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Education Bill [HL]


Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement

81

 

(i)   

a report of an inspection of the school made

under Chapter 3 of Part 1 of the Education

Act 2005 states in accordance with section

34(7) or 35(5) an opinion that special

measures are not required to be taken in

5

relation to the school,

(ii)   

the report also states in accordance with

section 34(6) or 35(4) an opinion that the

school requires significant improvement,

and

10

(iii)   

where the person making the report is not a

member of the Inspectorate, the report also

states that the Chief Inspector agrees with

his opinion.”

(b)   

in sub-paragraph (2)—

15

(i)   

for paragraph (a) substitute—

“(a)   

a report of an inspection under Chapter 1 or 3 of

Part 1 of the Education Act 2005 states that special

measures are required to be taken in relation to the

school or that the school requires significant

20

improvement,”, and

(ii)   

at the beginning of paragraph (c) insert “in the case of a

school in Wales”.

     (13)  

In paragraph 12—

(a)   

in sub-paragraph (1)—

25

(i)   

for “Part I of the School Inspections Act 1996” substitute

“Chapter 1 or 3 of Part 1 of the Education Act 2005”, and

(ii)   

in paragraph (b), for “have significant weaknesses in one or

more areas of its activities” substitute “require significant

improvement”, and

30

(b)   

in sub-paragraph (2), after “Where” insert “, in the case of a school in

Wales,”.

     (14)  

In paragraph 13—

(a)   

for sub-paragraph (1) substitute—

    “(1)  

This paragraph applies to a report of an inspection under

35

Chapter 1 or 3 of Part 1 of the Education Act 2005 which—

(a)   

states an opinion that a school requires significant

improvement, and

(b)   

in the case of a school in Wales, is made by a

member of the Inspectorate or states that the Chief

40

Inspector agrees with the opinion mentioned in

paragraph (a).”,

(b)   

in sub-paragraph (2), for paragraph (b) substitute—

“(b)   

if either—

(i)   

the school is in England, or

45

(ii)   

the school is in Wales and the person

making the report is a member of the

Inspectorate,

   

to the appropriate authority for the school.”

 

 

Education Bill [HL]
Schedule 6 — Inspections of denominational education in Wales

82

 

(c)   

for sub-paragraph (3) substitute—

    “(3)  

The following provisions of the Education Act 2005 shall

apply (with the necessary modifications) in relation to a

report to which this paragraph applies—

(a)   

in the case of a school in England—

5

(i)   

section 14(2) (additional copies),

(ii)   

section 14(4) (publication by appropriate

authority), and

(iii)   

where the local education authority

receives a copy of a report about a school

10

the governing body of which have a

delegated budget, section 15(2) and (3)

(measures by local education authority),

and

(b)   

in the case of a school in Wales—

15

(i)   

section 38(2) (additional copies),

(ii)   

section 38(4) (publication by appropriate

authority),

(iii)   

section 39 (action plan by appropriate

authority),

20

(iv)   

where the local education authority

receives a copy of a report about a school

the governing body of which have a

delegated budget, section 40(2) and (3)

(measures by local education authority).”

25

     (15)  

Omit paragraph 14.

Schedule 6

Section 50

 

Inspections of denominational education in Wales

Interpretation

1          

In this Schedule—

30

“inspection” means an inspection of a school under section 50;

“inspector” means the person conducting the inspection.

Inspectors’ reports

2     (1)  

An inspection must be carried out within such period as may be prescribed.

      (2)  

When an inspection has been completed, the inspector must, before the end

35

of the period prescribed for the purposes of this sub-paragraph, prepare in

writing a report of the inspection and a summary of the report.

      (3)  

The inspector must, without delay, send the report and summary to the

governing body for the school concerned.

      (4)  

The governing body must—

40

 

 

Education Bill [HL]
Schedule 6 — Inspections of denominational education in Wales

83

 

(a)   

make any such report and its accompanying summary available for

inspection by members of the public, at such times and at such a

place as may be reasonable,

(b)   

provide a copy of the report and summary, free of charge or in

prescribed cases on payment of such fee as they think fit (not

5

exceeding the cost of supply), to any person who asks for one, and

(c)   

take such steps as are reasonably practicable to secure that every

parent of a registered pupil at the school—

(i)   

for whom the school provides denominational education, or

(ii)   

who takes part in an act of collective worship the content of

10

which falls to be inspected under section 50,

   

as the case may be, receives a copy of the summary as soon as is

reasonably practicable.

Action plans

3     (1)  

The governing body to whom an inspector has reported under this Schedule

15

must, before the end of the prescribed period, prepare a written statement

(“the action plan”) of the action which they propose to take in the light of his

report and the period within which they propose to take it.

