Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 5 — General
67

section 78(3),
sections 96 and 97,
section 100, and
paragraph 3 of Schedule 15 (and section 99 so far as relating to that
paragraph); and
5
(c)
in this Part—
sections 119 to 122,
section 124,
this section, and
sections 126 to 128.
10
(2)
The following provisions of Part 4 come into force at the end of the period of
two months beginning with the day on which this Act is passed—
section 102,
sections 107 to 114, and
Schedule 17.
15
(3)
The following provisions come into force on 1st September 2005 or, if this Act
is passed after 1st July 2005, at the end of the period of two months beginning
with the day on which it is passed—
(a)
Part 3 (including Schedules 13 to 15), except the provisions specified in
subsection (1)(b), and
20
(b)
Part 3 of Schedule 19 (and section 123 so far as relating to that Part of
that Schedule).
(4)
The remaining provisions of this Act come into force in accordance with
provision made by the appropriate authority (as defined in section 126) by
order.
25
126
The appropriate authority by whom commencement order is made
(1)
This section has effect for determining who is the appropriate authority for the
purposes of section 125(4).
(2)
In relation to Part 1, the appropriate authority is—
(a)
the Secretary of State, for the following provisions—
30
Chapters 1 and 2 (including Schedule 1);
sections 48 and 49;
paragraphs 1 to 4 of Schedule 7 (and section 53 so far as relating to
those paragraphs);
paragraphs 1 to 5 and 25 of Schedule 9 (and section 61 so far as
35
relating to those paragraphs),
(b)
the Assembly, for the following provisions—
Chapters 3 and 4 (including Schedules 2 to 4);
section 50 (including Schedule 6);
section 52;
40
sections 55 to 57;
paragraph 5 of Schedule 7 (and section 53 so far as relating to that
paragraph);
paragraphs 6, 7, 22 to 24 and 26 of Schedule 9 (and section 61 so far
as relating to those paragraphs), and
45
(c)
for the other provisions of the Part—

Education Bill [HL]
Part 5 — General
68

(i)
in relation to England, the Secretary of State, and
(ii)
in relation to Wales, the Assembly.
(3)
In relation to Part 2, the appropriate authority is the Secretary of State.
(4)
In relation to Part 4, the appropriate authority is—
(a)
the Secretary of State, for the following provisions—
5
sections 103 and 104;
paragraph 8 of Schedule 16 (and section 101 so far as relating to
that paragraph);
paragraphs 2 to 4 of Schedule 18 (and section 117 so far as relating
to those paragraphs), and
10
(b)
for the other provisions of the Part—
(i)
in relation to England, the Secretary of State, and
(ii)
in relation to Wales, the Assembly.
(5)
In relation to section 123 and Schedule 19, the appropriate authority is—
(a)
the Secretary of State, for a repeal contained in Part 2 of the Schedule,
15
and
(b)
for a repeal contained in Part 1 or 4 of the Schedule, the appropriate
authority for the purposes of section 125(4) in relation to the provision
on which the repeal is consequential.
127
Extent
20
(1)
Subject to subsections (2) and (3), this Act extends to England and Wales only.
(2)
The following provisions extend also to Scotland and Northern Ireland—
sections 108 and 109 (supply of information: education maintenance
allowances),
section 124, so far as relating to those sections, and
25
the other provisions of this Part except sections 119, 122 and 123.
(3)
Any amendment or repeal made by this Act has the same extent as the
enactment amended or repealed.
128
Short title, etc.
(1)
This Act may be cited as the Education Act 2005.
30
(2)
This Act shall be included in the list of Education Acts set out in section 578 of
the Education Act 1996 (c. 56).
(3)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
35
application of any money raised by any such charge.

