Office of Public Sector Information
Section 215(1)
1 In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176 of that Act) for subsection (1A) there is substituted—
“(1A) Subsection (1) has effect without prejudice to the operation of—
(a) regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);
(b) paragraph 3 of Schedule 4 to that Act (allowances for school organisation committees); and
(c) regulations made by virtue of section 52(6) of the Education Act 2002 (allowances for exclusion appeal panels).”
2 In section 25(5) of the Local Government Act 1974 (certain bodies to which Part 3 of that Act applies)—
(a) for paragraph (c) there is substituted—
“(c) an admission appeal panel constituted in accordance with regulations under section 94(5) or 95(3) of that Act,”, and
(b) at the end of paragraph (d) there is inserted “and
(e) an exclusion appeal panel constituted in accordance with regulations under section 52 of the Education Act 2002.”
3 In Schedule 2 to the Sex Discrimination Act 1975 (transitional exemption orders for educational admissions)—
(a) paragraph 4 is omitted, and
(b) after paragraph 4 there is inserted—
“4A Where, under section 113A of the Learning and Skills Act 2000, the Learning and Skills Council for England submit proposals to the Secretary of State for an alteration in the admission arrangements of a school such as is mentioned in section 27(1) of this Act, the submission of the proposals shall be treated as an application for the making by the Secretary of State of a transitional exemption order, and if he thinks fit the Secretary of State may make the order accordingly.”
4 In section 46(3) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), for the definition of “free school transport” there is substituted—
““free school transport” means transport provided by alocal education authority free of charge—
(a) in pursuance of arrangements under section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996, or
(b) otherwise, in the exercise of any function of the authority,
for the purpose of facilitating the attendance of persons receiving education or training at any premises;”.
5 In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.
6 In section 4 of the Building Act 1984 (exemption of educational buildings from building regulations), for subsection (1)(a)(ii) there is substituted—
“(ii) particulars submitted and approved under regulations made under section 544 of the Education Act 1996,”.
7 In section 1(1) of the Education Act 1986 (payment of grant) for “either of them” there is substituted “that body”.
8 In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “suitable to the requirements of persons who have attained the age of fourteeen years”.
9 In Schedule 9A to the Children Act 1989 (child minding and day care for young children), for paragraph 4(2)(b) there is substituted—
“(b) he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children;”.
10 In section 98(2) of the Environmental Protection Act 1990 (definition of “educational institution”), paragraph (c)(ii) is omitted.
11 In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “suitable to the requirements of persons who have attained the age of fourteeen years”.
12 In section 21 of the Further and Higher Education Act 1992 (initial instruments and articles), in subsection (3), for “Chapter III of Part II of the School Standards and Framework Act 1998” there is substituted “section 19 of the Education Act 2002”.
13 Section 23(4)(b) of the Further and Higher Education Act 1992 (institutions maintained by LEAs: Secretary of State must approve exclusion of any property etc. from initial transfer to FE corporation) shall cease to have effect.
14 In section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted.
15 In section 37 of the Further and Higher Education Act 1992 (net expenditure of institution about to join further education sector), the following provisions are omitted—
(a) subsection (1)(b) and the word “or” immediately preceding it,
(b) subsection (8)(a), and
(c) subsection (9).
16 Sections 39 to 42 of the Further and Higher Education Act 1992 (restrictions on powers of local authorities to dispose of land etc. in period before institution becomes institution within the further education sector) shall cease to have effect.
17 In section 43 of the Further and Higher Education Act 1992 (remuneration of employees in educational institutions), for subsection (3) there is substituted—
“(3) This section does not apply to remuneration determined in accordance with an order under section 122 of the Education Act 2002 (determination of school teachers' pay and conditions).”
18 Section 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.
19 (1) Section 52A of the Further and Higher Education Act 1992 (duty to safeguard pupils receiving secondary education) is amended as follows.
(2) In subsection (1)—
(a) for “persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “persons of compulsory school age”, and
(b) in paragraph (a), for “in pursuance of arrangements falling within section 18(1)(aa) of this Act” there is substituted “by virtue of section 18(1)(aa) or (ab) of this Act”.
(3) In subsection (2) for “such pupils” there is substituted “persons of compulsory school age”.
20 In section 54(1) of the Further and Higher Education Act 1992 (duty of certain bodies to give to the Learning and Skills Council for England or National Council for Education and Training for Wales information required for the purposes of the exercise of their functions under Part 1 of that Act), for “this Part of this Act” there is substituted “any enactment”.
21 Section 60 of the Further and Higher Education Act 1992 (saving as to persons detained by order of a court) shall cease to have effect.
