sc1341105.217-223

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.    Standing Committee Proceedings: 11th May 2006
217

Education and Inspections Bill, continued

‘86A
In section 50 (report of inspections) omit subsection (4).’.

Jacqui Smith

Agreed to  487

Schedule  14,  page  216,  line  3,  leave out ‘under’.

Jacqui Smith

Agreed to  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”.’.

Schedule, as amended, Agreed to.

Clause 143 Agreed to.

Jacqui Smith

Agreed to  489

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

Jacqui Smith

Agreed to  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.’.

Schedule, as amended, Agreed to.

Clause 144 Agreed to.

S.C.E.    Standing Committee Proceedings: 11th May 2006
218

Education and Inspections Bill, continued

new clauseS relating to part 8

Inspection of foundation schools

Mr Edward Leigh

Withdrawn  NC32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).’.

Frequency of inspections

Mr Edward Leigh

Not selected  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.’.

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

Mr Edward Leigh

Not called  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).’.

S.C.E.    Standing Committee Proceedings: 11th May 2006
219

Education and Inspections Bill, continued

Frequency of inspections (No. 2)

Mr Edward Leigh

Withdrawn  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.”.’.

Adult Learning Director

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Negatived on division  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.’.

The Schools Director

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  nc57

To move the following Clause:—

S.C.E.    Standing Committee Proceedings: 11th May 2006
220

Education and Inspections Bill, continued

‘(1)
One of the persons appointed to the staff of the Office under paragraph 6 of

Schedule 11 is to be appointed as Schools Director.

(2)
The Schools Director is to have such functions in relation to the performance by

the Chief Inspector of functions within subsection (3) as may be prescribed by

regulations made by the Secretary of State.

(3)
The following functions of the Chief Inspector are functions within this

subsection—

(a)
his functions under Chapter 1 of the Education Act 2005 (c. 18) (school

inspectors and school inspections: England);

(b)
his functions under Part 4 of this Act (schools causing concern:

England).’.

Her Majesty’s Inspectors of Schools

Mr Edward Leigh

Not called  nc62

To move the following Clause:—

‘(1)
There is to be a body corporate known as Her Majesty’s Inspectors of Schools

(“HMI”).

(2)
The function of HMI is to assess the overall quality of education in schools.

(3)
HMI is to be headed by Her Majesty’s Chief Inspector of Schools (“the Chief

Inspector”).

(4)
The Chief Inspector is to be appointed by a resolution of the Education and Skills

Committee of the House of Commons.

(5)
The Secretary of State may by regulations make such amendments to EA 2005 as

appear to him to be necessary in consequence of the provisions of this section.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  534

Clause  145,  page  96,  line  27,  at end insert—

‘(1A)
Where the Chief Inspector receives 25 or more qualifying complaints in relation

to a relevant school, he shall carry out an inspection under section 8.’.

Clause Agreed to.

Clause 146 Agreed to.

S.C.E.    Standing Committee Proceedings: 11th May 2006
221

Education and Inspections Bill, continued

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  275

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

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  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

Not called  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

Not called  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

Not called  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

Negatived on division  278

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

‘3A(1)
Chapter 1 of EA 2002 is amended as follows.

S.C.E.    Standing Committee Proceedings: 11th May 2006
222

Education and Inspections Bill, continued

      (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.”.’.

Schedule Agreed to.

Mr Edward Leigh

Not called  381

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

Clause Agreed to.

Clause 148 Agreed to.

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  157

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

Clause Agreed to.

Clauses 150 and 151 Agreed to.

Schedule 17 Agreed to.

Clauses 152 and 153 Agreed to.

S.C.E.    Standing Committee Proceedings: 11th May 2006
223

Education and Inspections Bill, continued

Remaining new clauses

Time limits relating to statements of special educational needs

Jacqui Smith

Added  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 to 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).’.

Refunds of VAT to Learning and Skills Council for England

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  NC1

To move the following Clause:—

‘In section 33 of the Value Added Tax Act 1994 (c. 23) (refunds of VAT in

certain cases), after subsection (3)(a) insert—