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Education Bill [HL]


Education Bill [HL]
Schedule 8 — Inspection of independent schools

95

 

(b)   

he may be assisted by such one or more persons enrolled in

the list kept under paragraph 4 of Schedule 4 to the Education

Act 2005 as he may determine, subject to paragraph 3(5) of

that Schedule and subsection (3) below.

(3)   

If the Chief Inspector for Wales so requires, a registered inspector

5

shall be assisted by at least one person enrolled in the list referred to

in subsection (2)(b)—

(a)   

who is without personal experience in the management of

any school or the provision of education in any school

(otherwise than as a governor or in any other voluntary

10

capacity, and disregarding any experience which it is

reasonable to regard as insignificant), and

(b)   

whose primary function in the inspection is not that of

providing financial or business expertise.

(4)   

If the inspection is conducted by a registered inspector, it may be

15

monitored by the Chief Inspector for Wales.

(5)   

The person conducting the inspection, any person assisting him

pursuant to subsection (2) or (3) and any person monitoring the

inspection shall have at all reasonable times—

(a)   

a right of entry to the premises of the school, and

20

(b)   

a right to inspect and take copies of any records kept by the

school and any other documents containing information

relating to the school which are required for the purposes of

the inspection.

(6)   

Section 58 of the Education Act 2005 (computer records) applies in

25

relation to the inspection of records or other documents under

subsection (5)(b).

(7)   

It is an offence intentionally to obstruct a person in the exercise of his

functions in relation to the inspection.

(8)   

A person guilty of an offence under subsection (7) is liable on

30

summary conviction to a fine not exceeding level 4 on the standard

scale.

(9)   

The proprietor of the school shall pay the Chief Inspector for Wales,

in respect of the inspection, a fee of such amount, and by such time,

as may be specified in or determined under regulations.

35

(10)   

Where the proprietor fails to comply with subsection (9), the

registration authority may remove the school from the register.

(11)   

The Chief Inspector for Wales shall pay the amount of any fee

received under subsection (9) into the Consolidated Fund.

(12)   

Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the

40

Government of Wales Act 1998 (Treasury power to direct that

requirement for payment into Consolidated Fund not to apply in

relation to specified sums received by the Chief Inspector for

Wales).”

4          

In section 165 of the 2002 Act (failure to meet standards), in subsection (1)(a),

45

after “section” insert “162A or”.

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

96

 

5          

In section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit

the definition of “registered inspector”.

Schedule 9

Section 61

 

Further amendments relating to school inspection

Parliamentary Commissioner Act 1967 (c. 13)

5

1          

In Schedule 4 to the Parliamentary Commissioner Act 1967, omit the entry

beginning “Registered Inspectors of Schools Appeal Tribunals”.

Employment and Training Act 1973 (c. 50)

2     (1)  

Section 10B of the Employment and Training Act 1973 (inspection) is

amended as follows.

10

      (2)  

For subsection (6) substitute—

“(6)   

A person carrying out or participating in the inspection shall have

the same powers as the Chief Inspector has under the following

provisions of the Education Act 2005—

(a)   

section 10(1)(a) and (d) (right of access), and

15

(b)   

section 58 (computer records).”

      (3)  

In subsection (7), for “Section 42A of the 1996 Act” substitute “Section 11 of

the Education Act 2005”.

House of Commons Disqualification Act 1975 (c. 24)

3          

Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 is

20

to continue to include the following entries (originally inserted by

paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in

force by paragraph 2 of Schedule 6 to the School Inspections Act 1996 and

amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000)—

“Her Majesty’s Chief Inspector of Schools in England.

25

Her Majesty’s Chief Inspector of Education and Training in

Wales or Prif Arolgydd Ei Mawrhydi dros Addysg a

Hyfforddiant yng Nghymru.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4          

Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act

30

1975 is to continue to include the same entries as those specified in

paragraph 3 of this Schedule (originally inserted by paragraph 9 of Schedule

1 to the Education (Schools) Act 1992, continued in force by paragraph 3 of

Schedule 6 to the School Inspections Act 1996 and amended by virtue of

section 73(3)(a) of the Learning and Skills Act 2000).

