Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 1 — Her Majesty’s Chief Inspector of Schools In England
70

Schedules
Schedule 1
Section 1

Her Majesty’s Chief Inspector of Schools In England
Chief Inspector’s other staff
1
The Chief Inspector may appoint such staff, in addition to inspectors who
5
are members of his staff by virtue of section 1(3), as he thinks fit.
Additional inspectors
2     (1)
The Chief Inspector may arrange for such persons as he thinks fit to assist
him in the discharge of his functions in relation to a particular case or class
of case.
10
      (2)
Any person assisting the Chief Inspector under any such arrangements is to
be known as an additional inspector.
      (3)
The Chief Inspector must ensure that additional inspectors have the
necessary qualifications, experience and skills to assist him in the effective
discharge of his functions.
15
      (4)
In pursuance of the duty imposed by sub-paragraph (3), the Chief Inspector
must publish in such manner as he thinks fit, and may from time to time
revise, a statement of—
(a)
the qualifications or experience (or both) that are to be required of
additional inspectors who are not members of his staff, and
20
(b)
the standards that such additional inspectors are to be required to
meet in the exercise of their functions and the skills that they are to
be required to demonstrate in the exercise of those functions.
      (5)
Any arrangements which provide for assistance by persons who are not
members of the Chief Inspector’s staff must be made on terms that require
25
the person with whom the arrangements are made to secure compliance
with any requirements that are from time to time published under sub-
paragraph (4).
      (6)
If the Chief Inspector has entered into arrangements with persons who are
not themselves additional inspectors (“inspection service providers”) for the
30
provision by the inspection service providers of the services of inspectors,
the Chief Inspector must publish, at intervals of not more than 12 months, a
list of the names of those persons who, as at a specified date, are currently
notified to him by any inspection service provider as persons with whom the
inspection service provider proposes to make arrangements for the carrying
35
out of inspections on behalf of the Chief Inspector.

Education Bill [HL]
Schedule 1 — Her Majesty’s Chief Inspector of Schools In England
71

      (7)
An additional inspector acting within the authority conferred on him by the
Chief Inspector has all the powers of one of Her Majesty’s Inspectors of
Schools in England.
      (8)
The Chief Inspector may not authorise an additional inspector to conduct an
inspection of a school under section 5 unless—
5
(a)
the inspection is to be supervised by one of Her Majesty’s Inspectors
of Schools in England, or
(b)
the additional inspector has previously conducted an inspection
under that section under the supervision of one of Her Majesty’s
Inspectors of Schools in England (“the supervising inspector”) to the
10
satisfaction of the supervising inspector.
Remuneration, pensions etc.
3     (1)
There are to be paid to the Chief Inspector such remuneration, and such
travelling and other allowances, as the Secretary of State may determine.
      (2)
In the case of any such Chief Inspector as may be determined by the
15
Secretary of State, there is to be paid—
(a)
such pension, allowance or gratuity to or in respect of him, or
(b)
such contributions or payments towards provision for such a
pension, allowance or gratuity,

as may be so determined.
20
      (3)
If, when any person ceases to hold office as Chief Inspector, the Secretary of
State determines that there are special circumstances which make it right
that he should receive compensation, there may be paid to him such sum by
way of compensation as may be determined by the Secretary of State.
Official seal
25
4
The Chief Inspector is to continue to have an official seal for the
authentication of documents required for the purposes of his functions.
Performance of functions
5     (1)
Subject to sub-paragraph (3) and paragraph 2(8), anything authorised or
required by or under this Part of this Act or any other enactment to be done
30
by the Chief Inspector may be done by—
(a)
any of Her Majesty’s Inspectors of Schools in England,
(b)
any other member of his staff, or
(c)
any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector.
35
      (2)
Without prejudice to the generality of sub-paragraph (1), the references to
the Chief Inspector in sections 4 and 10 (powers of entry) include references
to any person authorised to act on his behalf under sub-paragraph (1).
      (3)
The making of any report of an inspection of a school under section 5 which
states the opinion that special measures are required to be taken in relation
40
to the school must be personally authorised by—
(a)
the Chief Inspector, or

Education Bill [HL]
Schedule 2 — Her Majesty’s Chief Inspector of Education and Training in Wales
72