22 In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals) for paragraphs (b) and (c) there is substituted—
“(b) exclusion appeal panels constituted in accordance with regulations under section 52 of the Education Act 2002;
(c) admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998;”.
23 In section 4 of the Education Act 1994 (qualifying activities and eligible institutions), subsection (4) shall cease to have effect.
24 In section 14 of the Education Act 1994 (qualification of teachers, &c.), subsections (1), (3) and (4) are omitted.
25 In section 19(1) of the Education Act 1994 (interpretation), for the definition of “governing body” there is substituted—
““governing body”, in relation to an institution conducted by a company, shall be construed in accordance with any order under section 4(3);”.
26 In section 28D of the Disability Discrimination Act 1995 (accessibility strategies and plans), in subsection (14) after “maintained school” there is inserted “or maintained nursery school”.
27 (1) Section 28L of the Disability Discrimination Act 1995 (exclusions) is amended as follows.
(2) In subsections (2)(a) and (5)(a) for “section 67(1) of the School Standards and Framework Act 1998” there is substituted “section 52(3)(c) of the Education Act 2002”.
(3) In subsection (6), for “paragraph 4 of Schedule 11 to the School Standards and Framework Act 1998” there is substituted “section 19 of the Education Act 2002”.
28 In section 28Q of the Disability Discrimination Act 1995 (interpretation of Chapter 1), in subsection (7)—
(a) for “Schedule 9 to the School Standards and Framework Act 1998” there is substituted “regulations under section 19 of the Education Act 2002”, and
(b) for “section 36 of that Act” there is substituted “that section”.
29 In Schedule 4A to the Disability Discrimination Act 1995, in the Table in paragraph 1—
(a) in paragraph 1, in the first column, after “Maintained school” there is inserted “or maintained nursery school”, and
(b) paragraph 3 is omitted.
30 In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools) for “section 55(5) of the School Standards and Framework Act 1998” there is substituted “paragraph 7 of Schedule 2 to the Education Act 2002”.
31 In section 139 of the Employment Rights Act 1996 (redundancy), in subsection (3), for “governors” there is substituted “governing bodies”.
32 In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (7) for “governors” (in both places) there is substituted “governing body”.
33 In section 2 of the Education Act 1996 (definition of primary, secondary and further education), in subsection (4), after “subsection (2)(b)” there is inserted “or (2A)”.
34 (1) Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.
(2) After subsection (1) there is inserted—
“(1A) A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).”
(3) In subsection (3) for “Subsection (1) also applies” there is substituted “Subsections (1) and (1A) also apply”.
35 In section 29 of the Education Act 1996 (provision of information by local education authorities), subsection (6) is omitted.
36 In section 313 of the Education Act 1996 (Code of Practice), in subsection (1), after “maintained schools” there is inserted “and maintained nursery schools”.
37 In section 315 of the Education Act 1996 (review of arrangements), in subsection (2) after “special schools” there is inserted “and maintained nursery schools”.
38 In section 316A of the Education Act 1996 (duty to educate children with special educational needs in mainstream school), in subsection (11)—
(a) in paragraph (a), after “maintained school” there is inserted “or maintained nursery school”, and
(b) in paragraph (b), the words “a maintained nursery school or” are omitted.
39 (1) Section 317 of the Education Act 1996 (duties in relation to pupils with special educational needs) is amended as follows.
(2) In subsection (1), for the words from the beginning to “shall” there is substituted “The governing body of a community, foundation or voluntary school or a maintained nursery school shall”.
(3) For subsection (2) there is substituted—
“(2) In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).”
(4) In subsection (3)—
(a) in paragraph (a), after “voluntary schools” there is inserted “and maintained nursery schools”, and
(b) paragraph (b) and the word “and” preceding it are omitted.
(5) In subsection (7) for “section 42(1) of the School Standards and Framework Act 1998” there is substituted “section 30(1) of the Education Act 2002”.
40 In section 317A(1) of the Education Act 1996 (duty to inform parent where special educational provision made), in paragraph (a)(i) after “school” there is inserted “or a maintained nursery school”.
41 (1) Section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs) is amended as follows.
(2) In subsection (1), after “voluntary schools” there is inserted “or maintained nursery schools”.
(3) In subsection (2), after “voluntary schools” there is inserted “, maintained nursery schools”.
42 In section 321 of the Education Act 1996 (general duty of local education authority towards children for whom they are responsible), in subsection (3), in paragraphs (a) and (b), after “maintained school” there is inserted “or maintained nursery school”.
43 In section 324 of the Education Act 1996 (statement of special educational needs), in subsection (5)(b) after “maintained school” there is inserted “or maintained nursery school”.
44 In section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body), in subsection (13)(a), the words “a maintained nursery school or” are omitted.
