Education and Skills Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
68

Supplementary
120
Proceedings for offences
No proceedings for an offence under this Chapter may be instituted except by
or with the consent of the Chief Inspector or the Secretary of State.
121
Offences by bodies corporate
5
(1)
Where an offence under this Chapter committed by a body corporate is proved
to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of—
(a)
any director, manager, secretary or other similar officer of the body
corporate, or
10
(b)
any person who was purporting to act in any such capacity,

that person (as well as the body corporate) is guilty of the offence and liable to
be proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member in connection with
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the member’s functions of management as it applies to a director of a body
corporate.
122
Offences by unincorporated bodies
(1)
Proceedings for an offence alleged to have been committed under this Chapter
by an unincorporated body are to be brought in the name of that body (and not
20
in that of any of its members) and, for the purposes of any such proceedings,
any rules of court relating to the service of documents have effect as if that
body were a corporation.
(2)
A fine imposed on an unincorporated body on its conviction of an offence
under this Chapter is to be paid out of the funds of that body.
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(3)
If an unincorporated body is charged with an offence under this Chapter,
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the
Magistrates’ Courts Act 1980 (c. 43) (procedure on charge of an offence against
a corporation) apply as they do in relation to a body corporate.
(4)
Where an offence under this Chapter committed by an unincorporated body
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other than a partnership is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any officer of
the body or any member of its governing body, that person (as well as the
body) is guilty of the offence and liable to be proceeded against and punished
accordingly.
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(5)
Where an offence under this Chapter committed by a partnership is proved to
have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, a partner, the partner (as well as the partnership)
is guilty of the offence and liable to be proceeded against and punished
accordingly.
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123
Service of notice etc
For the purposes of this Chapter, any notice, order or other document required
to be given to or served on the proprietor of a registered independent

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
69

educational institution may be given to or served on the proprietor by
delivering it to the registered address of the institution.
124
Interpretation of Chapter
(1)
In this Chapter—
“an action plan” has the meaning given by section 100(4);
5
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;
“early years provision” has the meaning given by section 96(2) of the
Childcare Act 2006;
“independent educational institution standards” has the meaning given
10
by section 79;
“an independent inspectorate” has the meaning given by section 91;
“a material change”, in relation to an independent educational institution,
has the meaning given by section 86;
“proprietor”, in relation to an institution, means the person or body of
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persons responsible for the management of the institution;
“the register” means the register of independent educational institutions
in England (see section 80);
“registered” means entered in the register;
“relevant restriction” has the meaning given by section 103;
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“student” means—
(a)
in relation to an independent school, a pupil (for the meaning of
“pupil” see section 3 of the Education Act 1996 (c. 56));
(b)
in relation to an institution within section 77(1)(b), a person for
whom the institution provides part-time education within the
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meaning of that provision or full-time education;
“the Tribunal” has the meaning given by section 110(5).
(2)
In section 83 the reference to the proprietor of an independent educational
institution includes the proprietor of an institution that it is proposed should
become an independent educational institution (and accordingly the
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information required by subsection (3) of that section, in the case of such a
proprietor, is information about the institution as it is proposed to be).
Chapter 2
Schools providing for special educational needs
Non-maintained special schools in England
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125
Interpretation
For section 337 of the Education Act 1996 (special schools) and the italic
heading preceding it substitute—
“Interpretation
337
Special schools
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A school is a special school if—

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
70

(a)
it is specially organised to make special educational provision
for pupils with special educational needs, and
(b)
in the case of a school that is not maintained by a local education
authority, it is approved under section 342.
337A
Interpretation of Chapter
5
In this Chapter—
“the Chief Inspector” means Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills;
“a non-maintained special school” means a school that is
approved under section 342;
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“the relevant authority” means—
(a)
in relation to a school in England, the Chief Inspector;
(b)
in relation to a school in Wales, the Welsh Ministers.”
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Function of approving schools transferred to Chief Inspector
(1)
Section 342 of the Education Act 1996 (c. 56) (approval of non-maintained
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special schools) is amended as follows.
(2)
In subsection (1)—
(a)
for “Secretary of State” substitute “relevant authority”;
(b)
omit “his”.
(3)
In subsection (5)(a) for “Secretary of State” substitute “relevant authority”.
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127
Right of sixth-form pupils to opt out of religious worship
(1)
Section 342 of the Education Act 1996 is amended as follows.
(2)
After subsection (5) insert—
“(5A)
Regulations shall make provision for securing that, so far as practicable,
every pupil attending a school in England that is approved under this
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section—
(a)
receives religious education unless withdrawn from receiving
such education in accordance with the wishes of the pupil’s
parent, and
(b)
attends religious worship unless withdrawn from attendance at
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such worship—
(i)
in the case of a sixth-form pupil, in accordance with the
pupil’s own wishes, and
(ii)
in any other case, in accordance with the wishes of the
pupil’s parent.
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(5B)
In subsection (5A) “a sixth-form pupil” means a pupil who—
(a)
has ceased to be of compulsory school age, and
(b)
is receiving education suitable to the requirements of pupils
over compulsory school age.”
(3)
In subsection (6) for “special school” substitute “school in Wales that is”.
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Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
71

128
Protection of pupils in an emergency
After section 342 of the Education Act 1996 (c. 56) insert—
“Non-maintained special schools in England: protection of pupils in an emergency
342A
Application to justice of the peace: power to make regulations
(1)
Regulations may make provision conferring power on a justice of the
5
peace, on the application of the Chief Inspector, to make an order in an
urgent case that a non-maintained special school in England should
cease to be approved under section 342.
(2)
Regulations under this section may in particular make provision
corresponding, with or without modifications, to that made in—
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(a)
section 106(2) to (7) of the Education and Skills Act 2008
(emergency orders in relation to registered independent
educational institutions), or
(b)
section 108 of that Act (notification).
129
Appeals
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After section 342A of the Education Act 1996 (inserted by section 128) insert—
“Non-maintained special schools in England: appeals
342B
Appeal against decision of Chief Inspector
(1)
Regulations may make provision for an appeal against a decision of the
Chief Inspector—
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(a)
to withdraw approval from a non-maintained special school in
England by virtue of section 342(4)(b) (failure to comply with
prescribed requirement) otherwise than at the request of the
proprietor;
(b)
not to approve, not to approve a change to, or to withdraw
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approval from, relevant arrangements in relation to such a
school.
(2)
In subsection (1)(b) “relevant arrangements” means arrangements that
require the approval of the Chief Inspector by virtue of section
342(5)(a).
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(3)
Regulations under this section must provide that an appeal brought by
virtue of this section—
(a)
lies to the tribunal established under section 9 of the Protection
of Children Act 1999 (c. 14), and
(b)
must be brought by the proprietor of the school in question.
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(4)
The regulations may in particular make provision, in the case of an
appeal brought by virtue of subsection (1)(a), prohibiting the Chief
Inspector from acting on a decision to withdraw approval during the
period in which—
(a)
an appeal against the decision could be brought, or
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(b)
where an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.