Education and Skills Bill

House of Commons

Session 2007 - 08
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Education and Skills Bill

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection
85

Schedules
Schedule 1
Section 146

Minor and consequential amendments
Part 1
Regulation and inspection
5
Disability Discrimination Act 1995 (c. 50)
1
The Disability Discrimination Act 1995 is amended as follows.
2
For section 28D(7)(c) substitute—
“(c)
schools approved under section 342 of the Education Act
1996 (non-maintained special schools).”;
10
3
For section 28M(2)(a) substitute—
“(a)
schools approved under section 342 of the Education Act
1996 (non-maintained special schools); and”;
4
For section 28Q(4)(d) substitute—
“(d)
a school approved under section 342 of the Education Act
15
1996 (non-maintained special schools);”.
Education Act 1996 (c. 56)
5
The Education Act 1996 is amended as follows.
6
For section 6(2) (reference to definition of special school) substitute—
“(2)
A school is a special school if—
20
(a)
it is specially organised, and
(b)
in the case of a school that is not maintained by a local
education authority, it is approved,

as mentioned in section 337.”
7
In section 313(5) (codes of practice) for “Part” substitute “Chapter”.
25
8
In the table in section 580 (index), in the entry for “the Tribunal” for “(in Part
IV)” substitute “(in Chapter 1 of Part 4).
9
In that table insert the following entries at the appropriate places—

“the Chief Inspector (in Chapter 2 of Part 4)
section 337A”

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection
86

“a non-maintained special school (in
section 337A”

Chapter 2 of Part 4)

“the relevant authority (in Chapter 2 of Part 4)
section 337A”

Protection of Children Act 1999 (c. 14)
10
In section 9 of the Protection of Children Act 1999 (the Tribunal) in
5
subsection (2) (proceedings of Tribunal for which regulations may be made
under that section) after paragraph (c) insert—
“(cb)
an appeal by virtue of section 342B or 342C of the Education
Act 1996.”
Education Act 2002 (c. 32)
10
11
The Education Act 2002 is amended as follows.
12
In the definition of “qualifying body” in section 1(3) (interpretation) for
paragraph (g) substitute—
“(g)
the proprietor of a school approved under section 342 of the
Education Act 1996 (non-maintained special schools).”
15
13
Before section 157 insert—
“156A
Application of Chapter to schools in Wales only
(1)
References in this Chapter to an independent school are to an
independent school in Wales.
(2)
For provision regulating independent schools in England, see
20
Chapter 1 of Part 4 of the Education and Skills Act 2008.”
14
In section 158 (the registers), omit subsections (1)(a) and (2).
Education Act 2005 (c. 18)
15
The Education Act 2005 is amended as follows.
16
For section 5(2)(g) (duty to inspect certain schools) substitute—
25
“(g)
schools approved under section 342 of the Education Act
1996 (non-maintained special schools).”
17
For section 28(2)(d) (duty to arrange inspections of certain schools)
substitute—
“(d)
schools approved under section 342 of the Education Act
30
1996 (non-maintained special schools).”
Childcare Act 2006 (c. 21)
18
In the following provisions of the Childcare Act 2006 for “approved by the
Secretary of State” substitute “approved”—
(a)
section 13(1)(c)(ii);
35
(b)
section 34(2)(a)(ii);

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 2 — Miscellaneous
87

(c)
section 53(2)(a)(ii);
(d)
section 63(3)(a)(ii).
Education and Inspections Act 2006 (c. 40)
19
The Education and Inspections Act 2006 is amended as follows.
20
In section 11(9) for “approved by the Secretary of State” substitute
5
“approved”.
21
In the following provisions for “approved by the Secretary of State or the
Assembly” substitute “approved”—
(a)
paragraph (e) of the definition of “relevant school” in section 88(5);
(b)
the definition of “governing body” in that provision.
10
Part 2
Miscellaneous
Children Act 1989 (c. 41)
22
In section 36(5)(b) of the Children Act 1989 (education supervision orders)—
(a)
in sub-paragraph (ii), after “subsection (1)” insert “or (1A)”; and
15
(b)
in sub-paragraph (iii), after “subsection” insert “(1B) or”.
Education Act 1996 (c. 56)
23
The Education Act 1996 has effect subject to the following amendments.
24
In section 444A(1)(b) (penalty notice in respect of failure to secure regular
attendance at school of registered pupil), for sub-paragraph (iii) and the “or”
20
before that sub-paragraph substitute—
“(iii)
in a case falling within subsection (1A) of that section,
to a place at which education is provided for a child
in the circumstances mentioned in that subsection, or
(iv)
in a case falling within subsection (1B) of that section,
25
to a place at which a child is required to attend in the
circumstances mentioned in that subsection,”.
25
In section 566(3) (evidence: documents)—
(a)
in paragraph (a), after “subsection (1)” insert “or (1A)”;and
(b)
in paragraph (b), after “subsection” insert “(1B) or”.
30
26    (1)
Paragraph 8 of Schedule 35B (meaning of “eligible child” for purposes of
section 508B) is amended as follows.
      (2)
In sub-paragraph (1), for paragraph (c) substitute—
“(c)
the appropriate authority for the school has made
arrangements for the provision of full-time education for
35
him otherwise than at the school or at his home during the
period of exclusion,”.
      (3)
In that sub-paragraph, for “the child is required to attend” substitute “the
education is provided”.

