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
227

57    (1)
Section 82 (inspections of education and training provided under 1973 Act
arrangements) is amended as follows.
      (2)
In subsection (1) for “the Adult Learning Inspectorate” substitute “the Chief
Inspector for England”.
      (3)
In subsection (4) for the words from “the Adult Learning Inspectorate”
5
onwards substitute “the Chief Inspector for England must be given to that
Chief Inspector.”
      (4)
In subsection (5) for “The Adult Learning Inspectorate” substitute “The
Chief Inspector for England” and for “it” substitute “he”.
      (5)
After subsection (6) add—
10
“(7)
In this section “the Chief Inspector for England” means Her
Majesty’s Chief Inspector of Education, Children’s Services and
Skills.”
58
Omit—
(a)
section 90 (preliminary transfers: FEFC for England), and
15
(b)
section 92(4)(b) and (c) (transfers: England).
59
In section 94(2) (stamp duty) for “section 90 or 92” substitute “section 92”.
60
In section 95(1)(b) (contracts of employment) for “section 90 or 92” substitute
“section 92”.
61
In section 113A(1)(a) (restructuring of sixth-form education) for “section 65”
20
substitute “section 119 of the Education and Inspections Act 2006”.
62
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”,
25
(b)
omit paragraphs (a) and (b), and
(c)
in paragraph (c) for “those services” substitute “services in
pursuance of section 114(1)”.
63
In section 150(4)(a) (Wales) omit “90,”.
64
Omit section 151(2) (transitional provisions).
30
65
Omit Schedule 6 (the Adult Learning Inspectorate).
66    (1)
Schedule 7 (sixth forms requiring significant improvement) is amended as
follows.
      (2)
In paragraph 3(1) for “section 65 or 83” substitute “section 119 of the
Education and Inspections Act 2006 or section 83 of this Act”.
35
      (3)
In paragraph 5(1) for “section 65 or 83” substitute “, section 119 of the
Education and Inspections Act 2006 or section 83”.
      (4)
In paragraph 10(1) for “section 65 or 83” substitute “section 119 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 119 of the
40
Education and Inspections Act 2006 or section 83”.
67
Omit Part 3 of Schedule 10 (transitional provisions).

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
228

Regulation of Investigatory Powers Act 2000 (c. 23)
68
In Part 2 of Schedule 1 (relevant authorities for purposes only of section 28)
for paragraph 27B and the cross-heading preceding it substitute—
“HM Chief Inspector of Education, Children’s Services and Skills
27B
Her Majesty’s Chief Inspector of Education, Children’s Services
5
and Skills.”
Freedom of Information Act 2000 (c. 36)
69
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities) omit the entry relating to the Adult Learning Inspectorate.
Education Act 2002 (c. 32)
10
70
EA 2002 has effect subject to the following amendments.
71
In section 1(3) (purpose and interpretation of Chapter 1) for “Her Majesty’s
Chief Inspector of Schools in England” substitute “Her Majesty’s Chief
Inspector of Education, Children’s Services and Skills”.
72
In section 151 (childcare functions of HM Chief Inspector and National
15
Assembly for Wales) in subsections (1) 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”.
73    (1)
Section 162A (power to inspect registered schools in England) is amended as
follows.
20
      (2)
Omit subsection (4).
      (3)
In subsection (5) for “Her Majesty’s Chief Inspector of Schools in England”
substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills”.
74
In section 162B (inspections under section 162A: supplementary) omit
25
subsection (8).
75
In section 171 (interpretation of Chapter 1), in the definition of “Chief
Inspector”, for “Her Majesty’s Chief Inspector of Schools in England”
substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills”.
30
Adoption and Children Act 2002 (c. 38)
76
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”.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
35
77
The Health and Social Care (Community Health and Standards) Act 2003
has effect subject to the following amendments.
78
In section 76(2) (matters to which the CSCI is to have particular regard in the
exercise of certain functions)—

