Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 7 — Supplementary
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60
Repeal of School Inspections Act 1996
The School Inspections Act 1996 (c. 57) (which is superseded by the provisions
of this Part) shall cease to have effect.
61
Further amendments relating to school inspection
Schedule 9 contains further amendments related to the provisions of this Part.
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62
Power of Assembly to change inspection framework for Wales
(1)
The Assembly may by order—
(a)
make provision in relation to Wales corresponding to—
(i)
that made in relation to England by any English inspection
provision, or
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(ii)
that which could be made in relation to England by regulations
under any English inspection provision,
(b)
repeal any Welsh inspection provision which does not correspond to an
English inspection provision, and
(c)
make such provision as the Assembly thinks fit in connection with any
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provision made by virtue of paragraph (a) or (b).
(2)
In relation to section 39 (special measures by appropriate authority for
maintained school), the power conferred by paragraph (b) of subsection (1)
includes power, instead of repealing the section, to limit the cases in which it
applies.
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(3)
The powers conferred by paragraphs (a) and (c) of subsection (1) include
power to amend or repeal any enactment (whenever passed or made),
including any provision of this Act.
(4)
For the purposes of this section—
(a)
an English inspection provision is any provision of—
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(i)
Chapters 1 and 2,
(ii)
sections 48 and 49 (denominational education in England),
(iii)
Schedule 26 to the School Standards and Framework Act 1998
(c. 31) (nursery education), so far as relating to England, or
(iv)
sections 162A and 162B of the Education Act 2002 (independent
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schools in England),
(b)
a Welsh inspection provision is any provision of —
(i)
Chapters 3 and 4,
(ii)
section 50 and Schedule 6 (denominational education in Wales),
(iii)
section 52 (provision of inspection services by local education
35
authorities in Wales),
(iv)
Schedule 26 to the School Standards and Framework Act 1998
(nursery education), so far as relating to Wales, or
(v)
sections 163 and 164 of the Education Act 2002 (c. 32)
(independent schools in Wales).
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(5)
In this section “enactment” includes an enactment comprised in subordinate
legislation, within the meaning of the Interpretation Act 1978 (c. 30).

Education Bill [HL]
Part 2 — School organisation
38

63
Interpretation of Part 1
(1)
In this Part—
“Church of England school”, “Church in Wales school”, “Roman Catholic
Church school” and “appropriate diocesan authority” in each case,
have the meaning given by section 142 of the School Standards and
5
Framework Act 1998 (c. 31);
“delegated budget” has the same meaning as in section 49 of the School
Standards and Framework Act 1998;
“denominational education” has the meaning given by section 47.
(2)
References in this Part to special measures being, or not being, required to be
10
taken in relation to a school are to be read in accordance with section 44(1).
(3)
References in this Part to a school requiring, or not requiring, significant
improvement are to be read in accordance with section 44(2).
Part 2
School organisation
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64
Proposals not requiring consent of Secretary of State
(1)
Section 28 of the School Standards and Framework Act 1998 (proposals for
establishment or alteration of community, foundation or voluntary school) is
amended as follows.
(2)
Omit subsection (1A) and, in subsection (2), the words “(otherwise than
20
pursuant to a notice under section 70 of the Education Act 2002)”.
(3)
After subsection (2) insert—
“(2A)
Subsections (1)(a) and (2)(a) do not apply to any proposal to establish a
secondary school which is to be maintained by a local education
authority in England.
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(2B)
For the purposes of subsection (2A), “secondary school” includes a
middle school as respects which the relevant upper age is at least 16
years, but does not include a school which provides education suitable
only to the requirements of persons above compulsory school age.”
(4)
Omit subsection (4).
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65
Publication of proposals with consent of Secretary of State
After section 28 of the School Standards and Framework Act 1998 insert—
“28A
Proposals for establishment of community, foundation or voluntary
school maintained by English LEA
(1)
A local education authority in England may with the consent of the
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Secretary of State publish under this section their proposals to establish
(otherwise than pursuant to a notice under section 66 of the Education
Act 2005) a new community or foundation school.
(2)
Any persons (referred to in this Part as “promoters”) may with the
consent of the Secretary of State publish under this section their
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proposals to establish (otherwise than pursuant to a notice under

