Education Bill [HL]

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Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection
98

to have effect with the following amendment (originally made by paragraph
7 of Schedule 4 to the Education (Schools) Act 1992 and continued by
paragraph 4 of Schedule 6 to the School Inspections Act 1996).
      (2)
For the words from “school” to the end of the paragraph substitute “by, or
under the direction of, one or more of Her Majesty’s Inspectors of Schools
5
for England”.
Tribunals and Inquiries Act 1992 (c. 53)
6
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals
under direct supervision of Council on Tribunals), in paragraph 15(d) for
“Schedule 2 to the School Inspections Act 1996 (c. 57)” substitute “Schedule
10
3 to the Education Act 2005”.
Judicial Pensions and Retirement Act 1993 (c. 8)
7
In section 26 of the Judicial Pensions and Retirement Act 1993 (retirement
date for holders of certain judicial offices etc.) in subsection (8)(h), for
“Schedule 2 to the School Inspections Act 1996” substitute “Schedule 3 to the
15
Education Act 2005”.
Disability Discrimination Act 1995 (c. 50)
8
In section 28D of the Disability Discrimination Act 1995 (accessibility
strategies and plans), in subsection (13) for “School Inspections Act 1996”
substitute “Part 1 of the Education Act 2005”.
20
Education Act 1996 (c. 56)
9
In section 578(1) (meaning of “the Education Acts”) omit “the School
Inspections Act 1996”.
10
In Schedule 36 to the Education Act 1996 (uniform statutory trusts for
educational endowments), in paragraph 2(b) for “Part I of the School
25
Inspections Act 1996” substitute “Part 1 of the Education Act 2005”.
Education Act 1997 (c. 44)
11
In section 38 of the Education Act 1997 (inspection of local education
authorities) in subsection (5)(b) for “paragraph 2 of Schedule 1 to the School
Inspections Act 1996” substitute “paragraph 2 of Schedule 1 to the Education
30
Act 2005 or (as the case requires) paragraph 2 of Schedule 2 to that Act”.
12
In section 39 of the Education Act 1997 (reports of inspections under section
38 and action plan by local education authority), in subsection (4)—
(a)
for “section 42A(2) to (4) of the School Inspections Act 1996”
substitute “section 11(2) to (4) of the Education Act 2005 or, in
35
relation to Wales, section 29(2) to (4) of that Act”, and
(b)
for “section 42A(2)” substitute “section 11(2) or, as the case may be,
section 29(2)”.
13
In section 40 (inspector’s right of entry etc.), in subsection (4) for “Section 42
of the School Inspections Act 1996” substitute “Section 58 of the Education
40
Act 2005”.

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection
99

School Standards and Framework Act 1998 (c. 31)
14    (1)
Section 14 of the School Standards and Framework Act 1998 (powers of
intervention exercisable by LEAs) is amended as follows.
      (2)
In subsections (1)(b) and (3), for “with serious weaknesses” substitute
“requiring significant improvement”.
5
      (3)
For subsection (4) substitute—
“(4)
In this Chapter—
(a)
“Chief Inspector” means—
(i)
in relation to a school in England, Her Majesty’s Chief
Inspector of Schools in England, and
10
(ii)
in relation to a school in Wales, Her Majesty’s Chief
Inspector of Education and Training in Wales,
(b)
“member of the Inspectorate”, in relation to an inspection of
a school in Wales, has the meaning given by section 43 of the
Education Act 2005,
15
(c)
references to special measures being, or not being, required
to be taken in relation to a school are to be read in accordance
with section 44(1) of that Act, and
(d)
references to a school requiring, or not requiring, significant
improvement are to be read in accordance with section 44(2)
20
of that Act.”
15    (1)
Section 15 of the School Standards and Framework Act 1998 (cases where
LEA may exercise powers of intervention) is amended as follows.
      (2)
For subsection (4) substitute—
“(4)
This section applies to a maintained school by virtue of this
25
subsection if—
(a)
following an inspection of the school under Chapter 1 or 3 of
Part 1 of the Education Act 2005, the Chief Inspector—
(i)
in the case of a school in England, has given the
Secretary of State a notice under subsection (3)(a) of
30
section 13 of that Act in a case falling within
subsection (1)(b) of that section (school requiring
significant improvement), or
(ii)
in the case of a school in Wales, has given the National
Assembly for Wales a notice under subsection (2) of
35
section 37 of that Act in a case falling within
subsection (1)(a)(ii) or (b)(ii) of that section (school
requiring significant improvement), and
(b)
where any subsequent inspection of the school has been
made under Chapter 1 or 3 of Part 1 of that Act, the notice has
40
not been superseded by—
(i)
the person making the subsequent inspection making
a report stating that in his opinion the school no
longer requires significant improvement, or
(ii)
the Chief Inspector giving the Secretary of State or the
45
Assembly a notice under section 13(3)(a) or 37(2) of
that Act in a case falling within section 13(1)(a) or

