Education Bill (HL Bill 67)

Education BillPage 30

(b) in subsection (2), for “any of sections 43(3), 44(9) and 45(3)” substitute
“42A(1) or (4)”;

(c) in the heading, at the end insert “: schools in England”.

(7) In section 45B (provision of curriculum information), in the heading, at the end
5insert “: Wales”.

(8) In section 46—

(a) in subsection (1), for the words from “43” to “44(10)(a)(i)” substitute
“42A, 43 or 44 by substituting for the period specified in section 42A(6),
43(5) or 44(10)(a)(i)”;

(b) 10after subsection (2) insert—

(2A) The Secretary of State may by regulations make provision for
requiring—

(a) the governing bodies of institutions in England within
the further education sector, and

(b) 15the principals or other heads of such institutions,

to secure that careers guidance is provided for any specified
description of persons attending such institutions.;

(c) in subsection (3)(a), after “institutions” insert “in Wales”;

(d) in subsection (5), after the definition of “careers education” insert—

  • 20“careers guidance” has the same meaning as in section
    42A;.

(9) In consequence of the amendments made by subsections (1) to (8), omit—

(a) paragraph 71 of Schedule 9 to LSA 2000;

(b) paragraph 8 of Schedule 7 to EA 2002;

(c) 25section 81(2) and (3) of ESA 2008;

(d) section 250 of ASCLA 2009.

Repeal of the diploma entitlement

28 Repeal of diploma entitlement for 16 to 18 year olds

(1) In section 45 of ASCLA 2009 (local authority duties in relation to the core and
30additional entitlements), the provisions to be inserted into EA 1996 are
amended as set out in subsections (2) to (6).

(2) In the italic cross-heading above section 17A, for “core and additional
entitlements
” substitute “core entitlement”.

(3) In section 17A (duties in relation to the core and additional entitlements)—

(a) 35in subsection (1), for “core entitlement and the additional entitlement
are” substitute “core entitlement is”;

(b) omit subsections (2) to (5);

(c) in subsection (7), omit the definitions of “additional entitlement area”
and “the additional entitlement”;

(d) 40omit subsection (8);

(e) in subsection (9)—

(i) for “references in subsections (1) and (2)” substitute “reference
in subsection (1)”;

(ii) for “do” substitute “does”;

Education BillPage 31

(f) in the heading, for “core and additional entitlements” substitute “core
entitlement”.

(4) Omit section 17B (election for either core entitlement or additional
entitlement).

(5) 5In section 17C (the core entitlement)—

(a) before subsection (1) insert—

(A1) A person over compulsory school age but under 19 has the core
entitlement.;

(b) in subsection (1), for “electing for” substitute “who has”;

(c) 10after subsection (4) insert—

(5) In this section “course of study” means a course of education or
training leading to a qualification specified, or a qualification of
a description specified, by the Secretary of State by order for the
purposes of this subsection.

(6) 15Omit section 17D (the additional entitlement).

(7) In section 48 of ASCLA 2009 (provision of education for persons subject to
youth detention), in the section 18A to be inserted into EA 1996—

(a) in subsection (2)(e), omit “and the additional entitlement” and “who
have elected for them”;

(b) 20for subsection (4) substitute—

(4) Section 17C (the core entitlement) applies for the purposes of
subsection (2)(e).

(8) In section 86 of ASCLA 2009 (duties of Chief Executive of Skills Funding in
respect of persons aged 19 or over or subject to adult detention)—

(a) 25in subsection (4)(h), omit “and the additional entitlement” and “who
have elected for them;

(b) for subsection (8) substitute—

(8) Section 17C of the Education Act 1996 (the core entitlement)
applies for the purposes of subsection (4)(h).

29 30Repeal of diploma entitlement for fourth key stage

(1) Section 74 of EIA 2006 (curriculum requirements for the fourth key stage) is
amended as follows.

