Office of Public Sector Information
PART 5 continued CHAPTER 2 continued
“protected change” means a change which the adjudicator has decided under section 88J(4)(a) is to be a protected change for the purposes of this section;
“the protected provisions”, in relation to any admission arrangements, means provisions corresponding to—
provisions so far as implementing a protected change, or
provisions so far as revised in accordance with regulations under subsection (6);
“the required number” means such number as may be prescribed or such lesser number as is specified by the adjudicator under section 88J(4)(b) in relation to a particular protected change.
(3) The admission authority for the school—
(a) must incorporate the protected provisions in determining the admission arrangements for each of the required number of school years following the school year mentioned in subsection (1)(a), and
(b) may not vary those arrangements in such a way as to alter the protected provisions.
(4) Subsection (3) does not apply to the extent that—
(a) the admission authority are required to determine or vary their admission arrangements in a way which alters the protected provisions in order to comply with any duty imposed on them by regulations under section 88B, or
(b) the arrangements may be determined or varied in a way which alters those provisions in accordance with regulations under subsection (6).
(5) Regulations may exclude or modify any provision of section 88C, 88E or 88F in its application to cases to which this section applies.
(6) Regulations may prescribe circumstances in which, in a case where this section applies, an admission authority may refer to the adjudicator proposals to determine or vary their admission arrangements in a way which alters the protected provisions.
(7) Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (6).
(1) Regulations may require a local education authority in England—
(a) to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and
(b) to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.
(2) Subject to subsection (3), the Secretary of State may make, in relation to the area of a local education authority in England and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.
(3) A scheme may not be made under subsection (2) in relation to a local education authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—
(a) a scheme formulated by the local education authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and
(b) the authority provide the Secretary of State with a copy of the scheme and inform the Secretary of State that the scheme has been so adopted.
(4) Regulations may provide—
(a) that each local education authority in England must secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school is to be communicated to the parent of the child except on a single day, designated by the local education authority, in each year, or
(b) that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school in England to offer or refuse a child admission to the school is not to be communicated to the parent of the child except on a prescribed day.
(5) In this section
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“qualifying scheme” means a scheme that meets prescribed requirements.
(6) Nothing in this section applies in relation to arrangements for the admission to maintained schools of pupils—
(a) who—
(i) have ceased to be of compulsory school age, or
(ii) will have ceased to be of compulsory school age before education is provided for them at the school, or
(b) for the purpose of receiving sixth form education.
(1) Regulations may make provision about the contents of schemes under section 88M(2), including provision about the duties that may be imposed by such schemes on—
(a) local education authorities in England, and
(b) the admission authorities for maintained schools in England.
(2) Regulations may provide that where a local education authority in England or the governing body of a maintained school in England have, in such manner as may be prescribed, adopted a scheme formulated by a local education authority for the purpose mentioned in section 88M(1)(a), sections 496 and 497 of the Education Act 1996 are to apply as if any obligations imposed on the local education authority or governing body under the scheme were duties imposed on them by that Act.
(3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in England falls to be made in prescribed circumstances, the decision must, if a scheme adopted or made by virtue of section 88M so provides, be made by the local education authority regardless of whether they are the admission authority for the school.
(4) Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the local education authority although they are not the admission authority, the governing body of the school must implement the decision.
(5) Before proposing a scheme for adoption under section 88M(1) a local education authority must comply with such requirements as to consultation as may be prescribed.
(6) Regulations under subsection (5) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.
(7) Before making a scheme under section 88M(2) in relation to the area of any local education authority, the Secretary of State must consult—
(a) the local education authority, and
(b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.
(8) A scheme made under section 88M(2) may be varied or revoked by the Secretary of State.
The Secretary of State may by regulations require local education authorities in England to provide other local education authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.
(1) A local education authority in England must make such reports to the adjudicator about such matters connected with relevant school admissions as may be prescribed.
(2) In subsection (1) “relevant school admissions”, in relation to a local education authority, means—
(a) the admission of pupils to relevant schools in the authority’s area;
(b) the admission of pupils in the authority’s area to other relevant schools;
(c) the entry to the sixth form of pupils who have been admitted to relevant schools in the authority’s area; and
(d) the entry to the sixth form of pupils in the authority’s area who have been admitted to other relevant schools.
