Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Schedule 6 — Governing bodies consisting of interim executive members
175


the interim period is to continue until the discontinuance date, even where
it would otherwise end before that date.
      (2)
In this paragraph “the discontinuance date” means—
(a)
the date on which proposals for discontinuing the school are
implemented under Part 4 of Schedule 2,
5
(b)
the date on which the school is discontinued under section 30 of
SSFA 1998, or
(c)
the date specified in the direction under section 16(1) or 55(1),

as the case may be.
Notice of resumption of government by normally constituted governing body
10
17    (1)
Where—
(a)
the notice under section 52(1) or 56(1) did not specify the duration of
the interim period, and
(b)
paragraph 16 does not apply,

the appropriate authority may give notice to the persons mentioned in sub-
15
paragraph (2) specifying a date on which the governing body are to become
a normally constituted governing body.
      (2)
The persons referred to in sub-paragraph (1) are—
(a)
every interim executive member,
(b)
where the local education authority are the appropriate authority,
20
the Secretary of State,
(c)
where the Secretary of State is the appropriate authority, the local
education authority,
(d)
in the case of a foundation or voluntary school which is a Church of
England school or a Roman Catholic Church school, the appropriate
25
diocesan authority, and
(e)
in the case of any other foundation or voluntary school, the person or
persons by whom the foundation governors are appointed.
Time when interim executive members cease to hold office
18    (1)
The interim executive members vacate office—
30
(a)
in a case where paragraph 16 applies, on the discontinuance date
within the meaning of that paragraph,
(b)
in a case where that paragraph does not apply and the notice under
section 52(1) or 56(1) specified the duration of the interim period, at
the end of the specified period, and
35
(c)
in any case, on the date specified under paragraph 17(1).
      (2)
Sub-paragraph (1) does not prevent the termination of the appointment of
an interim executive member at any earlier time under paragraph 5(2)(b) or
in accordance with the terms of his appointment.
Establishment of normally constituted governing body
40
19    (1)
Where interim executive members are to vacate office on the date referred to
in paragraph 18(1)(b) or (c), the local education authority must make
arrangements providing for the constitution of the governing body on and
after that date.

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 1 — Principal amendments
176

      (2)
The Secretary of State may by regulations make provision with respect to the
transition from an interim executive board to a normally constituted
governing body, and may in connection with that transition—
(a)
modify any provision made under any of sections 19, 20 and 23 of EA
2002 or by Schedule 1 to that Act,
5
(b)
apply any such provision with or without modifications, and
(c)
make provision corresponding to or similar to any such provision.
      (3)
The provision that may be made by virtue of sub-paragraph (2) includes, in
particular, provision enabling governors to be elected or appointed, and to
exercise functions, before the end of the interim period.
10
Schedule 7
Section 58

Amendments relating to schools causing concern
Part 1
Principal amendments
Statement to be prepared by LEA following adverse report on maintained school
15
1     (1)
Section 15 of EA 2005 (measures to be taken by local education authority
following inspection report stating that school requires special measures or
significant improvement) is amended as follows.
      (2)
In subsection (1), for “This section” substitute “Subsection (2)”.
      (3)
For subsection (2) substitute—
20
“(2)
The local education authority must—
(a)
consider what action to take in the light of the report,
(b)
consider what arrangements to make for the purpose of
informing registered parents of the proposed action,
ascertaining their views on the proposed action and taking
25
account of those views,
(c)
consider whether those arrangements are to include the
appointment of a specified person for that purpose,
(d)
prepare a written statement—
(i)
of the action they propose to take, and the period
30
within which they propose to take that action, or, if
they do not propose to take such action, of their
reasons for not doing so, and
(ii)
of the arrangements they propose to make for the
purpose mentioned in paragraph (b), and
35
(e)
send a copy of the statement prepared under paragraph (d)
to—
(i)
the Chief Inspector,
(ii)
in the case of a voluntary aided school, the person
who appoints the foundation governors and (if
40
different) the appropriate appointing authority, and

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 1 — Principal amendments
177