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection
100

37(1)(a)(i) or (1)(b)(i) (school requiring special
measures).”
      (3)
Omit subsection (5).
      (4)
For subsection (6) substitute—
“(6)
This section applies to a maintained school by virtue of this
5
subsection if—
(a)
following an inspection of the school under Chapter 1 or 3 of
Part 1 of the Education Act 2005, the Chief Inspector—
(i)
in the case of a school in England, has given the
Secretary of State a notice under subsection (3)(a) of
10
section 13 of that Act in a case falling within
subsection (1)(a) of that section (school requiring
special measures), or
(ii)
in the case of a school in Wales, has given the National
Assembly for Wales a notice under subsection (2) of
15
section 37 of that Act in a case falling with subsection
(1)(a)(i) or (b)(i) of that section (school requiring
special measures), and
(b)
where any subsequent inspection of the school has been
made under Chapter 1 or 3 of Part 1 of that Act, the person
20
making it did not state that in his opinion special measures
were not required to be taken in relation to the school.”
16    (1)
Section 16 of the School Standards and Framework Act 1998 (power of LEA
to appoint additional governors) is amended as follows.
      (2)
In subsection (3)—
25
(a)
for “with serious weaknesses” substitute “requiring significant
improvement”, and
(b)
for paragraph (a) substitute—
“(a)
the Chief Inspector has given the local education
authority a notice under section 13(3)(a) or 37(2) of the
30
Education Act 2005”.
      (3)
In subsection (9)(a), for “section 16A(2) of the School Inspections Act 1996”
substitute “section 13(3)(a) or 37(2) of the Education Act 2005”.
17
In section 16A of the School Standards and Framework Act 1998 (power of
LEA to provide for governing body to consist of interim executive
35
members), in subsection (2)—
(a)
for “with serious weaknesses” substitute “requiring significant
improvement”, and
(b)
for paragraph (a) substitute—
“(a)
the Chief Inspector has given the local education
40
authority a notice under section 13(3)(a) or 37(2) of the
Education Act 2005, and”.
18
In section 17 of the School Standards and Framework Act 1998 (power of
LEA to suspend right to delegated budget), in subsection (3)—
(a)
for “with serious weaknesses” substitute “requiring significant
45
improvement”, and

