Office of Public Sector Information

(13) In paragraph 14(3), omit “or 28A(2)”.

(14) In paragraph 16—

(a) for “Secretary of State”, wherever occurring, substitute “Assembly”, and

(b) in sub-paragraph (8)(b), for “he” substitute “it”.

(15) In paragraph 20(2), for “Secretary of State” substitute “Assembly”.

(16) Omit paragraph 21 and the italic heading immediately above it.

(17) For the italic heading immediately above paragraph 22, substitute “Single-sex schools”.

(18) In paragraph 22—

(a) for “Secretary of State”, wherever occurring, substitute “Assembly”,

(b) in sub-paragraph (3), for “he” substitute “the Assembly”, and

(c) after sub-paragraph (3) insert—

“(4) In this paragraph—

• “the 1975 Act” means the Sex Discrimination Act 1975,

• “make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,

• “the responsible body” has the same meaning as in section 22 of the 1975 Act, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admission arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).”

34 In Schedule 8 to SSFA 1998 (changes of category of school), in paragraph 5(1), for “Secretary of State” substitute “Assembly”.

Learning and Skills Act 2000 (c. 21)

35 In section 113 of the Learning and Skills Act 2000 (sixth forms requiring significant improvement), in subsection (3)(b) omit “, any school organisation committee”.

36 In section 113A of the Learning and Skills Act 2000 (restructuring of sixth-form education), in subsection (4)—

(a) in paragraph (a), after “local education authority” insert “in Wales”, and

(b) after that paragraph insert—

“(aa) the establishment by a local education authority in England of one or more new foundation or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);”.

37 Schedule 7 to the Learning and Skills Act 2000 (sixth forms requiring significant improvement) is amended as follows.

38 For paragraph 17 substitute —

“17 The Council shall send a copy of the published proposals—

(a) to the local education authority who maintain the school, and

(b) in the case of a community or foundation special school, to such other persons as may be prescribed.”

39 For paragraph 25 substitute —

“25 The Council shall send a copy of the published proposals—

(a) to the local education authority who maintain the school, and

(b) in the case of a community or foundation special school, to such other persons as may be prescribed.”

40 (1) Paragraph 32 is amended as follows.

(2) In sub-paragraph (2)—

(a) after the definition of “the Council” insert—

““the local education authority” means the local education authority who maintain the school to which the proposals relate;”, and

(b) omit the definition of “the school organisation committee”.

(3) Omit sub-paragraph (3).

41 In paragraph 33(b), for “school organisation committee” substitute “local education authority”.

42 In paragraph 34, for “school organisation committee” substitute “local education authority”.

43 (1) Paragraph 35 is amended as follows.

(2) For sub-paragraph (1) substitute—

“(1) The local education authority must consider the proposals and, subject to subsection (2), may —

(a) reject them,

(b) approve them without modification,

(c) approve them subject to modifications.

(1A) The authority—

(a) may, if they think it appropriate to do so and subject to regulations, refer the proposals to the adjudicator, and

(b) must do so in prescribed cases.”

(3) In sub-paragraphs (2) and (3), for “school organisation committee” substitute “local education authority”.

(4) Omit sub-paragraphs (5) and (6).

(5) In sub-paragraph (7)(b), for “committee” substitute “local education authority”.

(6) In sub-paragraph (8)—

(a) for “school organisation committee” substitute “local education authority”, and

(b) for “the committee” substitute “the authority”.

44 In paragraph 36, in sub-paragraphs (2) and (3), for “school organisation committee” substitute “local education authority”.

45 For paragraph 37 substitute—

“37 (1) The local education authority—

(a) may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any question which would otherwise fall to be determined by the authority under paragraph 36, and

(b) in prescribed cases, must refer to the adjudicator any such matter.

(2) Where a question is referred to the adjudicator—

(a) he shall consider the matter afresh, and

(b) for that purpose, paragraph 36 applies to him as it applies to the committee.”

46 In Schedule 7A to the Learning and Skills Act 2000, for paragraphs 5 to 7 substitute—

“5 (1) Where a local education authority in England are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 28 of Schedule 2 to the Education and Inspections Act 2006 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

(2) Where a local education authority in Wales are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

6 (1) In relation to England, where the governing body of a voluntary aided school are required by paragraph 3(3)(b) of this Schedule to implement proposals to make an alteration to the school, paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants by Secretary of State in respect of expenditure on premises and equipment) applies in relation to the school.

(2) In relation to Wales, paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.

7 (1) A local education authority in England may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation imposed on the governing body under this Schedule.

(2) Paragraph 31 of Schedule 2 to the Education and Inspections Act 2006 applies in relation to assistance under sub-paragraph (1) as it applies in relation to assistance under paragraph 30 of that Schedule.

(3) In relation to Wales, paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly.”

Education Act 2002 (c. 32)

47 (1) Section 129 of EA 2002 (transfer of employment) is amended as follows.

(2) In subsection (1)(a), for the words from “section” to “1998” substitute “the relevant school organisation provisions (as defined by subsection (6))”.

(3) After subsection (5) insert—

“(6) In subsection (1)(a) “the relevant school organisation provisions” means—

(a) in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and

(b) in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998.”

48 In Schedule 1 to EA 2002 (incorporation and powers of governing body), in paragraph 5 (dissolution of governing body) for sub-paragraph (2) substitute—

“(2) In this paragraph “the discontinuance date” means—

(a) in relation to a school in England, whichever of the following is relevant—

(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 or under Schedule 7 or 7A to the Learning and Skills Act 2000,

(ii) the date on which the school is discontinued under section 30 of the 1998 Act, or

(iii) the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006;

(b) in relation to a school in Wales, whichever of the following is relevant—

(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000,

(ii) the date on which the school is discontinued under section 30 of the 1998 Act, or

(iii) the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act.”.

Education Act 2005 (c. 18)

49 Omit sections 64 to 67 of EA 2005 (which relate to school organisation in England).

50 (1) Section 68 of EA 2005 (proposals for establishment of federated school) is amended as follows.

(2) At the end of the heading insert “in Wales”.

(3) In subsection (1)—

(a) in paragraph (a), omit “, 28A”,

(b) at the end of paragraph (b), insert “or”, and

(c) omit paragraphs (d) and (e).

51 In section 69 of EA 2005 (LEA not to establish school on opposite side of Welsh border), omit paragraph (a).

52 Omit section 73 of EA 2005 (interpretation of Part 2).

53 Omit Schedules 10 and 11 to EA 2005 (which relate to school organisation in England).