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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

 

 

 
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