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Education and Inspections Bill


Education and Inspections Bill
Schedule 10 — Further amendments relating to travel to schools etc

208

 

Schedule 10

Section 77

 

Further amendments relating to travel to schools etc

Public Passenger Vehicles Act 1981 (c.14)

1          

In section 46 of the Public Passenger Vehicles Act 1981 (fare-paying

passengers on school buses), in subsection (3), in the definition of “free

5

school transport”—

(a)   

after “under” insert “section 508B(1), section 508C(1), section

508F(1),” and

(b)   

after “1996,” insert—

“(aa)   

in pursuance of arrangements made by the authority

10

in pursuance of a scheme made by them under

Schedule 35C to that Act (school travel schemes),”.

Transport Act 1985 (c. 67)

2     (1)  

Section 6 of the Transport Act 1985 (registration of local services) is amended

as follows.

15

      (2)  

In paragraph (a) of subsection (1A) for the words from “the obligation” to the

end substitute “—

(i)   

the obligation placed on a local education authority

by section 508B(1), section 508F(1), section 509(1) or

(1A), or section 509AA(7)(b) or (9)(a) of the Education

20

Act 1996 (provision of transport etc),

(ii)   

the exercise of the powers of a local education

authority under section 508C(1) of that Act, or

(iii)   

arrangements made by a local education authority in

pursuance of a scheme made by them under Schedule

25

35C to that Act (school travel schemes); and”.

      (3)  

In paragraph (b) of that subsection, in sub-paragraph (i), for “such an

obligation” substitute “the obligation, the exercise of the power or the

arrangements in question mentioned in paragraph (a)”.

Education Act 1996 (c. 56)

30

3          

In section 455(1) of EA 1996 (permitted charges), in paragraph (c), for

“509(2)” substitute “508B(1), 508F(3) or 509(2), or section 508E(2)(d) and

paragraph 5(2) of Schedule 35C,”.

4     (1)  

Section 509 of EA 1996 (provision of transport etc) is amended as follows.

      (2)  

In subsection (1)—

35

(a)   

after “local education authority” insert “in Wales”, and

(b)   

for “Secretary of State” substitute “National Assembly for Wales”.

      (3)  

In subsection (1A)—

(a)   

after “authority” insert “in Wales”, and

(b)   

for “Secretary of State” substitute “National Assembly for Wales”.

40

      (4)  

In subsection (1B)—

(a)   

omit “the Learning and Skills Council for England or”, and

 

 

Education and Inspections Bill
Schedule 11 — The Office for Standards in Education, Children’s Services and Skills

209

 

(b)   

in paragraph (b), omit “13 or”.

      (5)  

In subsection (3), after “authority” insert “in Wales”.

      (6)  

In subsection (5), in paragraph (c), for “section 13” substitute “section 41”.

      (7)  

In the heading, for “Provision” substitute “LEAs in Wales: provision”.

5          

In section 509AB of EA 1996 (further provision about transport policy

5

statements)—

(a)   

after subsection (3) insert—

“(3A)   

In considering whether or not it is necessary to make

arrangements for those purposes in relation to a particular

person, a local education authority in England shall have

10

regard (amongst other things) to the nature of the route, or

alternative routes, which he could reasonably be expected to

take.”, and

(b)   

in subsection (4)—

(i)   

for “those purposes” substitute “the purposes mentioned in

15

subsections (2) and (3) of section 509AA”, and

(ii)   

after “authority” insert “in Wales”.

Schedule 11

Section 103

 

The Office for Standards in Education, Children’s Services and Skills

Membership

20

1          

The Office is to consist of—

(a)   

a chairman appointed by the Secretary of State;

(b)   

not less than 5 and not more than 10 other members appointed by the

Secretary of State (“the appointed members”); and

(c)   

the Chief Inspector.

25

Terms of appointment

2     (1)  

The chairman and the appointed members hold and vacate office in

accordance with the terms of their respective appointments.

      (2)  

Sub-paragraph (1) has effect subject to the following provisions of this

Schedule.

30

      (3)  

Section 104 makes provision for the holding and vacation of office by the

Chief Inspector.

3          

A person appointed as chairman or appointed member—

(a)   

must not be appointed for a term of more than five years,

(b)   

may at any time resign by giving written notice to the Secretary of

35

State, and

(c)   

may be removed from office by the Secretary of State on the grounds

that he is unable or unfit to carry out the duties of his office.

 

 

Education and Inspections Bill
Schedule 11 — The Office for Standards in Education, Children’s Services and Skills

210

 

4          

The previous appointment of a person as chairman or appointed member

does not affect his eligibility for appointment to either office.

Remuneration of members

5     (1)  

The Office must pay to the chairman and each of the appointed members

such remuneration and allowances as may be determined by the Secretary

5

of State.

