Office of Public Sector Information

(4) In subsection (5)—

(a) in paragraph (a), for “paragraph (e),” substitute “paragraph (d), (e),”; and

(b) in paragraph (b), omit “whose governing body does not have a delegated budget”.

193 In section 15(3)(b) (timing of inspections), for “a county, voluntary or maintained special school” substitute “a community, foundation or voluntary or community or foundation special school”.

194 (1) Section 16 (destination of reports) shall be amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), omit the words from “and, if” to “of State”; and

(b) in paragraph (b), for “a county, voluntary or maintained special school” substitute “a community, foundation or voluntary or community or foundation special school”.

(3) In subsection (3)—

(a) in paragraph (c)—

(i) for “a county, voluntary or maintained special school” substitute “a community, foundation or voluntary or community or foundation special school”, and

(ii) at the end insert “and”; and

(b) omit paragraphs (e) and (f).

195 (1) Section 17 (special measures by appropriate authority) shall be amended as follows.

(2) In subsection (3)—

(a) in paragraph (b)—

(i) for “a county, voluntary or maintained special school” substitute “a community, foundation or voluntary or community or foundation special school”, and

(ii) at the end add “and”; and

(b) omit paragraph (c).

(3) In subsection (4), for “a county, voluntary or maintained special school” substitute “a community, foundation or voluntary or community or foundation special school”.

(4) Omit subsection (5)(b) and (c).

(5) In subsection (7), for the words from “referred to” to “the case may be,” substitute “under section 42 of the School Standards and Framework Act 1998 (governors' reports),”.

196 (1) Section 18 (additional special measures by local education authority) shall be amended as follows.

(2) In subsection (1)(a), for “a county, voluntary or maintained special school” substitute “a community, foundation or voluntary or community or foundation special school”.

(3) In subsection (2)(b), for “an aided or special agreement school” substitute “a voluntary aided school”.

197 In section 20(3) (destination of reports)—

(a) in paragraph (a), for “a maintained or grant-maintained special school” substitute “a community or foundation special school”; and

(b) omit “the funding authority, or”.

198 In section 21(4) (special measures by appropriate authority)—

(a) in paragraph (a), for “a maintained or grant-maintained special school” substitute “a community or foundation special school”; and

(b) omit “the funding authority, or”.

199 (1) Section 23 (inspection of religious education) shall be amended as follows.

(2) For subsection (1) substitute—

“(1) It shall be the duty of the governing body of any voluntary or foundation school, which has been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character, to secure that—

(a) denominational education given to any pupils, and

(b) the content of the school’s collective worship (required by section 70 of that Act),

are inspected under this section.”

(3) Omit subsections (2) and (3).

(4) In subsection (4)(ii), for “section 385 of that Act” substitute “section 70 of the School Standards and Framework Act 1998”.

(5) In subsection (5)(a), for “a controlled school” substitute “a voluntary controlled school”.

(6) In subsection (8)—

(a) in paragraph (a), omit “if the inspection is conducted by virtue of subsection (1),”; and

(b) in paragraph (b), omit “if the inspection is conducted by virtue of subsection (2),”.

200 Omit the following sections—

(a) sections 26 to 30 (miscellaneous powers over schools requiring special measures);

(b) sections 31 to 41 (education associations); and

(c) section 44 (stamp duty on transfer under section 38 or 39).

201 In section 45 (orders and regulations)—

(a) in subsection (1), omit the words “(except an order under section 38)”; and

(b) in subsection (2), omit the words “(except an order under section 31, 33, or 39)”.

202 (1) Section 46(1) (interpretation) shall be amended as follows.

(2) In the definition of “Church in Wales school” etc, for “section 311(1)” onwards substitute “section 142 of the School Standards and Framework Act 1998;”.

(3) In the definition of “delegated budget”, for “section 116” onwards substitute “section 49 of the School Standards and Framework Act 1998;”.

(4) Omit the definition of “the transfer date”.

203 In paragraph 1 of Schedule 3 (inspections under section 10), for the definition of “appropriate authority” substitute—

““appropriate authority” means—

(a) in relation to a community, foundation or voluntary or community or foundation special school, the school’s governing body or, if the school does not have a delegated budget within the meaning of section 49 of the School Standards and Framework Act 1998, the local education authority;

(b) in relation to a maintained nursery school, the local education authority;

(c) in the case of a school falling within paragraph (d), (e), (f) or (g) of section 10(3), the proprietor of the school;”.