(2) In subsection (1), in the new section 85A to be inserted into EA 2002—

(a) in subsection (1), for the words from “do either of the following” to the
35end substitute “follow a course of study in a subject within each of such
one or more of the four entitlement areas specified in subsection (2) as
the pupil may choose.”;

(b) in subsection (2), for “(1)(a)” substitute “(1)”;

(c) in subsection (4), for the words after “satisfied” substitute “if a course
40of study in a subject within each of the entitlement areas specified in
subsection (2) is made available to the pupil by or on behalf of the
school at which the pupil is a registered pupil.”;

(d) in subsection (5), for “(1)(a) or (b)” substitute “(1)”;

Education BillPage 32

(e) in subsection (6), for the words after “means” substitute “a course of
education or training which leads to such qualification as the governing
body may choose from among those approved under section 98 of the
Learning and Skills Act 2000 for the purposes of section 96 of that Act.”

(3) 5Omit subsection (3).

Part 5 Educational institutions: other provisions

Repeal of duties of governing bodies, local authorities and others

30 Duties to co-operate with local authority

(1) 10Section 10 of the Children Act 2004 (children’s services in England: co-
operation to improve well-being) is amended as follows.

(2) In subsection (4) (persons and bodies under duty to co-operate with local
authority), omit paragraphs (fa) to (fd) (governing bodies and proprietors of
schools and FE institutions).

(3) 15Omit subsection (10).

(4) In subsection (11), omit the definitions of “governing body”, “institution within
the further education sector”, “maintained school” and “proprietor”.

31 Duties to have regard to children and young people’s plan

(1) In section 47A of SSFA 1998 (schools forums), omit subsections (3A) and (10)
20(duty of schools forum to have regard to children and young people’s plan).

(2) In section 21 of EA 2002 (general responsibility of governing body of
maintained school for conduct of school)—

(a) in subsection (6) (duty to have regard to relevant children and young
people’s plan) after “maintained school” insert “in Wales”;

(b) 25for subsection (9) substitute—

(9) In this section “relevant children and young people’s plan”
means—

(a) any plan published by the local authority under section
26 of the Children Act 2004 (children and young
30people’s plans: Wales), or

(b) in a case where the local authority are not required by
regulations under that section to prepare and publish a
plan, any plan which is published by the authority and
sets out their strategy for discharging their functions in
35relation to children and relevant young persons within
the meaning of that section.;

(c) omit subsection (10).

(3) In section 28 of that Act (limits on governing body’s power to provide
community facilities etc)—

(a) 40in subsection (4A) (duty to have regard to relevant children and young
people’s plan) after “maintained school” insert “in Wales”;

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(b) in subsection (4C) omit “also”.

(4) In consequence of the amendments made by subsections (1) to (3), omit section
194(8) and (9) of ASCLA 2009.

32 Duty to prepare and publish school profile

(1) 5Section 30A of EA 2002 (duty of governing body of maintained school in
England to prepare and publish school profile) is repealed.

(2) In consequence of subsection (1), section 104 of EA 2005 (insertion of section
30A of EA 2002) is repealed.

33 Duty to appoint school improvement partners

(1) 10Section 5 of EIA 2006 (requirement for local authority to appoint school
improvement partner for each school they maintain) is repealed.

(2) In consequence of subsection (1), in section 187(3) of EIA 2006 (provisions to be
read as if they were contained in EA 1996), omit paragraph (a).

34 Duties in relation to school admissions

(1) 15Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) In section 85A (admission forums)—

(a) in subsection (1)—

(i) in the opening words, after “authority” insert “in Wales”;

(ii) at the end of paragraph (a), insert “and”;

(iii) 20omit paragraph (c) (and the “and” preceding it”);

(b) omit subsections (1A) to (1C);

(c) in subsection (3), omit paragraph (ba) (but not the “and” following it);

(d) omit subsection (3A);

(e) omit subsections (5A) and (5B).

(3) 25Section 88J (changes to admission arrangements by schools adjudicator) is
repealed.

(4) In section 88P (reports by local authorities)—

(a) in subsection (1)—

(i) omit “to the adjudicator”;

(ii) 30for “prescribed” substitute “required by the code for school
admissions”;

(b) omit subsections (4) and (5);

(c) in the heading, omit “to adjudicator”.

(5) Schedule 10 (consequential amendments) has effect.

