Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
89

154
Short title
(1)
This Act may be cited as the Education and Skills Act 2008.
(2)
This Act is to be included in the list of Education Acts set out in section 578 of
the Education Act 1996 (c. 56).

90
Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection

Schedules
Schedule 1
Section 149

Minor and consequential amendments
Part 1
Regulation and inspection
5
Children Act 1989 (c. 41)
1
The Children Act 1989 is amended as follows.
2     (1)
Section 87 (welfare of children in boarding schools and colleges) is amended
as follows.
      (2)
In subsection (4)—
10
(a)
in the opening words for “or” substitute “in England other than an
independent educational institution or by a”;
(b)
in paragraph (a) omit “an independent school or”.
      (3)
In subsection (10) after the definition of “further education corporation”
insert—
15
““independent educational institution” has the same meaning
as in Chapter 1 of Part 4 of the Education and Skills Act
2008;”.
3     (1)
Section 87B(2) (duties of inspectors under section 87A) is amended as
follows.
20
      (2)
In paragraph (a) for “an independent school” substitute “an independent
educational institution in England, an independent school in Wales”.
      (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;”.
25
Disability Discrimination Act 1995 (c. 50)
4
The Disability Discrimination Act 1995 is amended as follows.
5     (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
30
1996 (non-maintained special schools).”

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection
91

      (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)”.
6     (1)
In section 28E (accessibility strategies and plans: procedure) is amended as
follows.
5
      (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
10
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.”
7
For section 28M(2)(a) substitute—
“(a)
schools approved under section 342 of the Education Act
15
1996 (non-maintained special schools); and”.
8
For section 28Q(4)(d) substitute—
“(d)
a school approved under section 342 of the Education Act
1996 (non-maintained special schools);”.
Education Act 1996 (c. 56)
20
9
The Education Act 1996 is amended as follows.
10
For section 6(2) (reference to definition of special school) substitute—
“(2)
A school is a special school if—
(a)
it is specially organised, and
(b)
in the case of a school that is not maintained by a local
25
education authority, it is approved,

as mentioned in section 337.”
11
In section 313(5) (codes of practice) for “Part” substitute “Chapter”.
12
After section 537A insert—
“537AA
  Application of sections 537 and 537A to certain part-time
30
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.
35
(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
40
be read as references to the person or body of persons
responsible for the management of a relevant part-time
educational institution.

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection
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(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
5
as in Chapter 1 of Part 4 of the Education and Skills Act 2008
(see section 77 of that Act);
(c)
“student” has the same meaning as in that Chapter (see
section 124 of that Act).”
13
In the table in section 580 (index), in the entry for “the Tribunal” for “(in Part
10
IV)” substitute “(in Chapter 1 of Part 4).
14
In that table insert the following entries at the appropriate places—

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

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

Chapter 2 of Part 4)

15

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

Police Act 1997 (c. 50)
15
In section 113BA of the Police Act 1997 (suitability information relating to
children), in subsection (2)(e)—
(a)
after “under” insert “section 114 of the Education and Skills Act 2008
20
(prohibition on participation in management of independent
educational institution in England) or”;
(b)
after “school” insert “in Wales”.
Protection of Children Act 1999 (c. 14)
16    (1)
Section 9(2) of the Protection of Children Act 1999 (the Tribunal) is amended
25
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—
30
“(h)
on an appeal under Chapter 1 of Part 4 of the Education and
Skills Act 2008;”.
Education Act 2002 (c. 32)
17
The Education Act 2002 is amended as follows.
18
In the definition of “qualifying body” in section 1(3) (interpretation) for
35

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection
93

paragraph (g) substitute—
“(g)
the proprietor of a school approved under section 342 of the
Education Act 1996 (non-maintained special schools).”
19
Before section 157 insert—
“156A
Application of Chapter to schools in Wales only
5
(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
Chapter 1 of Part 4 of the Education and Skills Act 2008.”
20
In section 157 (independent school standards) omit subsections (1A) and
10
(2)(b).
21
In section 158 (the registers)—
(a)
omit subsections (1)(a) and (2), and
(b)
in subsection (3), for “the National Assembly for Wales” substitute
“the Welsh Ministers”.
15
22
Omit sections 162A and 162B (inspection of registered schools in England).
23
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”;
(c)
in subsection (5), omit the definition of “the Chief Inspector for
20
Wales”.
24
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).
25
In section 165(1)(a) (failure to meet standards) omit “162A or”.
26
In section 167A (prohibition on participation in management of independent
25
schools)—
(a)
omit subsection (6)(a);
(b)
in subsection (6)(b) omit “in relation to Wales,”.
27
For sections 167C and 167D (information and notification in relation to
directions under section 167A) substitute—
30
“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
35
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.
40
(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

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection
94

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
5
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
10
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
15
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
20
the registration authority), and
(b)
HMCI and (if different) the appropriate authority for the
purposes of sections 114 to 117 of the Education and Skills
Act 2008 (prohibition on participation in management of
independent educational institutions in England).
25
(2)
In this section “HMCI” means Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills.”
28    (1)
Section 171 is amended as follows.
      (2)
In the definition of “Chief Inspector”—
(a)
omit paragraph (a);
30
(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);
(b)
in paragraph (b) omit “in relation to a school in Wales,”.
35
      (5)
In the definition of “registration authority” for paragraphs (a) and (b)
substitute “the Welsh Ministers”.
Education Act 2005 (c. 18)
29
The Education Act 2005 is amended as follows.
30
For section 5(2)(g) (duty to inspect certain schools) substitute—
40
“(g)
schools approved under section 342 of the Education Act
1996 (non-maintained special schools).”
31
For section 28(2)(d) (duty to arrange inspections of certain schools)

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection
95

substitute—
“(d)
schools approved under section 342 of the Education Act
1996 (non-maintained special schools).”
32    (1)
Section 59 (combined reports) is amended as follows.
      (2)
In subsection (1)(d), after “independent schools” insert “in Wales”.
5
      (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).”
10
33
In section 62(4)(a) (power of Welsh Ministers to change inspection
framework for Wales) for sub-paragraph (iv) substitute—
“(iv)
sections 91 to 99 of the Education and Skills Act 2008
(independent educational institutions in England),”.
Childcare Act 2006 (c. 21)
15
34
The Childcare Act 2006 is amended as follows.
35    (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”;
20
(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”.
25
36    (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”;
30
(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”.
35
      (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
40
least one of the children is a registered pupil at the
school.”