|
| |
|
Continuity of exercise of functions etc. |
| |
| |
(a) | has been done (or has effect as if done) by or in relation to the existing |
| |
| |
(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 |
| 15 |
(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, |
| |
| |
(c) | the Chief Inspector of Adult Learning, or |
| |
| 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). |
| |
| 30 |
5 | A staff transfer scheme, a property transfer scheme or a scheme made under |
| |
paragraph 4 may contain supplementary, incidental, transitional and |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
(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. |
| |
| |
| |
“the ALI” means the Adult Learning Inspectorate; |
| 25 |
“the existing Chief Inspector” means Her Majesty’s Chief Inspector of |
| |
| |
“the new Chief Inspector” means the Chief Inspector appointed under |
| |
| |
“court administration inspector” means an inspector of court |
| 30 |
administration appointed under section 58 of the Courts Act 2003 |
| |
| |
“the CSCI” means the Commission for Social Care Inspection. |
| |
| |
| |
Powers to facilitate innovation |
| 35 |
| |
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 |
| |
| |
|
| |
|
| |
|
(2) | In subsection (1)(a) and (b), for “the educational standards achieved by |
| |
children” substitute “educational standards”. |
| |
| |
(a) | for “the educational standards achieved by children” substitute |
| |
“educational standards”, and |
| 5 |
(b) | in paragraph (b), for “children” substitute “pupils or students”. |
| |
| |
(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, |
| 15 |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| 35 |
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 |
| |
| 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). |
| |
|
| |
|
| |
|
3 (1) | Section 4 of EA 2002 (applications for orders under section 2) is amended as |
| |
| |
(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 |
| |
| |
| |
(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,”, |
| |
| 15 |
(c) | for paragraph (b) substitute— |
| |
“(b) | in the case of the governing body of a maintained |
| |
| |
(i) | the local education authority who maintain |
| |
| 20 |
(ii) | where the school is a foundation school with a |
| |
qualifying foundation, that foundation, and”. |
| |
| |
| |
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 |
| |
| |
(d) | a pupil referral unit as defined in section 19(2) of the |
| |
| |
| 35 |
(f) | a city technology college, or |
| |
(g) | a city college for the technology of the arts,”. |
| |
|
| |
|