|
| |
|
(a) | for “6” (in both places) substitute “6B”, and |
| |
(b) | in paragraph (a), after “registered” insert “Welsh”. |
| |
(5) | In sub-paragraph (3)— |
| |
(a) | in paragraph (a), after “registered” insert “Welsh”, and |
| |
(b) | in paragraph (b), for “6” substitute “6B”. |
| 5 |
(6) | In sub-paragraph (5), omit “England and”. |
| |
(7) | In sub-paragraph (7), for “registered nursery education inspector” substitute |
| |
“registered Welsh nursery education inspector”. |
| |
15 (1) | Paragraph 9 is amended as follows. |
| |
(2) | In sub-paragraph (1), after “Chief Inspector” insert “for Wales”. |
| 10 |
(3) | In sub-paragraph (2)— |
| |
(a) | in paragraph (a), after “registered” insert “Welsh”, and |
| |
(b) | in paragraphs (a) and (d), for “6” substitute “6B”. |
| |
(4) | In sub-paragraph (3), after “Chief Inspector” insert “for Wales”. |
| |
(5) | Omit sub-paragraph (5). |
| 15 |
16 (1) | Paragraph 10 is amended as follows. |
| |
(2) | In sub-paragraph (1), after “Chief Inspector” insert “for Wales”. |
| |
(3) | Omit sub-paragraph (1A). |
| |
(4) | For sub-paragraph (2) substitute— |
| |
“(2) | An appeal under sub-paragraph (1) shall be made to a tribunal |
| 20 |
with the same constitution as a tribunal to hear an appeal under |
| |
section 27 of the Education Act 2005; and paragraph 2 (procedure) |
| |
and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals |
| |
to hear appeals under sub-paragraph (1) as they apply to tribunals |
| |
to hear appeals under that section.” |
| 25 |
(5) | In sub-paragraphs (4) and (5) after “Chief Inspector” insert “for Wales”. |
| |
17 | For the heading before paragraph 11 substitute “Training of registered |
| |
Welsh nursery education inspectors”. |
| |
18 (1) | Paragraph 11 is amended as follows. |
| |
(2) | In sub-paragraph (1)— |
| 30 |
(a) | after “registered” insert “Welsh”, and |
| |
(b) | after “Chief Inspector”, in both places, insert “for Wales”. |
| |
(3) | In sub-paragraphs (2) and (3), after “Chief Inspector” insert “for Wales”. |
| |
19 | In paragraph 12, for “6” substitute “6B”. |
| |
20 | For paragraph 13 (and the heading immediately preceding it) substitute— |
| 35 |
“Reports of inspections: England |
| |
13A (1) | After an inspection under paragraph 6A, the Chief Inspector for |
| |
| |
|
| |
|
| |
|
(a) | make a report in writing, and |
| |
(b) | ensure that a copy of the report is sent without delay— |
| |
(i) | to the responsible person, and |
| |
(ii) | to such other authorities and persons as may be |
| |
| 5 |
(2) | Regulations may make provision— |
| |
(a) | requiring the responsible person to make a copy of any |
| |
report sent to him under sub-paragraph (1)(b)(i) available |
| |
for inspection by prescribed persons, |
| |
(b) | requiring the responsible person to provide a copy of the |
| 10 |
report to prescribed persons, and |
| |
(c) | authorising the responsible person in prescribed cases to |
| |
charge a fee for providing a copy of the report. |
| |
(3) | In sub-paragraph (2) “responsible person” has the meaning given |
| |
| 15 |
(4) | Subsections (2) to (4) of section 11 of the Education Act 2005 shall |
| |
apply in relation to the publication of any such report in relation |
| |
to England as they apply in relation to the publication of a report |
| |
under any of the provisions mentioned in subsection (2) of that |
| |
| 20 |
Reports of inspections: Wales |
| |
13B (1) | Where a person has conducted an inspection under paragraph 6B |
| |
he shall make his report in writing to the Chief Inspector for Wales |
| |
within such period as may be prescribed, subject to any extension |
| |
not exceeding three months which the Chief Inspector for Wales |
| 25 |
| |
(2) | Once the report of an inspection has been made to the Chief |
| |
Inspector for Wales under sub-paragraph (1) he shall without |
| |
delay send a copy to such authorities and persons as may be |
| |
| 30 |
(3) | Regulations may require any prescribed person to whom a copy of |
| |
the report is sent under subsection (2) to make a copy of the report |
| |
available for inspection by prescribed persons. |
| |
(4) | Subsections (2) to (4) of section 29 of the Education Act 2005 shall |
| |
apply in relation to the publication of any such report in relation |
| 35 |
to Wales as they apply in relation to the publication of a report |
| |
under any of the provisions mentioned in subsection (2) of that |
| |
| |
21 | For paragraph 14 substitute— |
| |
“14 (1) | The annual report of the Chief Inspector for England required by |
