|
| |
|
| 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 |
| |
| |
(c) | the date specified in the direction under section 16(1) or 55(1), |
| |
| |
Notice of resumption of government by normally constituted governing body |
| 10 |
| |
(a) | the notice under section 52(1) or 56(1) did not specify the duration of |
| |
| |
(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 |
| |
(c) | where the Secretary of State is the appropriate authority, the local |
| |
| |
(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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
Amendments relating to schools causing concern |
| |
| |
| |
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 |
| |
(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) |
| |
| |
| |
(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 |
| |
|
| |
|
| |
|
(iii) | such other persons as the Secretary of State may |
| |
| |
(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 |
| |
| 10 |
(2B) | The Secretary of State may by notice require the local education |
| |
| |
(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 |
| |
| |
(4) | In subsection (3) for “the statement” substitute “a statement under |
| |
| |
(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. |
| |
| |
(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, |
| |
|
| |
|
| |
|
ascertaining their views on the proposed action and taking |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
(a) | for “such a statement” substitute “a statement under subsection (1A) |
| 35 |
| |
(b) | before the word “and” at the end of paragraph (a) insert— |
| |
“(aa) | in the case of a statement under subsection (1C), to the |
| |
| |
(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.” |
| |
|
| |
|
| |
|
| |
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 |
| |
| 5 |
4 (1) | Section 14 of SSFA 1998 (powers of intervention exercisable by LEAs) is |
| |
| |
(2) | In subsection (1) for “Secretary of State” substitute “Assembly”. |
| |
(3) | Omit subsection (1A). |
| |
| 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 |
| |
| |
(5) | After subsection (3) insert— |
| 15 |
“(3A) | In this Chapter “maintained school” means any school in Wales that |
| |
| |
(a) | a community, foundation or voluntary school, |
| |
(b) | a community or foundation special school, or |
| |
(c) | a maintained nursery school.” |
| 20 |
| |
(a) | for paragraph (a) substitute— |
| |
“(a) | “Chief Inspector” means Her Majesty’s Chief |
| |
Inspector of Education and Training in Wales,”, and |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
(2) | In subsection (3)(a), omit “13(3)(a) or”. |
| |
| 20 |
(a) | for “Secretary of State” (in both places) substitute “Assembly”, and |
| |
| |
(i) | for “he” substitute “it”, and |
| |
| |
(4) | In subsection (12)(b) for “Secretary of State” substitute “Assembly”. |
| 25 |
| |
(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”. |
| |
| |
(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”. |
| |
| |
(a) | for “Secretary of State” substitute “Assembly”, and |
| 40 |
(b) | for “he” substitute “the Assembly”. |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| |
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 |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|