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 14 — Minor and consequential amendments relating to Part 8
206

Schedule 14
Section 142

Minor and consequential amendments relating to Part 8
Public Records Act 1958 (c. 51)
1
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records) omit the entry relating to the Adult
5
Learning Inspectorate.
Parliamentary Commissioner Act 1967 (c. 13)
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation)—
(a)
omit the entries relating to the Adult Learning Inspectorate and the
10
Office of Her Majesty’s Chief Inspector of Schools in England, and
(b)
at the appropriate place insert—
“Office for Standards in Education, Children’s Services and Skills.”
Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc.
15
referred to in section 1)—
(a)
omit the entry relating to the Adult Learning Inspectorate, and
(b)
for “Her Majesty’s Chief Inspector of Schools in England” substitute
“Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills”.
20
Employment and Training Act 1973 (c. 50)
4
In section 10B(1) (inspection) for “Her Majesty’s Chief Inspector of Schools
in England” substitute “Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills”.
House of Commons Disqualification Act 1975 (c. 24)
25
5     (1)
Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualifying for membership) is amended as follows.
      (2)
In Part 2 (bodies of which all members are disqualified) insert at the
appropriate place—
“The Office for Standards in Education, Children’s Services and Skills.”
30
      (3)
In Part 3 (other disqualifying offices) omit the entries relating to any member
of the Adult Learning Inspectorate and to Her Majesty’s Chief Inspector of
Schools in England.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
6     (1)
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
35
(offices disqualifying for membership) is amended as follows.
      (2)
In Part 2 (bodies of which all members are disqualified) insert at the
appropriate place—
“The Office for Standards in Education, Children’s Services and Skills.”

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
207

      (3)
In Part 3 (other disqualifying offices) omit the entry relating to Her Majesty’s
Chief Inspector of Schools in England.
Race Relations Act 1976 (c. 74)
7
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other
persons subject to general statutory duty) omit the entry relating to the
5
Adult Learning Inspectorate.
Education Reform Act 1988 (c. 40)
8
In section 226(2)(b) (services for schools in other member States providing
education for British children) for “by, or under the direction of, one or more
of Her Majesty’s Inspectors of Schools for England” substitute “by Her
10
Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Children Act 1989 (c. 41)
9
The Children Act 1989 has effect subject to the following amendments.
10
Omit section 26ZA (representations: further consideration).
11
In section 26A(2A) (advocacy services) omit “26ZA or”.
15
12
In section 65(6)(a) (persons disqualified from carrying on, or being
employed in, children’s homes) for “the Commission for Social Care
Inspection” substitute “Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills”.
13
In section 79B(1) (other definitions etc.) for “Her Majesty’s Chief Inspector of
20
Schools in England” substitute “Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills”.
14    (1)
Section 87 (welfare of children in boarding schools and colleges) is amended
as follows.
      (2)
In subsection (4)—
25
(a)
for “the Commission are” substitute “the Chief Inspector for England
is”, and
(b)
for “college, they shall” substitute “college in England, he shall”.
      (3)
In subsection (4A), after “school or college” insert “in Wales”.
      (4)
In subsections (9A) to (9C)—
30
(a)
for “the Commission”, wherever occurring, substitute “the Chief
Inspector for England”, and
(b)
for “it must” substitute “that authority must”.
      (5)
In subsection (10)—
(a)
in the definition of “appropriate authority”, for “the Commission for
35
Social Care Inspection” substitute “the Chief Inspector for England”,
(b)
at the appropriate place insert—
““the Chief Inspector for England” means Her Majesty’s
Chief Inspector of Education, Children’s Services and
Skills;”, and
40
(c)
omit the definition of “the Commission”.

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
208

Further and Higher Education Act 1992 (c. 13)
15
In section 57(3) of the Further and Higher Education Act 1992
(intervention)—
(a)
for paragraph (a) substitute—
“(a)
Her Majesty’s Chief Inspector of Education,
5
Children’s Services and Skills;”, and
(b)
omit paragraphs (c) and (d).
Education Act 1994 (c. 30)
16    (1)
Section 18B (inspection of teacher training) is amended as follows.
      (2)
In subsection (1) for “Her Majesty’s Chief Inspector of Schools in England”
10
substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills”.
      (3)
In subsection (10) for “paragraph 5(1) or (2) of Schedule 1 to the 2005 Act”
substitute “paragraph 9(1) of Schedule 12 to the Education and Inspections
Act 2006”.
15
      (4)
In subsection (11) for the words from “sections” onwards substitute
“paragraph 9(1) of that Schedule.”
Education Act 1997 (c. 44)
17
The Education Act 1997 has effect subject to the following amendments.
18
In section 26(2) (supplementary provisions relating to discharge by
20
Authority of their functions) for “Her Majesty’s Chief Inspector of Schools in
England” substitute “Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills”.
19    (1)
Section 38 (inspection of LEAs) is amended as follows.
      (2)
Omit subsection (2) (inspection of LEAs in England).
25
      (3)
In subsection (5) (persons conducting inspections)—
(a)
in paragraph (a) omit “England or (as the case may require)”, and
(b)
in paragraph (b) omit “paragraph 2 of Schedule 1 to the Education
Act 2005 or (as the case requires)” and for “that Act” substitute “the
Education Act 2005”.
30
      (4)
In subsection (7) (definitions)—
(a)
for “41” substitute “41A”, and
(b)
omit paragraph (a).
20
In section 39(4) (reports of inspections under s. 38 etc.)—
(a)
omit the words from “section 11(2)” to “Wales,”,
35
(b)
for “that Act” substitute “the Education Act 2005”, and
(c)
omit “section 11(2) or, as the case may be,”.
21
Omit section 41 (inspections involving collaboration of Audit Commission).
22
In Schedule 4 (the Qualifications and Curriculum Authority), in paragraph
15(1)(d) and (2) for “Her Majesty’s Chief Inspector of Schools in England”
40

