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Education and Inspections Bill


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

234

 

Continuity of exercise of functions etc.

3     (1)  

Anything which—

(a)   

has been done (or has effect as if done) by or in relation to the existing

Chief Inspector, and

(b)   

is in force immediately before the appointed day,

5

           

is to be treated as done by or in relation to the new Chief Inspector.

      (2)  

Anything (including any legal proceedings) which—

(a)   

relates to any function transferred to, or otherwise made exercisable

by, the new Chief Inspector under this Part, and

(b)   

is in the process of being done by or in relation to the existing Chief

10

Inspector immediately before the appointed day,

           

may be continued by or in relation to the new Chief Inspector.

      (3)  

Nothing in sub-paragraph (1) or (2)—

(a)   

applies to anything in relation to which provision may be made

under paragraph 2(3)(b), or

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(b)   

affects the validity of anything done by the existing Chief Inspector.

      (4)  

In this paragraph “the appointed day” means the day appointed under

section 171 for the coming into force of section 104.

4     (1)  

A scheme made by the Secretary of State may make provision corresponding

to the provision made by paragraph 3 in relation to things done, having

20

effect as if done, or in the process of being done by—

(a)   

any court administration inspector,

(b)   

the ALI,

(c)   

the Chief Inspector of Adult Learning, or

(d)   

the CSCI.

25

      (2)  

Such a scheme may provide for things to be treated as done, or to be

continued, by or in relation to the Chief Inspector or the Office.

      (3)  

This paragraph does not apply to anything in relation to which provision

may be made under paragraph 1(1)(d).

Schemes: supplementary

30

5          

A staff transfer scheme, a property transfer scheme or a scheme made under

paragraph 4 may contain supplementary, incidental, transitional and

consequential provision.

Saving for previous transfer schemes

6          

Paragraphs 58 and 60 of Schedule 14 to this Act (and the corresponding

35

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

40

liabilities under a contract of employment transferred by virtue of

such a scheme.

 

 

Education and Inspections Bill
Schedule 16 — Powers to facilitate innovation
Part 1 — Amendments of Chapter 1 of Part 1 of Education Act 2002

235

 

Preparation for performance of functions by the new Chief Inspector

7     (1)  

The Secretary of State may by regulations confer on the Office and the

existing Chief Inspector such powers, and impose on them such duties, as

the Secretary of State considers necessary or expedient for the purpose of

preparing for the performance by the new Chief Inspector of his functions.

5

      (2)  

Regulations under sub-paragraph (1) may be made at any time before the

day on which the new Chief Inspector acquires his functions.

      (3)  

The ALI, the Chief Inspector of Adult Learning, the CSCI and the court

administration inspectors must give such assistance to the Office and the

existing Chief Inspector as is reasonably required for the purpose of

10

preparing for the performance by the new Chief Inspector of his functions.

      (4)  

In this paragraph references to the new Chief Inspector’s functions are to the

functions conferred on him by virtue of this Part.

First annual report of the new Chief Inspector

8     (1)  

The first annual report made by the new Chief Inspector under section 112

15

is to be a report in respect of the year beginning with the day after the end of

the last year for which the existing Chief Inspector made a report under

section 3 of EA 2005.

      (2)  

That report is to include a report on the exercise by the existing Chief

Inspector of his functions during any period—

20

(a)   

beginning with the day mentioned in sub-paragraph (1), and

(b)   

ending with the day before his office was abolished.

Interpretation

9          

In this Schedule—

“the ALI” means the Adult Learning Inspectorate;

25

“the existing Chief Inspector” means Her Majesty’s Chief Inspector of

Schools in England;

“the new Chief Inspector” means the Chief Inspector appointed under

Chapter 1 of this Part;

“court administration inspector” means an inspector of court

30

administration appointed under section 58 of the Courts Act 2003

(c. 39);

“the CSCI” means the Commission for Social Care Inspection.

Schedule 16

Section 151

 

Powers to facilitate innovation

35

Part 1

Amendments of Chapter 1 of Part 1 of Education Act 2002

1     (1)  

Section 1 of EA 2002 (purpose and interpretation of Chapter 1 of Part 1) is

amended as follows.

