Education and Inspections Bill

House of Commons

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Schedule 17 — Miscellaneous amendments relating to Wales
238

Schedule 17
Section 158

Miscellaneous amendments relating to Wales
Schools in Wales causing concern: warning notice by local education authority
1     (1)
Section 15 of SSFA 1998 (cases where local education authority may exercise
powers of intervention) is amended as follows.
5
      (2)
In subsections (1)(c) and (2)(a)(i) for “either or both of sections 16 and 17”
substitute “any one or more of sections 16, 16A and 17”.
      (3)
After subsection (3) insert—
“(3A)
For the purposes of subsection (2)(a) the standards of performance of
pupils at a school are low if they are low by reference to any one or
10
more of the following—
(a)
the standards that the pupils might in all the circumstances
reasonably be expected to attain,
(b)
where relevant, the standards previously attained by them,
or
15
(c)
the standards attained by pupils at comparable schools.”
      (4)
In subsection (7), for “Part 1 of the School Inspections Act 1996” substitute
“Chapter 3 of Part 1 of the Education Act 2005”.
LEA’s reserve power to prevent breakdown of discipline
2
In section 62 of SSFA 1998 (LEA’s reserve power to prevent a breakdown of
20
discipline) in subsection (3)(c), for “either or both of sections 16 and 17”
substitute “any one or more of sections 16, 16A and 17”.
Orders and regulations made by Assembly under SSFA 1998
3     (1)
Section 138 of SSFA 1998 (orders and regulations) is amended as follows.
      (2)
In subsection (1), after “the Secretary of State” insert “or the Assembly”.
25
      (3)
In subsection (3), after “regulations” insert “made by the Secretary of State”.
      (4)
In subsection (7), after “the Secretary of State” insert “or the Assembly”.
Meaning of “the Assembly” in SSFA 1998
4
In section 142(1) of SSFA 1998 (general interpretation), before the definition
of “Church in Wales school” insert—
30
“ “the Assembly” means the National Assembly for Wales;”.
5
In section 143 of SSFA 1998 (index), after the entry for “area” insert—

“Assembly
section 142(1)”.

Education and Inspections Bill
Schedule 18 — Repeals
Part 3 — School organisation
239

Power of Assembly to require LEA to obtain advisory services
6
In section 63 of EA 2002 (power to require LEA to obtain advisory services)
in subsection (4) (which defines “school” for the purposes of that section), for
“Chapter 2” substitute “Chapter 4”.
Schedule 18
5
Section 167

Repeals
Part 1
Repeals coming into force on Royal Assent

Short title and chapter
Extent of repeal

Education Act 2002 (c. 32)
In section 1(3), the definition of “qualifying

10

school”.

Section 2(7) and (8).

In Schedule 21, paragraph 54.

Part 2
Repeals coming into force in accordance with section 171(2)
15

Short title and chapter
Extent of repeal

Leasehold Reform Act 1967
In section 29(6), the words from “but a

(c. 88)
university body” to the end.

Employment Act 1989 (c. 38)
Section 26.

Section 28(4)(b).

20

Education Act 1996 (c. 56)
In section 569—

  in subsection (2), the words “other than

regulations under section 492”, and

  subsection (3).

School Standards and
Section 127(5) and (6).

25

Framework Act 1998 (c. 31)

Education Act 2002 (c. 32)
In Schedule 21, paragraph 110(3).

Education Act 2005 (c. 18)
In Schedule 9, paragraph 21.

Part 3
School organisation
30

Short title and chapter
Extent of repeal

Local Government Act 1972 (c.
Section 177(1A)(b).

70)

Local Government Act 1974 (c.
Section 25(5)(a).

7)

35

Education and Inspections Bill
Schedule 18 — Repeals
Part 3 — School organisation
240

Short title and chapter
Extent of repeal

Education Act 1996 (c. 56)
In section 529(2), the words “(other than a

nursery school or a special school)”.

School Standards and
In section 21(6)(i), the words “school

Framework Act 1998 (c. 31)
organisation committees and”.

5

Section 24.

Section 27.

In section 28—

  in subsection (1)(d), the words from “in the

case” to “Wales,”;

10

  in subsection (2)(b), the words from “or of” to

“in England,”;

  subsections (2A) and (2B);

  subsection (6);

  in subsection (7), the words from the

15

beginning to “in Wales;

  in subsection (8), the words “(for both

England and Wales)”; and

  in subsection (9), the words “subsection (6)

and”.

20

Section 28A.

In section 29—

  in subsection (4B), paragraph (c) and in

paragraph (d), the words “parish council or”;

  subsection (5);

25

  in subsection (6), the words from the

beginning to “in Wales”;

  in subsection (7), the words “(for both

England and Wales)”; and

  in subsection (8), the words “subsection (5)

30

and”.