35

Education Reform Act 1988 (c. 40)

5     (1)  

Section 226(2)(b) of the Education Reform Act 1988 (inspection of schools in

other member States providing education for British children) is to continue

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

97

 

to have effect with the following amendment (originally made by paragraph

7 of Schedule 4 to the Education (Schools) Act 1992 and continued by

paragraph 4 of Schedule 6 to the School Inspections Act 1996).

      (2)  

For the words from “school” to the end of the paragraph substitute “by, or

under the direction of, one or more of Her Majesty’s Inspectors of Schools

5

for England”.

Tribunals and Inquiries Act 1992 (c. 53)

6          

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals

under direct supervision of Council on Tribunals), in paragraph 15(d) for

“Schedule 2 to the School Inspections Act 1996 (c. 57)” substitute “Schedule

10

3 to the Education Act 2005”.

Judicial Pensions and Retirement Act 1993 (c. 8)

7          

In section 26 of the Judicial Pensions and Retirement Act 1993 (retirement

date for holders of certain judicial offices etc.) in subsection (8)(h), for

“Schedule 2 to the School Inspections Act 1996” substitute “Schedule 3 to the

15

Education Act 2005”.

Disability Discrimination Act 1995 (c. 50)

8          

In section 28D of the Disability Discrimination Act 1995 (accessibility

strategies and plans), in subsection (13) for “School Inspections Act 1996”

substitute “Part 1 of the Education Act 2005”.

20

Education Act 1996 (c. 56)

9          

In section 578(1) (meaning of “the Education Acts”) omit “the School

Inspections Act 1996”.

10         

In Schedule 36 to the Education Act 1996 (uniform statutory trusts for

educational endowments), in paragraph 2(b) for “Part I of the School

25

Inspections Act 1996” substitute “Part 1 of the Education Act 2005”.

Education Act 1997 (c. 44)

11         

In section 38 of the Education Act 1997 (inspection of local education

authorities) in subsection (5)(b) for “paragraph 2 of Schedule 1 to the School

Inspections Act 1996” substitute “paragraph 2 of Schedule 1 to the Education

30

Act 2005 or (as the case requires) paragraph 2 of Schedule 2 to that Act”.

12         

In section 39 of the Education Act 1997 (reports of inspections under section

38 and action plan by local education authority), in subsection (4)—

(a)   

for “section 42A(2) to (4) of the School Inspections Act 1996”

substitute “section 11(2) to (4) of the Education Act 2005 or, in

35

relation to Wales, section 29(2) to (4) of that Act”, and

(b)   

for “section 42A(2)” substitute “section 11(2) or, as the case may be,

section 29(2)”.

13         

In section 40 (inspector’s right of entry etc.), in subsection (4) for “Section 42

of the School Inspections Act 1996” substitute “Section 58 of the Education

40

Act 2005”.

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

98

 

School Standards and Framework Act 1998 (c. 31)

14    (1)  

Section 14 of the School Standards and Framework Act 1998 (powers of

intervention exercisable by LEAs) is amended as follows.

      (2)  

In subsections (1)(b) and (3), for “with serious weaknesses” substitute

“requiring significant improvement”.

5

      (3)  

For subsection (4) substitute—

“(4)   

In this Chapter—

(a)   

“Chief Inspector” means—

(i)   

in relation to a school in England, Her Majesty’s Chief

Inspector of Schools in England, and

10

(ii)   

in relation to a school in Wales, Her Majesty’s Chief

Inspector of Education and Training in Wales,

(b)   

“member of the Inspectorate”, in relation to an inspection of

a school in Wales, has the meaning given by section 43 of the

Education Act 2005,

15

(c)   

references to special measures being, or not being, required

to be taken in relation to a school are to be read in accordance

with section 44(1) of that Act, and

(d)   

references to a school requiring, or not requiring, significant

improvement are to be read in accordance with section 44(2)

20

of that Act.”

