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 16 — Powers to facilitate innovation
Part 1 — Amendments of Chapter 1 of Part 1 of Education Act 2002
220

Schedule 16
Section 146

Powers to facilitate innovation
Part 1
Amendments of Chapter 1 of Part 1 of Education Act 2002
1     (1)
Section 1 of EA 2002 (purpose and interpretation of Chapter 1 of Part 1) is
5
amended as follows.
      (2)
In subsection (1)(a) and (b), for “the educational standards achieved by
children” substitute “educational standards”.
      (3)
In subsection (2)—
(a)
for “the educational standards achieved by children” substitute
10
“educational standards”, and
(b)
in paragraph (b), for “children” substitute “pupils or students”.
      (4)
In subsection (3)—
(a)
after the definition of “education legislation” insert—
“ “maintained school” means—
15
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
(c)
a maintained nursery school;”,
(b)
for the definition of “qualifying body” substitute—
“ “qualifying body” means—
20
(a)
a local education authority,
(b)
an Education Action Forum,
(c)
a qualifying foundation,
(d)
the governing body of a maintained school,
(e)
the head teacher of a maintained school,
25
(f)
the proprietor of an Academy, a city
technology college or a city college for the
technology of the arts,
(g)
the proprietor of any special school that is not
maintained by a local education authority but
30
is for the time being approved by the
Secretary of State or the National Assembly
for Wales under section 342 of the Education
Act 1996, or
(h)
the governing body of an institution within
35
the further education sector;”, and
(c)
after the definition of “qualifying body” insert—
“qualifying foundation” means the foundation, as
defined by subsection (3)(a) of section 21 of the School
Standards and Framework Act 1998, of any
40
foundation or foundation special school that for the
purposes of that section has a foundation established
otherwise than under that Act;”, and
(d)
omit the definition of “qualifying school”.

Education and Inspections Bill
Schedule 16 — Powers to facilitate innovation
Part 2 — Consequential amendment
221

2     (1)
Section 2 of EA 2002 (power to suspend statutory requirements etc.) is
amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Where the applicant is or includes a qualifying foundation,
references in paragraphs (a) to (d) of subsection (1) to the applicant
5
(so far as they would otherwise be read as references to the
qualifying foundation) are to be read as references to the governing
bodies of all or any of the foundation or foundation special schools
in respect of which the applicant is the foundation.”
      (3)
Omit subsections (7) and (8).
10
3     (1)
Section 4 of EA 2002 (applications for orders under section 2) is amended as
follows.
      (2)
In subsection (1) after “section 2” insert “(“an application for an order”)”.
      (3)
After subsection (1) insert—
“(1A)
No application for an order may be made by the head teacher of a
15
maintained school without the consent of the governing body of the
school.”
      (4)
In subsection (2)—
(a)
for “such an application” substitute “an application for an order”,
(b)
after paragraph (a) insert—
20
“(aa)
in the case of a qualifying foundation, consult the
governing body of each foundation or foundation
special school to which the application relates and the
local education authority who maintain the school,”,
and
25
(c)
for paragraph (b) substitute—
“(b)
in the case of the governing body of a maintained
school, consult—
(i)
the local education authority who maintain
the school, and
30
(ii)
where the school is a foundation school with a
qualifying foundation, that foundation, and”.
Part 2
Consequential amendment
4
In section 24 of the Anti-social Behaviour Act 2003 (c. 38), for the definition
35
of “relevant school” substitute—
“ “relevant school” means—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school,
(c)
a maintained nursery school as defined in section
40
22(9) of the School Standards and Framework Act
1998,
(d)
a pupil referral unit as defined in section 19(2) of the
1996 Act,
(e)
an Academy,
45

Education and Inspections Bill
Schedule 17 — Miscellaneous amendments relating to Wales
222

(f)
a city technology college, or
(g)
a city college for the technology of the arts,”.
Schedule 17
Section 151

