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Section 140(1).
1 In section 1(7) of the [1996 c. 56.] Children and Young Persons Act 1933 (saving for right of parents etc. to administer corporal punishment), for “teacher, or other person” substitute “or (subject to section 548 of the Education Act 1996) any other person,”.
2 (1) Subject to sub-paragraph (2), in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include any Education Action Forum established in an education action zone.
(2) The provision in sub-paragraph (1) shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).
(3) An order under section 1(5) may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to an Education Action Forum specified in the order.
3 (1) Section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176) shall be amended as follows.
(2) In subsection (1), omit the words from the beginning to “committees),”.
(3) After subsection (1) insert—
“(1A) Subsection (1) above has effect without prejudice to the operation of the following provisions of the School Standards and Framework Act 1998, namely—
(a) paragraph 3 of Schedule 4 (allowances for school organisation committees);
(b) paragraph 3 of Schedule 18 (allowances for exclusion appeals panels); and
(c) paragraph 5 of Schedule 24 (allowances for admission appeals panels).”
4 (1) The Local Government Act 1974 shall be amended as follows.
(2) For section 25(5) (authorities subject to investigation by Local Commissioner) substitute—
“(5) Any reference to an authority to which this Part of this Act applies also includes a reference to—
(a) a school organisation committee constituted in accordance with section 24 of the School Standards and Framework Act 1998,
(b) an exclusion appeals panel constituted in accordance with Schedule 18 to that Act,
(c) an admission appeals panel constituted in accordance with Schedule 24 or paragraph 3 of Schedule 25 to that Act, and
(d) the governing body of any community, foundation or voluntary school so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act.”
5 In section 22 of the Sex Discrimination Act 1975 (discrimination by bodies in charge of educational establishments), in the Table, in paragraph 1, for “governors” substitute “governing body”.
6 In section 27 of that Act (exception for single-sex establishments turning co-educational), after subsection (1) insert—
“(1A) Without prejudice to subsection (1), a transitional exemption order may be made in accordance with paragraph 21 or 22 of Schedule 6 or paragraph 16 or 17 of Schedule 7 to the [1975 c. 65.] School Standards and Framework Act 1998 (transitional exemption orders for purposes of the Sex Discrimination Act 1975: England and Wales).”
7 In section 17 of the Race Relations Act 1976 (discrimination by bodies in charge of educational establishments), in the Table, in paragraph 1, for “governors” substitute “governing body”.
8 In Schedule 1 to the National Health Service Act 1977 (additional provisions as to the medical inspection of pupils, etc.)—
(a) in paragraph 3, for the words from “by which” to “grant-maintained schools” substitute “in respect of the schools (other than foundation, voluntary or foundation special schools) which they maintain or the governing bodies of foundation, voluntary or foundation special schools in respect of those schools”; and
(b) in paragraph 4, after “1996” insert “or (as the case may be) the School Standards and Framework Act 1998”.
9 The Representation of the People Act 1983 shall be amended as follows.
10 In section 95(2)(a) (schools and rooms for parliamentary election meetings), for “county schools voluntary schools and grant-maintained schools” substitute “community, foundation and voluntary schools”.
11 In section 96(2)(a) (schools and rooms for local election meetings), for “county voluntary or grant-maintained school” substitute “community, foundation or voluntary school”.
12 In Schedule 5 (use for parliamentary election meetings of rooms in school premises and meeting rooms), in paragraph 1(1), for “a grant-maintained school” substitute “a foundation or voluntary aided school”.
13 In section 2A(4)(a) of the Local Government Act 1986 (prohibition on promoting homosexuality by teaching or publishing material), for the words from “a county” to the end substitute “a maintained school or maintained nursery school, within the meaning of the School Standards and Framework Act 1998;”.
14 In section 49(3) of the Education (No. 2) Act 1986 (appraisal of performance of teachers)—
(a) for paragraph (b) substitute—
“(b) at any special school which is not so maintained but is 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);”, and
(b) omit paragraph (ba).
15 In Schedule 1 to the Local Government Act 1988 (defined activities open to competition), in paragraph 8(5), for the words from “county or” to “education authority;” substitute “community, foundation or voluntary schools or community or foundation special schools;”.
16 The Education Reform Act 1988 shall be amended as follows.
17 In section 218 (school and further and higher education regulations), for subsection (12) substitute—
“(12) In this section (except in subsection (6)(d) or (6A) above) “school” means any school maintained by a local education authority or any special school not so maintained.”
18 In section 221(1)(b) (avoidance of certain contractual terms), for “an aided or grant-maintained school;” substitute “a foundation, voluntary aided or foundation special school;”.
19 In section 226(4) (services to schools in member States providing education to British children), for the words from “any county” to the end substitute “any community, foundation or voluntary school.”