(3) In this section, “relevant school” means—
(a) a maintained school,
(b) an Academy,
(c) a city technology college, or
(d) a city college for the technology of the arts.
(4) The matters which may be prescribed under subsection (1) in relation to a report by a local education authority include, in particular, matters relating to—
(a) the determination and operation of admission arrangements for maintained schools in the area of the local education authority;
(b) the determination and operation of arrangements for the admission of pupils to Academies, city technology colleges and city colleges for the technology of the arts in the area of the local education authority;
(c) the adoption and operation of any scheme, whether or not formulated by the local education authority and whether under section 88M or otherwise, for co-ordinating—
(i) the admission of pupils to relevant schools in their area,
(ii) the admission of pupils in their area to other relevant schools.
(5) Regulations under subsection (1) may make provision as to—
(a) the time by which any report under that subsection must be made; and
(b) the form and content of any such report;
and may, in particular, require a report to include a statement as to whether or not admission arrangements for maintained schools in the area of the local education authority conform with the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England.
(1) A relevant person must, on request, provide a local education authority in England with such information as the authority may reasonably require for the purpose of enabling the authority to fulfil their duties under section 88P.
(2) In subsection (1), “relevant person”, in relation to a local education authority, means—
(a) an admission authority (other than the local education authority) for a maintained school in the area of the local education authority;
(b) the admission forum for the area of the local education authority;
(c) any member of an appeal panel constituted under section 94 by—
(i) the local education authority, or
(ii) the governing body of a foundation or voluntary aided school in the area of the local education authority;
(d) the proprietor of—
(i) an Academy,
(ii) a city technology college, or
(iii) a city college for the technology of the arts,
in the area of the local education authority;
(e) any other local education authority in England;
(f) such other person as may be prescribed.”
(1) Section 94 of the School Standards and Framework Act 1998 (c. 31) (appeal arrangements: general) is amended as follows.
(2) In subsection (1)—
(a) for “the parent of a child” substitute “the appropriate person”;
(b) before paragraph (a) insert—
“(za) in a case where the local education authority are the admissions authority, any decision made by or on behalf of the authority refusing a child admission to a school,”;
(c) in paragraph (a)—
(i) for “any decision” substitute “any other decision”, and
(ii) for “the child” substitute “a child”;
(d) in paragraph (b), for “the child” substitute “a child”.
(3) In subsection (1A), for “the parent of” substitute “the appropriate person in relation to”.
(4) In subsection (2)—
(a) for “the parent of a child” substitute “the appropriate person”;
(b) for “the child” substitute “a child”.
(5) In subsection (2A), for “the parent of” substitute “the appropriate person in relation to”.
(6) After that subsection insert—
“(2B) In this section, “the appropriate person”, in relation to a child, means—
(a) in the case of a decision about sixth form education for the child any of the following—
(i) the child;
(ii) a parent of his;
(iii) the child and a parent of his, acting jointly;
(but subject to regulations made under subsection (5A));
(b) in any other case, a parent of the child.”
(7) In subsection (5A), after paragraph (a) insert—
“(aa) in cases where separate appeals are made by a parent and a child against a decision about sixth form education for the child, for the appeals to be joined, or otherwise for securing that no more than one appeal against the decision is proceeded with;”.
(8) After subsection (6) insert—
“(6A) In this section, any reference to a decision about sixth form education for a child is a reference to a decision—
(a) made in relation to a preference expressed in accordance with arrangements made under section 86A(1) as to where education should be provided for the child, or
(b) refusing permission for the child to enter the sixth form of the school to which he has been admitted.”
(1) After section 98 of the School Standards and Framework Act 1998 (c. 31) insert—
(1) In this Chapter, “sixth form education” means secondary education suitable to the requirements of pupils who are over compulsory school age.
(2) References in this Chapter, in relation to a child who has been admitted to a school, to his entering the school’s sixth form are to his being transferred to a class at the school in which sixth form education is provided from a class in which such education is not so provided.”