(b)
one of Her Majesty’s Inspectors of Schools in England who is
authorised by the Chief Inspector for the purposes of this sub-
paragraph.
Documentary evidence
6
The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief
5
Inspector as if—
(a)
he were included in the first column of the Schedule to that Act,
(b)
he and any person authorised to act on his behalf were mentioned in
the second column of that Schedule, and
(c)
the regulations referred to in that Act included any document issued
10
by him or any such person.
Schedule 2
Section 19

Her Majesty’s Chief Inspector of Education and Training in Wales
Chief Inspector’s other staff
1
The Chief Inspector may, with the approval of the Assembly as to numbers
15
and terms and conditions of service, appoint such staff, in addition to
inspectors who are members of his staff by virtue of section 19(3), as he
thinks fit.
Additional inspectors
2     (1)
The Chief Inspector may arrange for such persons as he thinks fit to assist
20
him in the discharge of his functions in relation to a particular case or class
of case.
      (2)
Any person assisting the Chief Inspector under any such arrangements is to
be known as an additional inspector.
      (3)
Any arrangements which provide for assistance by persons who are not
25
members of the Chief Inspector’s staff must be made on terms agreed by him
with the Assembly.
      (4)
An additional inspector acting within the authority conferred on him by the
Chief Inspector has all the powers of one of Her Majesty’s Inspectors of
Education and Training in Wales.
30
Remuneration, pensions etc.
3     (1)
There are to be paid to the Chief Inspector such remuneration, and such
travelling and other allowances, as the Assembly may determine.
      (2)
In the case of any such Chief Inspector as may be determined by the
Assembly, there is to be paid—
35
(a)
such pension, allowance or gratuity to or in respect of him, or
(b)
such contributions or payments towards provision for such a
pension, allowance or gratuity,

as may be so determined.

Education Bill [HL]
Schedule 3 — Registration of inspectors in Wales: tribunals hearing appeals under section 27
73

      (3)
If, when any person ceases to hold office as Chief Inspector, the Assembly
determines that there are special circumstances which make it right that he
should receive compensation, there may be paid to him such sum by way of
compensation as may be determined by the Assembly.
Official seal
5
4
The Chief Inspector is to continue to have an official seal for the
authentication of documents required for the purposes of his functions.
Performance of functions
5     (1)
Anything authorised or required by or under this Part of this Act or any
other enactment to be done by the Chief Inspector may be done by—
10
(a)
any of Her Majesty’s Inspectors of Education and Training in Wales,
(b)
any other member of his staff, or
(c)
any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector.
      (2)
Without prejudice to the generality of sub-paragraph (1), the references to
15
the Chief Inspector in section 23 include references to any person authorised
to act on his behalf under sub-paragraph (1).
Documentary evidence
6
The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief
Inspector as if—
20
(a)
he were included in the first column of the Schedule to that Act,
(b)
he and any person authorised to act on his behalf were mentioned in
the second column of that Schedule, and
(c)
the regulations referred to in that Act included any document issued
by him or any such person.
25
Schedule 3
Section 27

Registration of inspectors in Wales: tribunals hearing appeals under section
27
Constitution of tribunals
1     (1)
A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to
30
consist of—
(a)
a chairman appointed by the Lord Chancellor, and
(b)
two other members appointed by the Assembly.
      (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
35
Courts and Legal Services Act 1990 (c. 41)).
      (3)
A person may not be appointed after the day on which he attains the age of
70 to be the chairman of a tribunal.

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 28
74

Procedure of tribunals
2     (1)
The Assembly 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
5
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,
10
(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 paragraph (f),
15
(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
20
to be dealt with by the chairman of the tribunal hearing that appeal.
Staff
3
The Assembly may make such provision as the Assembly thinks fit for—
(a)
the allocation of staff for any tribunal,
(b)
the remuneration of members of tribunals and the reimbursement of
25
their expenses,
(c)
defraying any reasonable expenses incurred by any tribunal.
Schedule 4
Section 28

School inspections in Wales under section 28
Interpretation
30
1
In this Schedule—
“appropriate authority” means—
(a)
in relation to a community, foundation or voluntary school, a
community or foundation special school or a maintained
nursery school, the school’s governing body or, if the school
35
does not have a delegated budget, the local education authority,
and
(b)
in relation to a school falling within section 28(2)(d), the
proprietor of the school;
“inspection” means an inspection under section 28.
40

