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
213

Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector
of Education, Children’s Services and Skills”.
58
In section 162A(5) (power to inspect registered schools in England) for “Her
Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s
Chief Inspector of Education, Children’s Services and Skills”.
5
59
In section 162B (inspections under section 162A: supplementary) omit
subsection (8).
60
In section 171 (interpretation of Chapter 1), in the definition of “Chief
Inspector”, for “Her Majesty’s Chief Inspector of Schools in England”
substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
10
and Skills”.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
61
The Health and Social Care (Community Health and Standards) Act 2003
has effect subject to the following amendments.
62
In section 76(2) (matters to which the CSCI is to have particular regard in the
15
exercise of certain functions)—
(a)
in paragraph (d) at the end insert “and”, and
(b)
omit paragraphs (f) and (g).
63
Omit section 77(3) (advice as to standards prepared and published under
section 23 of the Care Standards Act 2000 (c. 14)).
20
64    (1)
Section 79 (annual reviews) is amended as follows.
      (2)
For subsection (2) substitute—
“(2)
After conducting a review under subsection (1) in respect of a local
authority the CSCI must award a performance rating to that
authority in respect of all the English local authority social services
25
provided by, or pursuant to arrangements made by, that authority.”
      (3)
Omit subsection (7).
65
Omit section 80(5) (duty to take into account standards prepared and
published under section 23 of the Care Standards Act 2000).
66
In section 81(2) (duties of the CSCI on awarding lowest performance rating)
30
for “section 79(2)(a) or (b)” substitute “section 79(2)”.
67
Omit section 110 (transfer to the CSCI of functions under section 87 of the
Children Act 1989).
68
Omit section 112 (inspection of secure training centres by the CSCI).
69    (1)
Section 120 (co-operation etc.) is amended as follows.
35
      (2)
After subsection (1) insert—
“(1A)
The CHAI and the CSCI must each co-operate with the CIECSS
where it seems to the CHAI or the CSCI (as the case may be)
appropriate to do so for the efficient and effective discharge of—
(a)
its functions; and
40
(b)
the functions of the CIECSS under Chapter 4 of Part 8 of the
Education and Inspections Act 2006.”

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
214

      (3)
In subsection (2) after “each other” insert “or the CIECSS”.
      (4)
For subsection (3) substitute—
“(3)
The CHAI may delegate to the CSCI or the CIECSS any of its
functions to be exercised by the CSCI or the CIECSS (as the case may
be) on its behalf.
5
(3A)
The CSCI may delegate to the CHAI or the CIECSS any of its
functions to be exercised by the CHAI or the CIECSS (as the case may
be) on its behalf.”
      (5)
In subsection (4) for “whenever they consider” substitute “with the other or
with the CIECSS whenever the CHAI or the CSCI (as the case may be)
10
considers”.
      (6)
After that subsection add—
“(5)
In this section “the CIECSS” means Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills.”
70    (1)
Section 148 (interpretation of Part 2) is amended as follows.
15
      (2)
At the end of the definition of “English local authority social service” add—
“but does not include anything which may be inspected by
Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills under Chapter 4 of Part 8 of the Education
and Inspections Act 2006.”
20
      (3)
At the end of the definition of “social services functions” add “but (in
relation to a local authority in England) does not include functions within
section 121(1)(d) or (e) of the Education and Inspections Act 2006”.
71
In Schedule 7 (CSCI: supplementary) omit paragraph 5(2).
Children Act 2004 (c. 31)
25
72
The Children Act 2004 has effect subject to the following amendments.
73    (1)
Section 20 (joint area reviews) is amended as follows.
      (2)
In subsection (4) omit paragraphs (b) and (c).
      (3)
In subsection (7)—
(a)
for “subsection (7)(a) of section 2 of the School Inspections Act 1996
30
(c. 57)” substitute “subsection (1) of section 107 of the Education and
Inspections Act 2006”, and
(b)
for “subsection (7)(b)” substitute “subsection (3)”.
74
In section 23 (sections 20 to 22: interpretation) for subsection (5) substitute—
“(5)
“The Chief Inspector of Schools” means Her Majesty’s Chief
35
Inspector of Education, Children’s Services and Skills.”
Education Act 2005 (c. 18)
75
EA 2005 has effect subject to the following amendments.
76
Omit sections 1 to 4 (appointment and functions of Her Majesty’s Chief
Inspector of Schools in England, etc.).
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Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
215