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection
101

(b)
for paragraph (a) substitute—
“(a)
the Chief Inspector has given the local education
authority a notice under section 13(3)(a) or 37(2) of the
Education Act 2005, and”.
19
In section 18 of the School Standards and Framework Act 1998 (power of
5
Secretary of State to appoint additional governors), in subsection (1)(a), for
“with serious weaknesses” substitute “requiring significant improvement”.
20
In section 18A of the School Standards and Framework Act 1998 (power of
Secretary of State to provide for governing body to consist of interim
executive members), in subsection (1)(a), for “with serious weaknesses”
10
substitute “requiring significant improvement”.
21
In section 127 of the School Standards and Framework Act 1998 (code of
practice for securing effective relationships between local education
authorities and maintained schools), in subsection (6)—
(a)
omit paragraph (l), and
15
(b)
after paragraph (q) insert—
“(r)
section 51 of the Education Act 2005 (power of local
education authority to inspect school for specific
purpose),”.
Government of Wales Act 1998 (c. 38)
20
22
In Schedule 6 to the Government of Wales Act 1998 (Her Majesty’s Chief
Inspector of Education and Training in Wales), in the definition of “the
Office of the Chief Inspector” in paragraph 1, for “(in accordance with
section 4(3) of, and Schedule 1 to, the School Inspections Act 1996)”
substitute “(in accordance with section 19(3) of, and Schedule 2 to, the
25
Education Act 2005)”.
Protection of Children Act 1999 (c. 14)
23
In section 9 of the Protection of Children Act 1999 (tribunal to hear certain
appeals) omit subsection (2)(ca).
Learning and Skills Act 2000 (c. 21)
30
24
In section 75 of the Learning and Skills Act 2000 (extended remit of Chief
Inspector for Wales), in subsection (2)(a) for “the Schools Inspections Act
1996” substitute “Part 1 of the Education Act 2005”.
25
In section 86 of the Learning and Skills Act 2000 (annual reports), in
subsection (1) for “section 5(7)(a) of the School Inspections Act 1996”
35
substitute “section 21(1)(a) of the Education Act 2005”.
26    (1)
Section 118 of the Learning and Skills Act 2000 (inspection) is amended as
follows.
      (2)
For subsection (5) substitute—
“(5)
A person carrying out or participating in the inspection shall have
40
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

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 1 — Introductory
102

(b)
section 58 (computer records)”.
      (3)
In subsection (6), for “Section 42A of the 1996 Act” substitute “Section 11 of
the Education Act 2005”.
27    (1)
Section 128 of the Learning and Skills Act 2000 (conduct and effect of
inspections) is amended as follows.
5
      (2)
For subsection (2) substitute—
“(2)
A person carrying out or participating in the inspection shall have
the same powers as an Inspector has under the following provisions
of the Education Act 2005—
(a)
section 24(3)(a) and (d) (right of access), and
10
(b)
section 58 (computer records)”.
      (3)
In subsection (3), for “Section 42A” substitute “Section 29”.
Education Act 2002 (c. 32)
28
In section 63 of the Education Act 2002 (power to require LEA to obtain
advisory services) in subsection (1)(a)(i) for “with serious weaknesses”
15
substitute “requiring significant improvement”.
29
In section 159 of the Education Act 2002 (unregistered independent schools),
in subsection (5), for “Section 42 of the School Inspections Act 1996”
substitute “Section 58 of the Education Act 2005”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
20
30
In section 36 of the Nationality, Immigration and Asylum Act 2002
(education: general), in subsection (9)(a) for “the School Inspections Act 1996
(c. 57)” substitute “Part 1 of the Education Act 2005 (school inspections)”.
Schedule 10
Section 66

Proposals under section 66 for establishment of secondary schools:
25
supplementary
Part 1
Introductory
1
This Schedule applies to proposals published under section 66.
2
In this Schedule “promoters”, in relation to any proposals, means the
30
persons who made the proposals (but does not include a local education
authority).

