sc1341105.210-216

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.    Standing Committee Proceedings: 11th May 2006
210

Education and Inspections Bill, continued

Clause Agreed to.

Clause 108 Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  530

Clause  109,  page  80,  line  6,  at end insert—

‘(ga)
education and training in prisons and young offenders’ institutions;’.

Mr Edward Leigh

Not called  377

Clause  109,  page  80,  line  24,  at end add—

‘(5)
The cost of any inspection by or on behalf of the Chief Inspector shall be carried

entirely by the Office of the Chief Inspector.

(6)
No institution shall be charged for an inspection, nor be charged for any expenses

incurred by the inspectors.’.

Clause Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Negatived on division  531

Clause  110,  page  80,  line  38,  leave out ‘quality adequate’ and insert ‘sufficiently

high quality’.

Clause Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  532

Clause  111,  page  81,  line  17,  leave out ‘quality adequate’ and insert ‘sufficiently

high quality’.

Clause Agreed to.

S.C.E.    Standing Committee Proceedings: 11th May 2006
211

Education and Inspections Bill, continued

Clauses 112 to 120 Agreed to.

Jim Knight

Agreed to  564

Clause  121,  page  86,  line  16,  leave out paragraph (e) and insert—

‘(e)
(whether or not within paragraph (d)) functions conferred on or

exercisable by the authority under the Children Act 1989 (c. 41), the

Adoption (Intercountry Aspects) Act 1999 (c. 18) or the Adoption and

Children Act 2002 (c. 38) and functions continuing to be exercisable by

the authority under the Adoption Act 1976 (c. 36), and

(f)
such other functions of the authority as may be prescribed by regulations

made by the Secretary of State.’.

Jim Knight

Agreed to  565

Clause  121,  page  86,  line  18,  leave out ‘within subsection (1)(a) or (b), means’ and

insert ‘to which this Chapter applies, means (subject to subsections (3) and (3A))’.

Jim Knight

Agreed to  566

Clause  121,  page  86,  line  24,  leave out subsection (3) and insert—

‘(3)
In relation to a function within subsection (1)(c), (d) or (e), anything done as

mentioned in subsection (2) is a “related activity” only if it is done in relation to

or for the benefit of—

(a)
persons aged under 18,

(b)
persons aged 18 or over in relation to whom the authority has functions

under any of sections 23C to 24D of the Children Act 1989 (c. 41), or

(c)
persons not within paragraph (a) or (b) in connection with adoption or

special guardianship.


In paragraph (c) “special guardianship” means special guardianship under

sections 14A to 14G of the Children Act 1989 (c. 41).

(3A)
In relation to a function prescribed by regulations under subsection (1)(f),

anything done as mentioned in subsection (2) is a “related activity” only if it is

prescribed as such by the regulations.’.

Clause, as amended, Agreed to.

Clauses 122 and 123 Agreed to.

Sarah Teather

Greg Mulholland

Annette Brooke

Not moved  515

Clause  124,  page  87,  line  30,  leave out ‘must’ and insert ‘shall have the power to’.

S.C.E.    Standing Committee Proceedings: 11th May 2006
212

Education and Inspections Bill, continued

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  516

Clause  124,  page  87,  line  35,  leave out subsection (3).

Clause Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  533

Clause  125,  page  88,  line  6,  leave out ‘reasonable’.

Clause Agreed to.

Clauses 126 and 127 Agreed to.

Jim Knight

Agreed to  567

Clause  128,  page  90,  line  3,  leave out ‘and (3)’ and insert ‘to (3A)’.

Clause, as amended, Agreed to.

Clauses 129 to 135 Agreed to.

Schedule 13 Agreed to.

Clause 136 Agreed to.

Jacqui Smith

Agreed to  463

Clause  137,  page  93,  line  25,  leave out from ‘under’ to ‘or’ and insert ‘any

enactment,’.

Jacqui Smith

Agreed to  464

Clause  137,  page  93,  line  26,  leave out from ‘made’ to end and insert ‘in pursuance

of his functions under any enactment,’.

Jacqui Smith

Agreed to  465

Clause  137,  page  93,  line  28,  leave out subsection (2).

S.C.E.    Standing Committee Proceedings: 11th May 2006
213

Education and Inspections Bill, continued

Clause, as amended, Agreed to.

