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Children, Schools and Families Act 2010

Consolidated Text As Enacted Cited authorities 38 Cited in Amendments 82 Related
Vincent
JurisdictionUK Non-devolved
Citation2010 c. 26
  • In section 5 of EA 2005 (duty to inspect certain schools in England at prescribed intervals) , after subsection (5) there is inserted—
    • pupils who have a disability for the purposes of the Equality Act 2010;pupils who have special educational needs.
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    • (1) Section 19 of EA 1996 (exceptional provision of education in short stay schools or elsewhere) is amended as follows.(2) After subsection (1) there is inserted—
    • “(1A) In relation to England, subsection (1) does not apply in the case of a child—
    • (a) who will cease to be of compulsory school age within the next six weeks, and
    • (b) does not have any relevant examinations to complete.
      • In paragraph (b) “relevant examinations” means any public examinations or other assessments for which the child has been entered.
    who will cease to be of compulsory school age within the next six weeks, anddoes not have any relevant examinations to complete.(3) For subsection (3A) there is substituted—
    • “(3A) In relation to England, the education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—
    • (a) full-time education, or
    • (b) in the case of a child within subsection (3AA) , education on such part-time basis as the authority consider to be in the child's best interests.
    full-time education, orin the case of a child within subsection (3AA) , education on such part-time basis as the authority consider to be in the child's best interests.A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.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 ”.(1) In section 27 of EA 2002 (power of governing body to provide community facilities etc) , after subsection (1) there is inserted—
    • “(1A) At least once in every school year the governing body of a maintained school in England shall consider whether, and if so how, they should exercise the power under subsection (1) .
    At least once in every school year the governing body of a maintained school in England shall consider whether, and if so how, they should exercise the power under subsection (1) .(2) In section 50 of SSFA 1998 (effect of financial delegation) , after subsection (3) there is inserted—
    • “(3A) In the case of a school in England—
    • (a) subject to regulations under paragraph (b) below, subsection (3) (a) has effect as if amounts spent on providing facilities or services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc) were spent for purposes of the school;
    • (b) regulations may impose restrictions as to the matters on which amounts may be spent under subsection (3) (a) .
    subject to regulations under paragraph (b) below, subsection (3) (a) has effect as if amounts spent on providing facilities or services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc) were spent for purposes of the school;regulations may impose restrictions as to the matters on which amounts may be spent under subsection (3) (a) .(3) 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) ”.(4) 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 ”.form, or participate in forming, a company to enter into F1Academy arrangements , anddo anything which appears to them to be necessary or expedient in connection with a proposal that F2Academy arrangements be entered into with a company formed (or proposed to be formed) by them under paragraph (a) .may be a member of a company which they have formed, or participated in forming, under subsection (1) (a) , andmay be a member of a company which is not within paragraph (a) but which is party to F3Academy arrangements .to incur expenditure;to enter into arrangements or agreements with any person.(4) 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.(5) In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.

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