(2) In relation to a code for school admissions issued under section 84(1) of the School Standards and Framework Act 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of that Act may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.
After section 29 of the Education Act 2002 (c. 32) insert—
(1) The governing body of a maintained school in England may require any registered pupil to attend at any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.
(2) In subsection (1) “maintained school” does not include a maintained nursery school.
(3) Regulations must make provision—
(a) requiring prescribed persons to be given prescribed information relating to the imposition of any requirement under subsection (1), and
(b) requiring the governing body of the school to keep under review the imposition of any such requirement.
(4) Regulations under this section may also make provision—
(a) requiring a governing body exercising functions under subsection (1) or under the regulations to have regard to any guidance given from time to time by the Secretary of State,
(b) prohibiting a governing body from exercising the power conferred by subsection (1) in such a way that any pupil is required to receive educational provision outside the school premises for a greater number of days in a school year than is specified in the regulations,
(c) requiring the governing body to request prescribed persons to participate in any review of the imposition of a requirement under subsection (1),
(d) about the time within which the first review must be held and the intervals at which subsequent reviews must be held, and
(e) in relation to any other matter relating to the exercise of the power conferred by subsection (1).”
(1) Section 444ZA of the Education Act 1996 (c. 56) (application of section 444 to alternative education provision) is amended as follows.
(2) After subsection (1) insert—
“(1A) Where—
(a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a relevant school in England,
(b) the child remains for the time being a registered pupil at the school,
(c) the appropriate authority for the school has made arrangements under section 19 above or section 100 of the Education and Inspections Act 2006 for the provision of full-time education for the child otherwise than at the school or at the child’s home during the period of exclusion, and
(d) notice in writing of the arrangements has been given to the child’s parent,
subsections (1) to (7) of section 444 have effect during that period as if the child were not a registered pupil at the school and as if the place at which the education is provided were a school and the child were a registered pupil at that school (so far as that would not otherwise be the case).
(1B) Where—
(a) a child of compulsory school age who is a registered pupil at a relevant school in England is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any educational provision, and
(b) notice in writing of the requirement has been given to the child’s parent,
subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (in addition to being a registered pupil at the school mentioned in paragraph (a)).
(1C) Subsection (1B) does not apply if—
(a) the place at which the child is required to attend is another relevant school (whether in England or elsewhere), and
(b) the child is a registered pupil at that other school.
(1D) In relation to a maintained school or a pupil referral unit—
(a) references in subsection (1A) to exclusion are references to exclusion under section 52 of the Education Act 2002, and
(b) the requirement referred to in subsection (1B) is a requirement imposed under section 29(3) or 29A(1) of that Act.”
(3) In subsection (2)(a), after “relevant school” insert “in Wales”.
(4) In subsection (4)—
(a) in paragraph (a), after “within subsection (1)” insert “or (1A)”;
(b) in paragraph (b), after “within subsection” insert “(1B) or”;
(c) in the words following that paragraph, after “(1)(b)” insert “, (1A)(d), (1B)(b)”.
(5) In subsection (5), after “(1)(b)” insert “, (1A)(d), (1B)(b)”.
(6) In subsection (6), after “subsection (1)” (in both places) insert “or (1A)”.
(7) In subsection (7)—
(a) after paragraph (a) insert—
“(aa) in relation to a place at which education is provided as mentioned in subsection (1A) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school;”;
(b) in paragraph (b), after “subsection” insert “(1B)(a) or”.
(1) In section 88 of the Education Act 2002 (c. 32) (implementation of the National Curriculum for England in schools), in the existing provision (which becomes subsection (1)), at the end insert—
“This subsection does not apply in relation to assessment arrangements.”
(2) After that subsection insert—
“(1A) In relation to any maintained school—
(a) the local education authority and the governing body must exercise their functions with a view to securing, and
(b) the head teacher must secure,
that the assessment arrangements specified for the time being in the National Curriculum for England are implemented.”
After section 29A of the Education Act 2002 insert—
(1) The governing body of a maintained school must invite the views of pupils about prescribed matters.