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 28
75

Selection of registered inspectors
2     (1)
Before entering into any arrangement for an inspection by a registered
inspector, the Chief Inspector must invite tenders from at least two persons
who can reasonably be expected to tender for the proposed inspection and
to do so at arm’s length from each other, and each of whom is either—
5
(a)
a registered inspector, or
(b)
a person who the Chief Inspector is satisfied would, if his tender
were successful, arrange with a registered inspector for the
inspection to be carried out.
      (2)
Before an inspection takes place the Chief Inspector must consult the
10
appropriate authority about the inspection.
Inspection teams
3     (1)
Every inspection must be conducted by a registered inspector or member of
the Inspectorate with the assistance of a team (“an inspection team”); and no
person may act as a member of an inspection team unless—
15
(a)
he is enrolled in the list kept by the Chief Inspector under paragraph
4, or
(b)
he is a member of the Inspectorate and (if he is not the Chief
Inspector) is authorised so to act by the Chief Inspector.
      (2)
It is the duty of the inspector conducting the inspection to ensure that—
20
(a)
at least one member of the inspection team is a person—
(i)
without personal experience in the management of any
school or in the provision of education in any school
(otherwise than as a governor or in any other voluntary
capacity), and
25
(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 is to be determined by the
30
inspector conducting the inspection, subject (in the case of a registered
inspector) to his complying with any condition imposed under section
25(4)(c).
      (4)
Any experience of a kind mentioned in sub-paragraph (2)(a) which it is
reasonable to regard as insignificant, having regard to the purposes of sub-
35
paragraph (2), may be ignored by the inspector conducting the inspection.
      (5)
It is the duty of the inspector conducting the inspection to ensure that no
person takes part in an inspection if he has, or has at any time had, any
connection with—
(a)
the school in question,
40
(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.
45

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 28
76

Enrolment of persons to act as team members
4     (1)
The Chief Inspector must keep a list of persons who may act as members of
an inspection team by virtue of paragraph 3(1)(a) (“the list”).
      (2)
The Chief Inspector may not enrol any person in the list unless, having
regard to any conditions that he proposes to impose under section 25(4)(c)
5
(as it applies in accordance with sub-paragraph (4) of this paragraph), it
appears to him that that person—
(a)
is a fit and proper person for carrying out an inspection, and
(b)
will be capable of assisting in an inspection competently and
effectively.
10
      (3)
An application for enrolment in the list must (except in such circumstances
as may be prescribed) be accompanied by the prescribed fee.
      (4)
Subsections (3)(a), (4), (5)(b) and (6) to (9) of section 25 apply in relation to
the enrolment of a person in the list and acting as a member of an inspection
team as they apply in relation to the registration of a person under
15
subsection (1) of that section and to acting as a registered inspector, but as if
the reference in subsection (5)(b) of that section to the need for registered
inspectors were a reference to the need for enrolled persons.
      (5)
Sections 26 and 27 and Schedule 3 apply in relation to enrolment on the list
and to a person so enrolled as they apply in relation to registration under
20
section 25(1) and to a person so registered, but with any necessary
modifications.
      (6)
In its application to an enrolled person in accordance with sub-paragraph
(5), section 26 has effect as if the conditions mentioned in subsection (2) of
that section were that—
25
(a)
that person is no longer a fit and proper person to act as a member of
an inspection team;
(b)
he is no longer capable of assisting in an inspection competently and
effectively;
(c)
there has been a significant failure on his part to comply with any
30
condition imposed under section 25(4)(c) (as it applies in accordance
with sub-paragraph (4)).
      (7)
Without prejudice to the generality of paragraph 2(1) of Schedule 3,
regulations under that provision may provide that, where a person is
appealing simultaneously —
35
(a)
against a decision of the Chief Inspector relating to that person’s
registration, and
(b)
against a decision of the Chief Inspector relating to that person’s
enrolment in the list,

both appeals are to be heard at the same time.
40
Training for inspections
5     (1)
No person who is not a member of the Inspectorate may conduct an
inspection of a school in Wales, or act as a member of an inspection team for
such a school, unless he has, in the opinion of the Chief Inspector,
satisfactorily completed a course of training provided by, or complying with
45
arrangements approved by, the Chief Inspector.