35 35Duties in relation to school meals etc

(1) Part 9 of EA 1996 (ancillary functions) is amended as follows.

(2) In section 512ZA (power to charge for meals etc)—

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(a) after subsection (1) insert—

(1A) Where a local authority in England exercise the power to charge
under subsection (1), the price they charge for an item must not
exceed the cost of providing that item.;

(b) 5in subsection (2), after “authority” insert “in Wales”.

(3) In section 533 (functions of governing bodies of maintained schools with
respect to provision of school meals etc)—

(a) after subsection (3) insert—

(3A) Where the governing body of a school in England exercise the
10power to charge under subsection (3), the price they charge for
an item must not exceed the cost of providing that item.;

(b) in subsection (4), after “school” insert “in Wales”.

New schools

36 Establishment of new schools

15Schedule 11 (establishment of new schools) has effect.

Governing bodies: constitution and dissolution

37 Constitution of governing bodies: maintained schools in England

(1) Section 19 of EA 2002 (governing bodies) is amended as follows.

(2) After subsection (1) insert—

(1A) 20Regulations must provide for a governing body of a maintained school
in England to consist of—

(a) persons elected or appointed as parent governors,

(b) the head teacher of the school,

(c) in the case of a foundation school, a foundation special school
25or a voluntary school, persons appointed as foundation
governors or partnership governors, and

(d) such other persons as may be prescribed.

(3) In subsection (2), after “governing body” insert “of a maintained school in
Wales”.

(4) 30After subsection (4) insert—

(4A) Regulations made by virtue of subsection (3)(e) in relation to a
maintained school in England may include provision allowing the head
teacher of the school to resign from office as a governor (and to
withdraw any such resignation).

38 35Discontinuance of federated school: governing body not to be dissolved

In paragraph 5 of Schedule 1 to EA 2002 (dissolution of school governing body
on discontinuance of school), after sub-paragraph (1) insert—

(1A) Sub-paragraph (1) does not apply if—

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(a) the school is a federated school in England, and

(b) immediately after the discontinuance date, there will be more
than one other school remaining in the federation.

(1B) “Federation” and “federated school” have the meanings given by
5section 24(2).

Standards

39 School inspections: exempt schools

(1) Part 1 of EA 2005 (school inspections and other inspections by school
inspectors) is amended as follows.

(2) 10In section 5 (duty to inspect certain schools at prescribed intervals)—

(a) in subsection (2), for “subsection (3)” substitute “subsections (3) and
(4A)”;

(b) after subsection (4), insert—

(4A) Regulations may provide that this section does not apply to
15prescribed categories of school in prescribed circumstances.

(4B) A school to which this section does not apply by virtue of
regulations under subsection (4A) is an “exempt school”.

(3) In section 6 (duty to notify parents of section 5 inspection), in subsection (1)—

(a) omit “to which section 5 applies”;

(b) 20for “that section” substitute “section 5”.

(4) In section 8 (other inspections), at the end insert—

(3) If the Chief Inspector carries out an inspection of a school under
subsection (2) in response to a request from the appropriate authority
for the school, the Chief Inspector may charge the appropriate
25authority for the cost of the inspection.

(4) In subsection (3), “appropriate authority” has the meaning given by
section 6(3).

(5) In section 9 (power of Chief Inspector to treat other inspection as section 5
inspection)—

(a) 30the existing provision is renumbered subsection (1);

(b) at the end insert—

(2) In the case of an inspection of an exempt school under section 8,
the Chief Inspector may elect to treat the inspection for the
purposes of subsections (5) to (5B) and (7) of section 5, sections
356 and 7 and Chapter 2 as if it were an inspection under section 5.

(3) In the case of an inspection of an exempt school under section
8(1), the Secretary of State may require the Chief Inspector to
treat the inspection for the purposes of subsections (5) to (5B)
and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were
40an inspection under section 5.

(4) In the case of an inspection of a school under section 8(2) which
is carried out in response to a request from the appropriate

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authority for the school, the Chief Inspector must treat the
inspection for the purposes of subsections (5) to (5B) and (7) of
section 5, sections 6 and 7 and Chapter 2 as if it were an
inspection under section 5.