Education and Skills Bill
Schedule 2 — Repeals and revocations
88

      (4)
In sub-paragraph (2), for paragraph (b) substitute—
“(b)
in relation to a maintained school or a pupil referral unit,
references in that sub-paragraph to exclusion are
references to exclusion under section 52 of the Education
Act 2002.”
5
Learning and Skills Act 2000 (c. 21)
27
The Learning and Skills Act 2000 is amended as follows.
28
In the following provisions after “section” insert “139A or”—
(a)
section 6(3)(f);
(b)
section 13(1)(b);
10
(c)
section 35(3)(f);
(d)
section 41(1)(b).
29
In section 140 (the title of which becomes “Assessments relating to learning
difficulties: Wales”)—
(a)
in subsection (1)(a) after “local education authority” insert “in
15
Wales”;
(b)
in subsection (1)(b) for “Secretary of State believes” substitute
“Welsh Ministers believe” and for “Part 1” substitute “Part 2”;
(c)
in subsections (2) and (3) for “The Secretary of State” substitute “The
Welsh Ministers”;
20
(d)
in subsection (3)(b) for “to the Secretary of State” substitute “to the
Welsh Ministers” and for “section 13” substitute “section 41”;
(e)
in subsection (3)(c) for “Secretary of State’s opinion” substitute
“opinion of the Welsh Ministers” and for “Part 1” substitute “Part 2”;
(f)
in subsection (5) after “local education authority” insert “in Wales”
25
and for “Secretary of State on his request” substitute “Welsh
Ministers on their request”;
(g)
omit subsection (6).
Anti-social Behaviour Act 2003 (c. 38)
30
In section 19(2) of the Anti-social Behaviour Act 2003 (parenting contracts in
30
case of misbehaviour at school or truancy)—
(a)
in paragraph (b), after “subsection (1)” insert “or (1A)”; and
(b)
in paragraph (c), after “subsection” insert “(1B) or”.
Schedule 2
Section 146

Repeals and revocations
35

Title
Extent of repeal or revocation

Education Act 1996 (c. 56)
In section 342(1), the word “his”.

In section 349(1), the words “or 347”.

School Standards and
In Schedule 30, paragraph 60.

Framework Act 1998 (c. 31)

40

Education and Skills Bill
Schedule 2 — Repeals and revocations
89

Title
Extent of repeal or revocation

School Standards and
In section 47A(5), the words “the constitution”.

Framework Act 1998 (c. 31)

Learning and Skills Act 2000
Section 98(4).

(c. 21)
Section 99(4).

5

Sections 114 to 121.

Section 140(6).

Education Act 2002 (c. 32)
In section 158—

(a)
subsection (1)(a) and the word “and” at

the end, and

10

(b)
subsection (2).

In Schedule 17, paragraph 8.

Qualifications, Curriculum and
In Schedule 1, paragraphs 19 and 20.

Assessment Authority for

Wales (Transfer of Functions

15

to the National Assembly for

Wales and Abolition) Order

2005 (S.I. 2005/3239)

Education and Skills Bill

A
Bill
To Make provision about education and training; and for connected purposes.

Presented by Secretary Ed Balls

supported by

The Prime Minister,

Mr Chancellor of the Exchequer,

Secretary Des Browne, Mr Secretary Hutton,

Mr Secretary Hain, Mr Secretary Woodward,

Secretary John Denham,

Jim Knight, Caroline Flint,

Malcolm Wicks and

Mr David Lammy.

Ordered, by The House of Commons,

to be Printed, 28th November 2007.

© Parliamentary copyright House of Commons 2007

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