Clauses 138 and 139 Agreed to.

Mr Edward Leigh

Not selected  378

Clause  140,  page  94,  line  29,  leave out subsection (1) and insert—

‘(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.’.

Mr Edward Leigh

Not selected  379

Clause  140,  page  94,  line  32,  leave out subsection (2) and insert—

‘(2)
The Secretary of State may, by regulation, specify the amount of fees he will pay

to the Office arising from subsection (1).’.

Jacqui Smith

Agreed to  466

Clause  140,  page  94,  line  34,  at end insert—

‘(2A)
The Chief Inspector may make a scheme under subsection (2B) that is to have

effect at a time when no regulations are in force under subsection (1).

(2B)
A scheme under this subsection (“a scheme”) may provide for a local authority in

England to be required to pay to the Chief Inspector an annual fee in respect of

the discharge by the authority of any of their relevant functions specified in the

scheme.

(2C)
The amount of the fee payable by virtue of a scheme is to be such as may be

specified in, or calculated or determined under, the scheme.

(2D)
A scheme may include provision—

(a)
for different fees to be paid in different cases or classes of case;

(b)
for the amount of a fee to be determined by the Chief Inspector in

accordance with specified factors;

(c)
for the time by which a fee must be paid;

(d)
for varying or revoking a previous scheme.

(2E)
Before making a scheme the Chief Inspector must consult such persons as he

considers appropriate.

(2F)
The Chief Inspector must arrange for a scheme to be published in such manner as

he considers appropriate.

(2G)
A local authority in England must provide the Chief Inspector with such

information as he requires for the purpose of determining the amount of a fee

payable by the authority by virtue of a scheme.’.

Mr Edward Leigh

Not selected  380

Clause  140,  page  94,  line  35,  leave out subsections (3) to (5).

Clause, as amended, Agreed to.

S.C.E.    Standing Committee Proceedings: 11th May 2006
214

Education and Inspections Bill, continued

Clauses 141 and 142 Agreed to.

Jacqui Smith

Agreed to  470

Schedule  14,  page  206,  line  22,  leave out ‘(inspection)’ and insert ‘of the

Employment and Training Act 1973 (inspection)—

(a)
’.

Jacqui Smith

Agreed to  471

Schedule  14,  page  206,  line  24,  at end insert—

‘(b)
omit paragraphs (a) and (b), and

(c)
in paragraph (c) for “those services” substitute “services in England in

pursuance of section 8 or 9”.’.

Jacqui Smith

Agreed to  472

Schedule  14,  page  207,  line  22,  at end insert—

‘13A
In section 79N (general functions of Chief Inspector) omit subsections (1) to

(3) and (6).

13B
In section 79R (reports of inspections) omit subsection (4).’.

Jacqui Smith

Agreed to  473

Schedule  14,  page  207,  line  41,  at end insert—

‘14A
In Schedule 2 (local authority support for children and families) in paragraph

20(1)(a) for “and the Commission for Social Care Inspection” substitute “and

(in the case of a local authority in England) Her Majesty’s Chief Inspector of

Education, Children’s Services and Skills”.’.

Jacqui Smith

Agreed to  474

Schedule  14,  page  208,  line  12,  at end insert—

  ‘(2A)
For subsection (2) substitute—

“(2)
If requested to do so by the Secretary of State, the Chief Inspector must

inspect and report on such one or more relevant training providers in

England as may be specified in the Secretary of State’s request.”

    (2B)
In subsection (3) omit paragraph (a).

    (2C)
In subsection (4) omit the words from “and subsections (2) to (4)” onwards.’.

Jacqui Smith

Agreed to  475

Schedule  14,  page  209,  line  33,  at end insert—

‘27A
In Schedule 1 (the Audit Commission) omit paragraph 8(2)(e).’.

Jacqui Smith

Agreed to  476

Schedule  14,  page  209,  line  41,  leave out from beginning to ‘for’ and insert—

S.C.E.    Standing Committee Proceedings: 11th May 2006
215

Education and Inspections Bill, continued

    ‘(1)
Schedule 26 (inspection of nursery education) is amended as follows.

      (2)
In paragraph 2(1)(a)’.