In section 31—

  subsection (5);

  in subsection (6), the words from the

beginning to “in Wales”;

35

  in subsection (7), the words “(5) or”; and

  in subsection (8), the words “(for both

England and Wales)”.

In section 33(4), the words “28A,”.

In section 79(1), the word “or” at the end of

40

paragraph (b).

In section 138(4), the words “29(9A),”.

In section 143—

  in the entry beginning “promoters”, the

words “or 28A(2)”, and

45

  the entry beginning “school organisation

committees”.

Schedule 4.

In Schedule 6—

  paragraphs 1 to 5;

50

  in paragraph 6, the words from “relate” to the

end;

  in paragraph 11, the words “5 or”;

  in paragraph 12(2), the words “28A(1)”;

  in paragraph 13, in sub-paragraph (2), the

55

words “28A(1)”, and in sub-paragraph (3)(a)

the words “or 28A(2)”;

Education and Inspections Bill
Schedule 18 — Repeals
Part 4 — Schools causing concern
241

Short title and chapter
Extent of repeal

School Standards and
  in paragraph 14(3), the words “or 28A(2)”;

Framework Act 1998 (c. 31)—
and

cont.
  paragraph 21 and the heading immediately

preceding it.

5

In Schedule 30, paragraphs 45 and 146(b).

Learning and Skills Act 2000 (c.
In section 113(3)(b), the words “any school

21)
organisation committee”.

In Schedule 7—

  in paragraph 32, in sub-paragraph (2), the

10

definition of “the school organisation

committee”, and sub-paragraph (3);

  paragraph 35(5) and (6).

In Schedule 9, paragraph 82.

Race Relations (Amendment)
In Schedule 2, paragraph 30.

15

Act 2000 (c. 34)

Special Educational Needs and
In Schedule 8, paragraph 23(2).

Disability Act 2001 (c. 10)

Education Act 2002 (c. 32)
Section 73.

In Schedule 21, paragraph 53.

20

Education Act 2005 (c. 18)
Sections 64 to 67.

In section 68(1), in paragraph (a) the words “,

28A”, and paragraphs (d) and (e).

Section 69(a).

Section 73.

25

Schedules 10 and 11.

In Schedule 12, paragraphs 1(2), 2, 3, 5, 6 and 9

to 12.

Part 4
Schools causing concern
30

Short title and chapter
Extent of repeal

School Standards and
In section 14, subsections (1A) and (4)(b).

Framework Act 1998 (c. 31)
In section 15(7), the words “65 or”.

In section 16(3)(a) and (9)(a), the words “13(3)(a)

or”.

35

In section 16A(2)(a), the words “13(3)(a) or”.

In section 17(3), the words “13(3)(a) or”.

Section 19(2)(ca).

Learning and Skills Act 2000 (c.
In Schedule 9, paragraph 79.

21)

40

Education Act 2002 (c. 32)
In section 63(5), the words “of the Secretary of

State or, as the case may be,”.

Education Act 2005 (c. 18)
In section 17(1), all the words following

paragraph (b).

In section 18, in paragraph (a) of the definition

45

of “the appropriate appointing authority”, the

words “, a Church in Wales school”.

Education and Inspections Bill
Schedule 18 — Repeals
Part 5 — Inspections
242

Part 5
Inspections

Short title and Chapter
Extent of repeal

Public Records Act 1958 (c. 51)
In Schedule 1, in Part 2 of the Table in

paragraph 3, the entry relating to the Adult

5

Learning Inspectorate.

Parliamentary Commissioner
In Schedule 2, the entries relating to the Adult

Act 1967 (c. 13)
Learning Inspectorate and the Office of Her

Majesty’s Chief Inspector of Schools in

England.

10

Superannuation Act 1972 (c. 11)
In Schedule 1, the entry relating to the Adult

Learning Inspectorate.

Employment and Training Act
Section 10B(1)(a) and (b).

1973 (c. 50)

House of Commons
In Schedule 1, in Part 3, the entries relating to

15

Disqualification Act 1975
any member of the Adult Learning

(c. 24)
Inspectorate and to Her Majesty’s Chief

Inspector of Schools in England.

Northern Ireland Assembly
In Schedule 1, in Part 3, the entry relating to Her

Disqualification Act 1975
Majesty’s Chief Inspector of Schools in

20

(c. 25)
England.

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 2, the entry relating to

the Adult Learning Inspectorate.

Children Act 1989 (c. 41)
Section 26ZA.

In section 26A(2A), “26ZA or”.

