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
Part 4 — Schools causing concern: England
44

57
Power of LEA to provide for governing body to consist of interim executive
members
(1)
If at any time a maintained school is eligible for intervention, the local
education authority may, with the consent of the Secretary of State, give the
governing body a notice in writing stating that, as from a date specified in the
5
notice, the governing body are to be constituted in accordance with Schedule 6
(governing bodies consisting of interim executive members).
(2)
Before exercising the power conferred by subsection (1), the local education
authority must consult—
(a)
the governing body of the school,
10
(b)
in the case of a foundation or voluntary school which is a Church of
England school or a Roman Catholic Church school, the appropriate
diocesan authority, and
(c)
in the case of any other foundation or voluntary school, the person or
persons by whom the foundation governors are appointed.
15
58
Power of LEA to suspend right to delegated budget
(1)
If at any time—
(a)
a maintained school is eligible for intervention, and
(b)
the school has a delegated budget within the meaning of Part 2 of SSFA
1998,
20

then (subject to subsection (2)) the local education authority may, by giving the
governing body of the school notice in writing of the suspension, suspend the
governing body’s right to a delegated budget with effect from the receipt of the
notice by the governing body.
(2)
Where the school is eligible for intervention by virtue of section 52 (school
25
subject to formal warning), the power conferred by subsection (1) is only
exercisable within the period of two months following the end of the
compliance period (as defined by section 52(10)).
(3)
A copy of a notice given under subsection (1) must be given to the head teacher
of the school at the same time as the notice is given to the governing body.
30
(4)
A suspension imposed under this section shall have effect for the purposes of
Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15
to that Act.
Intervention by Secretary of State
59
Power of Secretary of State to appoint additional governors
35
(1)
If at any time a maintained school is eligible for intervention by virtue of—
(a)
section 53 (school requiring significant improvement), or
(b)
section 54 (school requiring special measures),

the Secretary of State may appoint such number of additional governors as he
thinks fit; and he may nominate one of those governors to be the chairman of
40
the governing body in place of any person who has been elected as chairman
of that body.
(2)
Before making any such appointment in relation to a voluntary aided school,
the Secretary of State must consult—

Education and Inspections Bill
Part 4 — Schools causing concern: England
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(a)
in the case of a Church of England school or a Roman Catholic Church
school, the appropriate diocesan authority, or
(b)
in any other case, the person who appoints the foundation governors.
(3)
A governor appointed under this section—
(a)
shall hold office as governor for such term, and
5
(b)
if nominated as chairman of the governing body, shall be chairman of
that body for such period,

as the Secretary of State may determine.
(4)
The Secretary of State may pay to any governor appointed under this section
such remuneration and allowances as the Secretary of State may determine.
10
(5)
In relation to any appointment made by the Secretary of State by virtue of
subsection (1) to the governing body of a school, the instrument of government
for the school shall have effect as if (despite anything in regulations under
section 19 of EA 2002) it provided for the Secretary of State to appoint such
number of additional governors as he thinks fit.
15
(6)
Where the Secretary of State has exercised his power under this section in
relation to a school, then—
(a)
in any such case—
(i)
the local education authority may not exercise their power
under section 58(1) or paragraph 1 of Schedule 15 to SSFA 1998
20
to suspend the governing body’s right to a delegated budget,
and
(ii)
if they have already exercised either of those powers, the
Secretary of State must, if requested to do so by the governing
body, revoke the suspension; and
25
(b)
in the case of a voluntary aided school, nothing in regulations under
section 19 of EA 2002 is to be read as authorising the appointment of
foundation governors for the purpose of outnumbering the other
governors as augmented by those appointed by the Secretary of State
under this section.
30
(7)
The revocation of a suspension under subsection (6)(a)—
(a)
must be notified to the local education authority in writing, and
(b)
takes effect from such date as is specified in that notification.
60
Power of Secretary of State to direct closure of school
(1)
If at any time a maintained school is eligible for intervention by virtue of
35
section 54 (school requiring special measures), the Secretary of State may give
a direction to the local education authority requiring the school to be
discontinued on a date specified in the direction.
(2)
Before giving a direction under subsection (1), the Secretary of State must
consult—
40
(a)
the local education authority and the governing body of the school,
(b)
in the case of a foundation or voluntary school which is a Church of
England school or a Roman Catholic Church school, the appropriate
diocesan authority,
(c)
in the case of any other foundation or voluntary school, the person who
45
appoints the foundation governors,