20 In Schedule 8 (provisions relating to the body to be known as the Education Transfer Council)—
(a) omit paragraph 6(3); and
(b) in paragraph 8—
(i) in sub-paragraph (4), omit “given with the consent of the Treasury”; and
(ii) in sub-paragraph (7), for “Treasury” substitute “Secretary of State”.
21 In Schedule 9 to the Children Act 1989 (child minding and day care for young children), in paragraph 3(3), for the definitions of “assisted” and “maintained” substitute—
““assisted” has the same meaning as in the [1996 c. 56.] Education Act 1996;
“maintained” has the same meaning as in the School Standards and Framework Act 1998; and”.
22 In section 13(5) of the Local Government and Housing Act 1989 (voting rights of certain members of committees)—
(a) after “is required” insert “either”; and
(b) at the end insert “or pursuant to regulations under subsection (6) of that section.”
23 In section 98(2) of the Environmental Protection Act 1990 (definitions), for paragraphs (f) and (g) substitute—
“(f) any community, foundation or voluntary school;
(g) any community or foundation special school.”
24 The School Teachers' Pay and Conditions Act 1991 shall be amended as follows.
25 In section 1 (establishment of review body on statutory conditions of employment)—
(a) in subsection (5)—
(i) in paragraph (b), for the words from “governors of” to “grant-maintained schools” substitute “governing bodies of foundation, voluntary and foundation special schools”, and
(ii) omit the words from “and, where” to “that subsection”; and
(b) omit subsection (6).
26 In section 2 (orders relating to statutory conditions of employment)—
(a) in subsection (1)(b), for the words from “governors of” to “grant-maintained schools” substitute “governing bodies of foundation, voluntary and foundation special schools”;
(b) omit subsection (2);
(c) in subsection (3), for “by Her Majesty’s Stationery Office” substitute “in accordance with the order”;
(d) in subsection (4)—
(i) in paragraph (a), omit “, in the case of a grant-maintained school,” and the words from “and provide” to the end,
(ii) in paragraph (g), after “authorities” insert “or governing bodies of schools”, and
(iii) omit paragraph (h);
(e) in subsection (5), omit the words from “and, where” to “(2) above”; and
(f) in subsection (6)(a), omit the words from “or, in” to “such schools,”.
27 In section 3A (special provisions for teachers on transfer of employment)—
(a) for subsection (1) substitute—
“(1) This section applies where—
(a) a community, foundation or voluntary or community or foundation special school is established in place of an independent school in pursuance of proposals published under section 28 or 31 of the School Standards and Framework Act 1998, and
(b) a school teacher employed to teach at that independent school becomes employed by the local education authority or (as the case may be) the governing body in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981.”; and
(b) in subsection (3), for “an aided school” substitute “a foundation, voluntary aided or foundation special school”.
28 (1) Section 5 (interpretation, etc.) shall be amended as follows.
(2) In subsection (1)—
(a) in the definition of “school teacher”, for “voluntary or grant-maintained” substitute “foundation, voluntary aided or foundation special”;
(b) in the definition of “school which has a delegated budget”, for “Part II of the [1996 c. 56.] Education Act 1996” substitute “Part II of the School Standards and Framework Act 1998”; and
(c) for the words from “other expressions” to the end substitute “where any other expression used in this Act is defined for the purposes of the [1996 c. 56.] Education Act 1996 or the School Standards and Framework Act 1998, it shall have the same meaning in this Act as in that Act.”
(3) For the sidenote substitute “Interpretation, orders and application of provisions of Education Acts.”
29 The Diocesan Boards of Education Measure 1991 shall be amended as follows.
30 In section 3 (transactions for which advice or consent of Board is required)—
(a) in subsection (1), for the words from “before making” to the end substitute “before—
(a) publishing proposals for any prescribed alteration to the school under section 28(2)(b) of the School Standards and Framework Act 1998;
(b) publishing proposals for the discontinuance of the school under section 29(2) of that Act;
(c) serving notice of an intention to discontinue the school under section 30(1) of that Act;
(d) publishing proposals for changing the category of the school under paragraph 2 or 3 of Schedule 8 to that Act; or
(e) making any application to, or entering into any agreement with, any body or person for or in connection with any disposal (whether by sale or otherwise) of the premises of the school or any part of them.”;
(b) in subsection (2), for “an aided or special agreement school” substitute “a voluntary aided school”;
(c) omit subsections (4) and (5); and
(d) in subsection (6)—
(i) omit “or (5)”, and
(ii) for “the secretary of the governing body” substitute “the clerk to the governing body”.