(5) 5In subsection (4), “appropriate authority” has the meaning
given by section 6(3).;

(c) in the heading, for “of Chief Inspector” substitute “or duty”.

(6) In section 12 (interpretation of Chapter 1), after the definition of “the Chief
Inspector” insert—

  • 10“exempt school” has the meaning given in section 5(4B);.

(7) In section 15 (measures to be taken by local authority), in subsection (2C) for
the words from “in respect of” to the end substitute “which is not treated as a
section 5 inspection by virtue of section 9”.

(8) In section 17 (statement to be prepared by proprietor of school), in subsection
15(1D) for the words from “in respect of” to the end substitute “which is not
treated as a section 5 inspection by virtue of section 9”.

40 School inspections: matters to be covered in Chief Inspector’s report

(1) In section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals),
for subsections (5) and (5A) (matters for report), substitute—

(5) 20It is the general duty of the Chief Inspector, when conducting an
inspection under this section, to report on the quality of education
provided in the school.

(5A) The Chief Inspector’s report under subsection (5) must in particular
cover—

(a) 25the achievement of pupils at the school;

(b) the quality of teaching in the school;

(c) the quality of the leadership in and management of the school;

(d) the behaviour and safety of pupils at the school.

(5B) In reporting under subsection (5), the Chief Inspector must consider—

(a) 30the spiritual, moral, social and cultural development of pupils
at the school;

(b) the extent to which the education provided at the school meets
the needs of the range of pupils at the school, and in particular
the needs of—

(i) 35pupils who have a disability for the purposes of the
Equality Act 2010, and

(ii) pupils who have special educational needs.

(2) In consequence of subsection (1), section 154 of EIA 2006 (amendments of
section 5(5) of EA 2005) is repealed.

41 40Inspection of further education institutions: exempt institutions

(1) Chapter 3 of Part 8 of EIA 2006 (inspection of further education and training
etc) is amended as follows.

(2) In section 125 (inspection of further education institutions)—

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(a) in subsection (1), at the end insert “subject to subsection (1A)”;

(b) after that subsection insert—

(1A) The Secretary of State may by regulations provide that the duty
of the Chief Inspector in subsection (1) does not apply to
5prescribed categories of institution in prescribed circumstances.

(1B) An institution to which the duty in subsection (1) does not
apply by virtue of regulations under subsection (1A) is an
“exempt institution”.;

(c) in subsection (2), for “The inspections” substitute “Inspections under
10subsection (1)”.

(3) Section 126 (other inspections) is amended as set out in subsections (4) to (9).

(4) After subsection (1), insert—

(1A) The Chief Inspector must inspect an exempt institution if requested to
do so by the Secretary of State.

(5) 15After subsection (2) insert—

(2A) On completing an inspection under subsection (1) or (1A) conducted in
response to a request from the Secretary of State or any other person or
body, the Chief Inspector must—

(a) make a written report on the inspection;

(b) 20arrange for the report to be published in such manner as the
Chief Inspector considers appropriate.

(6) In subsection (3), after “this section” insert “conducted in any other case”.

(7) In subsection (4), after “subsection (1)” insert “or (1A)”.

(8) After subsection (5) insert—

(5A) 25In the case of an inspection conducted under subsection (1) in response
to a request from the provider of the education or training concerned,
the Chief Inspector may charge the provider for the cost of the
inspection.

(9) At the end, insert—

(8) 30In this section “exempt institution” has the meaning given by section
125(1B).

(10) In section 127 (action plans), in subsection (1) at the end insert “or (1A)”.

42 Inspection of boarding accommodation

(1) Part 12 of the Children Act 1989 (miscellaneous and general) is amended as
35follows.

(2) In section 87 (welfare of children in boarding schools and colleges)—

(a) after subsection (1), insert—

(1A) For the purposes of this section and sections 87A to 87D, a
school or college provides accommodation for a child if—

(a) 40it provides accommodation for the child on its own
premises, or

Education BillPage 38

(b) it arranges for accommodation for the child to be
provided elsewhere (other than in connection with a
residential trip away from the school).;

(b) in subsection (3), for “he is accommodated” substitute “accommodation
5for the child is provided”;

(c) after subsection (3), insert—

(3A) Where accommodation is provided for a child by a school or
college in England, the Secretary of State may at any time
(including a time when the duty under subsection (3) is
10suspended by virtue of section 87A) direct the Chief Inspector
for England to take the steps referred to in subsection (3).