69
Education Bill [HL]
Schedule 1 — Her Majesty’s Chief Inspector of Schools In England

Schedules
Schedule 1
Section 1

Her Majesty’s Chief Inspector of Schools In England
Chief Inspector’s other staff
1
The Chief Inspector may appoint such staff, in addition to inspectors who
5
are members of his staff by virtue of section 1(3), as he thinks fit.
Additional inspectors
2     (1)
The Chief Inspector may arrange for such persons as he thinks fit to assist
him in the discharge of his functions in relation to a particular case or class
of case.
10
      (2)
Any person assisting the Chief Inspector under any such arrangements is to
be known as an additional inspector.
      (3)
The Chief Inspector must ensure that additional inspectors have the
necessary qualifications, experience and skills to assist him in the effective
discharge of his functions.
15
      (4)
In pursuance of the duty imposed by sub-paragraph (3), the Chief Inspector
must publish in such manner as he thinks fit, and may from time to time
revise, a statement of—
(a)
the qualifications or experience (or both) that are to be required of
additional inspectors who are not members of his staff, and
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(b)
the standards that such additional inspectors are to be required to
meet in the exercise of their functions and the skills that they are to
be required to demonstrate in the exercise of those functions.
      (5)
Any arrangements which provide for assistance by persons who are not
members of the Chief Inspector’s staff must be made on terms that require
25
the person with whom the arrangements are made to secure compliance
with any requirements that are from time to time published under sub-
paragraph (4).
      (6)
If the Chief Inspector has entered into arrangements with persons who are
not themselves additional inspectors (“inspection service providers”) for the
30
provision by the inspection service providers of the services of inspectors,
the Chief Inspector must publish, at intervals of not more than 12 months, a
list of the names of those persons who, as at a specified date, are currently
notified to him by any inspection service provider as persons with whom the
inspection service provider proposes to make arrangements for the carrying
35
out of inspections on behalf of the Chief Inspector.

Education Bill [HL]
Schedule 1 — Her Majesty’s Chief Inspector of Schools In England
70

      (7)
An additional inspector acting within the authority conferred on him by the
Chief Inspector has all the powers of one of Her Majesty’s Inspectors of
Schools in England.
      (8)
The Chief Inspector may not authorise an additional inspector to conduct an
inspection of a school under section 5 unless—
5
(a)
the inspection is to be supervised by one of Her Majesty’s Inspectors
of Schools in England, or
(b)
the additional inspector has previously conducted an inspection
under that section under the supervision of one of Her Majesty’s
Inspectors of Schools in England (“the supervising inspector”) to the
10
satisfaction of the supervising inspector.
Remuneration, pensions etc.
3     (1)
There are to be paid to the Chief Inspector such remuneration, and such
travelling and other allowances, as the Secretary of State may determine.
      (2)
In the case of any such Chief Inspector as may be determined by the
15
Secretary of State, there is to be paid—
(a)
such pension, allowance or gratuity to or in respect of him, or
(b)
such contributions or payments towards provision for such a
pension, allowance or gratuity,

as may be so determined.
20
      (3)
If, when any person ceases to hold office as Chief Inspector, the Secretary of
State determines that there are special circumstances which make it right
that he should receive compensation, there may be paid to him such sum by
way of compensation as may be determined by the Secretary of State.
Official seal
25
4
The Chief Inspector is to continue to have an official seal for the
authentication of documents required for the purposes of his functions.
Performance of functions
5     (1)
Subject to sub-paragraph (3) and paragraph 2(8), anything authorised or
required by or under this Part of this Act or any other enactment to be done
30
by the Chief Inspector may be done by—
(a)
any of Her Majesty’s Inspectors of Schools in England,
(b)
any other member of his staff, or
(c)
any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector.
35
      (2)
Without prejudice to the generality of sub-paragraph (1), the references to
the Chief Inspector in sections 4 and 10 (powers of entry) include references
to any person authorised to act on his behalf under sub-paragraph (1).
      (3)
The making of any report of an inspection of a school under section 5 which
states the opinion that special measures are required to be taken in relation
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to the school must be personally authorised by—
(a)
the Chief Inspector, or

Education Bill [HL]
Schedule 2 — Her Majesty’s Chief Inspector of Education and Training in Wales
71

(b)
one of Her Majesty’s Inspectors of Schools in England who is
authorised by the Chief Inspector for the purposes of this sub-
paragraph.
Documentary evidence
6
The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief
5
Inspector as if—
(a)
he were included in the first column of the Schedule to that Act,
(b)
he and any person authorised to act on his behalf were mentioned in
the second column of that Schedule, and
(c)
the regulations referred to in that Act included any document issued
10
by him or any such person.
Schedule 2
Section 19

