House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26th February 2008
407

Education and Skills Bill, continued

(b)
references to the proprietor of an independent school are to be

read as references to the person or body of persons responsible

for the management of a relevant part-time educational

institution.

(3)
In this section—

(a)
“relevant part-time educational institution” means an

independent educational institution in England that is not an

independent school;

(b)
“independent educational institution” has the same meaning

as in Chapter 1 of Part 4 of the Education and Skills Act 2008

(see section 76 of that Act);

(c)
“student” has the same meaning as in that Chapter (see section

123 of that Act).”’.

Jim Knight

217

Schedule  1,  page  86,  line  3,  at end insert—

‘Police Act 1997 (c. 50)


In section 113BA of the Police Act 1997 (suitability information relating to

children), in subsection (2)(e)—

(a)
after “under” insert “section 113 of the Education and Skills Act 2008

(prohibition on participation in management of independent

educational institution in England) or”;

(b)
after “school” insert “in Wales”.’.

Jim Knight

218

Schedule  1,  page  86,  line  5,  leave out paragraph 10 and insert—

‘   (1)
Section 9(2) of the Protection of Children Act 1999 (the Tribunal) is amended

as follows.

      (2)
After paragraph (c) insert—

“(cb)
on an appeal by virtue of section 342B or 342C of the

Education Act 1996;”.

      (3)
After paragraph (g) insert—

“(h)
on an appeal under Chapter 1 of Part 4 of the Education and

Skills Act 2008;”.’.

Jim Knight

219

Schedule  1,  page  86,  line  21,  at end insert—

‘
In section 157 (independent school standards) omit subsections (1A) and

(2)(b).’.

Jim Knight

220

Schedule  1,  page  86,  line  22,  at end insert ‘, and

(b)
in subsection (3), for “the National Assembly for Wales” substitute

“the Welsh Ministers”.


Omit sections 162A and 162B (inspection of registered schools in England).


In section 163 (power to inspect registered schools in Wales)—

Public Bill Committee: 26th February 2008
408

Education and Skills Bill, continued

(a)
in the title, omit “in Wales”,

(b)
in subsection (1)(a), omit “for Wales” and “in Wales”, and

(c)
in subsection (5), omit the definition of “the Chief Inspector for

Wales”.


In section 164 (inspections under section 163: supplementary) omit “for

Wales” in subsections (1), (2)(a) (in both places), (3), (4), (9), (11) and (12).


In section 165(1)(a) (failure to meet standards) omit “162A or”.


In section 167A (prohibition on participation in management of independent

schools)—

(a)
omit subsection (6)(a), and

(b)
in subsection (6)(b) omit “in relation to Wales,”.


For sections 167C and 167D (information and notification in relation to

directions under section 167A) substitute—

“167C
Directions under section 167A: information

(1)
Where the appropriate authority is a public authority other than the

Chief Inspector, the Chief Inspector may provide to that authority any

information relating to a person which is held by the Chief Inspector

in connection with the Chief Inspector’s functions under this Chapter.

(2)
HMCI may provide to the appropriate authority any information

relating to a person which is held by HMCI in connection with

HMCI’s functions under Chapter 1 of Part 4 of the Education and

Skills Act 2008.

(3)
The Secretary of State may provide to the appropriate authority any

information relating to a person which is held by the Secretary of State

and which appears to the Secretary of State to be relevant to the

exercise of the appropriate authority’s functions under section 167A or

by virtue of section 167B.

(4)
The Independent Barring Board may provide to the appropriate

authority any information relating to a person which is held by the

Board in connection with its functions and which appears to it to be

relevant to the exercise of the appropriate authority’s functions under

section 167A or by virtue of section 167B.

(5)
The appropriate authority may provide to the Independent Barring

Board, the General Teaching Council for England, the General

Teaching Council for Wales, the Secretary of State, HMCI or, where

the appropriate authority is a public authority other than the Welsh

Ministers, the Welsh Ministers, any information relating to a person

which is held by the appropriate authority in connection with its

functions under section 167A.

(6)
In this section “HMCI” means Her Majesty’s Chief Inspector of

Education, Children’s Services and Skills.

167D
Directions under section 167A: notification

(1)
Where the appropriate authority gives a direction under section

167A(1), or varies or revokes any such direction, it must notify—

(a)
the registration authority (unless the appropriate authority is

the registration authority), and

(b)
HMCI and (if different) the appropriate authority for the

purposes of sections 113 to 116 of the Education and Skills

Public Bill Committee: 26th February 2008
409

Education and Skills Bill, continued

Act 2008 (prohibition on participation in management of

independent educational institutions in England).

(2)
In this section “HMCI” means Her Majesty’s Chief Inspector of

Education, Children’s Services and Skills.”

    (1)
Section 171 is amended as follows.

      (2)
In the definition of “Chief Inspector”—

(a)
omit paragraph (a), and

(b)
in paragraph (b) omit “in relation to a school in Wales,”.

      (3)
Omit the definition of “early years provision”.

      (4)
In the definition of “the register”—

(a)
omit paragraph (a), and

(b)
in paragraph (b) omit “in relation to a school in Wales,”.

      (5)
In the definition of “registration authority” for paragraphs (a) and (b) substitute

“the Welsh Ministers”.’.

Jim Knight

238


Schedule  1,  page  86,  line  31,  at end insert—

‘   (1)
Section 59 (combined reports) is amended as follows.

      (2)
In subsection (1)(d), after “independent schools” insert “in Wales”.

      (3)
After subsection (1)(e) (inserted by paragraph 44(d) of Schedule 2 to the

Childcare Act 2006 (c. 21)) insert “, and

(f)
Chapter 1 of Part 4 of the Education and Skills Act 2008

(regulation of independent educational provision in

England).”


