273. There are only four provisions in the Bill which the Department considers engage the European Convention on Human Rights: supply of information for the administration of the education maintenance allowance; supply of information for the administration of free school lunches and milk; supply of information about the school workforce; the disposal of land by foundation schools. These provisions are covered by clauses 107 to 114 of the Bill.
274. The Department considers that while the creation of a database (clause 114) and the sharing of information (clauses 108 to 112) may constitute an interference with Article 8 rights (the right to respect for private and family life), the interference is proportionate and justified under Article 8.2.
275. The Department also considers that while Article 1 of Protocol 1 (protection of property) is potentially engaged by the provisions regarding the disposal of land by foundation schools (clause 107), this interference can be justified as being in the public interest and in accordance with the law.
276. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). This statement has to be made before second reading. Ruth Kelly, Secretary of State for Education and Skills has made the following statement:
277. It is proposed that the following clauses should come into force on Royal Assent: clauses 62 and 63 concerning the power of the Assembly to change the inspection framework in Wales and the interpretation of Part 1; clauses 75(5) and 78(3) concerning definitions relating to the training of the school workforce; clauses 96, 97 and 100 concerning references to training, institutions of a denominational character, institutions in Wales and the interpretation of Part 3; and clauses 119 to 122, and 124 to 128 which are general provisions.
278. It is proposed that the following clauses should come into force two months after Royal Assent: clause 102, on the requirement for local education authorities in England to set annual targets; clause 107 and Schedule 17 on restrictions on disposal of land; clauses 108 to 112 on the sharing of information for the administration of education maintenance allowances and free school lunches; and clauses 113 and 114 on the supply of information about the school workforce.
279. Most of the provisions of Part 3 will come into force on 1 September 2005 or, if the Bill is passed after 1 July 2005, two months after the date on which it is passed.
280. All other provisions in the Bill will come into force on dates appointed by the Secretary of State or, where specified, by the Assembly by commencement order.
Part/Chapter | Clause number | Title | Application of clause |
Part 1: School inspections and other inspections by school inspectors Chapter 1 - School inspectors and school inspections: England | 1 | Her Majesty's Inspectorate of Schools in England | England Only |
| 2 | Functions of Her Majesty's Chief Inspector of Schools in England | England Only |
| 3 | Annual and other reports to Secretary of State | England Only |
| 4 | Powers of entry etc. for purposes of clause 2 | England Only |
| 5 | Duty to inspect certain schools at prescribed intervals | England Only |
| 6 | Duty to notify parents of clause 5 inspection | England Only |
| 7 | Duty to have regard to views of certain persons | England Only |
| 8 | Inspection at discretion of Chief Inspector | England Only |
| 9 | Power of Chief Inspector to treat other inspection as clause 5 inspection | England Only |
| 10 | Power of entry etc. for purposes of inspection under clause 5 or 8 | England Only |
| 11 | Publication of inspection reports | England Only |
| 12 | Interpretation of Chapter 1 | England Only |
Chapter 2 - Procedure for Inspections under Chapter 1 | 13 | Duties of Chief Inspector where school causes or has caused concern | England Only |
| 14 | Destination of reports: maintained schools | England Only |
| 15 | Measures to be taken by local education authority | England Only |
| 16 | Destination of reports: non-maintained schools | England Only |
| 17 | Statement to be prepared by proprietor of school | England Only |
| 18 | Interpretation of Chapter 2 | England Only |
Chapter 3 - School Inspectors and School Inspections: Wales | 19 | Her Majesty's Inspectorate of Education and Training in Wales | Wales only |
| 20 | Functions of Chief Inspector | Wales Only |
| 21 | Annual and other reports to Assembly | Wales Only |
| 22 | Power of Assembly to establish advisory panel | Wales Only |
| 23 | Powers of entry etc. of Chief Inspector | Wales Only |
| 24 | Power of Chief Inspector to arrange for inspections | Wales Only |
| 25 | Registration of Inspectors in Wales | Wales Only |
| 26 | Removal from register and imposition or variation of conditions | Wales Only |
| 27 | Appeals in relation to registration | Wales Only |
| 28 | Duty to arrange regular inspections of certain schools | Wales Only |
| 29 | Publication of inspection reports | Wales Only |
| 30 | Payment of fees into Consolidated Fund | Wales Only |
| 31 | Interpretation of Chapter 3 | Wales Only |
Chapter 4 - Procedure for Inspections under Chapter 3 | 32 | Inspections by members of the Inspectorate | Wales Only |
| 33 | Duty to report on clause 28 inspections | Wales Only |
| 34 | Clause 28 inspections by registered inspectors | Wales Only |
| 35 | Reports of inspections by members of the Inspectorate | Wales Only |
| 36 | Timing of clause 28 inspections by registered Inspectors | Wales Only |
| 37 | Duty to notify where inspection shows maintained school causing concern | Wales Only |
| 38 | Destination of reports: maintained schools | Wales Only |
| 39 | Statement to be prepared by appropriate authority for school | Wales Only |
| 40 | Statement to be prepared by local education authority | Wales Only |
| 41 | Destination of reports: non-maintained schools | Wales Only |
| 42 | Statement to be prepared by proprietor of school | Wales Only |
| 43 | Interpretation of Chapter 4 | Wales Only |
Chapter 5 - Schools causing concern | 44 | Categories of schools causing concern | England and Wales |
| 45 | Cases where Secretary of State or Assembly may direct closure of school | England and Wales |
