directions to bring forward proposals.

      3. Part III

         Proposals by Secretary of State.

      4. Part IV

         Procedure for dealing with proposals under paragraph 5: England.

      5. Part V

         Procedure for dealing with proposals under paragraph 5: Wales.

      6. Part VI

         Transitional exemption orders for purposes of Sex Discrimination Act 1975.

   8. Schedule 8

      Changes of category of school.

   9. Schedule 9

      Constitution of governing bodies.

      1. Part I

         Categories of governor.

      2. Part II

         Constitution of governing bodies.

   10. Schedule 10

       Incorporation and powers of governing bodies.

   11. Schedule 11

       Membership and proceedings etc. of governing bodies.

       1. Part I

          Membership and proceedings.

       2. Part II

          Other provisions about governors.

       3. Part III

          Clerk to the governing body.

   12. Schedule 12

       Instruments of government.

   13. Schedule 13

       Control of school premises by governing bodies.

   14. Schedule 14

       Local education authority schemes: approval, imposition and revision.

   15. Schedule 15

       Suspension of financial delegation.

   16. Schedule 16

       Staffing of community, voluntary controlled and community special schools.

   17. Schedule 17

       Staffing of foundation, voluntary aided and foundation special schools.

   18. Schedule 18

       Appeals against exclusion of pupils.

   19. Schedule 19

       Required provision for religious education.

   20. Schedule 20

       Collective worship.

   21. Schedule 21

       Transfers of land on appointed day.

       1. Part I

          General provisions.

       2. Part II

          Rules relating to transfers.

       3. Part III

          Property excluded from transfers.

   22. Schedule 22

       Disposals of land in case of certain schools and disposals on discontinuance.

       1. Part I

          Foundation, voluntary and foundation special schools: disposals of land.

       2. Part II

          Maintained schools: disposals on discontinuance.

       3. Part III

          General.

   23. Schedule 23

       Determination, variation and review of standard numbers.

       1. Part I

          Determination of standard numbers.

       2. Part II

          Variation of standard numbers: England.

       3. Part III

          Variation of standard numbers: Wales.

       4. Part IV

          Review of standard numbers.

   24. Schedule 24

       Admission appeals.

       1. Part I

          Constitution of appeal panels.

       2. Part II

          Procedure.

   25. Schedule 25

       Children to whom section 87 applies: appeals by governing bodies.

   26. Schedule 26

       Inspection of nursery education.

   27. Schedule 27

       Further provision about partnership arrangements in Wales.

   28. Schedule 28

       Amendments relating to school and nursery inspections.

       1. Part I

          School inspections.

       2. Part II

          Nursery inspections.

   29. Schedule 29

       Amendments relating to functions of Education Transfer Council.

   30. Schedule 30

       Minor and consequential amendments.

   31. Schedule 31

       Repeals.

   32. Schedule 32

       Transitional provisions and savings.

       1. Part I

          Funding.

       2. Part II

          Other provisions.