SCHEDULE 30 continued
130 In section 497 (general default powers of the Secretary of State), in subsection (2)—
(a) at the end of paragraph (a) insert “and”; and
(b) for paragraphs (b) and (c) substitute—
“(b) the governing body of any community, foundation or voluntary school or any community or foundation special school.”
131 In section 498 (powers of Secretary of State where no properly constituted governing body), for subsection (2) substitute—
“(2) This section applies to any community, foundation or voluntary school or any community or foundation special school.”
132 Omit sections 500 to 505 (rationalisation of school places).
133 In section 509 (provision of transport etc.)—
(a) omit subsection (5)(a); and
(b) for subsection (6) substitute—
“(6) Regulations may require a local education authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the making of—
(a) provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) who are over compulsory school age and have not attained the age of 19; or
(b) provision under section 509A (travel arrangements for children receiving nursery education otherwise than at school).”
134 In section 510 (provision of clothing)—
(a) in subsection (1)(a) and (c), omit “or at a grant-maintained school” wherever occurring;
(b) in subsection (3)(a), omit “or a grant-maintained school”;
(c) in subsection (4)(a), omit “, at a grant-maintained school”; and
(d) in subsection (5)(a), omit “grant-maintained school or”.
135 In section 514 (provision of board and lodging otherwise than at school), in subsection (1)(a), for the words from “particular” onwards substitute “particular community, foundation or voluntary or community or foundation special school, but”.
136 In section 515(2) (provision of teaching services for day nurseries), for “voluntary school” substitute “foundation or voluntary school”.
137 Omit section 516 (supply by LEA of goods and services to grant-maintained schools).
138 Omit section 517 (payment of fees at schools not maintained by a local education authority).
139 (1) Section 519 (allowances for governors, etc.) shall be amended as follows.
(2) In subsection (1), for the words from “travelling” to “section 115);” substitute “such allowances as may be prescribed to governors of—
(a) any community, foundation or voluntary school or community or foundation special school which does not have a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998);”.
(3) In subsection (3), for “travelling and subsistence allowances” substitute “such allowances as may be prescribed”.
(4) After subsection (6) add—
“(7) Regulations may impose a limit on the amount which may be paid by way of any allowance under this section.”
140 Omit section 520(3) (medical inspection and treatment of pupils: grant-maintained schools excluded).
141 In section 521 (examination of pupils for cleanliness), in subsection (4), omit paragraph (b) and the “and” preceding it.
142 In section 524 (removal of pupil at direction of medical officer)—
(a) in subsection (1), for “excluded” substitute “suspended”;
(b) omit subsection (3)(b) and the “or” preceding it; and
(c) for the sidenote substitute “Suspension of a pupil pending examination or cleansing.”
143 In section 525 (offence of neglecting the cleanliness of a pupil), in subsection (3), omit “or a grant-maintained school”.
144 In section 527A (local education authority plans for children with behavioural difficulties), as inserted by section 9 of the [1997 c. 44.] Education Act 1997, for subsection (7) substitute—
“(7) In this section “relevant school”, in relation to a local education authority, means a school maintained by the authority (whether situated in their area or not).”
145 In section 529 (power to accept gifts on trust for educational purposes)—
(a) in subsection (2) for the words from “section 35(1)” onwards substitute “section 28 of the School Standards and Framework Act 1998 as an intention to establish a new community school (so that proposals for that purpose shall be published as required by that section); and Schedule 6 to that Act (statutory proposals: procedure and implementation) shall apply accordingly.”; and
(b) in subsection (3) for “a county school” substitute “a community school”.
146 In section 530 (compulsory purchase of land)—
(a) in subsection (2) for “voluntary school” substitute “foundation, voluntary or foundation special school”; and
(b) in subsection (3) for the words from “under” onwards substitute “under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals).”
147 In section 531(2) (acquisition of land by agreement) for “voluntary school” substitute “foundation, voluntary or foundation special school”.
148 In section 533 (duties of governing bodies of maintained schools with respect to provision of school meals etc.)—
(a) in subsection (2), for “a voluntary” substitute “any such”; and
(b) in subsection (3), after “Part II” insert “of the School Standards and Framework Act 1998”.
149 Omit section 534 (duties of governing bodies of grant-maintained schools with respect to school meals).
150 In section 535(1) (provision of teaching services for day nurseries), for “a county or voluntary primary school” substitute “a community, foundation or voluntary primary school”.