(2) In exercising any of their functions relating to the conduct of the school, the governing body of a maintained school must consider any relevant views of registered pupils at the school about matters prescribed under subsection (1) (whether expressed by virtue of that subsection or otherwise) and, in doing so, must have regard to the age and understanding of the pupils who expressed them.
(3) For the purposes of subsection (1), a governing body invite the views of pupils about a matter if they invite the views of—
(a) all registered pupils at the school,
(b) such of those pupils as appear to the governing body to be affected by the matter, or
(c) pupils appearing to the governing body to be representative of pupils within paragraph (a) or (b).
(4) The following are the matters that may be prescribed under subsection (1)—
(a) the exercise, or proposed exercise, of a function of the governing body of a maintained school relating to the conduct of the school;
(b) the exercise, or proposed exercise, of such a function in a particular way.
(5) In discharging their duties under subsections (1) and (2), the governing body of a maintained school must have regard to any guidance given from time to time—
(a) in relation to England, by the Secretary of State, or
(b) in relation to Wales, by the Welsh Ministers.
(6) In this section, “prescribed” means—
(a) in relation to England, prescribed by the Secretary of State;
(b) in relation to Wales, prescribed by the Welsh Ministers.
(7) Nothing in this section affects any power or duty relating to consulting pupils which a governing body of a maintained school have otherwise than under this section.”
In section 176 of the Education Act 2002 (c. 32) (consultation with pupils), subsection (1) is amended as follows—
(a) in paragraph (a) (duty of local education authorities), after “authority” insert “in Wales”;
(b) omit paragraph (b) (duty of governing bodies);
(c) for “the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales)” substitute “the Welsh Ministers”.
(1) Section 98 of the Learning and Skills Act 2000 (c. 21) (approved qualifications: England) is amended as follows.
(2) After subsection (2) insert—
“(2A) A body may be designated under subsection (2)(b) in relation to the giving of approvals under—
(a) section 96,
(b) section 97, or
(c) both of those sections.”
(3) Omit subsection (4) (which renders an approval given by a designated body ineffective unless the Secretary of State consents to the approval).
(1) Section 99 of the Learning and Skills Act 2000 (approved qualifications: Wales) is amended as follows.
(2) After subsection (2) insert—
“(2A) A body may be designated under subsection (2)(b) in relation to the giving of approvals under—
(a) section 96,
(b) section 97, or
(c) both of those sections.”
(3) Omit subsection (4) (which renders an approval given by a designated body ineffective unless the Welsh Ministers consent to the approval).
(1) The Education Act 1997 (c. 44) is amended as follows.
(2) Section 24 (functions of QCA in relation to external vocational and academic qualifications) is amended as follows.
(3) In subsection (2)—
(a) for paragraph (f) substitute—
“(ea) to develop and publish criteria for the recognition of persons who, as outside persons, award or authenticate such qualifications or credits in respect of components of such qualifications;
(eb) to recognise, where they meet such criteria, any such persons who apply to be recognised;
(f) to develop and publish criteria for the accreditation of such qualifications where they are awarded or authenticated by persons recognised under paragraph (eb);”;
(b) after paragraph (g) insert—
“(ga) to develop and publish rules and procedures for dealing with the effect on the continued accreditation of such qualifications where any person awarding or authenticating them ceases to be recognised;”.
(4) In subsection (4), for “(g)” substitute “(ga)”.
(5) In subsection (7)—
(a) in paragraph (a), after “a qualification” insert “or a credit in respect of a component of a qualification” and after “the qualification” insert “or component”;
(b) in paragraph (b), after “a qualification” insert “or a credit in respect of a component of a qualification”.
(6) Section 26 (supplementary provisions relating to discharge by QCA of their functions) is amended as follows.
(7) In subsection (3), after “the Authority” insert “recognise any person or”.
(8) In subsection (3A)—
(a) after “the Authority” insert “recognise any person or”;
(b) after “at the time of” insert “recognition or of”;
(c) after “conditions on” insert “recognition or”;
(d) after “continued” insert “recognition or”.
Education and Skills Act 2008