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
Part 10 — General
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Part 10
General
161
Framework power relating to Wales
(1)
The Assembly may by regulations make provision relating to Wales about any
of the following matters—
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(a)
the categories of school that may be maintained by local education
authorities;
(b)
the establishment and discontinuance of schools maintained by local
education authorities, their change from one category to another and
their alteration in other respects;
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(c)
the admission of pupils to schools maintained by local education
authorities;
(d)
the curriculum in such schools;
(e)
school attendance, the behaviour of pupils at school, school discipline
and the exclusion of pupils from school (including the duties of parents
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in connection with those matters);
(f)
the making of arrangements for the provision of education for persons
of compulsory school age who have been excluded from schools or
who for any other reason would not otherwise receive suitable
education;
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(g)
entitlement to primary, secondary and further education and to
training;
(h)
the provision of services that are intended to encourage, enable or assist
people—
(i)
to participate effectively in education or training,
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(ii)
to take advantage of opportunities for employment, or
(iii)
to participate effectively in the life of their communities;
(i)
travel of persons receiving primary, secondary or further education or
training to and from the schools or other places where they receive it;
(j)
food and drink provided on school premises or provided for children
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at a place where they receive education or childcare.
(2)
Regulations under subsection (1) may also make provision for any purpose
connected with provision made under any of paragraphs (a) to (j) of that
subsection.
(3)
Subsection (1) has effect subject to section 162.
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(4)
Subject to that section, the provision that may be made under subsection (1)
includes any provision that could be made by Act of Parliament.
(5)
The inclusion in this Act of any provision in relation to Wales about any of the
matters mentioned in subsection (1)(a) to (j) does not affect the powers
conferred on the Assembly by this section (which may accordingly be
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exercised so as to repeal or amend that provision).
(6)
Expressions used in this section and in EA 1996 have the same meaning in this
section as in that Act.

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162
Restrictions on framework power conferred by section 161
(1)
The power conferred by section 161 does not include power—
(a)
to make any provision imposing or increasing taxation;
(b)
to make provision taking effect from a date earlier than that of the
making of the instrument containing the provision;
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(c)
to confer any power to legislate by means of orders, rules, regulations
or other subordinate instrument, other than rules of procedure for any
court or tribunal;
(d)
to create any new indictable offence;
(e)
except in relation to any of the matters mentioned in section 161(1)(e),
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to create any new summary offence;
(f)
to create (in relation to any of those excepted matters) any new
summary offence that is punishable with imprisonment or with a fine
exceeding level 3 on the standard scale;
(g)
to make provision extending otherwise than to England and Wales;
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(h)
to make provision applying in relation to England, except with the
consent of the Secretary of State.
(2)
Subsection (1)(c) does not preclude the modification of a power to legislate
conferred otherwise than under this section, or the extension of any such
power to purposes of the like nature as those for which it was conferred.
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(3)
A power to give directions as to matters of administration is not to be regarded
as a power to legislate within the meaning of subsection (1)(c).
(4)
Paragraphs (d) and (e) of subsection (1) do not preclude the modification of
existing offences.
(5)
The power conferred by section 161(1)(e) may not, except with the consent of
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the Secretary of State, be exercised so as to make provision about any of the
following—
(a)
the use of force,
(b)
powers of search,
(c)
powers to seize, detain or dispose of property, or
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(d)
the functions of chief officers of police or persons under their direction
or control.
(6)
The power conferred by section 161(1)(h) may not, except with the consent of
the Secretary of State, be exercised so as to make provision about the functions
of any of the following—
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(a)
a chief officer of police,
(b)
a police authority,
(c)
a local probation board established under section 4 of the Criminal
Justice and Court Services Act 2000 (c. 43), or
(d)
a youth offending team established under section 39 of the Crime and
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Disorder Act 1998 (c. 37).
(7)
The power conferred by section 161(1)(i) may not be exercised so as to make
provision about—
(a)
a matter falling within any of the exceptions specified in paragraph 10
of Part 1 of Schedule 7 to the Government of Wales Act 2006, or
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(b)
the registration of local bus services.