45 In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for “and” at the end of paragraph (a) there is substituted—
“(aa) “assessment arrangements” and “fourth key stage”—
(i) in relation to a school maintained by a local education authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and
(ii) in relation to a school maintained by a local education authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and”.
46 (1) Section 408 of the Education Act 1996 (provision of information) is amended as follows.
(2) In subsection (1)(a) after “the Learning and Skills Act 2000” there is inserted “or the relevant provisions of the Education Act 2002”.
(3) Subsection (4)(a) is omitted.
(4) After subsection (4) there is inserted—
“(4A) For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—
(a) Part 6 (the curriculum in England), and
(b) sections 97 to 117 (the curriculum in Wales).”
(5) In subsection (6) for “this Part” there is substituted “Part 6 or 7 of the Education Act 2002”.
(6) After subsection (8) there is inserted—
“(9) In this section “maintained school” includes a maintained nursery school.”
47 (1) Section 409 of the Education Act 1996 (complaints and enforcement: maintained schools) is amended as follows.
(2) In subsection (1), the words “with the approval of the Secretary of State and” are omitted.
(3) In subsection (2), after “by the authority” there is inserted “, any maintained nursery school so maintained”.
(4) In subsection (3), before the “and” at the end of paragraph (a) there is inserted—
“(aa) any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),”.
48 (1) Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.
(2) In subsection (3)(b) for “section 357(1) (implementation of National Curriculum)” there is substituted “section 88 or 109 of the Education Act 2002 (implementation of National Curriculum for England or National Curriculum for Wales)”.
(3) In subsection (4)(b) for “section 357(1)” there is substituted “section 88 or 109 of the Education Act 2002”.
49 (1) Section 484 of the Education Act 1996 (education standards grants) is amended as follows.
(2) For any reference to the Secretary of State there is substituted a reference to the National Assembly for Wales.
(3) In subsection (1), after “local education authorities” there is inserted “in Wales”.
(4) In subsection (2) the words “England and” are omitted.
(5) Subsection (6) is omitted.
50 In section 499 of the Education Act 1996 (power to direct appointment of members of education committees) for subsection (9) there is substituted—
“(9) In subsections (6) and (8)—
(a) “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and
(b) “parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).”
51 In section 509 of the Education Act 1996 (provision of transport etc), in subsection (4)(b), for the words from “with” to “provided” there is substituted “with education or training at a school or institution in which the religious education provided”.
52 In section 512A of the Education Act 1996 (transfer of functions under section 512 to governing bodies) in subsection (7) for the definitions of “delegated budget” and “maintained school” there is substituted—
““delegated budget” has the same meaning as in the School Standards and Framework Act 1998;
“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;”.
53 In section 530 of the Education Act 1996 (compulsory purchase of land), in subsection (3), at the end there is inserted “(including that provision as applied by any enactment)”.
54 In section 533 of the Education Act 1996 (c. 56) (duties of governing bodies with respect to provision of school meals etc), for subsection (3)(b) and (c) there is substituted “and
(b) charge every person the same price for the same quantity of the same item.”
55 In section 545 of the Education Act 1996 (exemption of educational buildings from building byelaws), in subsection (2)(a) the words “or section 218(7) of the Education Reform Act 1988” are omitted.
56 In section 578 of the Education Act 1996 (meaning of “the Education Acts”), the reference to the School Teachers' Pay and Conditions Act 1991 is omitted.
57 In section 579(1) of the Education Act 1996 (general interpretation)—
(a) after the definition of “local government elector” there is inserted—
““maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;”,
(b) after the definition of “modifications” there is inserted—
““the National Curriculum” (without more) means—
(a) in relation to England, the National Curriculum for England, and
(b) in relation to Wales, the National Curriculum for Wales;”, and
(c) after the definition of “regulations” there is inserted—
““sex education” includes education about—
(a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and
(b) any other sexually transmitted disease;”.
58 In Schedule 27 to the Education Act 1996—
(a) in paragraph 3A(1), after the words “maintained school”, in each place where they occur, there is inserted “or maintained nursery school”, and
(b) in paragraph 8(1)(a), after “maintained school” there is inserted “or maintained nursery school”.
59 In section 10 of the School Inspections Act 1996 (inspection of certain schools), in subsection (4B)(a)—
(a) after “foundation special school” there is inserted “ or maintained nursery school”, and
(b) for the words from “Schedule 6” to the end there is substituted “any enactment”.
60 (1) Section 11 of the School Inspections Act 1996 (application of provisions of Chapter 2 of Part 1 of that Act) is amended as follows.
(2) In subsection (2), after “foundation special schools” there is inserted “or maintained nursery schools”.