77
For section 8 substitute—
“8
Other inspections
(1)
If requested to do so by the Secretary of State, the Chief Inspector
must inspect and report on such school, or class of school, as is
specified in the request.
5
(2)
The Chief Inspector may inspect any school in England in
circumstances where he is not required to do so by section 5 or
subsection (1) above.”
78
In section 9 (power of Chief Inspector to treat other inspection as s. 5
inspection) omit “2(2)(b) or”.
10
79
In section 12 (interpretation of Chapter 1) for “Her Majesty’s Chief Inspector
of Schools in England” substitute “Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills”.
80
In section 18 (interpretation of Chapter 2) for “Her Majesty’s Chief Inspector
of Schools in England” substitute “Her Majesty’s Chief Inspector of
15
Education, Children’s Services and Skills”.
81    (1)
Section 59 (combined reports) is amended as follows.
      (2)
After subsection (2) insert—
“(2A)
Subsection (2) does not apply so as to authorise the making of a
combined report by the Chief Inspector for England (as to which
20
section 138 of the Education and Inspections Act 2006 applies
instead).”
      (3)
In subsection (4) after “Chief Inspector” insert “for Wales”.
      (4)
After that subsection add—
“(5)
In this section—
25
“the Chief Inspector for England” means Her Majesty’s Chief
Inspector of Education, Children’s Services and Skills; and
“the Chief Inspector for Wales” means Her Majesty’s Chief
Inspector of Education and Training in Wales.”
82
In section 100(1) (interpretation of Part 3) in the definition of “the Chief
30
Inspector for England”, for “Her Majesty’s Chief Inspector of Schools in
England” substitute “Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills”.
83
Omit Schedule 1 (provisions relating to HM Chief Inspector of Schools in
England).
35
Childcare Act 2006 (c.)
84
The Childcare Act 2006 has effect subject to the following amendments.
85
Omit section 14 (inspection).
86
Omit section 31 (general functions of Chief Inspector).
87    (1)
Section 77 (powers of entry) is amended as follows.
40

Education and Inspections Bill
Schedule 15 — Transitional provisions and savings relating to Part 8
216

      (2)
In subsections (1) and (2) omit “A person authorised for the purposes of this
subsection by”.
      (3)
In subsection (3) for “Authorisation under” substitute “An authorisation
given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the
Education and Inspections Act 2006 in relation to his functions”.
5
      (4)
Omit subsection (7).
88
Omit section 79 (combined reports).
89
Omit section 80 (information to be included in annual reports).
90
In section 97(1) (interpretation of Part 3), in the definition of “the Chief
Inspector”, for “Her Majesty’s Chief Inspector of Schools in England”
10
substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills”.
Police and Justice Act 2006 (c.)
91
The Police and Justice Act 2006 has effect subject to the following
amendments.
15
92
In section 24(6) (inspection authorities)—
(a)
for paragraph (a) substitute—
“(a)
Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;”, and
(b)
omit paragraph (b).
20
93
In Schedule 8 (HM Chief Inspector for Justice, Community Safety and
Custody), in paragraph 10(2) (inspections by other inspectors)—
(a)
for paragraph (a) substitute—
“(a)
Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;”; and
25
(b)
omit paragraph (b).
Schedule 15
Section 143

Transitional provisions and savings relating to Part 8
Staff transfer schemes
1     (1)
The Secretary of State may make a scheme (a “staff transfer scheme”)
30
providing—
(a)
for an employee of the ALI or the CSCI to become a member of the
staff of the Office;
(b)
for his contract of employment to have effect (subject to any
necessary modifications) as his conditions of service as a member of
35
the staff of the Office;
(c)
for the transfer to the Office of the rights, powers, duties and
liabilities of the ALI or the CSCI under or in connection with the
employee’s contract of employment;

Education and Inspections Bill
Schedule 15 — Transitional provisions and savings relating to Part 8
217

(d)
for anything done before that transfer by or in relation to the ALI or
the CSCI in respect of such a contract or the employee to be treated
as having been done by or in relation to the Office.
      (2)
A staff transfer scheme may provide for a period before a person became a
member of the staff of the Office to count as a period during which he was a
5
member of its staff (and for the operation of the scheme not to be treated as
having interrupted the continuity of that period).
      (3)
A staff transfer scheme may provide for an employee of the ALI or the CSCI
who would otherwise become a member of the staff of the Office not to
become such a member of staff if he gives notice objecting to the operation
10
of the scheme in relation to him.
      (4)
A staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
of the scheme not to be so treated.
      (5)
A staff transfer scheme may provide for—
15
(a)
section 3 of the Act of Settlement (1700 c. 2),
(b)
section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), and
(c)
any rules prescribing requirements as to nationality which must be
satisfied in the case of persons employed in a civil capacity under the
Crown,
20

not to apply in relation to service as a member of the staff of the Office by a
person who becomes a member of its staff pursuant to the scheme.
Property transfer schemes
2     (1)
The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer to the Office or the new Chief Inspector of any
25
property, rights or liabilities of any of the following—
(a)
the existing Chief Inspector;
(b)
the Secretary of State;
(c)
the Lord Chancellor;
(d)
the ALI;
30
(e)
the CSCI.
      (2)
A property transfer scheme may provide for the transfer to a person other
than the Office or the new Chief Inspector of any property, rights or
liabilities of the ALI not transferred pursuant to sub-paragraph (1).
      (3)
A property transfer scheme may—
35
(a)
create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;
(b)
provide for things done by or in relation to persons mentioned in
paragraphs (a) to (e) of sub-paragraph (1) in connection with any
property, rights or liabilities transferred by the scheme to be treated
40
as done, or to be continued, by or in relation to the person to whom
the property, rights or liabilities in question are transferred;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
      (4)
The things that may be transferred by a property transfer scheme include—
45