(iii)
such other persons as the Secretary of State may
specify.
(2A)
Subsection (2B) applies where—
(a)
the local education authority have prepared a statement
under subsection (2) in relation to a school,
5
(b)
it appears to the Secretary of State, on the basis of a report of
an interim inspection of the school by the Chief Inspector,
that the case has become urgent, and
(c)
no subsequent inspection of the school has been made under
section 5.
10
(2B)
The Secretary of State may by notice require the local education
authority to—
(a)
consider the action to be taken in the light of the report of the
interim inspection and the arrangements to be made for the
purpose mentioned in subsection (2)(b),
15
(b)
prepare a written statement—
(i)
of the action they propose to take, and the period
within which they propose to take that action, or, if
they do not propose to take such action, of their
reasons for not doing so, and
20
(ii)
of the arrangements they propose to make for the
purpose mentioned in subsection (2)(b), and
(c)
send a copy of the statement to the Secretary of State and to
the persons mentioned in subsection (2)(e)(i) to (iii).
(2C)
For the purposes of subsections (2A) and (2B) an “interim inspection”
25
is an inspection under section 8 in respect of which no election under
section 9 is made.”
      (4)
In subsection (3) for “the statement” substitute “a statement under
subsection (2) or (2B)”.
      (5)
After subsection (3) insert—
30
“(4)
In performing their functions under subsections (2)(a), (b), (c) and (d)
and (2B)(a) and (b), the local education authority must have regard
to any guidance given from time to time by the Secretary of State.”
Statement to be prepared by proprietor following adverse report on non-maintained school
2     (1)
Section 17 of EA 2005 (statement to be prepared by proprietor of school other
35
than maintained school) is amended as follows.
      (2)
In subsection (1)—
(a)
at the beginning insert “Subsection (1A) applies”, and
(b)
omit all the words following paragraph (b).
      (3)
After subsection (1) insert—
40
“(1A)
The proprietor must—
(a)
consider what action to take in the light of the report,
(b)
consider what arrangements to make for the purpose of
informing registered parents of the proposed action,

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 1 — Principal amendments
178

ascertaining their views on the proposed action and taking
account of those views,
(c)
consider whether those arrangements are to include the
appointment of a specified person for that purpose, and
(d)
prepare a written statement—
5
(i)
of the action the proprietor proposes to take, and the
period within which he proposes to take that action,
or, if he does not propose to take such action, of his
reasons for not doing so, and
(ii)
of the arrangements he proposes to make for the
10
purpose mentioned in paragraph (b).
(1B)
Subsection (1C) applies where—
(a)
the proprietor of a school has prepared a statement under
subsection (1A) in relation to the school,
(b)
it appears to the Secretary of State, on the basis of a report of
15
an interim inspection of the school by the Chief Inspector,
that the case has become urgent, and
(c)
no subsequent inspection of the school has been made under
section 5.
(1C)
The Secretary of State may by notice require the proprietor to—
20
(a)
consider the action to be taken in the light of the report of the
interim inspection and the arrangements to be made for the
purpose mentioned in subsection (1A)(b),
(b)
prepare a written statement—
(i)
of the action the proprietor proposes to take, and the
25
period within which he proposes to take that action,
or, if he does not propose to take such action, of his
reasons for not doing so, and
(ii)
of the arrangements the proprietor proposes to make
for the purpose mentioned in subsection (1A)(b)”.
30
(1D)
For the purposes of subsections (1B) and (1C) an “interim inspection”
is an inspection under section 8 in respect of which no election under
section 9 is made.”
      (4)
In subsection (3)—
(a)
for “such a statement” substitute “a statement under subsection (1A)
35
or (1C)”, and
(b)
before the word “and” at the end of paragraph (a) insert—
“(aa)
in the case of a statement under subsection (1C), to the
Secretary of State,”.
      (5)
After subsection (3) insert—
40
“(4)
In performing his functions under subsections (1A)(a), (b), (c) and (d)
and (1C)(a) and (b), the proprietor must have regard to any guidance
given from time to time by the Secretary of State.”

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
179

Part 2
Minor and consequential amendments
School Standards and Framework Act 1998 (c. 31)
3
In the heading to Chapter 4 of Part 1 of SSFA 1998 after “SCHOOLS” insert
“IN WALES”.
5
4     (1)
Section 14 of SSFA 1998 (powers of intervention exercisable by LEAs) is
amended as follows.
      (2)
In subsection (1) for “Secretary of State” substitute “Assembly”.
      (3)
Omit subsection (1A).
      (4)
In subsection (3)—
10
(a)
in paragraph (a), for “Secretary of State” and “he” substitute
respectively “Assembly” and “its”, and
(b)
in paragraph (b), for “he” and “his” substitute respectively “the
Assembly” and “its”.
      (5)
After subsection (3) insert—
15
“(3A)
In this Chapter “maintained school” means any school in Wales that
is—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
(c)
a maintained nursery school.”
20
      (6)
In subsection (4)—
(a)
for paragraph (a) substitute—
“(a)
“Chief Inspector” means Her Majesty’s Chief
Inspector of Education and Training in Wales,”, and
(b)
omit paragraph (b).
25
5     (1)
Section 15 of SSFA 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
subsection if—
30
(a)
following an inspection of the school under Chapter 3 of Part
1 of the Education Act 2005, the Chief Inspector has given the
Assembly a notice under subsection (2) of 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
35
(b)
where any subsequent inspection of the school has been
made under that Chapter, the notice has not been superseded
by—
(i)
the person making the subsequent inspection making
a report stating that in his opinion the school no
40
longer requires significant improvement, or
(ii)
the Chief Inspector giving the Assembly a notice
under subsection (2) of section 37 of that Act in case

