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
Schedule 14 — Minor and consequential amendments relating to Part 8
220

Schedule 14
Section 147

Minor and consequential amendments relating to Part 8
Public Records Act 1958 (c. 51)
1
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records) omit the entry relating to the Adult
5
Learning Inspectorate.
Parliamentary Commissioner Act 1967 (c. 13)
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation)—
(a)
omit the entries relating to the Adult Learning Inspectorate and the
10
Office of Her Majesty’s Chief Inspector of Schools in England, and
(b)
at the appropriate place insert—
“Office for Standards in Education, Children’s Services and Skills.”
Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc.
15
referred to in section 1)—
(a)
omit the entry relating to the Adult Learning Inspectorate, and
(b)
for “Her Majesty’s Chief Inspector of Schools in England” substitute
“Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills”.
20
Employment and Training Act 1973 (c. 50)
4
In section 10B(1) of the Employment and Training Act 1973 (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”,
25
(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”.
House of Commons Disqualification Act 1975 (c. 24)
5     (1)
Schedule 1 to the House of Commons Disqualification Act 1975 (offices
30
disqualifying for membership) is amended as follows.
      (2)
In Part 2 (bodies of which all members are disqualified) insert at the
appropriate place—
“The Office for Standards in Education, Children’s Services and Skills.”
      (3)
In Part 3 (other disqualifying offices) omit the entries relating to any member
35
of the Adult Learning Inspectorate and to Her Majesty’s Chief Inspector of
Schools in England.

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
221

Northern Ireland Assembly Disqualification Act 1975 (c. 25)
6     (1)
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
(offices disqualifying for membership) is amended as follows.
      (2)
In Part 2 (bodies of which all members are disqualified) insert at the
appropriate place—
5
“The Office for Standards in Education, Children’s Services and Skills.”
      (3)
In Part 3 (other disqualifying offices) omit the entry relating to Her Majesty’s
Chief Inspector of Schools in England.
Race Relations Act 1976 (c. 74)
7
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other
10
persons subject to general statutory duty) omit the entry relating to the
Adult Learning Inspectorate.
Education Reform Act 1988 (c. 40)
8
In section 226(2)(b) (services for schools in other member States providing
education for British children) for “by, or under the direction of, one or more
15
of Her Majesty’s Inspectors of Schools for England” substitute “by Her
Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Children Act 1989 (c. 41)
9
The Children Act 1989 has effect subject to the following amendments.
10
Omit section 26ZA (representations: further consideration).
20
11
In section 26A(2A) (advocacy services) omit “26ZA or”.
12
In section 65(6)(a) (persons disqualified from carrying on, or being
employed in, children’s homes) for “the Commission for Social Care
Inspection” substitute “Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills”.
25
13
In section 79B(1) (other definitions etc.) for “Her Majesty’s Chief Inspector of
Schools in England” substitute “Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills”.
14
In section 79N (general functions of Chief Inspector) omit subsections (1) to
(3) and (6).
30
15
In section 79R (reports of inspections) omit subsection (4).
16    (1)
Section 87 (welfare of children in boarding schools and colleges) is amended
as follows.
      (2)
In subsection (4)—
(a)
for “the Commission are” substitute “the Chief Inspector for England
35
is”, and
(b)
for “college, they shall” substitute “college in England, he shall”.
      (3)
In subsection (4A), after “school or college” insert “in Wales”.
      (4)
In subsections (9A) to (9C)—

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
222

(a)
for “the Commission”, wherever occurring, substitute “the Chief
Inspector for England”, and
(b)
for “it must” substitute “that authority must”.
      (5)
In subsection (10)—
(a)
in the definition of “appropriate authority”, for “the Commission for
5
Social Care Inspection” substitute “the Chief Inspector for England”,
(b)
at the appropriate place insert—
““the Chief Inspector for England” means Her Majesty’s
Chief Inspector of Education, Children’s Services and
Skills;”, and
10
(c)
omit the definition of “the Commission”.
17
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”.
15
Further and Higher Education Act 1992 (c. 13)
18
In section 57(3) of the Further and Higher Education Act 1992
(intervention)—
(a)
for paragraph (a) substitute—
“(a)
Her Majesty’s Chief Inspector of Education,
20
Children’s Services and Skills;”, and
(b)
omit paragraphs (c) and (d).
Education Act 1994 (c. 30)
19    (1)
Section 18B (inspection of teacher training) is amended as follows.
      (2)
In subsection (1) for “Her Majesty’s Chief Inspector of Schools in England”
25
substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills”.
      (3)
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
30
providers in England as may be specified in the Secretary of State’s
request.”
      (4)
In subsection (3) omit paragraph (a).
      (5)
In subsection (4) omit the words from “and subsections (2) to (4)” onwards.
      (6)
In subsection (10) for “paragraph 5(1) or (2) of Schedule 1 to the 2005 Act”
35
substitute “paragraph 9(1) of Schedule 12 to the Education and Inspections
Act 2006”.
      (7)
In subsection (11) for the words from “sections” onwards substitute
“paragraph 9(1) of that Schedule.”
Education Act 1997 (c. 44)
40
20
The Education Act 1997 has effect subject to the following amendments.