Miscellaneous amendments relating to Wales
Schools in Wales causing concern: warning notice by local education authority
5
1     (1)
Section 15 of SSFA 1998 (cases where local education authority may exercise
powers of intervention) is amended as follows.
      (2)
In subsections (1)(c) and (2)(a)(i) for “either or both of sections 16 and 17”
substitute “any one or more of sections 16, 16A and 17”.
      (3)
After subsection (3) insert—
10
“(3A)
For the purposes of subsection (2)(a) the standards of performance of
pupils at a school are low if they are low by reference to any one or
more of the following—
(a)
the standards that the pupils might in all the circumstances
reasonably be expected to attain,
15
(b)
where relevant, the standards previously attained by them,
or
(c)
the standards attained by pupils at comparable schools.”
      (4)
In subsection (7), for “Part 1 of the School Inspections Act 1996” substitute
“Chapter 3 of Part 1 of the Education Act 2005”.
20
LEA’s reserve power to prevent breakdown of discipline
2
In section 62 of SSFA 1998 (LEA’s reserve power to prevent a breakdown of
discipline) in subsection (3)(c), for “either or both of sections 16 and 17”
substitute “any one or more of sections 16, 16A and 17”.
Orders and regulations made by Assembly under SSFA 1998
25
3     (1)
Section 138 of SSFA 1998 (orders and regulations) is amended as follows.
      (2)
In subsection (1), after “the Secretary of State” insert “or the Assembly”.
      (3)
In subsection (3), after “regulations” insert “made by the Secretary of State”.
      (4)
In subsection (7), after “the Secretary of State” insert “or the Assembly”.
Meaning of “the Assembly” in SSFA 1998
30
4
In section 142(1) of SSFA 1998 (general interpretation), before the definition
of “Church in Wales school” insert—
“ “the Assembly” means the National Assembly for Wales;”.
5
In section 143 of SSFA 1998 (index), after the entry for “area” insert—

Education and Inspections Bill
Schedule 18 — Repeals
Part 3 — School organisation
223

“Assembly
section 142(1)”.

Power of Assembly to require LEA to obtain advisory services
6
In section 63 of EA 2002 (power to require LEA to obtain advisory services)
in subsection (4) (which defines “school” for the purposes of that section), for
“Chapter 2” substitute “Chapter 4”.
5
Schedule 18
Section 160

Repeals
Part 1
Repeals coming into force on Royal Assent

Short title and chapter
Extent of repeal

10

Education Act 2002 (c. 32)
In section 1(3), the definition of “qualifying

school”.

Section 2(7) and (8).

In Schedule 21, paragraph 54.

Part 2
15
Repeals coming into force in accordance with section 164(2)

Short title and chapter
Extent of repeal

Leasehold Reform Act 1967
In section 29(6), the words from “but a

(c. 88)
university body” to the end.

Employment Act 1989 (c. 38)
Section 26.

20

Section 28(4)(b).

Education Act 1996 (c. 56)
In section 569—

  in subsection (2), the words “other than

regulations under section 492”, and

  subsection (3).

25

School Standards and
Section 127(5) and (6).

Framework Act 1998 (c. 31)

Education Act 2002 (c. 32)
In Schedule 21, paragraph 110(3).

Education Act 2005 (c. 18)
In Schedule 9, paragraph 21.

Part 3
30
School organisation

Short title and chapter
Extent of repeal

Local Government Act 1972 (c.
Section 177(1A)(b).

70)

Education and Inspections Bill
Schedule 18 — Repeals
Part 3 — School organisation
224

Short title and chapter
Extent of repeal

Local Government Act 1974 (c.
Section 25(5)(a).

7)

School Standards and
In section 21(6)(i), the words “school

Framework Act 1998 (c. 31)
organisation committees and”.

5

Section 24

In section 28—

  in subsection (1)(d), the words from “in the

case” to “Wales,”;

  in subsection (2)(b), the words from “or of” to

10

“in England,”:

  subsections (2A) and (2B);

  subsection (6);

  in subsection (7), the words from the

beginning to “in Wales;

15

  in subsection (8), the words “(for both

England and Wales)”; and

  in subsection (9), the words “subsection (6)

and”.

Section 28A.

20

In section 29—

  in subsection (4B), paragraph (c) and in

paragraph (d), the words “parish council or”;

  subsection (5);

  in subsection (6), the words from the

25

beginning to “in Wales”;

  in subsection (7), the words “(for both

England and Wales)”; and

  in subsection (8), the words “subsection (5)

and”.

30

In section 31—

  subsection (5);

  in subsection (6), the words from the

beginning to “in Wales”;

  in subsection (7), the words “(5) or”; and

35

  in subsection (8), the words “(for both

England and Wales)”.

In section 33(4), the words “28A,”.

In section 138(4), the words “29(9A),”.

In section 143—

40

  in the entry beginning “promoters”, the

words “or 28A(2)”, and

  the entry beginning “school organisation

committees”.

Schedule 4.

45

In Schedule 6—

  paragraphs 1 to 5;

  in paragraph 6, the words from “relate” to the

end;

  in paragraph 11, the words “5 or”;

50

  in paragraph 12(2), the words “28A(1)”;

  in paragraph 13, in sub-paragraph (2), the

words “28A(1)”, and in sub-paragraph (3)(a)

the words “or 28A(2)”;

  in paragraph 14(3), the words “or 28A(2)”;

55

and

Education and Inspections Bill
Schedule 18 — Repeals
Part 4 — Schools causing concern
225

Short title and chapter
Extent of repeal

School Standards and
  paragraph 21 and the heading immediately

Framework Act 1998—cont.
preceding it.