25

In section 79N, subsections (1) to (3) and (6).

Section 79R(4).

In section 87(10), the definition of “the

Commission”.

Further and Higher Education
Section 57(3)(c) and (d).

30

Act 1992 (c. 13)

Education Act 1994 (c. 30)
In section 18B, subsection (3)(a), and in

subsection (4) the words from “and

subsections (2) to (4)” onwards.

Education Act 1997 (c. 44)
In section 38, subsection (2), in subsection (5)(a)

35

the words “England or (as the case may

require)”, in subsection (5)(b) the words

“paragraph 2 of Schedule 1 to the Education

Act 2005 or (as the case requires)”, and

subsection (7)(a).

40

In section 39(4), the words from “section 11(2)”

to “Wales,” and “section 11(2) or, as the case

may be,”.

Section 41.

Audit Commission Act 1998
In Schedule 1, paragraph 8(2)(e).

45

(c. 18)

Data Protection Act 1998 (c. 29)
In section 31(6), “, 26ZA”.

Education and Inspections Bill
Schedule 18 — Repeals
Part 5 — Inspections
243

Short title and Chapter
Extent of repeal

School Standards and
In section 139(2)(b), the words “Her Majesty’s

Framework Act 1998 (c. 31)
Chief Inspector of Schools in England, or”.

In Schedule 26, paragraph 13A(4).

Care Standards Act 2000 (c. 14)
Section 45(4).

5

Learning and Skills Act 2000 (c.
Sections 52 to 72.

21)

Section 90.

Section 92(4)(b) and (c).

Section 118(1)(a) and (b).

10

In section 150(4)(a), “90,”.

Section 151(2).

Schedule 6.

In Schedule 10, Part 3.

Freedom of Information Act
In Schedule 1, in Part 6, the entry relating to the

15

2000 (c. 36)
Adult Learning Inspectorate.

Education Act 2002 (c. 32)
Section 162A(4).

Section 162B(8).

Section 178(3).

Health and Social Care
Section 76(2)(f) and (g).

20

(Community Health and
Section 77(3).

Standards) Act 2003 (c. 43)
Section 79(7).

Section 80(5).

Section 110.

Section 112.

25

Section 116(1).

In Schedule 7, paragraph 5(2).

In Schedule 9, paragraphs 10, 18(2), 26 and 32.

Public Audit (Wales) Act 2004
In Schedule 2, paragraph 18.

(c. 23)

30

Children Act 2004 (c. 31)
Section 20(4)(b) and (c).

Section 24.

Section 38.

Education Act 2005 (c. 18)
Sections 1 to 4.

In section 9, “2(2)(b) or”.

35

Section 11(2) to (4).

Schedule 1.

In Schedule 7, paragraphs 1 and 4(5).

In Schedule 9, paragraph 5.

Childcare Act 2006 (c.)
Section 14.

40

Section 31.

Section 50(4).

In section 77, in each of subsections (1) and (2)

the words “A person authorised for the

purposes of this subsection by”, and

45

subsection (7).

Sections 80 and 81.

Police and Justice Act 2006 (c.)
Section 29(6)(b).

In Schedule 9, paragraph 10(2)(b).

Education and Inspections Bill
Schedule 18 — Repeals
Part 6 — Other repeals
244

Part 6
Other repeals

Short title and chapter
Extent of repeal

Education Act 1996 (c. 56)
In section 437(8), the definition of “suitable

education”.

5

In section 509(1B)—


the words “the Learning and Skills

Council for England or”, and


in paragraph (b), the words “13 or”.

Sections 550A and 550B.

10

Education Act 1997 (c. 44)
Sections 4 and 5.

School Standards and
Section 5.

Framework Act 1998 (c. 31)
In section 17(6), the words from “but” onwards.

Section 47A(6).

In section 48(4), the words from “the approval”

15

to “and for”.

Section 61.

In section 77(4), the words “by a local

authority”.

In section 84(5), the words “of practice”, in each

20

place where they occur.

In section 85(1), the words “of practice”.

In section 85A—

  in subsection (1), the word “and” at the end of

paragraph (a), and

25

  in subsection (3), the word “and” at the end of

paragraph (b).

In section 89(1A) the words “(within the

meaning of section 22 of the Children Act

1989)”.

30

Section 90(6), (7) and (10).

Section 99(1).

In Schedule 3, in paragraph 3 as it applies in

relation to England, sub-paragraph (3).

In Schedule 14, paragraph 1(1) to (6).

35

In Schedule 15, paragraphs 1(4) and (6), 2(5) and

3.

Anti-social Behaviour Act 2003
Section 21(4).

(c. 38)