| 46 | Sixth forms requiring significant improvement | England and Wales |
Chapter 6 - Other Inspections: England and Wales | 47 | Meaning of "denominational education" | England and Wales |
| 48 | Inspection of religious education: England | England Only |
| 49 | Procedure for inspections under clause 48 | England only |
| 50 | Inspection of religious education: Wales | Wales only |
| 51 | Power of LEA to inspect maintained school for specific purpose | England and Wales |
| 52 | Provision of inspection services by LEAs in Wales | Wales Only |
| 53 | Inspection of child minding, day care and nursery education | England and Wales |
| 54 | Inspection of independent schools | England and Wales |
| 55 | Inspection of careers services in Wales | Wales only |
| 56 | Inspection of services related to careers services in Wales | Wales only |
| 57 | Inspections under clauses 55 and 56 | Wales only |
Chapter 7 - Supplementary | 58 | Inspection of computer records | England and Wales |
| 59 | Combined reports | England and Wales |
| 60 | Repeal of School Inspections Act 1996 | England and Wales |
| 61 | Further amendments relating to school inspection | England and Wales |
| 62 | Power of Assembly to change inspection framework for Wales | Wales only |
| 63 | Interpretation of Part 1 | England and Wales |
Part 2: School organisation | 64 | Proposals not requiring consent of Secretary of State | England and Wales |
| 65 | Publication of proposals with consent of Secretary of State | England only |
| 66 | Proposals for new secondary schools in England | England only |
| 67 | Rationalisation of school places in England | England only |
| 68 | Proposals for establishment of federated school | England and Wales |
| 69 | LEA not to establish school on opposite site of Welsh border | England and Wales |
| 70 | Closure of rural primary schools | England and Wales |
| 71 | School organisation: Further amendments | England and Wales |
| 72 | Closure of special schools: statutory consultation | England and Wales |
| 73 | Interpretation of Part 2 | England and Wales |
Part 3: Training the school workforce | 74 | The Training and Development Agency for Schools | England and Wales |
| 75 | Functions of Agency | England and Wales |
| 76 | Powers of Agency in relation to Wales | England and Wales |
| 77 | Membership etc. of Agency | England and Wales |
| 78 | Powers of Agency to provide financial support | England and Wales |
| 79 | Forms of financial support under clause 77 | England and Wales |
| 80 | Provisions supplementary to clauses 76 and 78 | England and Wales |
| 81 | Grants to agency by Secretary of State | England only |
| 82 | Grants to Agency by Assembly | Wales only |
| 83 | Non-funding functions of Agency | England and Wales |
| 84 | Directions by Secretary of State and Assembly | England and Wales |
| 85 | Qualifying activities and eligible institutions in relation to HEFCW funding | Wales only |
| 86 | Grants, loans and other payments by HEFCW | Wales only |
| 87 | Provisions supplementary to clause 85 | Wales only |
| 88 | Grants to HEFCW | Wales only |
| 89 | Power of HEFCW to carry out or commission research | Wales only |
| 90 | Supplementary and ancillary functions of HEFCW | Wales only |
| 91 | Directions by Assembly | Wales only |
| 92 | Joint exercise of functions | England and Wales |
| 93 | Efficiency studies | England and Wales |
| 94 | Duty to provide information | England and Wales |
| 95 | Power of maintained schools to provide training for the school workforce | England and Wales |
| 96 | Interpretation of references to training | England and Wales |
| 97 | Institutions of a denominational character | England and Wales |
| 98 | Further amendments relating to Part 3 | England and Wales |
| 99 | Transitional provisions and savings relating to Part 3 | England and Wales |
| 100 | Interpretation of Part 3 | England and Wales |
Part 4: Miscellaneous | 101 | Funding of maintained schools | England and Wales |
| 102 | LEA targets: England | England only |
| 103 | Removal of requirements for governors' reports and parents' meetings | England and Wales |
| 104 | School profiles | England only |
| 105 | Provision and funding of higher education in maintained schools | England and Wales |
| 106 | Admission arrangements to make special provision for looked-after children | England and Wales |
| 107 | Restrictions on disposal of land | England and Wales |
| 108 | Supply of information: education maintenance allowances | United Kingdom |
| 109 | Unauthorised disclosure of information received under clause 108 | United Kingdom |
| 110 | Supply of information: Free school lunches etc | England and Wales |
| 111 | Unauthorised disclosure of information received under clause 110 | England and Wales |
| 112 | Power to provide that function of determining eligibility remains with LEA | England and Wales |
| 113 | Information about the school workforce: introductory | England and Wales |
| 114 | Supply of information about school workforce | England and Wales |
| 115 | Power of governing body to make alternative provision for excluded pupils | England and Wales |
| 116 | Failure of parent to secure regular attendance of child at alternative provision | England and Wales |
| 117 | Further amendments relating to Part 4 | England and Wales |
| 118 | Meaning of "the 2002 Act" in Part 4 | England and Wales |
Part 5: General | 119 | Functions to be exercisable by National Assembly for Wales | Wales only |
| 120 | Subordinate legislation: general provisions | England and Wales |
| 121 | Parliamentary control of subordinate legislation | England and Wales |
| 122 | General Interpretation | England and Wales |
| 123 | Repeals | England and Wales |
| 124 | Power to make further supplementary and consequential provision etc. | England and Wales |
| 125 | Commencement | England and Wales |
| 126 | The appropriate authority by whom commencement order is made | England and Wales |
| 127 | Extent | England and Wales |
| 128 | Short title, etc. | England and Wales |
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