(3B) Where accommodation is provided for a child by a school or
college in Wales, the Welsh Ministers may, at any time when the
duty under subsection (3) is suspended by virtue of section 87A,
15take the steps referred to in subsection (3).;

(d) in subsection (5), for “its duty” substitute “any of its functions”;

(e) in subsection (9A), for “he is accommodated” substitute
“accommodation for the child is provided”.

(3) In section 87A (suspension of duty under section 87(3))—

(a) 20in subsection (1)(b), for “they are accommodated” substitute
“accommodation for the children is provided”;

(b) after subsection (4) insert—

(4A) The Secretary of State may by regulations specify matters that
must be taken into account in deciding whether to appoint a
25person to be an inspector for the purposes of this section in
relation to schools or colleges in England, or to terminate the
appointment of such a person under subsection (4)(b).

(4) After section 87B insert—

87BA Quality assurance of inspectors under section 87A

(1) 30The Chief Inspector for England must, at intervals of no more than a
year, prepare and send to the Secretary of State a report about
inspectors who are appointed under section 87A in relation to schools
or colleges in England.

(2) In preparing a report under this section the Chief Inspector for England
35must have regard to such matters as the Secretary of State may direct.

(3) The Secretary of State may in particular give directions about—

(a) matters to be taken into account in preparing a report, and

(b) the form and contents of a report.

(5) In section 87C (boarding schools: national minimum standards), in subsection
40(1), for “in” substitute “by”.

43 Schools causing concern: powers of Secretary of State

(1) Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.

Education BillPage 39

(2) In section 68 (power of Secretary of State to direct closure of school), in
subsection (1), for “by virtue of section 62 (school requiring special measures)”
substitute “other than by virtue of section 60A”.

(3) In section 69A (power of Secretary of State to direct local authority to consider
5giving performance standards and safety warning notice)—

(a) omit subsection (5);

(b) for subsection (9) substitute—

(9) If the response states that the authority have decided not to give
a warning notice to the governing body in the specified terms—

(a) 10the response must set out the authority’s reasons for the
decision, and

(b) the Secretary of State may direct the authority to give the
warning notice to the governing body in those terms
(and to withdraw any previous warning notice given to
15the governing body under section 60).

(9A) If the Secretary of State directs the authority under subsection
(9)(b) to give a warning notice to the governing body in the
specified terms, the authority must—

(a) comply with the direction under subsection (9)(b) before
20the end of the period of 5 working days beginning with
the day on which that direction is given, and

(b) on the same day as they do so, give the Secretary of State
a copy of the notice.;

(c) in subsection (10), for “Subsection (8)(b) applies” substitute
25“Subsections (8)(b) and (9A)(b) apply”;

(d) after subsection (10) insert—

(11) A direction under this section must be in writing.;

(e) for the heading, substitute “Power of Secretary of State to direct local
authority to give performance standards and safety warning notice”.

44 30Complaints: repeal of power to complain to Local Commissioner

(1) Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are
repealed.

(2) In consequence of subsection (1)—

(a) in section 409 of EA 1996 (complaints and enforcement: maintained
35schools)—

(i) in subsection (1), after “authority” insert “in Wales” and after
“schools” insert “in Wales”;

(ii) in subsection (4), for “Secretary of State” substitute “Welsh
Ministers”;

(iii) 40in the heading, after “schools” insert “in Wales”;

(b) in section 496 of EA 1996 (power of Secretary of State to prevent
unreasonable exercise of functions), omit subsections (3) and (4);

(c) in section 497 of EA 1996 (Secretary of State’s general default powers),
omit subsections (4) and (5);

(d) 45in paragraph 6 of Schedule 1 (pupil referral units: complaints)—

(i) in sub-paragraph (3), after “local authority” insert “in Wales”
and after “unit” insert “in Wales”;