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
223

21
In section 26(2) (supplementary provisions relating to discharge by
Authority of their functions) for “Her Majesty’s Chief Inspector of Schools in
England” substitute “Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills”.
22    (1)
Section 38 (inspection of LEAs) is amended as follows.
5
      (2)
Omit subsection (2) (inspection of LEAs in England).
      (3)
In subsection (5) (persons conducting inspections)—
(a)
in paragraph (a) omit “England or (as the case may require)”, and
(b)
in paragraph (b) omit “paragraph 2 of Schedule 1 to the Education
Act 2005 or (as the case requires)” and for “that Act” substitute “the
10
Education Act 2005”.
      (4)
In subsection (7) (definitions)—
(a)
for “41” substitute “41A”, and
(b)
omit paragraph (a).
23
In section 39(4) (reports of inspections under s. 38 etc.)—
15
(a)
omit the words from “section 11(2)” to “Wales,”,
(b)
for “that Act” substitute “the Education Act 2005”, and
(c)
omit “section 11(2) or, as the case may be,”.
24
Omit section 41 (inspections involving collaboration of Audit Commission).
25
In Schedule 4 (the Qualifications and Curriculum Authority), in paragraph
20
15(1)(d) and (2) for “Her Majesty’s Chief Inspector of Schools in England”
substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills”.
Audit Commission Act 1998 (c. 18)
26
The Audit Commission Act 1998 has effect subject to the following
25
amendments.
27
In section 33(6) (consultation before studies for improving economy etc. in
services) after paragraph (ca) insert—
“(cb)
in the case of a study which has a connection with anything
which may be inspected under Chapter 4 of Part 8 of the
30
Education and Inspections Act 2006, also consult Her
Majesty’s Chief Inspector of Education, Children’s Services
and Skills;”.
28
In section 34(6) (consultation before studies as to impact of statutory
provisions etc.) after paragraph (b) insert—
35
“(bza)
in the case of a study which has a connection with anything
which may be inspected under Chapter 4 of Part 8 of the
Education and Inspections Act 2006, Her Majesty’s Chief
Inspector of Education, Children’s Services and Skills;”.
29    (1)
Section 37 (assistance to CHAI and CSCI) is amended as follows.
40
      (2)
After subsection (2) add—
“(3)
The Audit Commission may provide assistance to Her Majesty’s
Chief Inspector of Education, Children’s Services and Skills in the

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
224

discharge of any of his functions under Chapter 4 of Part 8 of the
Education and Inspections Act 2006.
(4)
Assistance under subsection (3) may be provided on such terms,
including terms as to payment, as the Audit Commission and the
Chief Inspector may agree.”
5
30
In section 49(1) (restriction on disclosure of information) after paragraph (c)
insert—
“(ca)
to Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills for the purposes of his functions under
Chapter 4 of Part 8 of the Education and Inspections Act
10
2006;”.
31
In Schedule 1 (the Audit Commission) omit paragraph 8(2)(e).
Data Protection Act 1998 (c. 29)
32
In section 31(6) of the Data Protection Act 1998 (personal data exempt from
subject information provisions) omit “, 26ZA”.
15
School Standards and Framework Act 1998 (c. 31)
33
SSFA 1998 has effect subject to the following amendments.
34
In section 139(2)(b) (payments into Consolidated Fund) omit “Her Majesty’s
Chief Inspector of Schools in England, or”.
35    (1)
Schedule 26 (inspection of nursery education) is amended as follows.
20
      (2)
In paragraph 2(1)(a) for “Her Majesty’s Chief Inspector of Schools in
England” substitute “Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills”.
      (3)
In paragraph 13A omit sub-paragraph (4).
Protection of Children Act 1999 (c. 14)
25
36
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.”
30
Local Government Act 1999 (c. 27)
37
In section 25(2) of the Local Government Act 1999 (coordination of
inspections, &c) for paragraph (c) substitute—
“(c)
Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills;”.
35
Care Standards Act 2000 (c. 14)
38
The Care Standards Act 2000 has effect subject to the following
amendments.