Education Bill [HL]
Part 2 — School organisation
39

section 66 of the Education Act 2005) a new foundation or voluntary
school which is proposed to be maintained by a local education
authority in England.
(3)
Proposals under this section must be proposals for a secondary school;
and for this purpose “secondary school” includes a middle school as
5
respects which the relevant upper age is at least 16 years, but does not
include a school which provides education suitable only to the
requirements of persons above compulsory school age.
(4)
Proposals under this section shall—
(a)
contain such information, and
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(b)
be published in such manner,

as may be prescribed.
(5)
Before publishing any proposals under this section, the relevant
authority or promoters shall consult such persons as appear to them to
be appropriate; and in discharging their duty under this subsection the
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relevant authority or promoters shall have regard to any guidance
given from time to time by the Secretary of State.
(6)
The relevant authority or promoters shall send—
(a)
a copy of any proposals published under this section, and
(b)
such information in connection with those proposals as may be
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prescribed,

to the school organisation committee for the area of the local education
authority who it is proposed should maintain the school.
(7)
Schedule 6 has effect in relation to—
(a)
the procedure for dealing with proposals under this section and
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their implementation, and
(b)
the provision of premises or other assistance in connection with
their implementation.
(8)
Where any proposals published under this section relate to a school
which is proposed to be situated in an area other than that of the local
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education authority who it is proposed should maintain the school, the
provisions of subsection (6) and Schedule 6 shall have effect in relation
to the proposals with such modifications as may be prescribed.
(9)
In this section “the relevant authority or promoters” means the local
education authority mentioned in subsection (1) or the promoters
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mentioned in subsection (2) (as the case may be).”
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Proposals for new secondary schools in England
(1)
A local education authority in England may publish a notice under this section
inviting proposals for the establishment of any school falling within subsection
(2) as a secondary school.
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(2)
The following schools fall within this subsection—
(a)
a foundation school;
(b)
a voluntary school;
(c)
an Academy.
(3)
A notice under this section must—
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Education Bill [HL]
Part 2 — School organisation
40

(a)
identify a possible site for the school,
(b)
specify a date, being a date after the prescribed interval, by which
proposals must be submitted,
(c)
specify such other matters as may be prescribed, and
(d)
be published in the prescribed manner.
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(4)
Before publishing a notice under this section, the local education authority
must consult any prescribed persons, and such other persons as appear to the
authority to be appropriate, about such of the relevant matters as may be
prescribed or (if none are prescribed) about such of the relevant matters as
appear to the authority to be appropriate.
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(5)
In subsection (4) “the relevant matters” means the matters to be specified under
subsection (3)(a) and (c) in the notice.
(6)
Regulations may prescribe requirements to be met by the local education
authority in relation to consultation under subsection (4).
(7)
Proposals made pursuant to a notice under this section must—
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(a)
contain the prescribed information, and
(b)
be submitted to the local education authority before the date specified
in the notice.
(8)
After the date specified in a notice published by a local education authority
under this section the authority—
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(a)
must publish under this section any proposals submitted pursuant to
the notice in accordance with subsection (7), and
(b)
may publish under this section proposals of their own for the
establishment of a community or foundation school as a secondary
school.
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(9)
Regulations may prescribe—
(a)
the time within which proposals under this section must be published,
(b)
the manner in which they must be published, and
(c)
the information which proposals within subsection (8)(b) must contain.
(10)
Regulations may require the local education authority to take prescribed steps
30
for the purpose of promoting public awareness of any proposals published by
them under this section.
(11)
For the purposes of this section “secondary school” includes a middle school as
respects which the relevant upper age is at least 16 years, but does not include
a school which provides education suitable only to the requirements of persons
35
above compulsory school age.
(12)
Schedule 10 contains provision in relation to the consideration, approval and
implementation of proposals under this section.
(13)
Where any proposals published under this section relate to a school which is
proposed to be situated in an area other than that of the local education
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authority who published the notice under this section, the provisions of
Schedule 10 shall have effect in relation to the proposals with such
modifications as may be prescribed.
(14)
Section 70 of, and Schedule 8 to, the Education Act 2002 (proposals for
additional secondary schools) shall cease to have effect.
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