Her Majesty’s Chief Inspector of Education and Training in Wales
Chief Inspector’s other staff
1
The Chief Inspector may, with the approval of the Assembly as to numbers
15
and terms and conditions of service, appoint such staff, in addition to
inspectors who are members of his staff by virtue of section 19(3), as he
thinks fit.
Additional inspectors
2     (1)
The Chief Inspector may arrange for such persons as he thinks fit to assist
20
him in the discharge of his functions in relation to a particular case or class
of case.
      (2)
Any person assisting the Chief Inspector under any such arrangements is to
be known as an additional inspector.
      (3)
Any arrangements which provide for assistance by persons who are not
25
members of the Chief Inspector’s staff must be made on terms agreed by him
with the Assembly.
      (4)
An additional inspector acting within the authority conferred on him by the
Chief Inspector has all the powers of one of Her Majesty’s Inspectors of
Education and Training in Wales.
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Remuneration, pensions etc.
3     (1)
There are to be paid to the Chief Inspector such remuneration, and such
travelling and other allowances, as the Assembly may determine.
      (2)
In the case of any such Chief Inspector as may be determined by the
Assembly, there is to be paid—
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(a)
such pension, allowance or gratuity to or in respect of him, or
(b)
such contributions or payments towards provision for such a
pension, allowance or gratuity,

as may be so determined.

Education Bill [HL]
Schedule 3 — Registration of inspectors in Wales: tribunals hearing appeals under section 27
72

      (3)
If, when any person ceases to hold office as Chief Inspector, the Assembly
determines that there are special circumstances which make it right that he
should receive compensation, there may be paid to him such sum by way of
compensation as may be determined by the Assembly.
Official seal
5
4
The Chief Inspector is to continue to have an official seal for the
authentication of documents required for the purposes of his functions.
Performance of functions
5     (1)
Anything authorised or required by or under this Part of this Act or any
other enactment to be done by the Chief Inspector may be done by—
10
(a)
any of Her Majesty’s Inspectors of Education and Training in Wales,
(b)
any other member of his staff, or
(c)
any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector.
      (2)
Without prejudice to the generality of sub-paragraph (1), the references to
15
the Chief Inspector in section 23 include references to any person authorised
to act on his behalf under sub-paragraph (1).
Documentary evidence
6
The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief
Inspector as if—
20
(a)
he were included in the first column of the Schedule to that Act,
(b)
he and any person authorised to act on his behalf were mentioned in
the second column of that Schedule, and
(c)
the regulations referred to in that Act included any document issued
by him or any such person.
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Schedule 3
Section 27

Registration of inspectors in Wales: tribunals hearing appeals under section
27
Constitution of tribunals
1     (1)
A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to
30
consist of—
(a)
a chairman appointed by the Lord Chancellor, and
(b)
two other members appointed by the Assembly.
      (2)
To be qualified for appointment as chairman of a tribunal, a person must
have a 7 year general qualification (within the meaning of section 71 of the
35
Courts and Legal Services Act 1990 (c. 41)).
      (3)
A person may not be appointed after the day on which he attains the age of
70 to be the chairman of a tribunal.

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 28
73

Procedure of tribunals
2     (1)
The Assembly may by regulations make provision with respect to the
making of appeals to, and the procedure to be followed by, tribunals.
      (2)
The regulations may, in particular, make provision—
(a)
as to the period within which, and manner in which, appeals must be
5
brought,
(b)
for the holding of hearings in private in prescribed circumstances,
(c)
as to the persons who may appear on behalf of the parties,
(d)
for enabling hearings to be conducted even though a member of the
tribunal, other than the chairman, is absent,
10
(e)
as to the disclosure by the appellant, and others, of documents and
the inspection of documents,
(f)
requiring persons to attend the proceedings and give evidence,
(g)
as to the payment of expenses incurred by persons compelled to
attend proceedings by regulations made by virtue of paragraph (f),
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(h)
authorising the administration of oaths to witnesses,
(i)
as to the withdrawal of appeals,
(j)
as to costs and expenses incurred by any party to the proceedings,
and
(k)
authorising preliminary or incidental matters in relation to an appeal
20
to be dealt with by the chairman of the tribunal hearing that appeal.
Staff
3
The Assembly may make such provision as the Assembly thinks fit for—
(a)
the allocation of staff for any tribunal,
(b)
the remuneration of members of tribunals and the reimbursement of
25
their expenses,
(c)
defraying any reasonable expenses incurred by any tribunal.
Schedule 4
Section 28

School inspections in Wales under section 28
Interpretation
30
1
In this Schedule—
“appropriate authority” means—
(a)
in relation to a community, foundation or voluntary school, a
community or foundation special school or a maintained
nursery school, the school’s governing body or, if the school
35
does not have a delegated budget, the local education authority,
and
(b)
in relation to a school falling within section 28(2)(d), the
proprietor of the school;
“inspection” means an inspection under section 28.
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