Amendments proposed to the Education and Inspections Bill - continued	House of Commons
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Jacqui Smith

485

Schedule     14,     page     215,     line     10,     at end insert—

'78A

In section 11 (publication of inspection reports) omit subsections (2) to (4).'.

   

Jacqui Smith

486

Schedule     14,     page     215,     line     39,     at end insert—

'86A

In section 50 (report of inspections) omit subsection (4).'.

   

Jacqui Smith

487

Schedule     14,     page     216,     line     3,     leave out 'under'.

   

Jacqui Smith

488

Schedule     14,     page     216,     line     6,     at end insert—

'87A

(1)

Section 79 (power of constable to assist in exercise of powers of entry) is amended as follows.

(2)	In subsection (1) for "A person authorised for the purpose of subsection (1) or (2) of section 77" substitute "The Chief Inspector".

(3)	In subsection (2)—

(a)   for "authorised person" substitute "Chief Inspector", and

(b)   for "that person" substitute "the Chief Inspector".'.

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Jacqui Smith

489

Schedule     15,     page     217,     line     1,     after 'done' insert '(or having effect as if done)'.

   

Jacqui Smith

490

Schedule     15,     page     218,     line     39,     leave out paragraph 6 and insert—

'6

Paragraphs 52 and 52B of Schedule 14 to this Act (and the corresponding entries in Part 5 of Schedule 18 to this Act) do not affect—

(a)   any provision of a scheme made under section 90(1) or 92(1) of the Learning and Skills Act 2000 (c.21) which has effect immediately before the coming into force of those paragraphs;

(b)   the operation of section 95 of that Act in relation to rights and liabilities under a contract of employment transferred by virtue of such a scheme.'.

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NEW CLAUSES RELATING TO PART 8

Inspection of foundation schools

   

Mr Edward Leigh

NC32

To move the following Clause:—

    '(1)   A foundation school established under the provisions of section 7 or section 9 shall be subject to inspection by OFSTED, provided that—

(a)	the costs of such inspection shall be borne by the Secretary of State; and

(b)	such inspection shall be subject to any regulations that apply to independent schools.

    (2)   But the local education authority and the Secretary of State shall not give any direction in respect of an inspection undertaken pursuant to subsection (1).'.

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Abolition of OFSTED

   

Mr Edward Leigh

NC38

To move the following Clause:—

    '(1)   The Office of Her Majesty's Chief Inspector of Schools is hereby abolished.

    (2)   That office is to be replaced by a small independent body representing parents' interests.'.

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Staffing of independent inspectorate

   

Mr Edward Leigh

NC39

To move the following Clause:—

'The new independent inspectorate established under section [Abolition of OFSTED] is to be staffed by persons having no less than seven years' experience of education, whether as a teacher or a governor, supported by a range of inspectors with at least five years' experience.'.

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Frequency of inspections

   

Mr Edward Leigh

NC40

To move the following Clause:—

'The normal frequency of inspections is to be every eight years, unless academic, discipline or other factors seem to OFSTED to require more frequent inspections of a particular school.'.

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Payment of annual fee to the Chief Inspector by the Secretary of State

   

Mr Edward Leigh

NC41

To move the following Clause:—

    '(1)   The Secretary of State shall pay to the Office of the Chief Inspector the annual fee and any other such fees as are due by virtue of inspections made of, or on behalf of, local authorities.

    (2)   The Secretary of State may, by regulations, specify the amount of fees he will pay to the Office arising from subsection (1).'.

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Frequency of inspections (No. 2)

   

Mr Edward Leigh

NC42

To move the following Clause:—

    '(1)   Section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals) is amended as follows.

    (2)   In subsection (1) omit "at such intervals as may be prescribed,".

    (3)   After subsection (5) insert—

    "(5A)   The normal frequency of inspections is to be every eight years, unless academic, discipline or other factors seem to the Chief Inspector to require more frequent inspections of a particular school.".'.

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Adult Learning Director

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

NC50

To move the following Clause:—

    '(1)   One of the persons appointed to the staff of the Office under paragraph 6 of Schedule 11 is to be appointed as Adult Learning Director.

    (2)   The Adult Learning Director is to have such functions in relation to the performance by the Chief Inspector of functions relating to—

(a)	inspection of employer- and work-based learning, and

(b)	contacts with private businesses, sector skills councils and other bodies involved in employer- and work-based learning to ensure best practice in inspection,

as the Secretary of State may by regulations prescribe.

    (3)   Any report made under section 107 shall contain a report by the Adult Learning Director on the performance of his duties under this section, which shall include a report on the extent to which strong links with, and understanding of the needs of, employers have been developed.'.

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Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

275

Schedule     16,     page     221,     line     10,     after 'subsections' insert '(4) and'

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

85

Schedule     16,     page     221,     line     10,     at end insert—

'(4)	After subsection (9) insert—

"(10)

Where changes to a school granted under this chapter make it ineligible for redesignation under the specialist schools programme, the Secretary of State may relax any requirements of that programme."'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

276

Schedule     16,     page     221,     line     10,     at end insert—

'(4)	After subsection (9) insert—

"(10)

Where the Secretary of State or the National Assembly for Wales refuses to make an order under this section, he or it shall provide the qualifying body with a certificate setting out the reasons for so refusing.".'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

277

Schedule     16,     page     221,     line     10,     at end insert—

'2A

(1)

Section 3 of EA 2002 (Variation or revocation of orders under section 2) is amended as follows.

(2)	In subsection (2) omit ", on one occasion only,".'.

   

Mr Edward Leigh

202

Schedule     16,     page     221,     line     28,     leave out 'consult' and insert 'inform'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

278

Schedule     16,     page     221,     line     32,     at end insert—

'3A

(1)

Chapter 1 of EA 2002 is amended as follows.

(2)	After section 5 insert—

    "5A   Duties to provide advisory services and information on powers to

                    innovate

    (1)   The Secretary of State shall secure that advice and information about making an application for an order under section 2 is available free of charge to any qualifying body.

    (2)   A local education authority shall ensure that each maintained school which they maintain is aware of its ability to make an application for an order under section 2.

    (3)   When conducting an inspection the Chief Inspector may, if he considers it appropriate to do so, report on whether a maintained school is making appropriate use of the powers available under this chapter.

    (4)   School improvement partners appointed under section 5 of the Education and Inspections Act 2006 are required to consider whether an application for an order would be appropriate measure for the purposes of raising standards at the school.".'.

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Mr Edward Leigh

381

Clause     147,     page     99,     line     11,     leave out 'may' and insert 'shall'.

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Sarah Teather
Greg Mulholland
Annette Brooke

157

Clause     149,     page     102,     line     30,     leave out 'may' and insert 'must'.

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REMAINING NEW CLAUSES

Time limits relating to statements of special educational needs

   

Jacqui Smith

NC52

To move the following Clause:—

    '(1)   Chapter 1 of Part 4 of EA 1996 (children with special educational needs) is amended as follows.

    (2)   In Schedule 26 (making of assessments under section 323), in paragraph 3(3)(a) after "or 329A" insert ", or under regulations under sub-paragraph (1)(b),".

    (3)   In Schedule 27 (making and maintenance of statements under section 324)—

(a)	in paragraph 5, for sub-paragraph (3) substitute—

"(3)

Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.", and

(b)	in paragraph 11, after sub-paragraph (2A) insert—

"(2B)

Where the local education authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review."

    (4)   Any regulations which were made under Schedule 26 or 27 of EA 1996 and are in force immediately before the commencement of this section are to have effect as from that time as if made under that Schedule as amended by subsection (2) or (3) (as the case may be).'.

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Prepared 2 May 2006