      (2)  

Where an action plan has been prepared by a governing body, they must,

before the end of the prescribed period, send copies of it to the person who

20

appoints the school’s foundation governors, to the local education authority

and to such other persons (if any), in such circumstances, as may be

prescribed.

      (3)  

The governing body must—

(a)   

make any action plan prepared by them available for inspection by

25

members of the public, at such times and at such a place as may be

reasonable,

(b)   

provide a copy of the plan, free of charge or in prescribed cases on

payment of such fee as they think fit (not exceeding the cost of

supply) to any person who asks for one, and

30

(c)   

take such steps as are reasonably practicable to secure that every

parent of a registered pupil at the school—

(i)   

for whom the school provides denominational education, or

(ii)   

who takes part in acts of collective worship the content of

which falls to be inspected under section 50,

35

   

as the case may be, receives a copy of the plan as soon as is

reasonably practicable.

      (4)  

Where the governing body of a school have prepared an action plan, they

must include in their governors’ report under section 30 of the Education

Act 2002 (c. 32) a statement of the extent to which the proposals set out in the

40

plan have been carried into effect.

      (5)  

Sub-paragraph (4) applies only in relation to the most recent action plan for

the school in question.

 

 

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 1 — Child minding and day care: amendments of Children Act 1989

84

 

Schedule 7

Section 53

 

Inspection of child minding, day care and nursery education

Part 1

Child minding and day care: amendments of Children Act 1989

1     (1)  

Section 79N of the Children Act 1989 (c. 41) (general functions of the Chief

5

Inspector) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Chief Inspector has the general duty of keeping the Secretary of

State informed about—

(a)   

the quality and standards of child minding and day care

10

provided in England,

(b)   

how far child minding and day care provided in England

meet the needs of the range of children for whom they are

provided,

(c)   

the contribution made by child minding and day care

15

provided in England to the well-being of the children for

whom they are provided, and

(d)   

the quality of leadership and management in connection with

the provision of day care in England.

(1A)   

In subsection (1)(c), the reference to well-being is a reference to well-

20

being having regard to the matters mentioned in section 10(2) of the

Children Act 2004.”

      (3)  

In subsection (6)—

(a)   

for “subsection (7)(a) of section 2 of the School Inspections Act 1996”

substitute “section 3(a) of the Education Act 2005”, and

25

(b)   

for “subsection (7)(b) of that section” substitute “section 3(b) of that

Act”.

2          

Omit section 79P of the Children Act 1989 (early years child care

inspectorate for England).

3     (1)  

Section 79Q of the Children Act 1989 (inspection of provision of child

30

minding and day care in England) is amended as follows.

      (2)  

In subsection (1), for “provision” substitute “provider”.

      (3)  

In subsection (2), omit “or secure the inspection by a registered inspector of”.

      (4)  

In subsection (3), omit “or secure the inspection by a registered inspector of”.

      (5)  

Omit subsection (4).

35

      (6)  

After subsection (5) insert—

“(5A)   

Regulations may make provision requiring a registered person,

except in prescribed cases, to notify prescribed persons of the fact

that any child minding or day care provided by the registered person

is to be inspected under this section.”

40

 

 

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 1 — Child minding and day care: amendments of Children Act 1989

85

 

      (7)  

For subsection (6) substitute—

“(6)   

When conducting an inspection under this section the Chief

Inspector shall report in writing on—

(a)   

the quality and standards of the child minding or day care

provided,

5

(b)   

how far the child minding or day care meets needs of the

range of children for whom it is provided,

(c)   

the contribution made by the child minding or day care to the

well-being of the children for whom it is provided, and

(d)   

in the case of day care, the quality of leadership and

10

management in connection with its provision.

(6A)   

In subsection (6)(c), the reference to well-being is a reference to well-

being having regard to the matters mentioned in section 10(2) of the

Children Act 2004.”

      (8)  

Omit subsection (7).

15

4     (1)  

Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is

amended as follows.

      (2)  

Omit subsections (1) and (2).

      (3)  

For subsection (3) substitute—

“(3)   

Where the Chief Inspector reports on an inspection under section

20

79Q he—

(a)   

may send a copy of the report to the Secretary of State, and

shall do so without delay if the Secretary of State requests a

copy;

(b)   

shall ensure that a copy of the report is sent to the registered

25

person providing the child minding or day care that was

inspected;

(c)   

shall ensure that copies of the report, or such parts of it as he

considers appropriate, are sent to such other authorities or

persons as may be prescribed; and

30

(d)   

may arrange for the report (or parts of it) to be further

published in any manner he considers appropriate.”

