House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28th February 2008
438

Education and Skills Bill, continued

      (3)
After that paragraph insert—

“(aa)
in the case of a school that is an independent educational

institution in England, to the Chief Inspector for England;”.’.

Jim Knight

216

Schedule  1,  page  85,  line  8,  leave out paragraph 2 and insert—

‘   (1)
Section 28D (accessibility strategies and plans) is amended as follows.

      (2)
In subsection (7) for paragraph (c) substitute—

“(c)
schools approved under section 342 of the Education Act

1996 (non-maintained special schools).”

      (3)
In subsection (13) after “Education Act 2005” insert “or Chapter 1 of Part 4 of

the Education and Skills Act 2008 (regulation and inspection of independent

educational provision in England)”.

    (1)
In section 28E (accessibility strategies and plans: procedure) is amended as

follows.

      (2)
In subsection (5)—

(a)
omit paragraph (b) and the word “or” preceding it;

(b)
omit “or plan”.

      (3)
After subsection (5) insert—

“(5A)
If Her Majesty’s Chief Inspector of Education, Children’s Services

and Skills asks for a copy of the accessibility plan prepared by the

proprietor of an independent school (other than an Academy) in

England, the plan must be given to him.”’.

Jim Knight

237

Schedule  1,  page  85,  line  25,  at end insert—

‘
After section 537A insert—

“537AA
  Application of sections 537 and 537A to certain part-time

educational institutions in England

(1)
Sections 537 and 537A (powers of the Secretary of State to require

information from governing bodies etc) apply in relation to a relevant

part-time educational institution as they apply in relation to an

independent school.

(2)
In the application of sections 537 and 537A by virtue of this section—

(a)
references to a pupil at an independent school are to be read as

references to a student at a relevant part-time educational

institution;

(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;

Public Bill Committee: 28th February 2008
439

Education and Skills Bill, continued

(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)—

(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”.

Public Bill Committee: 28th February 2008
440

Education and Skills Bill, continued


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

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

Public Bill Committee: 28th February 2008
441

Education and Skills Bill, continued

(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”;

(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

Public Bill Committee: 28th February 2008
442

Education and Skills Bill, continued

(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;”.’.

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

Public Bill Committee: 28th February 2008
443

Education and Skills Bill, continued

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—

“(9)
A county council in England or a person providing services to, or

authorised to exercise any function of, such a council may be specified

as the designated authority only in relation to interviews with persons

to whom the council is required to make support services available

under section 54(1) of the Education and Skills Act 2008 (support

services: provision by local education authorities).”

    (1)
Section 2AA (full entitlement to certain benefits conditional on work-focused

interview for partner) is amended as follows.

Public Bill Committee: 28th February 2008
444

Education and Skills Bill, continued

      (2)
In subsection (7), in the definition of “designated authority”—

(a)
after paragraph (c) insert—

“(ca)
subject to subsection (8), a county council in

England,”;

(b)
in paragraph (d), before “a person” insert “subject to subsection (8),”;

(c)
in that paragraph, for “a local authority” substitute “any authority

mentioned in paragraph (c) or (ca)”.

      (3)
After that subsection insert—

“(8)
A county council in England or a person providing services to, or

authorised to exercise any function of, such a council may be specified

as the designated authority only in relation to interviews with persons

to whom the council is required to make support services available

under section 54(1) of the Education and Skills Act 2008 (support

services: provision by local education authorities).”

    (1)
Section 2C (optional work-focused interviews) is amended as follows.

      (2)
In subsection (1), after “local authorities” insert “or, subject to subsection

(3A), county councils in England”.

      (3)
In subsection (3), after “a local authority” insert “or on a county council in

England”.

      (4)
After subsection (3) insert—

“(3A)
Regulations under this section may confer functions on a county

council in England only in relation to interviews with persons to whom

the council is required to make support services available under

section 54(1) of the Education and Skills Act 2008 (support services:

provision by local education authorities).” ’.

Jim Knight

226

Schedule  1,  page  88,  line  5,  at end insert—

‘School Standards and Framework Act 1998 (c. 31)

26A
The School Standards and Framework Act 1998 (c. 31) is amended as follows.

26B(1)
Section 86 (parental preferences) is amended as follows.

      (2)
After subsection (1) insert—

“(1ZA)
Subsection (1) does not apply in relation to—

(a)
sixth form education, or

(b)
any other education to be provided for a child who—

(i)
has ceased to be of compulsory school age, or

(ii)
will have ceased to be of compulsory school age

before the education is provided for him.”

      (3)
In subsection (2), for “subsections (3) and (3A)” substitute “subsection (3)”.

      (4)
Omit subsections (3A) and (3B).

      (5)
In subsection (8), for “subsections (3) and (3A)” substitute “subsection (3)”.

      (6)
In subsection (9), omit “or arrangements such as are mentioned in subsection

(3B)”.

26C
In section 87 (no requirement to admit children permanently excluded from

two or more schools), in subsection (1), for “duty imposed by section 86(2)

does” substitute “duties imposed by section 86(2) and section 86B(1) do”.