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163
Functions to be exercisable by National Assembly for Wales
(1)
Any function conferred on the Secretary of State by virtue of the amendments
made by the provisions mentioned in subsection (2), so far as exercisable in
relation to Wales, is to be taken to have been transferred to the Assembly by an
Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).
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(2)
Those provisions are—
section 4 (duty to identify children not receiving education);
sections 37 to 48 (school admissions);
section 78 (provision of food and drink on school premises etc);
section 154 (provision of information about children receiving funded
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education outside school);
section 156 (maintained nursery schools: amendment of sections 496 and
497 of EA 1996);
Schedule 5 (funding of maintained schools).
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Orders and regulations: general provisions
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(1)
Any power to make an order or regulations conferred by this Act on the
Secretary of State or the Assembly is exercisable by statutory instrument.
(2)
Any power of the Secretary of State or the Assembly to make an order or
regulations under this Act includes power—
(a)
to make different provision for different cases or areas,
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(b)
to make provision generally or in relation to specific cases, and
(c)
to make such incidental, supplementary, transitional or saving
provision as the Secretary of State or the Assembly thinks fit.
165
Parliamentary control of orders and regulations
(1)
Subject to subsection (2), any statutory instrument containing regulations or an
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order made under this Act by the Secretary of State is subject to annulment in
pursuance of a resolution of either House of Parliament.
(2)
Subsection (1) does not apply to—
(a)
an order under section 14(7)(b) (designation of primary school as rural
primary school for purposes of sections 14 and 15),
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(b)
an order under section 171(3) (commencement), or
(c)
an instrument to which subsection (3) applies.
(3)
A statutory instrument which contains (alone or with other provisions)—
(a)
an order under section 72 (power to repeal the school travel scheme
provisions), or
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(b)
regulations under section 166 which amend or repeal any provision of
an Act,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
166
Power to make consequential and transitional provision etc
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(1)
The Secretary of State may by regulations make—
(a)
any supplementary, incidental or consequential provision, and

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(b)
any transitional or saving provision,

that he considers necessary or expedient for the purposes of, in consequence of,
or for giving full effect, to any provision of this Act.
(2)
Regulations under this section may in particular—
(a)
provide for any provision of this Act which comes into force before
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another provision has come into force to have effect, until that other
provision has come into force, with specified modifications;
(b)
amend or repeal any provision of—
(i)
an Act passed before or in the same Session as this Act, or
(ii)
subordinate legislation made before the passing of this Act.
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(3)
Nothing in this section limits the power by virtue of section 164(2) to include
transitional or saving provision in an order under section 171(3)
(commencement).
(4)
The amendments that may be made by virtue of subsection (2)(b) are in
addition to those that are made by, or may be made under, any other provision
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of this Act.
167
Repeals
The enactments specified in Schedule 18 (which include spent enactments) are
repealed to the extent specified.
168
Financial provisions
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(1)
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by virtue of this Act by the Office for
Standards in Education, Children’s Services and Skills or by a Minister
of the Crown, and
(b)
any increase attributable to this Act in the sums payable under any
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other Act out of money so provided.
(2)
There are to be paid into the Consolidated Fund—
(a)
sums received by Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills by virtue of this or any other Act, and
(b)
sums received by a Minister of the Crown by virtue of this Act.
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169
Abbreviations of Acts
In this Act—
“EA 1996” means the Education Act 1996 (c. 56);
“EA 2002” means the Education Act 2002 (c. 32);
“EA 2005” means the Education Act 2005 (c. 18);
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“SSFA 1998” means the School Standards and Framework Act 1998 (c. 31).
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General interpretation
(1)
In this Act—
“the Assembly” means the National Assembly for Wales;
“community or foundation special school” means a community special
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school or a foundation special school;