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
180

falling within subsection (1)(a)(i) or (1)(b)(i) of that
section (school requiring special measures).”
      (3)
For subsection (6) substitute—
“(6)
This section applies to a maintained school by virtue of this
subsection if—
5
(a)
following an inspection of the school under Chapter 3 of Part
1 of the Education Act 2005, the Chief Inspector has given the
Assembly a notice under subsection (2) of section 37 of that
Act in a case falling within subsection (1)(a)(i) or (b)(i) of that
section (school requiring special measures), and
10
(b)
where any subsequent inspection of the school has been
made under that Chapter, the notice has not been superseded
by the person making the subsequent inspection making a
report stating that in his opinion the school no longer
requires special measures.”
15
      (4)
In subsection (7), omit “65 or”.
6     (1)
Section 16 of SSFA 1998 (power of LEA to appoint additional governors) is
amended as follows.
      (2)
In subsection (3)(a), omit “13(3)(a) or”.
      (3)
In subsection (9)—
20
(a)
for “Secretary of State” (in both places) substitute “Assembly”, and
(b)
in paragraph (a)—
(i)
for “he” substitute “it”, and
(ii)
omit “13(3)(a) or”.
      (4)
In subsection (12)(b) for “Secretary of State” substitute “Assembly”.
25
      (5)
In subsection (12A)—
(a)
for “Secretary of State” substitute “Assembly”, and
(b)
for “he” substitute “the Assembly”.
7     (1)
Section 16A of SSFA 1998 (power of LEA to provide for governing body to
consist of interim executive members) is amended as follows.
30
      (2)
In subsection (1), for “Secretary of State” substitute “Assembly”.
      (3)
In subsection (2)(a), omit “13(3)(a) or”.
      (4)
In subsection (3)—
(a)
for “Secretary of State” substitute “Assembly”, and
(b)
for “he” substitute “the Assembly”.
35
8     (1)
Section 17 of SSFA 1998 (power of LEA to suspend right to delegated
budget) is amended as follows.
      (2)
In subsection (3), omit “13(3)(a) or”.
      (3)
In subsection (4)—
(a)
for “Secretary of State” substitute “Assembly”, and
40
(b)
for “he” substitute “the Assembly”.

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments
181

9
In the italic heading immediately preceding section 18 of SSFA 1998, for
“Secretary of State” substitute “Assembly”.
10    (1)
Section 18 of SSFA 1998 (power of Secretary of State to appoint additional
governors) is amended as follows.
      (2)
For “the Secretary of State” and “he”, wherever occurring, substitute “the
5
Assembly”.
      (3)
In subsection (6), for “his” substitute “the Assembly’s”.
      (4)
In the heading, for “Secretary of State” substitute “Assembly”.
11
In section 18A of SSFA 1998 (power of Secretary of State to provide for
governing body to consist of interim executive members) for “Secretary of
10
State”, wherever occurring (in the section and its heading), substitute
“Assembly”.
12    (1)
Section 19 of SSFA 1998 (power of Secretary of State to direct closure of
school) is amended as follows.
      (2)
For “Secretary of State”, wherever occurring (in the section and its heading)
15
substitute “Assembly”.
      (3)
In subsection (2), omit paragraph (ca).
13
In section 19A of SSFA 1998 (governing bodies consisting of interim
executive members), in paragraph (b), for “Secretary of State” substitute
“Assembly”.
20
14    (1)
Section 62 of SSFA 1998 (LEA’s reserve power to prevent a breakdown of
discipline) is amended as follows.
      (2)
In subsection (1), for “subsection (3)” substitute “subsection (2A) or (3)”.
      (3)
After subsection (2) insert—
“(2A)
This subsection applies where, in the case of a school in England—
25
(a)
a warning notice has been given in accordance with section
47(2) of the Education and Inspections Act 2006 (“the 2006
Act”) referring to the safety of pupils or staff at the school
being threatened by a breakdown of discipline at the school,
(b)
the governing body have failed to comply, or secure
30
compliance, with the notice to the authority’s satisfaction
within the compliance period, and
(c)
the authority have given reasonable notice in writing to the
governing body that they propose to exercise their powers
under subsection (1) of this section (whether or not in
35
conjunction with exercising their powers under any one or
more of sections 50 to 53 of the 2006 Act);

and a notice under paragraph (c) of this subsection may be combined
with a notice under section 47(1)(c) of the 2006 Act.”
      (4)
In subsection (3) after “applies where” insert “in the case of school in Wales”.
40
15
In section 142 of SSFA 1998 (interpretation), in subsection (4)—
(a)
after “this Act” insert “(or Part 4 of the Education and Inspections Act
2006)”, and