| 40 |
paragraph (a) of section 3 of the Education Act 2005 to be made to |
| |
the Secretary of State shall include an account of the exercise of the |
| |
functions conferred or imposed on him by or under this Schedule; |
| |
and the power conferred by paragraph (b) of that section to make |
| |
other reports to the Secretary of State includes a power to make |
| 45 |
reports which fall within the scope of his functions by virtue of this |
| |
| |
|
| |
|
| |
|
(2) | The annual report of the Chief Inspector for Wales required by |
| |
subsection (1)(a) of section 21 of the Education Act 2005 to be made |
| |
to the National Assembly for Wales shall include an account of the |
| |
exercise of the functions conferred or imposed on him by or under |
| |
this Schedule; and the power conferred by subsection (1)(b) of that |
| 5 |
section to make other reports to the Assembly includes a power to |
| |
make reports which fall within the scope of his functions by virtue |
| |
| |
22 | In paragraph 16, for “6” substitute “6A or 6B”. |
| |
23 | For paragraph 17 substitute— |
| 10 |
“17 | Where an inspection in Wales is being conducted by a registered |
| |
Welsh nursery education inspector under paragraph 6B, the Chief |
| |
Inspector for Wales may arrange for the inspection to be |
| |
monitored by one or more members of the Welsh Inspectorate.” |
| |
24 (1) | Paragraph 18 is amended as follows. |
| 15 |
(2) | For sub-paragraph (1) substitute— |
| |
“(1) | This paragraph applies to— |
| |
(a) | the Chief Inspector for England when conducting an |
| |
inspection under paragraph 6A, |
| |
(b) | a registered Welsh nursery education inspector or member |
| 20 |
of the Welsh Inspectorate conducting an inspection under |
| |
| |
(c) | a member of the Welsh Inspectorate monitoring under |
| |
paragraph 17 an inspection under paragraph 6B.” |
| |
(3) | For sub-paragraphs (3) and (4) substitute— |
| 25 |
“(3) | Section 58 of the Education Act 2005 (inspection of computer records |
| |
for the purposes of Part 1 of that Act) shall apply for the purposes of |
| |
this paragraph as it applies for the purposes of Part 1 of that Act. |
| |
(4) | It shall be an offence— |
| |
(a) | intentionally to obstruct the Chief Inspector for England in |
| 30 |
the exercise of his functions in relation to an inspection under |
| |
| |
(b) | intentionally to obstruct a member of the Welsh Inspectorate |
| |
or a registered Welsh nursery education inspector in the |
| |
exercise of his functions in relation to an inspection under |
| 35 |
| |
| |
| |
Inspection of independent schools |
| |
1 | In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32). |
| |
|
| |
|
| |
|
2 | After section 162 of the 2002 Act insert— |
| |
“162A | Power to inspect registered schools in England |
| |
(1) | The registration authority may at any time— |
| |
(a) | require the Chief Inspector for England to inspect any |
| |
registered school in England, or |
| 5 |
(b) | arrange for the inspection of any registered school in England |
| |
by a body approved by the registration authority for the |
| |
purposes of this subsection. |
| |
(2) | The inspection of a school under this section shall relate to— |
| |
(a) | such of the independent school standards as are, at the time |
| 10 |
of the inspection, specified by the registration authority for |
| |
the purposes of this section in relation to any category of |
| |
school into which that school falls, or |
| |
(b) | if the registration authority so determines, such of the |
| |
independent school standards as the registration authority |
| 15 |
may specify in relation to that school. |
| |
(3) | When conducting an inspection under this section, the Chief |
| |
Inspector for England shall— |
| |
(a) | make a report to the registration authority on the extent to |
| |
which the school meets the standard or standards to which |
| 20 |
the inspection relates, and |
| |
(b) | if the registration authority so requires, arrange for the |
| |
publication of the report in the prescribed manner. |
| |
(4) | A report published under subsection (3) is privileged for the |
| |
purposes of the law of defamation unless the publication is shown to |
| 25 |
be made with malice (but without prejudice to any privilege |
| |
subsisting apart from this subsection). |
| |
(5) | In this section and section 162B “the Chief Inspector for England” |
| |
means Her Majesty’s Chief Inspector of Schools in England. |
| |
162B | Inspections under section 162A: supplementary |