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“enactment” includes an enactment comprised in subordinate legislation;
“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30).
(2)
Subject to subsection (4), EA 1996 and the provisions of this Act specified in
subsection (3) are to be read as if those provisions were contained in EA 1996.
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(3)
The provisions of this Act referred to in subsection (2) are—
(a)
section 5 (school improvement partners);
(b)
Part 2 (establishment, alteration or discontinuance of schools in
England);
(c)
section 36 (general restriction on selection by ability);
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(d)
Part 4 (schools causing concern: England);
(e)
Part 7 (discipline, behaviour and exclusion);
(f)
section 155 (collaboration arrangements: maintained schools and
further education bodies).
(4)
Where an expression is given for the purposes of any provision falling within
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subsection (3) a meaning different from that given to it for the purposes of EA
1996, the meaning given for the purposes of that provision is to apply instead
of the one given for the purposes of that Act.
(5)
Unless the context otherwise requires, any reference in this Act or in any Act
amended by this Act to a community, foundation or voluntary school or a
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community or foundation special school is to such a school within the meaning
of SSFA 1998.
171
Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
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sections 78 and 79 (provision of food and drink on school premises etc.);
section 102 (interpretation of Chapter 2 of Part 7);
any provision of Part 8 (inspections) so far as it confers power to make
subordinate legislation;
section 151 (powers to facilitate innovation);
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section 163 (functions to be exercisable by Assembly);
sections 164 and 165 (subordinate legislation);
section 166 (power to make consequential and transitional provision etc.);
sections 168 to 170, this section and sections 172 to 174;
Schedule 16;
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Part 1 of Schedule 18, and section 167 so far as relating to that Part.
(2)
The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
section 6 (functions of LEAs in England in respect of recreation etc.);
section 47 (power of Assembly to make regulations about looked after
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children);
section 50 (code of practice as to relationships between LEAs and
maintained schools in England, etc.);
section 152 (power to repeal references to “local education authority” and
“children’s services authority”, etc.);
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section 156 (maintained nursery schools: amendment of sections 496 and
497 of EA 1996);
section 157 (time limits relating to statements of special educational
needs);
section 160 (university bodies: amendment of section 29 of Leasehold
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Reform Act 1967);
sections 161 and 162 (framework power relating to Wales);
Schedule 1;
Part 2 of Schedule 18, and section 167 so far as relating to that Part.
(3)
The remaining provisions of this Act come into force in accordance with
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provision made by the appropriate authority (as defined by section 172) by
order.
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The appropriate authority by whom commencement order is made
(1)
This section has effect for determining who is the appropriate authority for the
purposes of section 171(3).
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(2)
In relation to the provisions specified in subsection (3), the appropriate
authority is—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the Assembly.
(3)
Those provisions are—
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section 1 (duties in relation to high standards and fulfilment of potential);
section 4 (duty to identify children not receiving education);
section 35 (general duties of governing body of maintained school);
section 36 (general restriction on selection by ability);
section 37 (code for school admissions);
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section 40 (prohibition on interviews);
section 42 (objections to admission arrangements);
section 49 (school funding);
Chapter 1 of Part 7 (school discipline);
sections 89, 90 and 91 (parenting contracts and parenting orders);
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section 94 (reintegration interviews);
section 99 (removal of excluded pupils to designated premises);
section 154 (provision of information about children receiving funded
education outside school);
section 155 (collaboration arrangements: maintained schools and further
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education bodies);
Schedule 5.
(4)
In relation to the provisions specified in subsection (5), the appropriate
authority is the Assembly.
(5)
Those provisions are—
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section 146 (removal of duty to inspect performance of certain Assembly
functions);
section 158 (miscellaneous amendments relating to Wales);
Schedule 17;

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the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004,
and section 167 so far as relating to that repeal.
(6)
In relation to a repeal contained in Part 6 of Schedule 18, and section 167 so far
as relating to such a repeal, the appropriate authority is the appropriate
authority for the purposes of section 171(3) in relation to the provision on
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which the repeal is consequential.
(7)
In relation to the other provisions to which section 171(3) applies, the
appropriate authority is the Secretary of State.
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Extent
(1)
Subject to subsections (2) and (3), this Act extends to England and Wales only.
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(2)
The following provisions extend also to Scotland and Northern Ireland—
section 152;
sections 164 and 165;
sections 168 to 172, this section and section 174.
(3)
Any amendment or repeal made by this Act has the same extent as the
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enactment amended or repealed.
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Short title
(1)
This Act may be cited as the Education and Inspections Act 2006.
(2)
This Act is to be included in the list of Education Acts set out in section 578 of
EA 1996.
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