Education and Inspections Bill
Part 4 — Schools causing concern: England
46

(d)
in the case of a school which provides education suitable to the
requirements of persons over compulsory school age, the Learning and
Skills Council for England, and
(e)
such other persons as the Secretary of State considers appropriate.
(3)
On giving a direction under subsection (1) the Secretary of State must give
5
notice in writing of the direction to the governing body of the school and its
head teacher.
(4)
Where the local education authority are given a direction under subsection (1),
they must discontinue the school in question on the date specified in the
direction; and nothing in sections 14 to 16 of this Act or in section 30 of SSFA
10
1998 applies to their discontinuance of the school under this section.
(5)
In this section any reference to the discontinuance of a maintained school is a
reference to the local education authority ceasing to maintain it.
61
Power of Secretary of State to provide for governing body to consist of interim
executive members
15
(1)
If at any time a maintained school is eligible for intervention by virtue of—
(a)
section 53 (school requiring significant improvement), or
(b)
section 54 (school requiring special measures),

the Secretary of State may give the governing body a notice in writing stating
that, as from the date specified in the notice, the governing body are to be
20
constituted in accordance with Schedule 6 (governing bodies consisting of
interim executive members).
(2)
Before exercising the power conferred by subsection (1), the Secretary of State
must consult—
(a)
the local education authority,
25
(b)
the governing body of the school,
(c)
in the case of a foundation or voluntary school which is a Church of
England school or a Roman Catholic Church school, the appropriate
diocesan authority, and
(d)
in the case of any other foundation or voluntary school, the person or
30
persons by whom the foundation governors are appointed.
(3)
The Secretary of State need not consult the persons mentioned in subsection
(2)(b), (c) and (d) if the local education authority have consulted them under
subsection (2) of section 57 in relation to a proposed notice under subsection (1)
of that section.
35
Governing bodies consisting of interim executive members: further provisions
62
Governing bodies consisting of interim executive members
Schedule 6 has effect in relation to any school in respect of which a notice has
been given—
(a)
under section 57(1) by the local education authority, or
40
(b)
under section 61(1), by the Secretary of State.

Education and Inspections Bill
Part 5 — Curriculum and entitlements
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Amendments relating to schools causing concern
63
Amendments relating to schools causing concern
Schedule 7 contains amendments related to the provisions of this Part.
Supplementary
64
Duty of LEA to have regard to guidance
5
A local education authority must, in exercising their functions under this Part,
have regard to any guidance given from time to time by the Secretary of State.
65
Interpretation of Part
In this Part—
“appropriate diocesan authority” has the same meaning as in SSFA 1998;
10
“Chief Inspector” means Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;
“Church of England school” and “Roman Catholic Church school” have
the same meaning as in SSFA 1998;
“eligible for intervention”, in relation to a maintained school, has the
15
meaning given by section 51(2);
“maintained school” has the meaning given by section 51(1).
Part 5
Curriculum and entitlements
66
Curriculum requirements for the fourth key stage
20
(1)
For section 85 of EA 2002 (curriculum requirements for fourth key stage)
substitute—
“85
Curriculum requirements for the fourth key stage
(1)
For the fourth key stage, the National Curriculum for England shall
comprise—
25
(a)
the core and other foundation subjects,
(b)
work-related learning, and
(c)
in relation to any pupil, such other courses of study as are
necessary to satisfy the entitlements conferred on him by
subsection (5) and section 85A.
30
(2)
The National Curriculum for England shall specify programmes of
study in relation to each of the core and other foundation subjects for
the fourth key stage.
(3)
The following are the core subjects for the fourth key stage—
(a)
mathematics,
35
(b)
English, and
(c)
science.

Education and Inspections Bill
Part 5 — Curriculum and entitlements
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(4)
The following are the other foundation subjects for the fourth key
stage—
(a)
information and communication technology,
(b)
physical education, and
(c)
citizenship.
5
(5)
A pupil in the fourth key stage is entitled, if he so elects, to follow a
course of study in science which leads to such qualification or set of
qualifications as the governing body may choose from among those—
(a)
approved under section 98 of the Learning and Skills Act 2000
for the purposes of section 96 of that Act, and
10
(b)
specified by the Secretary of State by order for the purposes of
this subsection.
(6)
In the exercise of their functions under this Part so far as those functions
relate by virtue of this section to work-related learning a local
education authority, governing body or head teacher shall have regard
15
to any guidance issued from time to time by the Qualifications and
Curriculum Authority.
(7)
In this section “work-related learning” means planned activity
designed to use the context of work to develop knowledge, skills and
understanding useful in work, including learning through the
20
experience of work, learning about work and working practices and
learning the skills for work.
85A
Entitlement areas for the fourth key stage
(1)
A pupil in the fourth key stage is also entitled to do either of the
following (as he may elect)—
25
(a)
to follow a course of study in a subject within each of such one
or more of the four entitlement areas specified in subsection (2)
as he may choose, or
(b)
to follow a course of study within an entitlement area specified
by the Secretary of State by order for the purposes of this
30
paragraph.
(2)
The entitlement areas referred to in subsection (1)(a) are—
(a)
arts, comprising—
(i)
art and design,
(ii)
music,
35
(iii)
dance,
(iv)
drama, and
(v)
media arts,
(b)
design and technology (comprising only that subject),
(c)
humanities, comprising—
40
(i)
geography, and
(ii)
history, and
(d)
modern foreign languages, comprising any modern foreign
language specified in an order made by the Secretary of State or,
if the order so specifies, any modern foreign language.
45
(3)
An order under subsection (2)(d) may—