151 Omit section 536 (medical inspection and treatment of pupils at grant-maintained schools).
152 In section 537 (power of Secretary of State to require information from governing bodies etc.)—
(a) for subsection (1) substitute—
“(1) The Secretary of State may by regulations make provision requiring—
(a) the governing body of every school which is—
(i) maintained by a local education authority, or
(ii) a special school which is not maintained by such an authority, and
(b) the proprietor of every independent school,
to provide such information about the school as may be prescribed.”; and
(b) in subsection (7)(a), omit “or which is a grant-maintained school”.
153 For section 537A substitute—
(1) Regulations may make provision requiring—
(a) the governing body of every school which is—
(i) maintained by a local education authority, or
(ii) a special school which is not maintained by such an authority, and
(b) the proprietor of every independent school,
to provide to the relevant person such individual pupil information as may be prescribed.
(2) In subsection (1) “the relevant person” means one or more of the following—
(a) the Secretary of State, and
(b) any prescribed person.
(3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—
(a) to him, or
(b) to any prescribed person.
(4) The Secretary of State may provide any individual pupil information—
(a) to any information collator,
(b) to any prescribed person, or
(c) to any person falling within a prescribed category.
(5) Any information collator—
(a) may provide any individual pupil information—
(i) to the Secretary of State,
(ii) to any other information collator, or
(iii) to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and
(b) may, at such times as the Secretary of State may determine, provide such individual pupil information as may be prescribed—
(i) to any prescribed person, or
(ii) to any person falling within a prescribed category.
(6) Any person holding any individual pupil information (other than the Secretary of State or an information collator) may provide that information to—
(a) the Secretary of State,
(b) any information collator, or
(c) any prescribed person.
(7) No information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.
(8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.
(9) In this section—
“individual pupil information” means information relating to and identifying individual pupils or former pupils at any school within subsection (1), whether obtained under subsection (1) or otherwise;
“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to pupils.”
154 In section 538 (provision of information to Secretary of State by governing bodies of maintained schools), for “a county, voluntary or maintained special school” substitute “a community, foundation or voluntary school or a community or foundation special school”.
155 Omit section 539 (provision of information by governing body of grant-maintained schools).
156 In section 540 (distribution of information about schools providing a secondary education), for subsection (2) substitute—
“(2) In this section “school” means—
(a) any community, foundation or voluntary school, or
(b) any community or foundation special school (which is not established in a hospital).”
157 In section 541 (distribution of information about further education institutions), for subsection (4) substitute—
“(4) In this section “school” means—
(a) any community, foundation or voluntary school, or
(b) any community or foundation special school (which is not established in a hospital).”
158 In section 542 (prescribed standards for school premises)—
(a) in subsection (1), omit “and of grant-maintained schools”;
(b) omit subsection (3); and
(c) in subsection (4), for “subsections (2) and (3) have” substitute “subsection (2) has”.
159 In section 543 (relaxation of prescribed standards in special cases)—
(a) in subsection (1), for “or (4)” substitute “, (4) or (4A)”; and
(b) after subsection (4) insert—
“(4A) This subsection applies, in relation to any playing fields used by the school for the purposes of the school, if the Secretary of State is satisfied that, having regard to other facilities for physical education available to the school, it would be unreasonable to require conformity with any prescribed requirement relating to playing fields.
In this subsection “playing fields” has the same meaning as in section 77 of the School Standards and Framework Act 1998 (control of disposals or changing use of school playing fields).”
160 In section 544 (approval etc. of school premises and boarding houses)—
(a) in subsection (1), omit the words from “(or,” to “authority)”; and
(b) in subsection (3)—
(i) at the end of paragraph (a) insert “and”, and
(ii) omit paragraph (b).
161 In section 545(2) (exemption from building byelaws of approved buildings), omit paragraph (b) and the “or” preceding it.
162 In section 546(2) (control of potentially harmful materials and apparatus in schools)—
(a) at the end of paragraph (a) insert “and”; and
(b) omit paragraph (b).
163 In section 547 (nuisance or disturbance on school premises)—
(a) in subsection (2), omit paragraph (b) and the “or” preceding it;
(b) in each of subsections (4) and (7), for “an aided, special agreement or grant-maintained school” substitute “a foundation, voluntary aided or foundation special school”; and
(c) in each of subsections (5) and (8), for “a voluntary or grant-maintained school” substitute “a foundation, voluntary or foundation special school”.