31 In section 7 (powers of Board to give directions to governing bodies)—
(a) for subsection (1) substitute—
“(1) Where the Board is satisfied that the governing body of a voluntary aided church school in the diocese in discharging, or failing to discharge, its functions so far as relating to—
(a) the making of any prescribed alteration to the school under Chapter II of Part II of the School Standards and Framework Act 1998, or
(b) the discontinuance of the school under that Chapter, or
(c) changing the school’s category in accordance with paragraph 2 or 3 of Schedule 8 to that Act,
is acting in a manner which is not in the interests of that school or of church schools generally, the Board may, subject to subsection (1A) below, give directions to the governing body as to the discharge of those functions.
(1A) The Board may not, under subsection (1) above, give directions as to the publication of proposals under paragraph 2 or 3 of Schedule 8 to that Act which would prevent the publication of proposals for the school to become a foundation school.”;
(b) in subsection (2), for “the secretary of the governing body” substitute “the clerk to the governing body”;
(c) in subsection (3), for the words from the beginning of paragraph (a) onwards substitute—
“(a) publication of proposals for any prescribed alteration to the school under section 28(2)(b) of the School Standards and Framework Act 1998; or
(b) publication of proposals under paragraph 2 or 3 of Schedule 8 to that Act,
the Board may itself publish those proposals, and the provisions of that Act shall apply to anything done by the Board by virtue of this subsection as if it had been done by the governing body of the school.”;
(d) omit subsection (5); and
(e) for the sidenote substitute “Powers of Board to give directions to governing bodies of voluntary aided church schools.”
32 (1) Section 10 (interpretation) shall be amended as follows.
(2) In subsection (1)—
(a) omit the definition of “Church of England voluntary school”, and
(b) for the definition of “church school” substitute—
““church school” means a foundation or voluntary school which is a Church of England school as defined by section 142(1) of the School Standards and Framework Act 1998;”.
(3) Omit subsection (2).
(4) For subsection (3) substitute—
“(3) Expressions used in this Measure which are also used in the School Standards and Framework Act 1998 shall, unless the context otherwise requires, have the same meaning as in that Act.”
33 The Further and Higher Education Act 1992 shall be amended as follows.
34 In section 5(4) (administration of funds by councils), for “grant-maintained school” substitute “maintained school”.
35 In section 21 (initial instruments and articles)—
(a) in subsection (1), omit—
(i) paragraph (a), and
(ii) “(b) in any other case,”;
(b) in subsection (2), omit—
(i) “orders and”,
(ii) in paragraph (a), “grant-maintained school or other”, and
(iii) in paragraph (b), “grant-maintained schools or other”; and
(c) in subsection (3), for the words from “a grant-maintained” to “earlier enactment)” substitute “a maintained school, the governing body incorporated under Chapter III of Part II of the School Standards and Framework Act 1998”.
36 For section 25 substitute—
(1) This section applies where a further education corporation is established to conduct an institution which, on the date the corporation is established, is a foundation or voluntary school belonging to the group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998.
(2) Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the transfer, in any such case, of property, rights and liabilities from the foundation body to the further education corporation.
(3) Regulations under subsection (2) may, in relation to any such transfer of property, rights or liabilities—
(a) modify any provision made by or under any of sections 23, 24, 36 and 38 of this Act and Schedule 5 to this Act;
(b) apply any such provision with or without modifications;
(c) make provision corresponding or similar to any such provision.
(4) In this section “foundation body” and “group of schools” have the same meaning as in the School Standards and Framework Act 1998.”
37 In section 26 (transfer of staff to further education corporation)—
(a) in subsection (1), omit “or was a grant-maintained school”; and
(b) in subsection (6)—
(i) for “that authority” substitute “references to that authority, and”, and
(ii) for paragraphs (b) and (c) substitute—
“(b) in relation to a corporation established to conduct an institution which, on that date, was a foundation or voluntary aided school, references to the governing body of that school.”
38 In section 28(2)(a) (designation of institutions as eligible for funds) after “school” insert “(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998)”.
39 In section 32 (transfer of property, etc., to designated institutions), after subsection (2) insert—
“(2A) In the case of an institution which when designated was a voluntary aided school, on the designation date—
(a) all land and other property which, immediately before that date, was property of the governing body of the school incorporated under Chapter III of Part II of the School Standards and Framework Act 1998, and
(b) all rights and liabilities of that body subsisting immediately before that date,
shall be transferred to and, by virtue of this Act, vest in the governing body of the designated institution; and the governing body of the school shall be dissolved on that date.”
40 In section 37 (attribution of surpluses and deficits)—
(a) in subsection (1), for “section 103 of the Education Act 1996 (schemes for financing schools)” substitute “section 48 of the School Standards and Framework Act 1998 (LEAs' financial schemes)”; and
(b) in subsection (7), in the definition of “budget share”, for “Part II of the Education Act 1996” substitute “Part II of the School Standards and Framework Act 1998”.