 

 

Education and Inspections Bill
Schedule 16 — Powers to facilitate innovation
Part 1 — Amendments of Chapter 1 of Part 1 of Education Act 2002

236

 

      (2)  

In subsection (1)(a) and (b), for “the educational standards achieved by

children” substitute “educational standards”.

      (3)  

In subsection (2)—

(a)   

for “the educational standards achieved by children” substitute

“educational standards”, and

5

(b)   

in paragraph (b), for “children” substitute “pupils or students”.

      (4)  

In subsection (3)—

(a)   

after the definition of “education legislation” insert—

“ “maintained school” means—

(a)   

a community, foundation or voluntary school,

10

(b)   

a community or foundation special school, or

(c)   

a maintained nursery school;”,

(b)   

for the definition of “qualifying body” substitute—

“ “qualifying body” means—

(a)   

a local education authority,

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(b)   

an Education Action Forum,

(c)   

a qualifying foundation,

(d)   

the governing body of a maintained school,

(e)   

the head teacher of a maintained school,

(f)   

the proprietor of an Academy, a city

20

technology college or a city college for the

technology of the arts,

(g)   

the proprietor of any special school that is not

maintained by a local education authority but

is for the time being approved by the

25

Secretary of State or the National Assembly

for Wales under section 342 of the Education

Act 1996, or

(h)   

the governing body of an institution within

the further education sector;”, and

30

(c)   

after the definition of “qualifying body” insert—

“qualifying foundation” means the foundation, as

defined by subsection (3)(a) of section 21 of the School

Standards and Framework Act 1998, of any

foundation or foundation special school that for the

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purposes of that section has a foundation established

otherwise than under that Act;”, and

(d)   

omit the definition of “qualifying school”.

2     (1)  

Section 2 of EA 2002 (power to suspend statutory requirements etc.) is

amended as follows.

40

      (2)  

After subsection (1) insert—

“(1A)   

Where the applicant is or includes a qualifying foundation,

references in paragraphs (a) to (d) of subsection (1) to the applicant

(so far as they would otherwise be read as references to the

qualifying foundation) are to be read as references to the governing

45

bodies of all or any of the foundation or foundation special schools

in respect of which the applicant is the foundation.”

      (3)  

Omit subsections (7) and (8).

 

 

Education and Inspections Bill
Schedule 16 — Powers to facilitate innovation
Part 2 — Consequential amendment

237

 

3     (1)  

Section 4 of EA 2002 (applications for orders under section 2) is amended as

follows.

      (2)  

In subsection (1) after “section 2” insert “(“an application for an order”)”.

      (3)  

After subsection (1) insert—

“(1A)   

No application for an order may be made by the head teacher of a

5

maintained school without the consent of the governing body of the

school.”

      (4)  

In subsection (2)—

(a)   

for “such an application” substitute “an application for an order”,

(b)   

after paragraph (a) insert—

10

“(aa)   

in the case of a qualifying foundation, consult the

governing body of each foundation or foundation

special school to which the application relates and the

local education authority who maintain the school,”,

and

15

(c)   

for paragraph (b) substitute—

“(b)   

in the case of the governing body of a maintained

school, consult—

(i)   

the local education authority who maintain

the school, and

20

(ii)   

where the school is a foundation school with a

qualifying foundation, that foundation, and”.

Part 2

Consequential amendment

4          

In section 24 of the Anti-social Behaviour Act 2003 (c. 38), for the definition

25

of “relevant school” substitute—

“ “relevant school” means—

(a)   

a community, foundation or voluntary school,

(b)   

a community or foundation special school,

(c)   

a maintained nursery school as defined in section

30

22(9) of the School Standards and Framework Act

1998,

(d)   

a pupil referral unit as defined in section 19(2) of the

1996 Act,

(e)   

an Academy,

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(f)   

a city technology college, or

(g)   

a city college for the technology of the arts,”.

 

 

 
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