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
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39
In section 5(1) (registration authorities) for paragraph (a)(ii) substitute—
“(ii)
the CSCI, in the case of care homes, domiciliary care
agencies and nurses agencies;
(iii)
Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills (referred to in this Act
5
as “the CIECSS”), in the case of children’s homes,
residential family centres, fostering agencies,
voluntary adoption agencies and adoption support
agencies;”.
40    (1)
Section 8 (general functions of the Assembly) is amended as follows.
10
      (2)
For subsection (3) substitute—
“(3)
The Assembly shall have such additional functions in relation to Part
II services provided in Wales as may be specified in regulations
made by the Assembly.
(3A)
But the only functions which may be so specified in relation to a
15
particular Part II service are functions which—
(a)
by virtue of section 5A(7) are exercisable by the CHAI;
(b)
by virtue of section 5B(7) are exercisable by the CSCI; or
(c)
by virtue of section 109(4) of the Education and Inspections
Act 2006 are exercisable by the CIECSS,
20

in relation to the corresponding Part II service provided in England.”
      (3)
In the subsection (6) inserted by section 109 of the Health and Social Care
(Community Health and Standards) Act 2003 (c. 43) for paragraph (b)
substitute—
“(b)
any other functions exercisable by the Assembly
25
corresponding to functions exercisable—
(i)
by the CSCI in relation to England; or
(ii)
by the CIECSS under section 138 of the Education and
Inspections Act 2006.”
      (4)
The subsection (6) inserted by paragraph 18(3) of Schedule 9 to the Health
30
and Social Care (Community Health and Standards) Act 2003 is renumbered
as subsection (7).
41
In section 10(6) (inquiries relating to exercise of functions by Assembly) for
paragraph (b) substitute—
“(b)
any other functions exercisable by the Assembly
35
corresponding to functions exercisable—
(i)
by the CHAI, the CSCI or the CIECSS under this Act
in relation to England; or
(ii)
by the CIECSS under section 138 of the Education and
Inspections Act 2006.”
40
42
In section 11(4) (keeping of registers) for “or the CSCI” substitute “, the CSCI
or the CIECSS”.
43
In section 12(2) (applications for registration) for “or the CSCI” substitute “,
the CSCI or the CIECSS”.
44
In section 15(3)(a) (fees for applications by registered persons) for “or the
45
CSCI” substitute “, the CSCI or the CIECSS”.

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
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45
In section 16(3)(a) (annual fee payable by persons registered under Part 2)
for “or the CSCI” substitute “, the CSCI or the CIECSS”.
46
In section 22(7)(i)(i) (fees in respect of notifications) for “or the CSCI”
substitute “, the CSCI or the CIECSS”.
47
In section 29(1)(a) (proceedings for offences) for “or the CSCI” (in the first
5
place) substitute “, the CSCI or the CIECSS”.
48
In section 31(7) (requirement to arrange for inspection of premises) for “or
the CSCI” substitute “, the CSCI or the CIECSS”.
49
In section 36A (voluntary adoption agencies: distribution of functions) for
“the CSCI” (in each place) substitute “the CIECSS”.
10
50
In section 42(5) (power to extend application of Part 2) for “or the CSCI”
substitute “, the CSCI or the CIECSS”.
51
Omit section 45(4) (inspection of premises used in discharge of adoption and
fostering functions).
52
In section 55(3)(e) (persons who may be treated as social care workers)—
15
(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 130 of the Education and
Inspections Act 2006”.
20
53    (1)
Section 113A (fees payable under Part 2) is amended as follows.
      (2)
In subsection (1)—
(a)
for “and the CSCI” substitute “, the CSCI and the CIECSS”, and
(b)
after “to it” insert “or him”.
      (3)
For subsection (3) substitute—
25
“(3)
Before making any provision under subsection (1), the CHAI, the
CSCI or the CIECSS must consult such bodies as appear to it or him
to be representative of the persons liable to pay the fee.”
      (4)
In subsection (5) for “or the CSCI” substitute “, the CSCI or the CIECSS”.
      (5)
In subsection (6)—
30
(a)
for “or the CSCI” substitute “, the CSCI or the CIECSS”, and
(b)
after “body” insert “or person”.
54
In section 121(13) (interpretation), at the appropriate place in the Table
insert—

“the CIECSS
Section 5”.

35
Learning and Skills Act 2000 (c. 21)
55
The Learning and Skills Act 2000 has effect subject to the following
amendments.
56
Omit sections 52 to 72 (inspections in England).