Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998
91

(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
England shall—

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998
92

(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
prescribed.
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
by paragraph 6A(5).
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
section.
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
may consider necessary.
      (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
prescribed.
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
section.”
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
Schedule.

Education Bill [HL]
Schedule 8 — Inspection of independent schools
93

      (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
of this Schedule.”
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
paragraph 6B, or
(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
paragraph 6A, or
(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
paragraph 6B.”
Schedule 8
Section 54

Inspection of independent schools
1
In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).

Education Bill [HL]
Schedule 8 — Inspection of independent schools
94

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
the inspection.
(3)
Section 58 of the Education Act 2005 (computer records) applies in
relation to the inspection of records or other documents under
40
subsection (2)(b).
(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
scale.

Education Bill [HL]
Schedule 8 — Inspection of independent schools
95

(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
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
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
section 163(1)(a).
(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

Education Bill [HL]
Schedule 8 — Inspection of independent schools
96

(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
in subsection (2)(b)—
(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
the inspection.
(6)
Section 58 of the Education Act 2005 (computer records) applies in
25
relation to the inspection of records or other documents under
subsection (5)(b).
(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
scale.
(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
Wales).”
4
In section 165 of the 2002 Act (failure to meet standards), in subsection (1)(a),
45
after “section” insert “162A or”.

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection
97

5
In section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit
the definition of “registered inspector”.
Schedule 9
Section 61

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
amended as follows.
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
the Education Act 2005”.
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