Education and Inspections Bill
Schedule 15 — Transitional provisions and savings relating to Part 8
218

(a)
property, rights and liabilities that could not otherwise be
transferred;
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
Continuity of exercise of functions etc.
5
3     (1)
Anything which—
(a)
has been done (or has effect as if done) by or in relation to the existing
Chief Inspector, and
(b)
is in force immediately before the appointed day,

is to be treated as done by or in relation to the new Chief Inspector.
10
      (2)
Anything (including any legal proceedings) which—
(a)
relates to any function transferred to, or otherwise made exercisable
by, the new Chief Inspector under this Part, and
(b)
is in the process of being done by or in relation to the existing Chief
Inspector immediately before the appointed day,
15

may be continued by or in relation to the new Chief Inspector.
      (3)
Nothing in sub-paragraph (1) or (2)—
(a)
applies to anything in relation to which provision may be made
under paragraph 2(3)(b), or
(b)
affects the validity of anything done by the existing Chief Inspector.
20
      (4)
In this paragraph “the appointed day” means the day appointed under
section 164 for the coming into force of section 99.
4     (1)
A scheme made by the Secretary of State may make provision corresponding
to the provision made by paragraph 3 in relation to things done, having
effect as if done, or in the process of being done by—
25
(a)
any court administration inspector,
(b)
the ALI,
(c)
the Chief Inspector of Adult Learning, or
(d)
the CSCI.
      (2)
Such a scheme may provide for things to be treated as done, or to be
30
continued, by or in relation to the Chief Inspector or the Office.
      (3)
This paragraph does not apply to anything in relation to which provision
may be made under paragraph 1(1)(d).
Schemes: supplementary
5
A staff transfer scheme, a property transfer scheme or a scheme made under
35
paragraph 4 may contain supplementary, incidental, transitional and
consequential provision.
Saving for previous transfer schemes
6     (1)
The repeal by this Act of section 90 of the Learning and Skills Act 2000 (c. 21)
does not affect any provision of a scheme made under subsection (1) of that
40
section which has effect immediately before the coming into force of that
repeal.

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Schedule 15 — Transitional provisions and savings relating to Part 8
219

      (2)
The repeal by this Act of subsection (4)(b) and (c) of section 92 of that Act
does not affect any provision of a scheme made under subsection (1) of that
section which has effect immediately before the coming into force of that
repeal.
Preparation for performance of functions by the new Chief Inspector
5
7     (1)
The Secretary of State may by regulations confer on the Office and the
existing Chief Inspector such powers, and impose on them such duties, as
the Secretary of State considers necessary or expedient for the purpose of
preparing for the performance by the new Chief Inspector of his functions.
      (2)
Regulations under sub-paragraph (1) may be made at any time before the
10
day on which the new Chief Inspector acquires his functions.
      (3)
The ALI, the Chief Inspector of Adult Learning, the CSCI and the court
administration inspectors must give such assistance to the Office and the
existing Chief Inspector as is reasonably required for the purpose of
preparing for the performance by the new Chief Inspector of his functions.
15
      (4)
In this paragraph references to the new Chief Inspector’s functions are to the
functions conferred on him by virtue of this Part.
First annual report of the new Chief Inspector
8     (1)
The first annual report made by the new Chief Inspector under section 107
is to be a report in respect of the year beginning with the day after the end of
20
the last year for which the existing Chief Inspector made a report under
section 3 of EA 2005.
      (2)
That report is to include a report on the exercise by the existing Chief
Inspector of his functions during any period—
(a)
beginning with the day mentioned in sub-paragraph (1), and
25
(b)
ending with the day before his office was abolished.
Interpretation
9
In this Schedule—
“the ALI” means the Adult Learning Inspectorate;
“the existing Chief Inspector” means Her Majesty’s Chief Inspector of
30
Schools in England;
“the new Chief Inspector” means the Chief Inspector appointed under
Chapter 1 of this Part;
“court administration inspector” means an inspector of court
administration appointed under section 58 of the Courts Act 2003
35
(c. 39);
“the CSCI” means the Commission for Social Care Inspection.