41 In section 44(1) (collective worship) for the words from “was a” to the end substitute “was—
(a) (within the meaning of the [1996 c. 56.] Education Act 1996) a voluntary school, or
(b) (within the meaning of the School Standards and Framework Act 1998) a foundation or voluntary school having a foundation established otherwise than under that Act.”
42 In section 45(1) (religious education) for the words from “means” to the end substitute “has the same meaning as in section 44.”
43 In section 47(2) (transfer of higher education institutions to further education sector) for the words from “any provision” to the end substitute “provision as to the initial name of the corporation as a further education corporation.”
44 In section 48 (statutory conditions of employment)—
(a) in subsection (1)(a), for “voluntary or grant-maintained” substitute “foundation or voluntary aided”; and
(b) in subsection (2)(a), for “voluntary or grant-maintained” substitute “foundation or voluntary aided”.
45 In section 58(3) (reorganisations of schools involving establishment of further education corporation), for paragraph (b) substitute—
“(b) a prescribed alteration within the meaning of section 28 of the School Standards and Framework Act 1998 has been made to the school,”.
46 In section 90 (interpretation)—
(a) after subsection (3) insert—
“(3A) In this Act references to a voluntary aided school are—
(a) in relation to any time before the appointed day within the meaning of the [1996 c. 56.] School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or
(b) in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act.”; and
(b) in subsection (5), at end insert “and section 140(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned.”
47 In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals)—
(a) for paragraphs (b) and (c) substitute—
“(b) exclusion appeal panels constituted in accordance with Schedule 18 to the School Standards and Framework Act 1998 (c. 31);
(c) admission appeal panels constituted in accordance with Schedule 24 or paragraph 3 of Schedule 25 to that Act;”; and
(b) in paragraph (d), for “(c. 38)” substitute “(c. 57)”.
48 In section 3 of the [1998 c. 30.] Charities Act 1993 (the register of charities), after subsection (5A) (inserted by Schedule 3 to the Teaching and Higher Education Act 1998) insert—
“(5B) In addition, in subsection (5) above—
(a) paragraph (a) shall be read as referring also to—
(i) any body to which section 23(1)(a) or (b) of the School Standards and Framework Act 1998 applies, and
(ii) any Education Action Forum established by virtue of section 10(1) of that Act; and
(b) paragraph (b) shall be read as referring also to any foundation to which section 23(3) of that Act applies;
but an order of the Commissioners, or regulations made by the Secretary of State, may provide that section 23(3) of that Act shall cease to apply to any such foundation as is mentioned in that provision or to any such foundation of a description specified in the order or regulations.”
49 In section 79(9) of that Act (parochial charities), for the words from “voluntary or” to the end substitute “foundation or voluntary school within the meaning of the School Standards and Framework Act 1998.”
50 In section 6(1) of the Welsh Language Act 1993 (meaning of “public body”), for paragraph (l) substitute—
“(l) the governing body of a community, foundation or voluntary school or a community or foundation special school (within the meaning of the School Standards and Framework Act 1998);”.
51 In Schedule 9 to the Value Added Tax Act 1994 (exemptions), in paragraph (a) of Note (1) to Group 6 (education)—
(a) in sub-paragraph (iii), for the [1996 c. 56.] words from “a county” to “Education Act 1996” substitute “a community, foundation or voluntary school within the meaning of the [1996 c. 56.] School Standards and Framework Act 1998, a special school within the meaning of section 337 of the Education Act 1996”; and
(b) omit sub-paragraphs (v) and (vii).
52 The Education Act 1994 shall be amended as follows.
53 In section 11A (general duty of Secretary of State with respect to training), omit “grant-maintained schools,”.
54 In section 12 (power of schools to provide courses of initial teacher training)—
(a) in subsection (1), for “any county, voluntary or maintained special school or of any grant-maintained school” substitute “any community, foundation or voluntary or community or foundation special school”;
(b) omit subsections (4) and (5); and
(c) in subsection (6), for the words from “purposes of” onwards substitute “purposes of Chapter IV of Part II of the School Standards and Framework Act 1998 (financing of maintained schools), as being undertaken for the purposes of the school.”
55 In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools), for the words from “an aided school” to “1996” substitute “a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the local education authority under section 55(5) of the School Standards and Framework Act 1998”.
56 In section 4(1) of the [1996 c. 56.] Nursery Education and Grant-Maintained Schools Act 1996 (children with special educational needs), for the words from “(except where” to the end substitute “(except where a duty is already imposed under section 313(2) of the [1996 c. 56.] Education Act 1996 or section 123(1) of the School Standards and Framework Act 1998) to have regard to the provisions of the code of practice issued under section 313 (practical guidance in respect of the discharge of functions under Part IV of the Education Act 1996).”
57 The Education Act 1996 shall be amended as follows.
School Standards and Framework Act 1998