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
229

(a)
in paragraph (d) at the end insert “and”, and
(b)
omit paragraphs (f) and (g).
79
Omit section 77(3) (advice as to standards prepared and published under
section 23 of the Care Standards Act 2000 (c. 14)).
80    (1)
Section 79 (annual reviews) is amended as follows.
5
      (2)
For subsection (2) substitute—
“(2)
After conducting a review under subsection (1) in respect of a local
authority the CSCI must award a performance rating to that
authority in respect of all the English local authority social services
provided by, or pursuant to arrangements made by, that authority.”
10
      (3)
Omit subsection (7).
81
Omit section 80(5) (duty to take into account standards prepared and
published under section 23 of the Care Standards Act 2000).
82
In section 81(2) (duties of the CSCI on awarding lowest performance rating)
for “section 79(2)(a) or (b)” substitute “section 79(2)”.
15
83
Omit section 110 (transfer to the CSCI of functions under section 87 of the
Children Act 1989).
84
Omit section 112 (inspection of secure training centres by the CSCI).
85    (1)
Section 120 (co-operation etc.) is amended as follows.
      (2)
After subsection (1) insert—
20
“(1A)
The CHAI and the CSCI must each co-operate with the CIECSS
where it seems to the CHAI or the CSCI (as the case may be)
appropriate to do so for the efficient and effective discharge of—
(a)
its functions; and
(b)
the functions of the CIECSS under Chapter 4 of Part 8 of the
25
Education and Inspections Act 2006.”
      (3)
In subsection (2) after “each other” insert “or the CIECSS”.
      (4)
For subsection (3) substitute—
“(3)
The CHAI may delegate to the CSCI or the CIECSS any of its
functions to be exercised by the CSCI or the CIECSS (as the case may
30
be) on its behalf.
(3A)
The CSCI may delegate to the CHAI or the CIECSS any of its
functions to be exercised by the CHAI or the CIECSS (as the case may
be) on its behalf.”
      (5)
In subsection (4) for “whenever they consider” substitute “with the other or
35
with the CIECSS whenever the CHAI or the CSCI (as the case may be)
considers”.
      (6)
After that subsection add—
“(5)
In this section “the CIECSS” means Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills.”
40
86    (1)
Section 148 (interpretation of Part 2) is amended as follows.

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
230

      (2)
At the end of the definition of “English local authority social service” add—
“but does not include anything which may be inspected by
Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills under Chapter 4 of Part 8 of the Education
and Inspections Act 2006.”
5
      (3)
At the end of the definition of “social services functions” add “but (in
relation to a local authority in England) does not include—
(a)
functions within section 126(1)(d) or (e) of the Education and
Inspections Act 2006, or
(b)
functions prescribed by regulations under section 126(1)(f) of that
10
Act.”
87
In Schedule 7 (CSCI: supplementary) omit paragraph 5(2).
Children Act 2004 (c. 31)
88
The Children Act 2004 has effect subject to the following amendments.
89    (1)
Section 20 (joint area reviews) is amended as follows.
15
      (2)
In subsection (4) omit paragraphs (b) and (c).
      (3)
In subsection (7)—
(a)
for “subsection (7)(a) of section 2 of the School Inspections Act 1996
(c. 57)” substitute “subsection (1) of section 112 of the Education and
Inspections Act 2006”, and
20
(b)
for “subsection (7)(b)” substitute “subsection (3)”.
90
In section 23 (sections 20 to 22: interpretation) for subsection (5) substitute—
“(5)
“The Chief Inspector of Schools” means Her Majesty’s Chief
Inspector of Education, Children’s Services and Skills.”
Education Act 2005 (c. 18)
25
91
EA 2005 has effect subject to the following amendments.
92
Omit sections 1 to 4 (appointment and functions of Her Majesty’s Chief
Inspector of Schools in England, etc.).
93
For section 8 substitute—
“8
Other inspections
30
(1)
If requested to do so by the Secretary of State, the Chief Inspector
must inspect and report on such school, or class of school, as is
specified in the request.
(2)
The Chief Inspector may inspect any school in England in
circumstances where he is not required to do so by section 5 or
35
subsection (1) above.”
94
In section 9 (power of Chief Inspector to treat other inspection as s. 5
inspection) omit “2(2)(b) or”.
95
In section 11 (publication of inspection reports) omit subsections (2) to (4).

Education and Inspections Bill
Schedule 14 — Minor and consequential amendments relating to Part 8
231

96
In section 12 (interpretation of Chapter 1) for “Her Majesty’s Chief Inspector
of Schools in England” substitute “Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills”.
97
In section 18 (interpretation of Chapter 2) for “Her Majesty’s Chief Inspector
of Schools in England” substitute “Her Majesty’s Chief Inspector of
5
Education, Children’s Services and Skills”.
98    (1)
Section 59 (combined reports) is amended as follows.
      (2)
After subsection (2) insert—
“(2A)
Subsection (2) does not apply so as to authorise the making of a
combined report by the Chief Inspector for England (as to which
10
section 143 of the Education and Inspections Act 2006 applies
instead).”
      (3)
In subsection (4) after “Chief Inspector” insert “for Wales”.
      (4)
After that subsection add—
“(5)
In this section—
15
“the Chief Inspector for England” means Her Majesty’s Chief
Inspector of Education, Children’s Services and Skills; and
“the Chief Inspector for Wales” means Her Majesty’s Chief
Inspector of Education and Training in Wales.”
99
In section 100(1) (interpretation of Part 3) in the definition of “the Chief
20
Inspector for England”, for “Her Majesty’s Chief Inspector of Schools in
England” substitute “Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills”.
100
Omit Schedule 1 (provisions relating to HM Chief Inspector of Schools in
England).
25
Childcare Act 2006 (c.)
101
The Childcare Act 2006 has effect subject to the following amendments.
102
Omit section 14 (inspection).
103
Omit section 31 (general functions of Chief Inspector).
104
In section 50 (report of inspections) omit subsection (4).
30
105   (1)
Section 77 (powers of entry) is amended as follows.
      (2)
In subsections (1) and (2) omit “A person authorised for the purposes of this
subsection by”.
      (3)
In subsection (3) for “Authorisation” substitute “An authorisation given by
the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education
35
and Inspections Act 2006 in relation to his functions”.
      (4)
Omit subsection (7).
106   (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)
40
or (2) of section 77” substitute “The Chief Inspector”.

