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 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.
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      (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,
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
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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
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
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
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(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,
35
(f)
a city technology college, or
(g)
a city college for the technology of the arts,”.