(3) In subsection (4), in the definition of “appropriate authority”, after “foundation special school” there is inserted “or a maintained nursery school”.
(4) In subsection (5)—
(a) at the end of paragraph (a), there is inserted “and”, and
(b) paragraph (b) is omitted.
61 In section 15 of the School Inspections Act 1996 (timing of section 10 inspections by registered inspectors)—
(a) in subsection (3)(b), after “foundation special school” there is inserted “or maintained nursery school”, and
(b) in subsection (4)(c), the words “except where the school is a maintained nursery school” are omitted.
62 In section 16 of the School Inspections Act 1996 (destination of reports), in subsections (1)(b) and (3)(c), after “foundation special school” there is inserted “or maintained nursery school”.
63 In section 17 of the School Inspections Act 1996 (special measures by appropriate authority)—
(a) in subsections (3)(b) and (4), after “foundation special school” there is inserted “or maintained nursery school”,
(b) in subsection (7), for “under section 42 of the School Standards and Framework Act 1998 (governors' reports)” there is substituted “under section 30 of the Education Act 2002 (governors' reports)”.
64 In section 18(1)(a) of the School Inspections Act 1996 (additional special measures by local education authority), after “community or foundation special school” there is inserted “or maintained nursery school”.
65 In section 21(3)(b) of the School Inspections Act 1996 (duty to send Secretary of State copies of statement prepared under section 21(1) of that Act), the words “except in the case of a maintained nursery school” are omitted.
66 In section 23 of the School Inspections Act 1996 (inspection of religious education) in subsection (4)(a) for “section 352(1)(a) of the Education Act 1996” there is substituted “section 80(1)(a) or 101(1)(a) of the Education Act 2002”.
67 In Schedule 3 to the School Inspections Act 1996 (inspections under section 10), in the definition of “appropriate authority” in paragraph 1—
(a) in paragraph (a), after “foundation special school” there is inserted “or a maintained nursery school”, and
(b) paragraph (b) is omitted.
68 In Schedule 4 to the School Inspections Act 1996 (inspections of denominational education), in paragraph 3(5), for “means the governors' report under section 42 of the School Standards and Framework Act 1998” there is substituted “means the governors' report under section 30 of the Education Act 2002”.
69 In section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications and Curriculum Authority of their functions), in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “section 78 of the Education Act 2002”.
70 In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “section 99 of the Education Act 2002”.
71 Section 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.
72 (1) Section 113 of the Police Act 1997 (criminal record certificates) is amended as follows.
(2) In subsection (3A)—
(a) in paragraph (a), sub-paragraphs (ii) and (iii) are omitted,
(b) for paragraph (b) there is substituted—
“(b) if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14), such details of his inclusion as may be prescribed;”, and
(c) after paragraph (b) there is inserted—
“(c) whether he is subject to a direction under section 142 of the Education Act 2002; and
(d) if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.”.
(3) In subsection (3B)—
(a) for paragraph (b) there is substituted—
“(b) a position which involves work to which section 142 of the Education Act 2002 applies;”,
(b) paragraph (c) is omitted, and
(c) the words from “and the reference” to the end are omitted.
73 In section 115 of the Police Act 1997 (enhanced criminal record certificates), in subsection (6A)—
(a) in paragraph (a), sub-paragraphs (ii) and (iii) are omitted,
(b) for paragraph (b) there is substituted—
“(b) if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14), such details of his inclusion as may be prescribed;”, and
(c) after paragraph (b) there is inserted—
“(c) whether he is subject to a direction under section 142 of the Education Act 2002; and
(d) if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.”.
74 In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.
75 In section 2 of the Teaching and Higher Education Act 1998 (advisory functions of General Teaching Council), in subsection (4), for “by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers)” there is substituted “under section 142 of the Education Act 2002 (prohibition from teaching, &c.)”.
76 In section 3 of the Teaching and Higher Education Act 1998 (registration of teachers), in subsection (3)—
(a) the words “within the meaning of section 218(2) of the Education Reform Act 1988” are omitted, and
(b) for paragraph (a) there is substituted—
“(a) subject to a direction under section 142(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),”.
77 In section 4 of the Teaching and Higher Education Act 1998 (regulations relating to registration with General Teaching Council), for subsection (3)(a) there is substituted—
“(a) a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),”.
78 In section 7 of the Teaching and Higher Education Act 1998 (additional functions of General Teaching Council), in subsection (3), for the words from “the exercise” to the end there is substituted “the specification of requirements of regulations under section 132 of the Education Act 2002 (qualified teacher status)”.
79 Section 10 of the Teaching and Higher Education Act 1998 (further functions of General Teaching Council for Wales in relation to teachers) shall cease to have effect.
Education Act 2002