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 2 — Approval of proposals by school organisation committee or adjudicator
103

Part 2
Approval of proposals by school organisation committee or adjudicator
Submission of proposals to school organisation committee
3     (1)
Regulations must make provision for the submission of the proposals to the
school organisation committee.
5
      (2)
Regulations under this paragraph may make provision—
(a)
for the making of objections or comments in relation to the proposals
within a prescribed period to the local education authority who
published the proposals, and
(b)
for the sending by the local education authority to the school
10
organisation committee within a prescribed period of copies of
objections or comments received.
Approval of proposals
4     (1)
The proposals must be considered in the first instance by the school
organisation committee.
15
      (2)
The committee may—
(a)
reject all the proposals,
(b)
approve any of the proposals without modification,
(c)
approve any of the proposals with such modifications as the
committee think desirable after consulting such persons as may be
20
prescribed, or
(d)
if the committee think it appropriate to do so, and subject to
regulations, refer to the adjudicator all the proposals with any
comments on them made by the committee.
      (3)
Sub-paragraph (2) does not apply in any case where paragraph 5 requires
25
the committee to refer the proposals to the adjudicator.
      (4)
Regulations may make provision modifying the application of sub-
paragraphs (1) and (2) in relation to proposals which are related to other
proposals of a prescribed description; and regulations may require the
committee, in deciding for the purposes of the regulations whether any
30
proposals are related, to have regard to any guidance given from time to
time by the Secretary of State.
      (5)
Any approval given under this paragraph may be expressed to take effect
only if an event specified in the approval occurs by a date so specified; and
regulations may prescribe the events that may be so specified.
35
      (6)
When deciding whether or not to give an approval under this paragraph, the
committee must have regard to any guidance given from time to time by the
Secretary of State.
      (7)
Sub-paragraphs (1) and (2) do not prevent the promoters or local education
authority by whom any proposals have been made from withdrawing those
40
proposals—
(a)
except in a case where the proposals have been referred to the
adjudicator, by notice in writing to the school organisation
committee, or

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 2 — Approval of proposals by school organisation committee or adjudicator
104

(b)
in that excepted case, by notice in writing to the adjudicator,

at any time before the proposals are determined under this paragraph by the
committee or by the adjudicator.
Mandatory reference to adjudicator
5     (1)
Regulations may make provision requiring the school organisation
5
committee in prescribed cases to refer to the adjudicator all the proposals
with any comments made on them by the committee.
      (2)
The Secretary of State may at any time give a direction to a school
organisation committee requiring them to refer to the adjudicator—
(a)
any proposals which have been submitted to the committee under
10
paragraph 3 but which, at the time when the direction is given, have
not been determined by the committee, and
(b)
all subsequent proposals submitted to the committee under that
paragraph until the direction is revoked,

with any comments made on any of the proposals by the committee.
15
      (3)
Where a direction under sub-paragraph (2) is given to a school organisation
committee at a time when the committee are considering proposals which
consist of or include proposals to establish an Academy, the committee must
complete any consultation required by paragraph 7 before referring the
proposals to the adjudicator.
20
      (4)
Where a school organisation committee are required by regulations under
sub-paragraph (1) or a direction under sub-paragraph (2) to refer any
proposals (“the relevant proposals”) to the adjudicator, the committee must
also refer to the adjudicator any proposals published under section 28, 28A,
29 or 31 of the School Standards and Framework Act 1998 (c. 31) which relate
25
to the area of the local education authority, if they are satisfied that the
proposals are related to the relevant proposals.
      (5)
In deciding under sub-paragraph (4) whether any proposals are related to
other proposals the school organisation committee must have regard to any
guidance given from time to time by the Secretary of State.
30
Effect of reference to adjudicator
6     (1)
Where any proposals are referred to the adjudicator under paragraph 4(2)(d)
or paragraph 5(1) or (2)—
(a)
he must consider the proposals afresh, and
(b)
sub-paragraphs (2) and (4) to (6) of paragraph 4 (other than sub-
35
paragraph (2)(d) of that paragraph) apply to him in connection with
his decision on the proposals as they apply to the committee.
      (2)
The revocation of a direction under paragraph 5(2) does not affect the
determination by the adjudicator of any proposals referred to him before the
revocation.
40
Proposals to establish Academy
7     (1)
Regulations may provide that, where proposals submitted to the school
organisation committee under paragraph 3 consist of or include proposals to
establish an Academy, the committee must within the prescribed period