204 In paragraph 3 of Schedule 4 (inspections of denominational education)—

(a) in sub-paragraph (2), for the words from “governors and” to “and to such” substitute “governors, to the local education authority and to such”, and

(b) in sub-paragraph (5), for the words from “means” onwards substitute “means the governors' report under section 42 of the School Standards and Framework Act 1998.”

205 Schedule 5 (education associations) shall be omitted.

206 In Schedule 6 (consequential amendments), omit paragraph 7.

Education Act 1997 (c. 44)

207 The Education Act 1997 shall be amended as follows.

208 Omit the following provisions—

(a) sections 2 and 3 (school discipline);

(b) sections 6 to 8 (exclusion of pupils);

(c) Part III (school admissions).

209 In section 15 (baseline assessments: interpretation), in the definition of “maintained primary school”, for paragraphs (a) to (c) substitute—

“(a) a community, foundation or voluntary school, or

(b) a community or foundation special school (other than one established in a hospital),”.

210 In section 16(5) (adoption of baseline assessment schemes), for “a school which is maintained by a local education authority,” substitute “a maintained primary school,”.

211 In section 17 (assessment of pupils)—

(a) in subsection (5), for paragraph (b) substitute—

“(b) the local education authority by whom the school is maintained,”; and

(b) in subsection (7)(a), omit the words from “(except” to “school)”.

212 In section 18 (regulations for Chapter I of Part IV)—

(a) in subsection (1)(b), omit the words from “(except” to “school)”; and

(b) in subsection (2)(a), omit the words from “(in” to “school)”.

213 In section 19 (school performance targets), for subsection (3) substitute—

“(3) In this section “maintained school” means—

(a) a community, foundation or voluntary school, or

(b) a community or foundation special school (other than one established in a hospital).”

214 In section 23 (functions of Qualifications and Curriculum Authority)—

(a) in subsection (3), for the words from “receiving nursery” onwards substitute “under compulsory school age.”; and

(b) in subsection (5), in the definition of “maintained school”, for paragraphs (a) to (c) substitute—

“(a) any community, foundation or voluntary school, and

(b) any community or foundation special school.”

215 In section 29(3) (functions of Qualifications, Curriculum and Assessment Authority for Wales), for the words from “receiving nursery” onwards substitute “under compulsory school age.”

216 In section 42 (miscellaneous amendments relating to school inspections), omit the words “and the Nursery Education and Grant-Maintained Schools Act 1996”.

217 In section 43(2) (provision of careers education)—

(a) for paragraph (a) substitute—

“(a) community, foundation and voluntary schools;”;

(b) omit paragraph (b); and

(c) for paragraph (c) substitute—

“(c) community or foundation special schools (other than those established in hospitals);”.

218 Omit section 50 (recoupment by local education authority of costs of teachers' premature retirement).

219 In section 52 (commencement of compulsory school age), omit subsections (4) and (5).

220 In section 57 (minor and consequential amendments, repeals etc), omit subsections (2) and (3).

221 In section 58(4) (commencement) omit “section 50,”.

222 Omit the following provisions—

(a) Schedules 1 to 3;

(b) in Schedule 6, paragraph 5.

223 In Schedule 7 (minor and consequential amendments), omit paragraphs 15 to 22, 25, 31 to 35, 40 and 45 to 51.

Education (Schools) Act 1997 (c. 59)

224 In section 2 of the Education (Schools) Act 1997 (transitional arrangements for existing assisted pupils), after subsection (6) add—

“(7) Nothing in subsection (1) shall be taken as prejudicing the operation of any regulations under section 3 by virtue of which assisted places authorised to be provided under that subsection by a former participating school may instead be so provided by another such school or a new school created on the merger of such a school with another school.”

Audit Commission Act 1998 (c. 18)

225 In section 36(3) of the Audit Commission Act 1998 (studies at request of educational bodies)—

(a) for the words from “corporation, a” to “school” substitute “corporation or further education corporation”, and

(b) in paragraph (b), omit “or governing body”.