| 30 |
(1) | This section applies to the inspection of a school which is conducted |
| |
by the Chief Inspector for England under section 162A(1)(a). |
| |
(2) | The Chief Inspector for England shall have at all reasonable times— |
| |
(a) | a right of entry to the premises of the school, and |
| |
(b) | a right to inspect and take copies of any records kept by the |
| 35 |
school and any other documents containing information |
| |
relating to the school which are required for the purposes of |
| |
| |
(3) | Section 58 of the Education Act 2005 (computer records) applies in |
| |
relation to the inspection of records or other documents under |
| 40 |
| |
(4) | It is an offence intentionally to obstruct a person in the exercise of his |
| |
functions in relation to the inspection. |
| |
(5) | A person guilty of an offence under subsection (4) is liable on |
| |
summary conviction to a fine not exceeding level 4 on the standard |
| 45 |
| |
|
| |
|
| |
|
(6) | The proprietor of the school shall pay the Chief Inspector for |
| |
England, in respect of the inspection, a fee of such amount, and by |
| |
such time, as may be specified in or determined under regulations. |
| |
(7) | Where the proprietor fails to comply with subsection (6), the |
| |
registration authority may remove the school from the register. |
| 5 |
(8) | The Chief Inspector for England shall pay the amount of any fee |
| |
received under subsection (7) into the Consolidated Fund.” |
| |
3 | For sections 163 and 164 of the 2002 Act substitute— |
| |
“163 | Power to inspect registered schools in Wales |
| |
(1) | The registration authority may at any time— |
| 10 |
(a) | require the Chief Inspector for Wales to inspect any |
| |
registered school in Wales, or to secure its inspection by one |
| |
or more registered inspectors, or |
| |
(b) | arrange for the inspection of any registered school by a body |
| |
approved by the registration authority for the purposes of |
| 15 |
| |
(2) | The inspection of a school under this section shall relate to— |
| |
(a) | such of the independent school standards as are, at the time |
| |
of the inspection, specified by the registration authority for |
| |
the purposes of this section in relation to any category of |
| 20 |
school into which that school falls, or |
| |
(b) | if the registration authority so determines, such of the |
| |
independent school standards as the registration authority |
| |
may specify in relation to that school. |
| |
(3) | A person who conducts an inspection under this section shall— |
| 25 |
(a) | make a report to the registration authority on the extent to |
| |
which the school meets the standard or standards to which |
| |
the inspection relates, and |
| |
(b) | if the registration authority so requires, arrange for the |
| |
publication of the report in the prescribed manner. |
| 30 |
(4) | A report published under subsection (3) is privileged for the |
| |
purposes of the law of defamation unless the publication is shown to |
| |
be made with malice (but without prejudice to any privilege |
| |
subsisting apart from this subsection). |
| |
(5) | In this section and section 164— |
| 35 |
“the Chief Inspector for Wales” means Her Majesty’s Chief |
| |
Inspector of Education and Training in Wales; |
| |
“registered inspector” means a person registered under section |
| |
25 of the Education Act 2005. |
| |
164 | Inspections under section 163: supplementary |
| 40 |
(1) | This section applies to the inspection of a school which is conducted |
| |
by the Chief Inspector for Wales or a registered inspector under |
| |
| |
(2) | If the inspection is conducted by a registered inspector— |
| |
(a) | he may, by agreement with the Chief Inspector for Wales, be |
| 45 |
assisted by the Chief Inspector for Wales, and |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(6) | Section 58 of the Education Act 2005 (computer records) applies in |
| 25 |
relation to the inspection of records or other documents under |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
4 | In section 165 of the 2002 Act (failure to meet standards), in subsection (1)(a), |
| 45 |
after “section” insert “162A or”. |
| |
|
| |
|
| |
|
5 | In section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit |
| |
the definition of “registered inspector”. |
| |
| |
| |
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 |
| |
| 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 |
| |
| |
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 |
| |
|
| |
|