Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Children and schools
Children with special educational needs etc
In section 5 of EA 2005 (duty to inspect certain schools in England at prescribed intervals), after subsection (5) there is inserted—
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Exceptional provision for ill or excluded children etc
Section 19 of EA 1996 (exceptional provision of education in short stay schools or elsewhere) is amended as follows.
After subsection (1) there is inserted—
For subsection (3A) there is substituted—
In subsection (3B)—
for “The education referred to in subsection (3A)” there is substituted “ Regulations may provide that the education to be provided for a child in pursuance of arrangements made by a local authority in England under subsection (1) ”;
for “regulations” there is substituted “ the regulations ”.
Powers of governing bodies
In section 27 of EA 2002 (power of governing body to provide community facilities etc), after subsection (1) there is inserted—
In section 50 of SSFA 1998 (effect of financial delegation), after subsection (3) there is inserted—
In subsection (4) of that section, for “In subsection (3) “purposes of the school”” there is substituted “ In the case of a school in Wales, “purposes of the school” in subsection (3) ”.
In section 51A of SSFA 1998 (expenditure incurred for community purposes), in subsections (1) and (2), after “a maintained school” there is inserted “ in Wales ”.
The governing body of a maintained school in England may—References in this subsection to a company are to a company registered under the Companies Act 2006 as a company limited by guarantee.
form, or participate in forming, a company to enter into Academy arrangements, and
do anything which appears to them to be necessary or expedient in connection with a proposal that Academy arrangements be entered into with a company formed (or proposed to be formed) by them under paragraph (a).
The governing body of a maintained school in England—
may be a member of a company which they have formed, or participated in forming, under subsection (1)(a), and
may be a member of a company which is not within paragraph (a) but which is party to Academy arrangements.
The power conferred by subsection (1)(b) includes, in particular, power—
to incur expenditure;
to enter into arrangements or agreements with any person.
This section is not to be read as limiting any powers that the governing body of a maintained school have otherwise than by virtue of this section.
In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
Paragraph 3 of Schedule 1 to EA 2002 (powers of governing body) is amended as follows.
After sub-paragraph (2) there is inserted—
In sub-paragraph (3)—
in the words before paragraph (a), for “and (2)” there is substituted “ , (2) and (2A) ”;
in paragraph (f), after “sub-paragraph (2)” there is inserted “ or (2A) ”.
After section 11 of EIA 2006 there is inserted—
Local Safeguarding Children Boards
After section 14A of CA 2004 (LSCBs in England: annual reports) there is inserted—
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After section 15 of CA 2004 (funding of LSCBs in England) there is inserted—
Family proceedings
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Miscellaneous and final provisions
Miscellaneous
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In section 111 of ESA 2008 (fees for inspections of independent educational institutions by Chief Inspector), in subsection (6) (institutions to which the section applies), for “any registered independent educational institution that is not” there is substituted “ any independent educational institution that is registered, or is the subject of an application to be registered, other than ”.
Final provisions
In this Act—“EA 1996” means the Education Act 1996;“SSFA 1998” means the School Standards and Framework Act 1998;“EA 2002” means the Education Act 2002;“CA 2004” means the Children Act 2004;“EA 2005” means the Education Act 2005;“EIA 2006” means the Education and Inspections Act 2006;“ESA 2008” means the Education and Skills Act 2008;“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning Act 2009.
EA 1996 and section 5 of this Act are to be read as if that section were contained in that Act.
Schedules 3 (minor and consequential amendments) and 4 (repeals) have effect.
There is to be paid out of money provided by Parliament—
any expenditure under this Act of a Minister of the Crown;
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.
Until a section 162(1)(a) order comes into force, a reference to a local authority in any provision of this Act (including any provision inserted by this Act in another Act) is to be read as a reference to a local education authority.
In subsection (1) “section 162(1)(a) order” means an order under subsection (1) of section 162 of EIA 2006 containing provision made by virtue of paragraph (a) of that subsection (power to replace statutory references to local education authorities with references to local authorities).
This Act does not extend to Scotland or (subject to subsection (2)) to Northern Ireland.
An amendment or repeal by this Act of a provision that extends to Northern Ireland has the same extent as the provision amended or repealed.
Section 23 comes into force at the end of the period of 2 months beginning with the day on which this Act is passed.
Section 9 comes into force on whatever day the Welsh Ministers appoint by order made by statutory instrument.
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The other provisions of this Act come into force on whatever day or days the Secretary of State appoints by order made by statutory instrument.
An order under subsection (3)... or (5)—
may make different provision for different purposes or different areas;
may make incidental, consequential, supplemental, transitional or transitory provision or savings.
This Act may be cited as the Children, Schools and Families Act 2010.
This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.
Amendments of Part 2 relating to sensitive personal information
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Sensitive personal information
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Minor and consequential amendments
Children and schools
Education Act 1996 (c. 56)
In section 19 (exceptional provision of education in short stay schools or elsewhere), in subsections (2)(a) and (2B)(a), for “such children” there is substituted “ children falling within subsection (1) ”.
Section 580 (index) is amended as follows.
In the entry for “sex education”, for “section 352(3)” there is substituted “ section 579(1) ”.
Family proceedings
Children and Young Persons Act 1933 (c. 12)
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Administration of Justice Act 1960 (c. 65)
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Magistrates' Courts Act 1980 (c. 43)
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Matrimonial and Family Proceedings Act 1984 (c. 42)
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Children Act 1989 (c. 41)
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Adoption and Children Act 2002 (c. 38)
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Courts Act 2003 (c. 39)
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Repeals
Children and schools
In section 19(6)—the definition of “relevant school”; in the definition of “suitable education”, the words “(and “suitable full-time education” is to be read accordingly)”.
Family proceedings
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