In section 62(4)(a) (power of Welsh Ministers to change inspection framework

for Wales) for sub-paragraph (iv) substitute—

“(iv)
sections 90 to 98 of the Education and Skills Act 2008

(independent educational institutions in England),”.’.

Jim Knight

221

Schedule  1,  page  86,  line  33,  leave out paragraph 18 and insert—

‘
The Childcare Act 2006 is amended as follows.

    (1)
Section 13 (duty to provide information, advice and training to childcare

providers) is amended as follows.

      (2)
In subsection (1)(c)—

(a)
in the opening words, for “schools” substitute “institutions”;

(b)
in sub-paragraph (ii), for “approved by the Secretary of State”

substitute “approved”;

(c)
in sub-paragraph (iii), for “an independent school” substitute “an

independent educational institution”.

      (3)
In subsection (1)(d) for “school” substitute “institution”.

    (1)
Section 34(2) (requirement to register: other early years providers) is amended

as follows.

      (2)
In paragraph (a)—

(a)
in the opening words for “schools” substitute “institutions” and for

“school’s” substitute “institution’s”;

(b)
in sub-paragraph (ii) for “approved by the Secretary of State”

substitute “approved”;

Public Bill Committee: 26th February 2008
410

Education and Skills Bill, continued

(c)
in sub-paragraph (iii) for “an independent school” substitute “an

independent educational institution”.

      (3)
In paragraph (b) for “school” in both places substitute “institution”.

      (4)
For paragraph (c) substitute—

“(c)
where the provision is made at a school (including a school

that is an independent educational institution)—

(i)
the child is a registered pupil at the school, or

(ii)
if the provision is made for more than one child, at

least one of the children is a registered pupil at the

school.”


In section 49 (inspections) in subsection (4) for “independent school”

substitute “independent educational institution”.

    (1)
Section 53(2) (requirement to register: other later years providers for children

under eight) is amended as follows.

      (2)
In paragraph (a)—

(a)
in the opening words for “schools” substitute “institutions” and for

“school’s” substitute “institution’s”;

(b)
in sub-paragraph (ii) for “approved by the Secretary of State”

substitute “approved”;

(c)
in sub-paragraph (iii) for “an independent school” substitute “an

independent educational institution”.

      (3)
In paragraph (b) for “school” in both places substitute “institution”.

      (4)
For paragraph (c) substitute—

“(c)
where the provision is made at a school (including a school

that is an independent educational institution)—

(i)
the child is a registered pupil at the school, or

(ii)
if the provision is made for more than one child, at

least one of the children is a registered pupil at the

school.”

    (1)
Section 63(3) (applications for registration on the general register: other

childcare providers) is amended as follows.

      (2)
In paragraph (a)—

(a)
in the opening words for “schools” substitute “institutions” and for

“school’s” substitute “institution’s”;

(b)
in sub-paragraph (ii) for “approved by the Secretary of State”

substitute “approved”;

(c)
in sub-paragraph (iii) for “an independent school” substitute “an

independent educational institution”.

      (3)
In paragraph (b) for “school” in both places substitute “institution”.

      (4)
For paragraph (c) substitute—

“(c)
where the provision is made at a school (including a school

that is an independent educational institution)—

(i)
the child is a registered pupil at the school, or

(ii)
if the provision is made for more than one child, at

least one of the children is a registered pupil at the

school.”


In section 106 (general interpretation) for the definition of “independent

school” substitute—

““independent educational institution” has the same meaning as in

Chapter 1 of Part 4 of the Education and Skills Act 2008;”.’.

Public Bill Committee: 26th February 2008
411

Education and Skills Bill, continued

Jim Knight

222

Schedule  1,  page  87,  line  5,  leave out paragraph 20 and insert—

‘   (1)
Section 11 (publication of proposals to establish maintained schools: special

cases) is amended as follows.

      (2)
In subsection (3)(a) for “Chapter 1 of Part 10 of EA 2002 (regulation of

independent schools)” substitute “Chapter 1 of Part 4 of the Education and

Skills Act 2008 (regulation of independent educational institutions in

England)”.

      (3)
In subsection (9) for “approved by the Secretary of State” substitute

“approved”.’.

Jim Knight

223

Schedule  1,  page  87,  line  10,  at end insert—

‘   (1)
Section 171 (prohibition on participation in management: transitional

provision) is amended as follows.

      (2)
In subsection (5), in the definition of “regulations”, for paragraphs (a) and (b)

substitute “by the Welsh Ministers;”.’.

Jim Knight

224

Schedule  1,  page  87,  line  10,  at end insert—

‘Safeguarding Vulnerable Groups Act 2006 (c. 47)

    (1)
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

      (2)
In Schedule 4 (regulated activity), paragraph 1(10) is amended as follows.

      (3)
After paragraph (b) insert—

“(ba)
a body approved under section 90 of the Education and

Skills Act 2008 (bodies approved to inspect registered

independent educational institutions in England);”.

      (4)
In paragraph (c) after “school” insert “in Wales”.’.

Jim Knight

225

Schedule  1,  page  87,  line  16,  at end insert—

‘Social Security Administration Act 1992 (c. 5)


The Social Security Administration Act 1992 (c. 5) is amended as follows.

    (1)
Section 2A (claim or full entitlement to certain benefits conditional on work-

focused interviews) is amended as follows.

      (2)
In subsection (8), in the definition of “the designated authority”—

(a)
after paragraph (c) insert—

“(ca)
subject to subsection (9), a county council in

England,”;

(b)
in paragraph (d), before “a person” insert “subject to subsection (9),”;

(c)
in that paragraph for “any such authority” substitute “any authority

mentioned in paragraph (c) or (ca)”.

      (3)
After that subsection insert—