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
209

substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills”.
Audit Commission Act 1998 (c. 18)
23
The Audit Commission Act 1998 has effect subject to the following
amendments.
5
24
In section 33(6) (consultation before studies for improving economy etc. in
services) after paragraph (ca) insert—
“(cb)
in the case of a study which has a connection with anything
which may be inspected under Chapter 4 of Part 8 of the
Education and Inspections Act 2006, also consult Her
10
Majesty’s Chief Inspector of Education, Children’s Services
and Skills;”.
25
In section 34(6) (consultation before studies as to impact of statutory
provisions etc.) after paragraph (b) insert—
“(bza)
in the case of a study which has a connection with anything
15
which may be inspected under Chapter 4 of Part 8 of the
Education and Inspections Act 2006, Her Majesty’s Chief
Inspector of Education, Children’s Services and Skills;”.
26    (1)
Section 37 (assistance to CHAI and CSCI) is amended as follows.
      (2)
After subsection (2) add—
20
“(3)
The Audit Commission may provide assistance to Her Majesty’s
Chief Inspector of Education, Children’s Services and Skills in the
discharge of any of his functions under Chapter 4 of Part 8 of the
Education and Inspections Act 2006.
(4)
Assistance under subsection (3) may be provided on such terms,
25
including terms as to payment, as the Audit Commission and the
Chief Inspector may agree.”
27
In section 49(1) (restriction on disclosure of information) after paragraph (c)
insert—
“(ca)
to Her Majesty’s Chief Inspector of Education, Children’s
30
Services and Skills for the purposes of his functions under
Chapter 4 of Part 8 of the Education and Inspections Act
2006;”.
Data Protection Act 1998 (c. 29)
28
In section 31(6) of the Data Protection Act 1998 (personal data exempt from
35
subject information provisions) omit “, 26ZA”.
School Standards and Framework Act 1998 (c. 31)
29
SSFA 1998 has effect subject to the following amendments.
30
In section 139(2)(b) (payments into Consolidated Fund) omit “Her Majesty’s
Chief Inspector of Schools in England, or”.
40
31
In Schedule 26 (inspection of nursery education) in paragraph 2(1) for “Her
Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s
Chief Inspector of Education, Children’s Services and Skills”.

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
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Local Government Act 1999 (c. 27)
32
In section 25(2) of the Local Government Act 1999 (coordination of
inspections, &c) for paragraph (c) substitute—
“(c)
Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills;”.
5
Care Standards Act 2000 (c. 14)
33
The Care Standards Act 2000 has effect subject to the following
amendments.
34
In section 5(1) (registration authorities) for paragraph (a)(ii) substitute—
“(ii)
the CSCI, in the case of care homes, domiciliary care
10
agencies and nurses agencies;
(iii)
Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills (referred to in this Act
as “the CIECSS”), in the case of children’s homes,
residential family centres, fostering agencies,
15
voluntary adoption agencies and adoption support
agencies;”.
35    (1)
Section 8 (general functions of the Assembly) is amended as follows.
      (2)
For subsection (3) substitute—
“(3)
The Assembly shall have such additional functions in relation to Part
20
II services provided in Wales as may be specified in regulations
made by the Assembly.
(3A)
But the only functions which may be so specified in relation to a
particular Part II service are functions which—
(a)
by virtue of section 5A(7) are exercisable by the CHAI;
25
(b)
by virtue of section 5B(7) are exercisable by the CSCI; or
(c)
by virtue of section 104(4) of the Education and Inspections
Act 2006 are exercisable by the CIECSS,

in relation to the corresponding Part II service provided in England.”
      (3)
In the subsection (6) inserted by section 109 of the Health and Social Care
30
(Community Health and Standards) Act 2003 (c. 43) for paragraph (b)
substitute—
“(b)
any other functions exercisable by the Assembly
corresponding to functions exercisable—
(i)
by the CSCI in relation to England; or
35
(ii)
by the CIECSS under section 133 of the Education and
Inspections Act 2006.”
      (4)
The subsection (6) inserted by paragraph 18(3) of Schedule 9 to the Health
and Social Care (Community Health and Standards) Act 2003 is renumbered
as subsection (7).
40
36
In section 10(6) (inquiries relating to exercise of functions by Assembly) for
paragraph (b) substitute—
“(b)
any other functions exercisable by the Assembly
corresponding to functions exercisable—

