Education Bill (HL Bill 98)

(d) for subsection (3) substitute—

“(3) It is the duty of each of the following to secure that subsection
(1) is complied with—

(a) the governing body of the school or institution;

(b) 5its head teacher, principal or other head.”;

(e) in subsection (5), for ““careers education” and “16-18 education or
training”” substitute “and “careers education””.

(6) In section 45A (guidance as to discharge of duties)—

(a) in subsection (1), for “43(2)(a), (c) or (e)” substitute “42A(2)”;

(b) 10in 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
insert “: Wales”.

(8) 15In section 46 (extension or modification of provisions of sections 43 to 45)—

(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) after subsection (2) insert—

“(2A) 20The 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) the principals or other heads of such institutions,

25to 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—

• ““careers guidance” has the same meaning as in section
  3042A;”.

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

(d) 35section 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
additional entitlements), the provisions to be inserted into EA 1996 are
40amended 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) in 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”
5and “the additional entitlement”;

(d) omit subsection (8);

(e) in subsection (9)—

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

(ii) 10for “do” substitute “does”;

(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) 15In 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) 20after 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) 25Omit 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) 30for 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) 35in 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 40Repeal 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
end 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) 5in subsection (2), for “(1)(a)” substitute “(1)”;

(c) in subsection (4), for the words after “satisfied” substitute “if a course
of 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) 10in subsection (5), for “(1)(a) or (b)” substitute “(1)”;

(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) 15Omit 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) 20Section 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) 25Omit 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)
30(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) 35for 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
40people’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
relation to children and relevant young persons within
the meaning of that section.”;

(c) 5omit subsection (10).

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

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

(b) 10in 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) Section 30A of EA 2002 (duty of governing body of maintained school in
15England 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) Section 5 of EIA 2006 (requirement for local authority to appoint school
20improvement 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) Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) 25In 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) omit paragraph (c) (and the “and” preceding it);

(b) 30omit 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) Section 88J (changes to admission arrangements by schools adjudicator) is
35repealed.

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

(a) in subsection (1)—

(i) omit “to the adjudicator”;

(ii) for “prescribed” substitute “required by the code for school
40admissions”;

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

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

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

35 Duties in relation to school meals etc

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

(2) 5In section 512ZA (power to charge for meals etc)—

(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) 10in 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
15power 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

20Schedule 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) 25Regulations 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) a person elected as a staff governor,

(d) 30a person appointed as a local authority governor,

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

(f) such other persons as may be prescribed.”

(3) 35In subsection (2), after “governing body” insert “of a maintained school in
Wales”.

(4) After subsection (4) insert—

“(4A) Regulations made by virtue of subsection (3)(c) in relation to a
maintained school in England may include provision for eligibility
criteria for the school’s local authority governor to be such as may be
5specified by the school’s governing body.

(4B) 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 10Discontinuance 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—

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

(b) 15immediately 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
section 24(2).”

Standards

39 20 School inspections: exempt schools

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

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

(a) in subsection (2), for “subsection (3)” substitute “subsections (3) and
25(4A)”;

(b) after subsection (4), insert—

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

(4B) A school to which this section does not apply by virtue of
30regulations 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) for “that section” substitute “section 5”.

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

“(3) 35If 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
authority for the cost of the inspection.

(4) In subsection (3), “appropriate authority” has the meaning given by
40section 6(3).”

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

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

(b) at the end insert—

“(2) 5In 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
6 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
108(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
an inspection under section 5.

(4) In the case of an inspection of a school under section 8(2) which
15is carried out in response to a request from the appropriate
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) 20In 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—

• 25““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
30(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) 35It 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) 40the 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) the 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
5the needs of—

(i) pupils 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
10section 5(5) of EA 2005) is repealed.

41 Inspection 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)—

(a) 15in 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
prescribed categories of institution in prescribed circumstances.

(1B) 20An 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
subsection (1)”.

(3) 25Section 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) After subsection (2) insert—

“(2A) 30On 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) arrange for the report to be published in such manner as the
35Chief 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) In the case of an inspection conducted under subsection (1) in response
40to 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) In 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 5Inspection of boarding accommodation

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

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

(a) after subsection (1), insert—

“(1A) 10For the purposes of this section and sections 87A to 87D, a
school or college provides accommodation for a child if—

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

(b) it arranges for accommodation for the child to be
15provided elsewhere (other than in connection with a
residential trip away from the school).”;

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

(c) after subsection (3), insert—

“(3A) 20Where 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
suspended by virtue of section 87A) direct the Chief Inspector
for England to take the steps referred to in subsection (3).

(3B) 25Where 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,
take the steps referred to in subsection (3).”;

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

(e) 30in 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) in subsection (1)(b), for “they are accommodated” substitute
“accommodation for the children is provided”;

(b) 35after 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
person to be an inspector for the purposes of this section in
relation to schools or colleges in England, or to terminate the
40appointment of such a person under subsection (4)(b).”

(4) After section 87B insert—

“87BA Quality assurance of inspectors under section 87A

(1) The 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
must have regard to such matters as the Secretary of State may direct.

(3) 5The 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
(1), for “in” substitute “by”.

43 10Schools causing concern: powers of Secretary of State

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

(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) 15In section 69A (power of Secretary of State to direct local authority to consider
giving 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
20a warning notice to the governing body in the specified terms—

(a) the 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
25(and to withdraw any previous warning notice given to
the 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) 30comply with the direction under subsection (9)(b) before
the 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) 35in subsection (10), for “Subsection (8)(b) applies” substitute
“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
40authority to give performance standards and safety warning notice”.

44 Complaints: repeal of power to complain to Local Commissioner

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