Education and Inspections Bill
Schedule 15 — Transitional provisions and savings relating to Part 8
232

      (3)
In subsection (2)—
(a)
for “authorised person” substitute “Chief Inspector”, and
(b)
for “that person” substitute “the Chief Inspector”.
107
Omit section 80 (combined reports).
108
Omit section 81 (information to be included in annual reports).
5
109
In section 98(1) (interpretation of Part 3), in the definition of “the Chief
Inspector”, for “Her Majesty’s Chief Inspector of Schools in England”
substitute “Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills”.
Police and Justice Act 2006 (c.)
10
110
The Police and Justice Act 2006 has effect subject to the following
amendments.
111
In section 29(6) (inspection authorities)—
(a)
for paragraph (a) substitute—
“(a)
Her Majesty’s Chief Inspector of Education,
15
Children’s Services and Skills;”, and
(b)
omit paragraph (b).
112
In Schedule 9 (HM Chief Inspector for Justice, Community Safety and
Custody), in paragraph 10(2) (inspections by other inspectors)—
(a)
for paragraph (a) substitute—
20
“(a)
Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;”; and
(b)
omit paragraph (b).
Schedule 15
Section 148

Transitional provisions and savings relating to Part 8
25
Staff transfer schemes
1     (1)
The Secretary of State may make a scheme (a “staff transfer scheme”)
providing—
(a)
for an employee of the ALI or the CSCI to become a member of the
staff of the Office;
30
(b)
for his contract of employment to have effect (subject to any
necessary modifications) as his conditions of service as a member of
the staff of the Office;
(c)
for the transfer to the Office of the rights, powers, duties and
liabilities of the ALI or the CSCI under or in connection with the
35
employee’s contract of employment;
(d)
for anything done (or having effect as if done) before that transfer by
or in relation to the ALI or the CSCI in respect of such a contract or
the employee to be treated as having been done by or in relation to
the Office.
40

Education and Inspections Bill
Schedule 15 — Transitional provisions and savings relating to Part 8
233

      (2)
A staff transfer scheme may provide for a period before a person became a
member of the staff of the Office to count as a period during which he was a
member of its staff (and for the operation of the scheme not to be treated as
having interrupted the continuity of that period).
      (3)
A staff transfer scheme may provide for an employee of the ALI or the CSCI
5
who would otherwise become a member of the staff of the Office not to
become such a member of staff if he gives notice objecting to the operation
of the scheme in relation to him.
      (4)
A staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
10
of the scheme not to be so treated.
      (5)
A staff transfer scheme may provide for—
(a)
section 3 of the Act of Settlement (1700 c. 2),
(b)
section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), and
(c)
any rules prescribing requirements as to nationality which must be
15
satisfied in the case of persons employed in a civil capacity under the
Crown,

not to apply in relation to service as a member of the staff of the Office by a
person who becomes a member of its staff pursuant to the scheme.
Property transfer schemes
20
2     (1)
The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer to the Office or the new Chief Inspector of any
property, rights or liabilities of any of the following—
(a)
the existing Chief Inspector;
(b)
the Secretary of State;
25
(c)
the Lord Chancellor;
(d)
the ALI;
(e)
the CSCI.
      (2)
A property transfer scheme may provide for the transfer to a person other
than the Office or the new Chief Inspector of any property, rights or
30
liabilities of the ALI not transferred pursuant to sub-paragraph (1).
      (3)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;
(b)
provide for things done by or in relation to persons mentioned in
35
paragraphs (a) to (e) of sub-paragraph (1) in connection with any
property, rights or liabilities transferred by the scheme to be treated
as done, or to be continued, by or in relation to the person to whom
the property, rights or liabilities in question are transferred;
(c)
apportion property, rights and liabilities;
40
(d)
make provision about the continuation of legal proceedings.
      (4)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be
transferred;
(b)
property acquired, and rights and liabilities arising, after the making
45
of the scheme.