      (4)  

After subsection (3) insert—

“(3A)   

Regulations may make provision—

(a)   

requiring a registered person to make a copy of any report

35

sent to him under subsection (3)(b) available for inspection

by prescribed persons,

(b)   

requiring a registered person, except in prescribed cases, to

provide a copy of the report to prescribed persons, and

(c)   

authorising a registered person in prescribed cases to charge

40

a fee for providing a copy of the report.”

      (5)  

For subsection (4) substitute—

“(4)   

Subsections (2) to (4) of section 11 of the Education Act 2005

(publication of inspection reports) shall apply in relation to the

publication of a report under subsection (3) as they apply in relation

45

 

 

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998

86

 

to the publication of a report under any of the provisions mentioned

in subsection (2) of section 11.”

5     (1)  

Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended

as follows.

      (2)  

In subsection (2)(a), omit “the quality and standards of”.

5

      (3)  

In subsection (4) for “section 42A of the School Inspections Act 1996”

substitute “section 29 of the Education Act 2005”.

6          

In section 79U of the Children Act 1989 (rights of entry etc.) in subsection (4),

for “Section 42 of the School Inspections Act 1996” substitute “Section 58 of

the Education Act 2005”.

10

Part 2

Nursery education: amendments of School Standards and Framework Act

1998

7     (1)  

Section 122 of the School Standards and Framework Act 1998 (c. 31)

(inspection of nursery education) is amended as follows.

15

      (2)  

In subsection (3), for “the Chief Inspector” substitute “the Chief Inspector for

Wales”.

      (3)  

In subsection (4), for ““the Chief Inspector” means Her Majesty’s Chief

Inspector of Schools in England or” substitute ““the Chief Inspector for

Wales” means”.

20

8          

Schedule 26 to the School Standards and Framework Act 1998 (inspection of

nursery education) is amended as follows.

9     (1)  

Paragraph 1 is amended as follows.

      (2)  

In sub-paragraph (1)—

(a)   

before paragraph (a) insert—

25

“(za)   

nursery education provided in a maintained school

or a maintained nursery school;”

(b)   

in paragraph (a), after “nursery education” insert “not falling within

paragraph (za)”;

(c)   

for paragraph (b) substitute—

30

“(b)   

nursery education which is provided by any other

person under arrangements made with that person

by a local education authority in pursuance of the

duty imposed on the authority by section 118 and

in consideration of financial assistance provided by

35

the authority under the arrangements.”

      (3)  

In sub-paragraph (2), for the words from “to whom” onwards substitute

“with whom a local education authority are considering making

arrangements in pursuance of the duty imposed on the authority by section

118 for the provision of nursery education in consideration of financial

40

assistance provided by the authority under the arrangements”.

      (4)  

For sub-paragraph (3) substitute—

    “(3)  

Where—

 

 

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998

87

 

(a)   

any education is for the time being provided at any

premises for children who have not attained the age

prescribed for the purposes of section 118(1)(b) (“the

prescribed age”), and

(b)   

that education is provided by a person—

5

(i)   

who proposes to provide nursery education at

those premises for children who have attained the

prescribed age, and

(ii)   

with whom a local education authority are

considering making arrangements of the kind

10

mentioned in sub-paragraph (2),

           

the education is to be treated for the purposes of this Schedule as

nursery education under consideration for funding even though it

is provided for children who have not attained the prescribed

age.”

15

10    (1)  

Paragraph 2 is amended as follows.

      (2)  

For sub-paragraph (1) substitute—

    “(1)  

In this Schedule—

(a)   

“the Chief Inspector for England” means Her Majesty’s

Chief Inspector of Schools in England,

20

(b)   

“the Chief Inspector for Wales” means Her Majesty’s Chief

Inspector of Education and Training in Wales, and

(c)   

“the Chief Inspector” (without more) means—

(i)   

as respects nursery education provided in

England, the Chief Inspector for England, and

25

(ii)   

as respects nursery education provided in Wales,

the Chief Inspector for Wales.”

      (3)  

In sub-paragraph (2), after “registered” insert “Welsh”.

      (4)  

For sub-paragraph (3) substitute—

    “(3)  

In this Schedule “members of the Welsh Inspectorate” means—

30

(a)   

the Chief Inspector for Wales,

(b)   

Her Majesty’s Inspectors of Education and Training in

Wales, and

(c)   

additional inspectors with whom the Chief Inspector for

Wales has made arrangements to give him assistance

35

under paragraph 2 of Schedule 2 to the Education Act

2005.”

      (5)  

Omit sub-paragraph (4).

      (6)  

At the end insert—

    “(5)  

In this Schedule “well-being”—

40

(a)   

in relation to children for whom nursery education is

provided in England, is a reference to their well-being

having regard to the matters mentioned in section 10(2) of

the Children Act 2004, and

(b)   

in relation to children for whom such education is

45

provided in Wales, is a reference to their well-being having

 

 

 
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