PART 4 continued CHAPTER 1 continued
(1) In this Chapter—
“an action plan” has the meaning given by section 114(4);
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
“early years provision” has the meaning given by section 96(2) of the Childcare Act 2006 (c. 21);
“independent educational institution standards” has the meaning given by section 94;
“an independent inspectorate” has the meaning given by section 106;
“a material change”, in relation to an independent educational institution, has the meaning given by section 101;
“proprietor”, in relation to an institution, means the person or body of persons responsible for the management of the institution;
“the register” means the register of independent educational institutions in England (see section 95);
“registered” means entered in the register;
“relevant restriction” has the meaning given by section 117;
“student” means—
in relation to an independent school, a pupil (for the meaning of “pupil” see section 3 of the Education Act 1996 (c. 56));
in relation to an institution within section 92(1)(b), a person for whom the institution provides part-time education within the meaning of that provision or full-time education;
“the Tribunal” has the meaning given by section 124(5).
(2) In section 98 the reference to the proprietor of an independent educational institution includes the proprietor of an institution that it is proposed should become an independent educational institution (and accordingly the information required by subsection (3) of that section, in the case of such a proprietor, is information about the institution as it is proposed to be).
(1) This section applies where—
(a) by virtue of one or more amendments made by paragraphs 15 to 24 of Schedule 1, a provision of or made under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) (“the old provision”) that applied in relation to independent schools in England has ceased so to apply, and
(b) a provision of or made under this Chapter (“the new provision”) re-enacts, with or without modification, the old provision as it so applied.
(2) The amendment or amendments mentioned in subsection (1)(a) and the re-enactment mentioned in subsection (1)(b) do not affect the continuity of the law.
(3) Anything done (including any subordinate legislation made), or having effect as if done, under or for the purposes of the old provision that—
(a) could have been done under or for the purposes of the new provision (had the new provision then been in force), and
(b) is in force or effective immediately before the coming into force of the new provision,
has effect from that time as if done under or for the purposes of the new provision.
(4) Any reference (express or implied) in this Chapter or any other enactment, instrument or document to the new provision is to be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the old provision had effect, a reference to the old provision.
(5) Any reference (express or implied) in any enactment, instrument or document to the old provision is to be construed (so far as the context permits), as respects times, circumstances and purposes in relation to which the new provision has effect, as being or (according to the context) including a reference to the new provision.
(6) This section has effect subject to any specific transitional provision of or made under this Act.
(7) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(1) On the coming into force of section 95, the register of independent schools in England becomes the register of independent educational institutions in England.
(2) The power in section 111(3)(d) to make provision prescribing circumstances in which the amount of a fee may be waived includes power to make such provision in relation to a fee (or any part of a fee) payable by virtue of section 162B(6) of the Education Act 2002 (fees payable to Chief Inspector).
(1) A person falls within this subsection if—
(a) immediately before the relevant day the person is subject to a direction under section 142 of the Education Act 2002 (c. 32) given on grounds prescribed for the purposes of this section, and
(b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006 (c. 47)) are satisfied in relation to the person.
(2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of the Education Act 2002 were a direction given by the appropriate authority under section 128 of this Act.
(3) Regulations under this section may make provision in connection with the determination of any appeal under subsection (1) of section 144 of the Education Act 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.
(4) Regulations made by virtue of subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of the Education Act 2002 to be treated as an appeal under section 129 of this Act.
(5) In this section—
“appropriate authority” has the same meaning as in sections 128 to 131 (see section 128(6));
“the relevant day” means the day on which section 128 comes into force.
(1) For section 337 of the Education Act 1996 (c. 56) (special schools) and the italic heading preceding it substitute—
A school is a special school if—
(a) it is specially organised to make special educational provision for pupils with special educational needs, and
(b) in the case of a school that is not maintained by a local education authority, it is approved under section 342.
In this Chapter—
“a non-maintained special school” means a school that is approved under section 342;
“the appropriate national authority” means—
in relation to a school in England, the Secretary of State;
in relation to a school in Wales, the Welsh Ministers.”
(2) Section 342 of that Act (approval of non-maintained special schools) is amended as follows.
(3) In subsection (1)—
(a) for “Secretary of State” substitute “appropriate national authority”;
(b) omit “his”.
(4) In subsection (5)(a) for “Secretary of State” substitute “appropriate national authority”.
(1) Section 342 of the Education Act 1996 is amended as follows.
(2) After subsection (5) insert—
“(5A) Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—
(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil’s parent, and
(b) attends religious worship unless withdrawn from attendance at such worship—
(i) in the case of a sixth-form pupil, in accordance with the pupil’s own wishes, and
(ii) in any other case, in accordance with the wishes of the pupil’s parent.