      (2)  

The Office must, if required to do so by the Secretary of State—

(a)   

pay such pension, allowances or gratuities as may be determined by

the Secretary of State to or in respect of a person who is or has held

office as chairman or appointed member; or

10

(b)   

make such payments as may be so determined towards provision for

the payment of a pension, allowances or gratuities to or in respect of

such a person.

      (3)  

If, where a person ceases to hold office as chairman or appointed member,

the Secretary of State determines that there are special circumstances which

15

make it right that he should receive compensation, the Office must pay to

him such amount by way of compensation as the Secretary of State may

determine.

      (4)  

Paragraph 1 of Schedule 12 makes provision for the payment to the Chief

Inspector of remuneration etc.

20

Staff

6     (1)  

The Office has power to appoint staff—

(a)   

for the purposes of the performance of its own functions, and

(b)   

for the purposes of the performance of functions of the Chief

Inspector.

25

      (2)  

But that power is exercisable only by the Chief Inspector acting on behalf of

the Office.

      (3)  

The conditions of service of persons appointed under this paragraph are to

be determined by the Chief Inspector, subject to the approval of the Minister

for the Civil Service.

30

      (4)  

The management of the staff of the Office is to be the responsibility of the

Chief Inspector.

      (5)  

Nothing in this paragraph is to be read as preventing any delegation by the

Chief Inspector under paragraph 9 of Schedule 12.

Committees

35

7     (1)  

The Office may establish committees, and any committee so established may

establish sub-committees.

      (2)  

The members of a committee of the Office may include persons who are not

members of the Office (and the members of a sub-committee may include

persons who are not members of the committee or of the Office).

40

      (3)  

The Office may make arrangements for the payment of such remuneration

and allowances as it thinks fit to any person who—

 

 

Education and Inspections Bill
Schedule 11 — The Office for Standards in Education, Children’s Services and Skills

211

 

(a)   

is a member of a committee or sub-committee, but

(b)   

is not a member of the Office.

Procedure etc.

8     (1)  

The Office may make such provision as it thinks fit to regulate—

(a)   

its own proceedings (including quorum), and

5

(b)   

the procedure (including quorum) of its committees and sub-

committees.

      (2)  

The validity of any proceedings of the Office, or any of its committees or sub-

committees, is not affected by—

(a)   

any vacancy in the office of chairman or in the membership of the

10

Office or (as the case may be) of the committee or sub-committee, or

(b)   

any defect in the appointment of the chairman or any other member

of the Office or (as the case may be) of any member of the committee

or sub-committee.

Performance of functions

15

9          

Anything authorised or required to be done by the Office may be done by—

(a)   

any member of the Office who is authorised for the purpose by the

Office, whether generally or specially, or

(b)   

any committee or sub-committee of the Office which has been so

authorised.

20

Execution of documents

10         

The application of the seal of the Office must be authenticated by the

signature of—

(a)   

any member of the Office, or

(b)   

some other person who has been authorised for that purpose by the

25

Office, whether generally or specially.

Evidence

11         

The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to

the Office as if—

(a)   

the Office were included in the first column of the Schedule to that

30

Act,

(b)   

any member or other person authorised to act on behalf of the Office

were mentioned in the second column of that Schedule, and

(c)   

the regulations referred to in that Act included any document issued

by or under the authority of the Office.

35

Supplementary powers

12    (1)  

The Office has power—

(a)   

to enter into contracts,

(b)   

to acquire, and dispose of, land or other property, and

(c)   

to arrange for the provision of accommodation,

40

           

in connection with the performance of its own functions or in connection

with the performance of functions of the Chief Inspector.

 

 

Education and Inspections Bill
Schedule 12 — The Chief Inspector and other inspectors etc.
Part 1 — The Chief inspector

212

 

      (2)  

But those powers are exercisable only by the Chief Inspector acting on behalf

of the Office.

      (3)  

The management of any property or accommodation held or used in

connection with the performance of any of the functions mentioned in sub-

paragraph (1) is to be the responsibility of the Chief Inspector.

5

      (4)  

Nothing in this paragraph is to be read as preventing any delegation by the

Chief Inspector under paragraph 9 of Schedule 12.

13    (1)  

The Office may do anything that it considers is necessary or expedient for

the purposes of, or in connection with, its functions.

      (2)  

But to the extent that paragraph 6 or 12 makes provision for restricting the

10

exercise of any such power, the power is accordingly exercisable subject to

any such restriction.

Schedule 12

Section 106

 

The Chief Inspector and other inspectors etc.

Part 1

15

The Chief inspector

Remuneration, pensions etc. of Chief Inspector

1     (1)  

The Office is to pay the Chief Inspector such remuneration, and such

travelling and other allowances, as the Secretary of State may determine.

      (2)  

In the case of any Chief Inspector determined by the Secretary of State, the

20

Office is to pay—

(a)   

such pension, allowance or gratuity to or in respect of him, or

(b)   

such contributions or payments towards provision for such a

pension, allowance or gratuity,

           

as the Secretary of State may determine.

