NEW SCHEDULES RELATING TO PART 1
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NS1
To move the following Schedule:—
'Training for inspections
| 1 | | No person shall conduct an inspection of a school in England, or act as a member of an inspection team for such a school, unless he has, in the opinion of the Chief Inspector for England, satisfactorily completed a course of training provided by, or complying with arrangements approved by, that Chief Inspector. |
| 2 | | Where the Chief Inspector for England provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part of the cost of providing it. |
| 3 | | Paragraph 1 shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for England. |
| 4 | | Where an inspection is arranged, the appropriate authority for the school concerned shall— |
(a) take such steps as are reasonably practicable to notify—
| (i) | the parents of registered pupils at the school, and |
| (ii) | such other persons as may be prescribed, |
of the time when the inspection is to take place; and
(b) arrange a meeting, in accordance with such provisions as may be prescribed, between the inspector conducting the inspection and those parents of registered pupils at the school who wish to attend.
| 5 | | A registered inspector conducting an inspection, and the members of his inspection team, shall have at all reasonable times— |
(a) a right of entry to the premises of the school concerned; and
(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 he requires for the purposes of the inspection.
| 6 | (1) | It shall be an offence wilfully to obstruct— |
(a) a registered inspector, or
(b) a member of an inspection team,
in the exercise of his functions in relation to an inspection of a school.
| (2) | Any person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.'. |
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NS2
To move the following Schedule:—
'Inspections in England under section 5
| 1 | | In this Schedule—"appropriate authority" means— |
(a) in the case of a county, voluntary, maintained special or maintained nursery school whose governing body does not have a delegated budget, the local education authority;
(b) in the case of a non-maintained school, the proprietor of the school;
(c) in any other case, the school's governing body;
"inspection" means an inspection under section 5.
| 2 | | Before entering into any arrangement for an inspection, the Chief Inspector shall, after consulting the appropriate authority for the school concerned as to the tender specification, invite tenders from at least two registered inspectors who can reasonably be expected— |
(a) to wish to tender for the proposed inspection; and
(b) to tender at arm's length from each other.
| 3 | (1) | Every inspection shall be conducted by a registered inspector with the assistance of a team (an "inspection team") consisting of persons who are fit and proper persons for carrying out the inspection. |
| (2) | It shall be the duty of the registered inspector to ensure that— |
(a) at least one member of the inspection team is a person—
| (i) | 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 capacity); and |
| (ii) | whose primary function on the team is not that of providing financial or business expertise; and |
(b) no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.
| (3) | Otherwise, the composition of the inspection team shall be determined by the registered inspector. |
| (4) | It shall be the duty of the registered inspector to ensure that no person takes any part in an inspection if he has, or has at any time had, any connection with— |
(a) the school in question,
(b) any person who is employed at the school,
(c) any person who is a member of the school's governing body, or
(d) the proprietor of the school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.'.
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NS3
To move the following Schedule:—
'Tribunals hearing appeals in England
| 1 | (1) | A tribunal constituted to hear an appeal under section [Appeals in relation to registration] of this Act ("a tribunal") shall consist of— |
(a) a Chairman appointed by the Lord Chancellor; and
(b) two other members appointed by the Secretary of State.
| (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 Courts and Legal Services Act 1990). |
| (3) | A person shall not be appointed after the day on which he attains the age of 70 to be the Chairman of a tribunal. |
| 2 | (1) | The Secretary of State 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 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;
(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 sub-paragraph (1);
(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 to be dealt with by the Chariman of the tribunal hearing that appeal.
| 3 | | The Secretary of State may, with the consent of the Treasury, make such provision as he thinks fit for— |
(a) the allocation of staff for any tribunal;
(b) the remuneration of members of tribunals and the reimbursement of their expenses;
(c) defraying any reasonable expenses incurred by any tribunal.'.
Mr Richard Allan
Dr John Pugh
40
*Schedule 16, page 138, line 12, at end insert 'or
(c) permits expenditure by the authority under the grant to include expenditure on the authority's functions under—
| (i) | section 22(3A) of the Children Act 1989, |
| (ii) | section 10(2) of the Children Act 2004, or |
| (iii) | section 11(2) of the Children Act 2004'. |
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
25
Clause 77, page 43, line 38, at end insert—
'(1A) In appointing the members of the Agency the Secretary of State shall have regard to the desirability of including persons who appear to him—
| (a) | to have experience of, and to have shown capacity in— |
| (ii) | teaching in higher education (other than training teachers), or |
| (iii) | training teachers, or |
| (b) | to have held, and to have shown capacity in, any position carrying responsibility for— |
| (i) | the provision of education in schools, |
| (ii) | the provision of higher education (other than the training of teachers), or |
| (iii) | the training of teachers;and in appointing such persons he shall have regard to the desirability of their being currently engaged in the provision of, or in carrying responsibility for, such matters. |
(1B) In considering the appointment of members in accordance with subsection (1A) the Secretary of State shall have regard to the desirability of including persons whose relevant experience or responsibility is, or was, in or in relation to—
| (a) | institutions of a denominational character, or |
| (b) | teaching persons with special educational needs.'. |
NEW CLAUSES RELATING TO PART 3
Duty of Training and Development Agency for Schools to consult other statutory bodies
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC10
To move the following Clause:—
'For the purpose of the exercise of their functions under section 75(2)(a) and (b), the Agency must consult the General Teaching Council in England and Wales and the Qualifications and Curriculum Authority.'.
Annual report of Training and Development Agency for Schools to Parliament
Mr Mark Hoban
Angela Watkinson
Mr Peter Atkinson
NC16
To move the following Clause:—
'The Agency shall produce an annual report which shall be laid by the Secretary of State before both Houses of Parliament for approval by affirmative resolution.'.
Mr Richard Allan
Dr John Pugh
41
*Clause 64, page 38, line 29, at end insert—
'(2C) Subsections (1)(a) and (2)(a) do not apply in England to proposals about three or more schools in the same local education authority area when published simultaneously by the local education authority and the governing bodies of aided and foundation schools or the promoters of new aided or foundation schools.'.
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