15    (1)  

Section 15 of the School Standards and Framework Act 1998 (cases where

LEA may exercise powers of intervention) is amended as follows.

      (2)  

For subsection (4) substitute—

“(4)   

This section applies to a maintained school by virtue of this

25

subsection if—

(a)   

following an inspection of the school under Chapter 1 or 3 of

Part 1 of the Education Act 2005, the Chief Inspector—

(i)   

in the case of a school in England, has given the

Secretary of State a notice under subsection (3)(a) of

30

section 13 of that Act in a case falling within

subsection (1)(b) of that section (school requiring

significant improvement), or

(ii)   

in the case of a school in Wales, has given the National

Assembly for Wales a notice under subsection (2) of

35

section 37 of that Act in a case falling within

subsection (1)(a)(ii) or (b)(ii) of that section (school

requiring significant improvement), and

(b)   

where any subsequent inspection of the school has been

made under Chapter 1 or 3 of Part 1 of that Act, the notice has

40

not been superseded by—

(i)   

the person making the subsequent inspection making

a report stating that in his opinion the school no

longer requires significant improvement, or

(ii)   

the Chief Inspector giving the Secretary of State or the

45

Assembly a notice under section 13(3)(a) or 37(2) of

that Act in a case falling within section 13(1)(a) or

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

99

 

37(1)(a)(i) or (1)(b)(i) (school requiring special

measures).”

      (3)  

Omit subsection (5).

      (4)  

For subsection (6) substitute—

“(6)   

This section applies to a maintained school by virtue of this

5

subsection if—

(a)   

following an inspection of the school under Chapter 1 or 3 of

Part 1 of the Education Act 2005, the Chief Inspector—

(i)   

in the case of a school in England, has given the

Secretary of State a notice under subsection (3)(a) of

10

section 13 of that Act in a case falling within

subsection (1)(a) of that section (school requiring

special measures), or

(ii)   

in the case of a school in Wales, has given the National

Assembly for Wales a notice under subsection (2) of

15

section 37 of that Act in a case falling with subsection

(1)(a)(i) or (b)(i) of that section (school requiring

special measures), and

(b)   

where any subsequent inspection of the school has been

made under Chapter 1 or 3 of Part 1 of that Act, the person

20

making it did not state that in his opinion special measures

were not required to be taken in relation to the school.”

16    (1)  

Section 16 of the School Standards and Framework Act 1998 (power of LEA

to appoint additional governors) is amended as follows.

      (2)  

In subsection (3)—

25

(a)   

for “with serious weaknesses” substitute “requiring significant

improvement”, and

(b)   

for paragraph (a) substitute—

“(a)   

the Chief Inspector has given the local education

authority a notice under section 13(3)(a) or 37(2) of the

30

Education Act 2005”.

      (3)  

In subsection (9)(a), for “section 16A(2) of the School Inspections Act 1996”

substitute “section 13(3)(a) or 37(2) of the Education Act 2005”.

17         

In section 16A of the School Standards and Framework Act 1998 (power of

LEA to provide for governing body to consist of interim executive

35

members), in subsection (2)—

(a)   

for “with serious weaknesses” substitute “requiring significant

improvement”, and

(b)   

for paragraph (a) substitute—

“(a)   

the Chief Inspector has given the local education

40

authority a notice under section 13(3)(a) or 37(2) of the

Education Act 2005, and”.

18         

In section 17 of the School Standards and Framework Act 1998 (power of

LEA to suspend right to delegated budget), in subsection (3)—

(a)   

for “with serious weaknesses” substitute “requiring significant

45

improvement”, and

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

100

 

(b)   

for paragraph (a) substitute—

“(a)   

the Chief Inspector has given the local education

authority a notice under section 13(3)(a) or 37(2) of the

Education Act 2005, and”.

19         

In section 18 of the School Standards and Framework Act 1998 (power of

5

Secretary of State to appoint additional governors), in subsection (1)(a), for

“with serious weaknesses” substitute “requiring significant improvement”.