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
211

(i)
by the CHAI, the CSCI or the CIECSS under this Act
in relation to England; or
(ii)
by the CIECSS under section 133 of the Education and
Inspections Act 2006.”
37
In section 11(4) (keeping of registers) for “or the CSCI” substitute “, the CSCI
5
or the CIECSS”.
38
In section 12(2) (applications for registration) for “or the CSCI” substitute “,
the CSCI or the CIECSS”.
39
In section 15(3)(a) (fees for applications by registered persons) for “or the
CSCI” substitute “, the CSCI or the CIECSS”.
10
40
In section 16(3)(a) (annual fee payable by persons registered under Part 2)
for “or the CSCI” substitute “, the CSCI or the CIECSS”.
41
In section 22(7)(i)(i) (fees in respect of notifications) for “or the CSCI”
substitute “, the CSCI or the CIECSS”.
42
In section 29(1)(a) (proceedings for offences) for “or the CSCI” (in the first
15
place) substitute “, the CSCI or the CIECSS”.
43
In section 31(7) (requirement to arrange for inspection of premises) for “or
the CSCI” substitute “, the CSCI or the CIECSS”.
44
In section 36A (voluntary adoption agencies: distribution of functions) for
“the CSCI” (in each place) substitute “the CIECSS”.
20
45
In section 42(5) (power to extend application of Part 2) for “or the CSCI”
substitute “, the CSCI or the CIECSS”.
46
Omit section 45(4) (inspection of premises used in discharge of adoption and
fostering functions).
47    (1)
Section 113A (fees payable under Part 2) is amended as follows.
25
      (2)
In subsection (1)—
(a)
for “and the CSCI” substitute “, the CSCI and the CIECSS”, and
(b)
after “to it” insert “or him”.
      (3)
For subsection (3) substitute—
“(3)
Before making any provision under subsection (1), the CHAI, the
30
CSCI or the CIECSS must consult such bodies as appear to it or him
to be representative of the persons liable to pay the fee.”
      (4)
In subsection (5) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
      (5)
In subsection (6)—
(a)
for “or the CSCI” substitute “, the CSCI or the CIECSS”, and
35
(b)
after “body” insert “or person”.
48
In section 121(13) (interpretation), at the appropriate place in the Table
insert—

“the CIECSS
Section 5”.

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
212

Learning and Skills Act 2000 (c. 21)
49
The Learning and Skills Act 2000 has effect subject to the following
amendments.
50
Omit Part 3 (inspections in England).
51    (1)
Section 82 (inspections of education and training provided under 1973 Act
5
arrangements) is amended as follows.
      (2)
In subsection (1) for “the Adult Learning Inspectorate” substitute “the Chief
Inspector for England”.
      (3)
In subsection (4) for the words from “the Adult Learning Inspectorate”
onwards substitute “the Chief Inspector for England must be given to that
10
Chief Inspector.”
      (4)
In subsection (5) for “The Adult Learning Inspectorate” substitute “The
Chief Inspector for England” and for “it” substitute “he”.
      (5)
After subsection (6) add—
“(7)
In this section “the Chief Inspector for England” means Her
15
Majesty’s Chief Inspector of Education, Children’s Services and
Skills.”
52
Omit—
(a)
section 90 (preliminary transfers: FEFC for England),
(b)
section 92(4)(b) and (c) (transfers: England),
20
(c)
Schedule 6 (the Adult Learning Inspectorate), and
(d)
Part 3 of Schedule 10 (transitional provisions).
Regulation of Investigatory Powers Act 2000 (c. 23)
53
In Part 2 of Schedule 1 (relevant authorities for purposes only of section 28)
for paragraph 27B and the cross-heading preceding it substitute—
25
“HM Chief Inspector of Education, Children’s Services and Skills
27B
Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills.”
Freedom of Information Act 2000 (c. 36)
54
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
30
authorities) omit the entry relating to the Adult Learning Inspectorate.
Education Act 2002 (c. 32)
55
EA 2002 has effect subject to the following amendments.
56
In section 1(3) (purpose and interpretation of Chapter 1) for “Her Majesty’s
Chief Inspector of Schools in England” substitute “Her Majesty’s Chief
35
Inspector of Education, Children’s Services and Skills”.
57
In section 151 (childcare functions of HM Chief Inspector and National
Assembly for Wales) in subsections (1) and (2) for “Her Majesty’s Chief