(5B) In subsection (5A) “a sixth-form pupil” means a pupil who—
(a) has ceased to be of compulsory school age, and
(b) is receiving education suitable to the requirements of pupils over compulsory school age.”
(3) In subsection (6) for “special school” substitute “school in Wales that is”.
After section 342 of the Education Act 1996 (c. 56) insert—
(1) Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.
(2) Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—
(a) section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or
(b) section 122 of that Act (notification).”
After section 342A of the Education Act 1996 (inserted by section 144) insert—
(1) Regulations may make provision for an appeal against a decision of the Secretary of State—
(a) to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;
(b) not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.
(2) In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).
(3) Regulations under this section must provide that an appeal brought by virtue of this section—
(a) lies to the First-tier Tribunal, and
(b) must be brought by the proprietor of the school in question.
(4) The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—
(a) an appeal against the decision could be brought, or
(b) where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
(1) Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).
(2) The regulations must provide that an appeal brought by virtue of this section—
(a) lies to the First-tier Tribunal, and
(b) must be brought by the proprietor of the school in question.”
(1) Section 347 of the Education Act 1996 (c. 56) (approval of independent schools) is amended as follows.
(2) In subsection (1) —
(a) for “The Secretary of State” substitute “The Welsh Ministers”;
(b) after “independent school” insert “in Wales”.
(3) In subsection (3) for “the Secretary of State sees” substitute “the Welsh Ministers see”.
(4) In subsection (4) for “the Secretary of State may withdraw his” substitute “the Welsh Ministers may withdraw their”.
(5) In subsection (5)—
(a) for “a child with special educational needs” substitute “a relevant child”;
(b) in paragraph (a) for “the Secretary of State” substitute “the Welsh Ministers”;
(c) in paragraph (b), for “the Secretary of State is” substitute “the Welsh Ministers are”, and for “consents” substitute “consent”.
(6) After subsection (5) insert—
“(5ZA) In subsection (5) “a relevant child” means a child with special educational needs—
(a) for whom a local education authority in Wales maintain a statement under section 324, or
(b) for whom no local education authority maintain such a statement and who is in the area of a local education authority in Wales.”
(7) In subsection (5A)—
(a) for “But that” substitute “Subsection (5)”;
(b) after “local education authority” insert “in Wales”.
(1) Section 349 of the Education Act 1996 (c. 56) (variation of trust deeds by order) is amended as follows.
(2) In subsection (1)—
(a) for “The Secretary of State” substitute “The appropriate national authority”;
(b) for “him” substitute “it”;
(c) omit “or 347”.
(3) After that provision insert—
“(1A) The Welsh Ministers may by order make such modifications of any trust deed or other instrument relating to a school in Wales as, after consultation with the governing body or other proprietor of the school, appear to them to be necessary to enable the governing body or proprietor to meet any requirement imposed by regulations under section 347.”
(4) Section 483A of that Act (city colleges and academies: special educational needs) is amended as follows.
(5) For subsection (3)(a) and (b) substitute—
“(a) the statement is maintained by a local education authority in England, or
(b) the statement is maintained by a local education authority in Wales and the Welsh Ministers consent to the child being educated at the school.”
(6) In subsection (4) of that section for “The Secretary of State” substitute “The appropriate national authority”.
(7) At the end of that section add—
“(6A) In subsection (4) “the appropriate national authority” means—
(a) in relation to a school in England, the Secretary of State;
(b) in relation to a school in Wales, the Welsh Ministers.”
(8) In section 59(3) of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (vulnerable adults)—
(a) in paragraph (b), for the words following “which” substitute—
“(i) is in England and is specially organised to make special educational provision for pupils with special educational needs (within the meaning of section 312 of that Act), or
(ii) is in Wales and is approved by the Welsh Ministers under section 347 of that Act;”;
(b) in paragraph (c), for “the Secretary of State” substitute “the Welsh Ministers”.
(1) This section applies where, immediately before the coming into force of section 146, a relevant child is being educated in an independent school in England and—
(a) the school is for the time being approved by the Secretary of State under section 347 of the Education Act 1996 (c. 56), or
(b) the Secretary of State has consented to the child being educated there under subsection (5)(b) of that section.
(2) In subsection (1) “a relevant child” means a child with special educational needs—
(a) for whom a local education authority in Wales maintains a statement under section 324 of the Education Act 1996 (statement of special educational needs), or
(b) for whom no local education authority maintains such a statement and who is in the area of a local education authority in Wales.
(3) On the coming into force of section 146 the Welsh Ministers are deemed to have consented, under section 347(5)(b) of the Education Act 1996, to the child being educated at the school.
(4) The Welsh Ministers may withdraw consent deemed to have been given under subsection (3) as if it had in fact been given.
(5) In this section “child” has the same meaning as in Part 4 of the Education Act 1996 (see section 312(5) of that Act).