25

      (3)  

If, when any person ceases to hold office as Chief Inspector, the Secretary of

State determines that there are special circumstances which make it right

that he should receive compensation, the Office may pay to him such sum

by way of compensation as the Secretary of State may determine.

      (4)  

Service as Chief Inspector is one of the kinds of service to which a scheme

30

under section 1 of the Superannuation Act 1972 (c. 11) can apply.

      (5)  

The Office must pay to the Minister for the Civil Service, at such times as he

may direct, such sums as he may determine in respect of any increase

attributable to sub-paragraph (4) in the sums payable out of money

provided by Parliament under that Act.

35

 

 

Education and Inspections Bill
Schedule 12 — The Chief Inspector and other inspectors etc.
Part 1 — The Chief inspector

213

 

Temporary appointment of Chief Inspector; performance of functions during vacancy or

incapacity etc.

2     (1)  

If there is a vacancy in the office of Chief Inspector, the Secretary of State

may appoint a person to be Chief Inspector during such period (not

exceeding one year) as he thinks fit.

5

      (2)  

Any such appointment is to be on such terms as the Secretary of State may

determine.

      (3)  

Those terms may include provision for the Secretary of State to terminate the

appointment before the time when it would otherwise end.

3     (1)  

The Chief Inspector may designate an HMI to perform his functions during

10

any period when he is absent or unable to act.

      (2)  

If (at a time when no designation is in force under sub-paragraph (1)) it

appears to the chairman of the Office that the Chief Inspector is, as a result

of any incapacity—

(a)   

unable to act, and

15

(b)   

unable to make a designation under that sub-paragraph,

           

the chairman may designate an HMI to perform the Chief Inspector’s

functions so long as he remains in office and is unable to act.

      (3)  

For the purposes of this paragraph the Chief Inspector’s functions include

his functions as a member of the Office.

20

Execution of documents

4          

The application of the Chief Inspector’s seal must be authenticated by the

signature of—

(a)   

the Chief Inspector, or

(b)   

some other person who has been authorised for that purpose by the

25

Chief Inspector, whether generally or specially.

Evidence

5          

The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to

the Chief Inspector as if—

(a)   

he were mentioned in the first column of the Schedule to that Act,

30

(b)   

he and any person authorised to act on his behalf were mentioned in

the second column of that Schedule, and

(c)   

the regulations referred to in that Act included any document issued

by him or any such person.

Ancillary powers

35

6          

The Chief Inspector may do anything that he considers necessary or

expedient for the purposes of, or in connection with, his functions.

Nature of functions conferred on Chief Inspector

7     (1)  

Functions conferred on the Chief Inspector by virtue of this Part or any other

enactment are conferred on him in his capacity as holder of the office of

40

Chief Inspector and not in his capacity as a member of the Office.

 

 

Education and Inspections Bill
Schedule 12 — The Chief Inspector and other inspectors etc.
Part 2 — Inspectors etc. acting on behalf of Chief inspector

214

 

      (2)  

Sub-paragraph (1) does not apply to any function of the Chief Inspector

under—

(a)   

section 105(4),

(b)   

paragraph 6 or 12 of Schedule 11, or

(c)   

paragraph 3 of this Schedule.

5

      (3)  

References in this Part to functions of the Chief Inspector are references to

functions conferred on him in his capacity as holder of the office of Chief

Inspector.

           

This is subject to paragraph 3(3).

      (4)  

Any proceedings brought in respect of any such function of the Chief

10

Inspector are to be brought against the Chief Inspector in his capacity as

holder of that office.

Relationship between Chief Inspector and the Office

8     (1)  

For all purposes relating to the government department constituted by the

Office, the Chief Inspector is to be regarded—

15

(a)   

as part of that government department, whether acting in his

capacity as holder of the office of Chief Inspector or in his capacity as

a member of the Office, and

(b)   

as performing his functions (in whatever capacity) on behalf of it.

      (2)  

Sub-paragraph (1) applies subject to any provision made by virtue of sub-

20

paragraph (3).

      (3)  

The Secretary of State may by order make such provision as he considers

appropriate for—

(a)   

supplementing or modifying the effect of sub-paragraph (1), or

(b)   

prescribing other matters in connection with responsibilities of the

25

Chief Inspector in relation to the Office or otherwise connected with

the relationship between them.

      (4)  

Such an order may in particular provide—

(a)   

for allocating functions, property, rights or liabilities as between the

Office and the Chief Inspector;

30

(b)   

for conferring on the Chief Inspector responsibilities in relation to

property, rights or liabilities of the Office, including responsibilities

as to the conduct of proceedings;

(c)   

for the capacity in which the Chief Inspector is to discharge any such

functions or responsibilities.

35

Part 2

Inspectors etc. acting on behalf of Chief inspector

Delegation of functions

9     (1)  

Anything authorised or required by or under any enactment to be done by

the Chief Inspector may be done by—

40

(a)   

any HMI,

(b)   

any other member of the staff of the Office, or

(c)   

any additional inspector,

 

 

 
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