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
Schedule 1 — Minor and consequential amendments
Part 1 — Regulation and inspection
96

37
In section 49 (inspections) in subsection (4) for “independent school”
substitute “independent educational institution”.
38    (1)
Section 53(2) (requirement to register: other later years providers for
children under eight) is amended as follows.
      (2)
In paragraph (a)—
5
(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
10
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)—
15
(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.”
39    (1)
Section 63(3) (applications for registration on the general register: other
20
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”
25
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—
30
“(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
35
school.”
40
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
40
2008;”.
Education and Inspections Act 2006 (c. 40)
41
The Education and Inspections Act 2006 is amended as follows.

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 2 — Miscellaneous
97

42    (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
5
England)”.
      (3)
In subsection (9) for “approved by the Secretary of State” substitute
“approved”.
43
In the following provisions for “approved by the Secretary of State or the
Assembly” substitute “approved”—
10
(a)
paragraph (e) of the definition of “relevant school” in section 88(5);
(b)
the definition of “governing body” in that provision.
44    (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)
15
substitute “by the Welsh Ministers;”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
45    (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—
20
“(ba)
a body approved under section 91 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”.
Part 2
25
Miscellaneous
Children Act 1989 (c. 41)
46
In section 36(5)(b) of the Children Act 1989 (education supervision orders)—
(a)
in sub-paragraph (ii), after “subsection (1)” insert “or (1A)”;
(b)
in sub-paragraph (iii), after “subsection” insert “(1B) or”.
30
Social Security Administration Act 1992 (c. 5)
47
The Social Security Administration Act 1992 is amended as follows.
48    (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”—
35
(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),”;

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 2 — Miscellaneous
98

(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
5
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).”
49    (1)
Section 2AA (full entitlement to certain benefits conditional on work-
10
focused interview for partner) is amended as follows.
      (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,”;
15
(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
20
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).”
25
50    (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”.
30
      (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
35
services: provision by local education authorities).”
Education Act 1996 (c. 56)
51
The Education Act 1996 is amended as follows.
52
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”
40
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

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 2 — Miscellaneous
99

(iv)
in a case falling within subsection (1B) of that section,
to a place at which a child is required to attend in the
circumstances mentioned in that subsection,”.
53
In section 566(3) (evidence: documents)—
(a)
in paragraph (a), after “subsection (1)” insert “or (1A)”;
5
(b)
in paragraph (b), after “subsection” insert “(1B) or”.
54    (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
10
arrangements for the provision of full-time education for
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”.
15
      (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.”
20
School Standards and Framework Act 1998 (c. 31)
55
The School Standards and Framework Act 1998 is amended as follows.
56    (1)
Section 86 (parental preferences) is amended as follows.
      (2)
After subsection (1) insert—
“(1ZA)
Subsection (1) does not apply in relation to—
25
(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.”
30
      (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)”.
35
57
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”.
58
In section 89 (procedure for determining admission arrangements), in
subsection (1A)—
40
(a)
for “and (3A)” substitute “, 86B(2) and (4)”;
(b)
for “parental” substitute “expressed”.

Education and Skills Bill
Schedule 1 — Minor and consequential amendments
Part 2 — Miscellaneous
100

59
In section 89B (co-ordination of admission arrangements), after subsection
(6) insert—
“(7)
Nothing in this section applies in relation to arrangements for the
admission to maintained schools of pupils—
(a)
who—
5
(i)
have ceased to be of compulsory school age, or
(ii)
will have ceased to be of compulsory school age
before education is provided for them at the school, or
(b)
for the purpose of receiving sixth form education.”
60
Omit section 94(7).
10
61    (1)
Section 95 (appeals relating to children to whom section 87 applies) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “the parent of a child” substitute “the appropriate person”, and
(b)
in paragraph (b), for “the child” substitute “a child”.
15
      (3)
After that subsection insert—
“(1A)
In subsection (1), “the appropriate person”, in relation to a child, has
the same meaning as in section 94.”
Learning and Skills Act 2000 (c. 21)
62
The Learning and Skills Act 2000 is amended as follows.
20
63
In the following provisions after “section” insert “139A or”—
(a)
section 6(3)(f);
(b)
section 13(1)(b);
(c)
section 35(3)(f);
(d)
section 41(1)(b).
25
64
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
Wales”;
(b)
in subsection (1)(b) for “Secretary of State believes” substitute
30
“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”;
(d)
in subsection (3)(b) for “to the Secretary of State” substitute “to the
Welsh Ministers” and for “section 13” substitute “section 41”;
35
(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”
and for “Secretary of State on his request” substitute “Welsh
Ministers on their request”;
40
(g)
omit subsection (6).