In Schedule 30, paragraph 45.

Learning and Skills Act 2000 (c.
In section 113(3)(b), the words “any school

5

21)
organisation committee”.

In Schedule 7—

  in paragraph 32, in sub-paragraph (2), the

definition of “the school organisation

committee”, and sub-paragraph (3);

10

  paragraph 35(5) and (6).

Race Relations (Amendment)
In Schedule 2, paragraph 30.

Act 2000 (c. 34)

Special Educational Needs and
In Schedule 8, paragraph 23(2).

Disability Act 2001 (c. 10)

15

Education Act 2002 (c. 32)
Section 73.

Education Act 2005 (c. 18)
Sections 64 to 67.

In section 68(1), in paragraph (a) the words “,

28A”, and paragraphs (d) and (e).

Section 69(a).

20

Section 73.

Schedules 10 and 11.

In Schedule 12, paragraphs 1(2), 3, 5, 6 and 9 to

12.

Part 4
25
Schools causing concern

Short title and chapter
Extent of repeal

School Standards and
In section 14, subsections (1A) and (4)(b).

Framework Act 1998 (c. 31)
In section 15(7), the words “65 or”.

In section 16(3)(a) and (9)(a), the words “13(3)(a)

30

or”.

In section 16A(2)(a), the words “13(3)(a) or”.

In section 17(3), the words “13(3)(a) or”.

Section 19(2)(ca).

Learning and Skills Act 2000 (c.
In Schedule 9, paragraph 79.

35

21)

Education Act 2002 (c. 32)
In section 63(5), the words “of the Secretary of

State or, as the case may be,”.

Education Act 2005 (c. 18)
In section 17(1), all the words following

paragraph (b).

40

In section 18, in paragraph (a) of the definition

of “the appropriate appointing authority”, the

words “, a Church in Wales school”.

Education and Inspections Bill
Schedule 18 — Repeals
Part 5 — Inspections
226

Part 5
Inspections

Short title and Chapter
Extent of repeal

Public Records Act 1958 (c. 51)
In Schedule 1, in Part 2 of the Table in

paragraph 3, the entry relating to the Adult

5

Learning Inspectorate.

Parliamentary Commissioner
In Schedule 2, the entries relating to the Adult

Act 1967 (c. 13)
Learning Inspectorate and the Office of Her

Majesty’s Chief Inspector of Schools in

England.

10

Superannuation Act 1972 (c. 11)
In Schedule 1, the entry relating to the Adult

Learning Inspectorate.

House of Commons
In Schedule 1, in Part 3, the entries relating to

Disqualification Act 1975
any member of the Adult Learning

(c. 24)
Inspectorate and to Her Majesty’s Chief

15

Inspector of Schools in England.

Northern Ireland Assembly
In Schedule 1, in Part 3, the entry relating to Her

Disqualification Act 1975
Majesty’s Chief Inspector of Schools in

(c. 25)
England.

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 2, the entry relating to

20

the Adult Learning Inspectorate.

Children Act 1989 (c. 41)
Section 26ZA.

In section 26A(2A), “26ZA or”.

In section 87(10), the definition of “the

Commission”.

25

Further and Higher Education
Section 57(3)(c) and (d).

Act 1992 (c. 13)

Education Act 1997 (c. 44)
In section 38, subsection (2), in subsection (5)(a)

the words “England or (as the case may

require)”, in subsection (5)(b) the words

30

“paragraph 2 of Schedule 1 to the Education

Act 2005 or (as the case requires)”, and

subsection (7)(a).

In section 39(4), the words from “section 11(2)”

to “Wales,” and “section 11(2) or, as the case

35

may be,”.

Section 41.

Data Protection Act 1998 (c. 29)
In section 31(6), “, 26ZA”.

School Standards and
In section 139(2)(b), the words “Her Majesty’s

Framework Act 1998 (c. 31)
Chief Inspector of Schools in England, or”.

40

Care Standards Act 2000 (c. 14)
Section 45(4).

Learning and Skills Act 2000
Sections 52 to 72.

(c. 21)
Section 90.

Section 92(4)(b) and (c).

Schedule 6.

45

In Schedule 10, Part 3.

Freedom of Information Act
In Schedule 1, in Part 6, the entry relating to the

2000 (c. 36)
Adult Learning Inspectorate.