Jacqui Smith

Agreed to  477

Schedule  14,  page  209,  line  43,  at end insert—

    ‘(3)
In paragraph 13A omit sub-paragraph (4).’.

Jacqui Smith

Agreed to  478

Schedule  14,  page  209,  line  43,  at end insert—

‘Protection of Children Act 1999 (c. 14)

31A
In section 2A(2) of the Protection of Children Act 1999 (persons who may

refer individuals for inclusion in list of those unsuitable to work with children)

for paragraph (c) substitute—

“(c)
Her Majesty’s Chief Inspector of Education, Children’s

Services and Skills.”’.

Jacqui Smith

Agreed to  479

Schedule  14,  page  211,  line  24,  at end insert—

‘46A
In section 55(3)(e) (persons who may be treated as social care workers)—

(a)
after “the CSCI” insert “, the Office for Standards in Education,

Children’s Services and Skills”,

(b)
for “or section 88” substitute “, section 88”, and

(c)
after “Act 2003” insert “or section 125 of the Education and

Inspections Act 2006”.’.

Jacqui Smith

Agreed to  480

Schedule  14,  page  212,  line  4,  leave out ‘Part 3’ and insert ‘sections 52 to 72’.

Jacqui Smith

Agreed to  481

Schedule  14,  page  212,  leave out lines 21 and 22 and insert—

‘52A
In section 94(2) (stamp duty) for “section 90 or 92” substitute “section 92”.

52B
In section 95(1)(b) (contracts of employment) for “section 90 or 92” substitute

“section 92”.

52C
In section 113A(1)(a) (restructuring of sixth-form education) for “section 65”

substitute “section 114 of the Education and Inspections Act 2006”.

52D
In section 118(1) (inspection)—

(a)
for “Her Majesty’s Chief Inspector of Schools in England” substitute

“Her Majesty’s Chief Inspector of Education, Children’s Services and

Skills”,

(b)
omit paragraphs (a) and (b), and

(c)
in paragraph (c) for “those services” substitute “services in pursuance

of section 114(1)”.

52E
In section 150(4)(a) (Wales) omit “90,”.

52F
Omit section 151(2) (transitional provisions).

S.C.E.    Standing Committee Proceedings: 11th May 2006
216

Education and Inspections Bill, continued

52G
Omit Schedule 6 (the Adult Learning Inspectorate).

52H(1)
Schedule 7 (sixth forms requiring significant improvement) is amended as

follows.

      (2)
In paragraph 3(1) for “section 65 or 83” substitute “section 114 of the

Education and Inspections Act 2006 or section 83 of this Act”.

      (3)
In paragraph 5(1) for “section 65 or 83” substitute “, section 114 of the

Education and Inspections Act 2006 or section 83”.

      (4)
In paragraph 10(1) for “section 65 or 83” substitute “section 114 of the

Education and Inspections Act 2006 or section 83 of this Act”.

      (5)
In paragraph 12(1) for “section 65 or 83” substitute “, section 114 of the

Education and Inspections Act 2006 or section 83”.

52I
Omit Part 3 of Schedule 10 (transitional provisions).’.

Jacqui Smith

Agreed to  482

Schedule  14,  page  213,  line  3,  leave out ‘In section 162A(5)’ and insert—

    ‘(1)
Section 162A’.

Jacqui Smith

Agreed to  483

Schedule  14,  page  213,  line  3,  after ‘England)’ insert ‘is amended as follows.

      (2)
Omit subsection (4).

      (3)
In subsection (5)’.

Jacqui Smith

Agreed to  484

Schedule  14,  page  213,  line  11,  at end insert—

‘Adoption and Children Act 2002 (c. 38)

60A
In section 99 of the Adoption and Children Act 2002 (proceedings for

offences) for “the Commission for Social Care Inspection” substitute “Her

Majesty’s Chief Inspector of Education, Children’s Services and Skills”.’.

Jim Knight

Agreed to  568

Schedule  14,  page  214,  line  22,  after ‘include’ insert—

‘(a)
’.

Jim Knight

Agreed to  569

Schedule  14,  page  214,  line  23,  at end insert ‘or

‘(b)
functions prescribed by regulations under section 121(1)(f) of that Act.”’.

Jacqui Smith

Agreed to  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

Agreed to  486

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