20         

In section 18A of the School Standards and Framework Act 1998 (power of

Secretary of State to provide for governing body to consist of interim

executive members), in subsection (1)(a), for “with serious weaknesses”

10

substitute “requiring significant improvement”.

21         

In section 127 of the School Standards and Framework Act 1998 (code of

practice for securing effective relationships between local education

authorities and maintained schools), in subsection (6)—

(a)   

omit paragraph (l), and

15

(b)   

after paragraph (q) insert—

“(r)   

section 51 of the Education Act 2005 (power of local

education authority to inspect school for specific

purpose),”.

Government of Wales Act 1998 (c. 38)

20

22         

In Schedule 6 to the Government of Wales Act 1998 (Her Majesty’s Chief

Inspector of Education and Training in Wales), in the definition of “the

Office of the Chief Inspector” in paragraph 1, for “(in accordance with

section 4(3) of, and Schedule 1 to, the School Inspections Act 1996)”

substitute “(in accordance with section 19(3) of, and Schedule 2 to, the

25

Education Act 2005)”.

Learning and Skills Act 2000 (c. 21)

23         

In section 75 of the Learning and Skills Act 2000 (extended remit of Chief

Inspector for Wales), in subsection (2)(a) for “the Schools Inspections Act

1996” substitute “Part 1 of the Education Act 2005”.

30

24         

In section 86 of the Learning and Skills Act 2000 (annual reports), in

subsection (1) for “section 5(7)(a) of the School Inspections Act 1996”

substitute “section 21(1)(a) of the Education Act 2005”.

25    (1)  

Section 118 of the Learning and Skills Act 2000 (inspection) is amended as

follows.

35

      (2)  

For subsection (5) substitute—

“(5)   

A person carrying out or participating in the inspection shall have

the same powers as the Chief Inspector has under the following

provisions of the Education Act 2005—

(a)   

section 10(1)(a) and (d) (right of access), and

40

(b)   

section 58 (computer records)”.

      (3)  

In subsection (6), for “Section 42A of the 1996 Act” substitute “Section 11 of

the Education Act 2005”.

 

 

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 2 — Approval of proposals by school organisation committee or adjudicator

101

 

26    (1)  

Section 128 of the Learning and Skills Act 2000 (conduct and effect of

inspections) is amended as follows.

      (2)  

For subsection (2) substitute—

“(2)   

A person carrying out or participating in the inspection shall have

the same powers as an Inspector has under the following provisions

5

of the Education Act 2005—

(a)   

section 24(3)(a) and (d) (right of access), and

(b)   

section 58 (computer records)”.

      (3)  

In subsection (3), for “Section 42A” substitute “Section 29”.

Education Act 2002 (c. 32)

10

27         

In section 63 of the Education Act 2002 (power to require LEA to obtain

advisory services) in subsection (1)(a)(i) for “with serious weaknesses”

substitute “requiring significant improvement”.

28         

In section 159 of the Education Act 2002 (unregistered independent schools),

in subsection (5), for “Section 42 of the School Inspections Act 1996”

15

substitute “Section 58 of the Education Act 2005”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

29         

In section 36 of the Nationality, Immigration and Asylum Act 2002

(education: general), in subsection (9)(a) for “the School Inspections Act 1996

(c. 57)” substitute “Part 1 of the Education Act 2005 (school inspections)”.

20

Schedule 10

Section 66

 

Proposals under section 66 for establishment of secondary schools:

supplementary

Part 1

Introductory

25

1          

This Schedule applies to proposals published under section 66.

2          

In this Schedule “promoters”, in relation to any proposals, means the

persons who made the proposals (but does not include a local education

authority).

Part 2

30

Approval of proposals by school organisation committee or adjudicator

Submission of proposals to school organisation committee

3     (1)  

Regulations must make provision for the submission of the proposals to the

school organisation committee.

      (2)  

Regulations under this paragraph may make provision—

35

 

 

 
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