164 Omit sections 549 and 550 (provisions about corporal punishment).
165 In section 550B(2) (detention), as inserted by section 5 of the [1997 c. 44.] Education Act 1997, omit “(b) a grant-maintained or grant-maintained special school;”.
166 In section 551(2) (regulations as to duration of school day etc.)—
(a) at the end of paragraph (a) insert “and”; and
(b) omit paragraph (b).
167 Omit section 552 (transitional exemption orders for purposes of Sex Discrimination Act 1975).
168 (1) Section 554 (power to make new provision as to use of endowments) shall be amended as follows.
(2) For subsection (1) substitute—
“(1) This section applies where—
(a) in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or
(b) in relation to any time on or after the appointed day—
(i) the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or
(ii) in the opinion of the Secretary of State it is likely such premises will cease to be so used;
and in this subsection “the appointed day” has the meaning given by section 20(7) of the School Standards and Framework Act 1998.”
(3) In subsection (3)—
(a) for paragraph (a) substitute—
“(a) that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the [1944 c. 31.] School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and”; and
(b) in paragraph (b), for “(or any corresponding earlier enactment)”, substitute “of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998”.
(4) For subsection (4)(b) substitute—
“(b) where religious education in accordance with such tenets is shown to have been given to any pupils at—
(i) a controlled school (within the meaning of this Act),
(ii) a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or
(iii) a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998),
the religious education shall be taken to have been given to them at the request of their parents, unless the contrary is shown.”
169 In section 556(2) (content of orders under section 554)—
(a) in paragraph (a), for “voluntary schools or grant-maintained schools” substitute “foundation schools or voluntary schools”; and
(b) in paragraph (b), for “voluntary” onwards substitute “school at the premises referred to in section 554(1).”
170 In section 557(9) (adoption of statutory trusts), in the definition of “relevant school” for “a voluntary school or a grant-maintained school” substitute “a foundation or voluntary school”.
171 In section 559 (power of local education authorities to prohibit or restrict employment of children)—
(a) in subsection (1), for “county” substitute “community, foundation”; and
(b) in subsection (2), for “county” substitute “community, foundation”.
172 In section 563(3) (educational records)—
(a) at the end of paragraph (a) insert “and”; and
(b) omit paragraph (b).
173 In section 566(1)(b) (evidence: documents), for “a county or voluntary school” substitute “a maintained school”.
174 Omit section 567 (stamp duty).
175 In section 568 (orders)—
(a) for subsection (2) substitute—
“(2) For the purposes of subsection (1) “the excepted provisions” are—
section 349;
sections 468, 471(1) and 474;
section 489(3);
section 497; and
section 545.”;
(b) in subsection (3), omit “section 517(6),”; and
(c) omit subsection (5)(b) and the “or” preceding it.
176 In section 569 (regulations)—
(a) in subsection (2), for “section 480 or 492 or paragraph 1(4) of Schedule 20,” substitute “section 492,”; and
(b) in subsection (3), for “section 480 or 492 or paragraph 1(4) of Schedule 20” substitute “section 492”.
177 In section 570 (revocation and variation of certain orders and directions)—
(a) in subsection (1)—
(i) at the end of paragraph (a) insert “or”, and
(ii) omit paragraph (b); and
(b) in subsection (2), omit “, the funding authority”.
178 In section 573 (meaning of expressions relating to alteration etc. of premises or character of schools)—
(a) in subsection (2), omit the words from “and “alterations”” onwards; and
(b) omit subsections (4) to (6).
179 Omit section 575 (meaning of expressions relating to employment).
180 In section 576 (meaning of “parent”)—
(a) in subsection (1), for “the provisions mentioned in subsection (2)” substitute “section 499(8)”; and
(b) omit subsection (2).
181 Omit section 577 (minor authorities).
182 In section 578 (meaning of “the Education Acts”), insert at the appropriate place—
“the School Standards and Framework Act 1998”.