Education and Skills Bill
Schedule 2 — Repeals and revocations
101

Anti-social Behaviour Act 2003 (c. 38)
65
In section 19(2) of the Anti-social Behaviour Act 2003 (parenting contracts in
case of misbehaviour at school or truancy)—
(a)
in paragraph (b), after “subsection (1)” insert “or (1A)”;
(b)
in paragraph (c), after “subsection” insert “(1B) or”.
5
Education and Inspections Act 2006 (c. 40)
66    (1)
In section 180 of the Education and Inspections Act 2006 (functions to be
exercisable by National Assembly), in subsection (2) after “sections 40 to 54
(school admissions);” insert—
“section 55 (right of sixth-form pupils to opt out of religious
10
worship);”.
      (2)
The amendment made by sub-paragraph (1) is deemed always to have had
effect.
Schedule 2
Section 149

Repeals and revocations
15

Title
Extent of repeal or revocation

Children Act 1989 (c. 41)
In section 87(4)(a) the words “an independent

school or”.

Disability Discrimination Act
In section 28E(5)—

1995 (c. 50)
(a)
paragraph (b) and the word “or”

20

preceding it, and

(b)
the words “or plan”.

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

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

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

25

Framework Act 1998 (c. 31)
In section 86—

(a)
subsections (3A) and (3B), and

(b)
in subsection (9), the words “or

arrangements such as are mentioned in

subsection (3B)”.

30

Section 94(7).

In Schedule 30, paragraph 60.

Learning and Skills Act 2000
Section 98(4).

(c. 21)
Section 99(4).

Sections 114 to 121.

35

Section 140(6).

Criminal Justice and Court
In Schedule 7, paragraphs 208 to 210.

Services Act 2000 (c. 43)

Education Act 2002 (c. 32)
In section 157—

(a)
subsection (1A), and

40

(b)
in subsection (2), paragraph (b) and the

word “and” preceding it.

Education and Skills Bill
Schedule 2 — Repeals and revocations
102

Title
Extent of repeal or revocation

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

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

the end, and

(b)
subsection (2).

5

Sections 162A and 162B.

In section 163—

(a)
in subsection (1)(a), the words “for

Wales” and “in Wales”, and

(b)
in subsection (5), the definition of “the

10

Chief Inspector for Wales”.

In section 164, in subsections (1), (2)(a) (in both

places), (3), (4), (9), (11) and (12), the words

“for Wales”.

In section 165(1)(a), the words “162A or”.

15

In section 167A(6)—

(a)
paragraph (a), and

(b)
in paragraph (b), the words “in relation

to Wales,”.

In section 171—

20

(a)
in the definition of “Chief Inspector”,

paragraph (a) and in paragraph (b) the

words “in relation to a school in Wales”,

(b)
the definition of “early years provision”,

and

25

(c)
in the definition of “the register”,

paragraph (a) and in paragraph (b) the

words “in relation to a school in Wales”.

In Schedule 4, paragraphs 3(2), (5) and (7) and

8(7).

30

In Schedule 7, paragraphs 5(2)(a) and 10.

In Schedule 17, paragraph 8.

Education Act 2005 (c. 18)
In section 59(1), at the end of paragraph (d), the

word “and”.

In Schedule 8, paragraphs 2 and 4.

35

In Schedule 9, paragraph 26.

Childcare Act 2006 (c. 21)
Section 47(1) and (3).

Education and Inspections Act
In Schedule 14, paragraphs 62, 73(3) and 75.

2006 (c. 40)

National Health Service
In Schedule 1, paragraph 202.

40

(Consequential Provisions)

Act 2006 (c. 43)

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

Assessment Authority for

Wales (Transfer of Functions

45

to the National Assembly for

Wales and Abolition) Order

2005 (S.I. 2005/3239)