Education and Inspections Bill
Part 5 — Curriculum and entitlements
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(a)
specify circumstances in which a language is not to be treated as
falling within subsection (2)(d), and
(b)
provide for the determination under the order of any question
arising as to whether a particular language is a modern foreign
language.
5
(4)
The entitlement conferred on a pupil by this section is to be taken to be
satisfied—
(a)
where he elects as mentioned in paragraph (a) of subsection (1),
if a course of study in a subject within each of the entitlement
areas specified in subsection (2) is made available to him by or
10
on behalf of the school at which he is a registered pupil, or
(b)
where he elects as mentioned in paragraph (b) of subsection (1),
if a course of study within one of the entitlement areas specified
by order under that paragraph is made available to him by or on
behalf of the school at which he is a registered pupil.
15
(5)
In the exercise of their functions by virtue of this Part in relation to
courses of study falling within subsection (1)(a) or (b), a local education
authority, governing body or head teacher shall have regard to any
guidance issued from time to time by the Secretary of State or the
Qualifications and Curriculum Authority.
20
(6)
In this section “course of study” means—
(a)
in relation to a subject within an entitlement area specified in
subsection (2), a course of education or training which leads to
such qualification as the governing body may choose from
among those approved under section 98 of the Learning and
25
Skills Act 2000 for the purposes of section 96 of that Act;
(b)
in relation to an entitlement area specified by order under
subsection (1)(b), a course of education or training which leads
to such qualification as the governing body may choose from
among those specified by the Secretary of State by order for the
30
purposes of this paragraph.”
(2)
In section 86 of EA 2002 (power to alter or remove requirements for fourth key
stage)—
(a)
in paragraph (a), for “section 85,” substitute “sections 85 and 85A,”,
(b)
in paragraph (b), for “that section is” substitute “those sections are”,
35
and
(c)
renumber the section as so amended as subsection (1) of the section and
at the end insert—
“(2)
An order under this section may make such amendments of this
Act as appear to the Secretary of State to be necessary or
40
expedient in connection with the provision made by virtue of
subsection (1).”
(3)
Renumber section 88 of EA 2002 (implementation of the National Curriculum
for England in schools) as subsection (1) of that section and at the end insert—
“(2)
In relation to any maintained school and any school year, the local
45
education authority, the governing body and the head teacher shall, in
addition to their duties by virtue of subsection (1), exercise their
functions with a view to securing that courses of study within all of the
entitlement areas specified by the Secretary of State by order for the

Education and Inspections Bill
Part 5 — Curriculum and entitlements
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purposes of section 85A(1)(b) (“the specified entitlement areas”) are
made available by or on behalf of the school, unless the local education
authority determine that the making available of a course of study
within a particular specified entitlement area would involve
disproportionate expenditure.
5
(3)
Nothing in subsection (2) entitles a pupil who elects as mentioned in
section 85A(1)(b) to follow a course of study within a particular
specified entitlement area or to follow more than one course of study
within different specified entitlement areas (provision as to the
entitlement of individual pupils being made by section 85A(4)(b)).
10
(4)
For the purposes of discharging their functions by virtue of this Part in
relation to courses of study within the specified entitlement areas, the
governing body of a maintained school shall, in particular, consider
whether it would be appropriate to make any collaboration
arrangements.
15
(5)
In subsection (4) “collaboration arrangements” means—
(a)
arrangements made, in pursuance of regulations under section
26(a), with the governing body of one or more other maintained
schools, and
(b)
arrangements made, in pursuance of regulations under section
20
155(1)(a) of the Education and Inspections Act 2006, with one or
more further education bodies (within the meaning of that
section).
(6)
For the purposes of discharging their functions by virtue of this Part in
relation to courses of study within the specified entitlement areas, a
25
local education authority may make arrangements with an institution
within the further education sector under which a course of study
within a specified entitlement area is made available to pupils of a
school at the institution within the further education sector.
(7)
The Learning and Skills Council for England must co-operate with a
30
local education authority who propose to make arrangements in
pursuance of subsection (6).”
(4)
Until the commencement of subsection (1), section 85 of EA 2002 has effect with
the following modifications—
(a)
in subsection (1) after “other foundation subjects” insert “, the
35
entitlement conferred by subsection (3A)”, and
(b)
after subsection (3) insert—
“(3A)
A pupil in the fourth key stage is entitled, if he so elects, to
follow a course of study in science which leads to such
qualification or set of qualifications as the governing body may
40
choose from among those—
(a)
approved under section 98 of the Learning and Skills
Act 2000 for the purposes of section 96 of that Act, and
(b)
specified by the Secretary of State by order for the
purposes of this subsection.”
45
(5)
Any order made (by virtue of subsection (4) of this section) under section
85(3A) of EA 2002 before the commencement of subsection (1) of this section is
to have effect from that commencement as if made under subsection (5) of
section 85 (as substituted by subsection (1)).