183 In section 579 (general interpretation)—
(a) in subsection (1)—
(i) at the appropriate place insert—
““assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;”,
(ii) omit the definitions of “the appropriate further education funding council”, “exclude”, “governing body” (and “governors”), “the local education authority”, “reception class” and “relevant age group”,
(iii) in the definition of “proprietor”, for “a county, voluntary or grant-maintained school,” substitute “a community, foundation or voluntary or community or foundation special school,”, and
(iv) for the definition of “trust deed” substitute—
““trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;”; and
(b) omit subsection (3).
184 In Schedule 1 (pupil referral units)—
(a) in paragraph 6—
(i) for sub-paragraphs (1) and (2) substitute—
“(1) In relation to every pupil referral unit, the local education authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 351(1) (balanced and broadly based curriculum).
(2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—
(a) the local education authority, the management committee (where applicable), or the teacher in charge to exercise, or
(b) such of them as may be prescribed to collaborate with each other in exercising,
such functions in relation to the curriculum as may be prescribed.”, and
(ii) in sub-paragraph (3)(a), for “or under any enactment referred to in sub-paragraph (2)” substitute “sub-paragraph (1) or (2)”;
(b) omit paragraphs 12 and 13; and
(c) in paragraph 15(2)(c) omit the words “(including grant-maintained schools)”.
185 Schedules 2 to 25A shall be omitted.
186 (1) Schedule 27 (making and maintenance of statements under section 324) shall be amended as follows.
(2) In paragraph 3—
(a) in sub-paragraph (1), for “the maintained, grant-maintained or grant-maintained special school” substitute “the maintained school”; and
(b) in sub-paragraph (4), for “any maintained, grant-maintained or grant-maintained special school” substitute “any maintained school”.
(3) In paragraph 8(1)(a), for “a maintained, grant-maintained or grant-maintained special school” substitute “a maintained school”.
187 Schedule 28 (government and conduct of grant-maintained special schools) shall be omitted.
188 In Schedule 31 (agreed syllabuses of religious education), omit paragraphs 11 and 15.
189 The following provisions shall be omitted—
(a) Schedule 32 (reduction of standard number for admission of pupils);
(b) Schedule 33 (admission appeals);
(c) Schedule 33A (children to whom section 411A(2) applies: appeals by governing bodies);
(d) Schedule 33B (restrictions on admissions to grant-maintained schools);
(e) in Schedule 37 (consequential amendments), paragraphs 9, 27, 33, 37(a), 41 , 42(4)(b), 75, 82(1)(b) and the “and” preceding it, 82(2)(a), 82(2)(c) and the “and” preceding it, 82(3), 96(2), 97, 102, 103, 104(3), 105 to 108, 110(2) and (3)(a), 122 and 125(c) and (d);
(f) in Schedule 39 (transitional provisions and savings), paragraphs 2(3) and 15; and
(g) Schedule 40 (transitory provisions).
190 The School Inspections Act 1996 shall be amended as follows.
191 (1) Section 10 (inspection of certain schools by registered inspectors) shall be amended as follows.
(2) In subsection (3)—
(a) omit “(4) or”;
(b) for paragraph (a) substitute—
“(a) community, foundation and voluntary schools;”;
(c) omit paragraph (b);
(d) for paragraph (c) substitute—
“(c) community and foundation special schools;”; and
(e) for paragraph (d) substitute—
“(d) special schools which are not community or foundation special schools but are for the time being approved by the Secretary of State under section 342 of the [1996 c. 56.] Education Act 1996 (approval of special schools);”.
(3) Omit subsection (4).
(4) For subsection (4B) substitute—
“(4B) In subsection (4A) a “closing school” means—
(a) a community, foundation or voluntary or community or foundation special school in respect of which proposals to discontinue the school have been approved, adopted or determined under Schedule 6 or 7 to the School Standards and Framework Act 1998;
(b) a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 30 of that Act;
(c) a community, foundation or voluntary or community or foundation special school in respect of which the Secretary of State has given a direction to discontinue the school under section 19 or 32 of that Act;
(d) a city technology college or city college for the technology of the arts in respect of which notice of termination of an agreement made under section 482 of the [1996 c. 56.] Education Act 1996 has been given;
(e) a special school which is not a community or foundation special school but which is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 and which the proprietor has decided to close; or
(f) an independent school falling within subsection (3)(e) which the proprietor has decided to close.”
192 (1) Section 11 (application of provisions for inspections) shall be amended as follows.
(2) In subsection (2), for the words from “county” onwards substitute “community, foundation or voluntary or community or foundation special schools.”