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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 3 — Inspections

120

 

208     

Amendments consequential on Chapter 2

The following provisions of the Education Act 1996 (c. 56) cease to have

effect—

(a)   

section 408(4)(g) (provision of information);

(b)   

section 409 (complaints and enforcement: maintained schools);

5

(c)   

paragraph 6(3) and (4) of Schedule 1 (complaints and enforcement:

short stay schools).

209     

Interpretation of Chapter 2

In this Chapter—

(a)   

“act” has the meaning given by section 194(7);

10

(b)   

“Local Commissioner” has the meaning given by section 195(7);

(c)   

“respondent” has the meaning given by section 197(6).

Chapter 3

Inspections

210     

Interim statements

15

(1)   

The Education Act 2005 (c. 18) is amended as follows.

(2)   

After section 10 insert—

"10A    

Interim statements between inspections

(1)   

The Chief Inspector may make a statement (an “interim statement”)

about a school in England to which section 5 applies.

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(2)   

An interim statement is a statement—

(a)   

that the Chief Inspector is of the opinion that it is not necessary

for the school to be inspected under section 5 for at least a year

after the date on which the statement is made,

(b)   

setting out the Chief Inspector’s reasons for forming that

25

opinion, and

(c)   

containing such other information (if any) as the Chief Inspector

considers appropriate.

(3)   

The Chief Inspector may arrange for an interim statement to be

published in such manner as the Chief Inspector considers appropriate.

30

(4)   

Section 151 of the Education and Inspections Act 2006 (publication of

inspection reports: privilege and electronic publication) applies in

relation to an interim statement as it applies in relation to a report.”

(3)   

In the italic heading before section 14 after “reports” insert “and interim

statements”.

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Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 3 — Inspections

121

 

(4)   

After section 14 insert—

“14A    

Destination of interim statements: maintained schools

(1)   

The Chief Inspector must ensure that a copy of any interim statement

about a maintained school is sent without delay to the appropriate

authority for the school.

5

(2)   

The Chief Inspector must ensure that copies of the statement are sent—

(a)   

to the head teacher of the school,

(b)   

to whichever of the local education authority and the governing

body are not the appropriate authority, and

(c)   

in the case of a school having foundation governors, to the

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person who appoints them and (if different) to the appropriate

appointing authority.

(3)   

If the school provides full-time education suitable to the requirements

of pupils over compulsory school age, the Chief Inspector must ensure

that a copy of the statement is also sent to the Young People’s Learning

15

Agency for England.

(4)   

The appropriate authority must—

(a)   

make a copy of any statement sent to the authority under

subsection (1) available for inspection by members of the public

at such times and at such places as may be reasonable,

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(b)   

provide one copy of the statement free of charge to any person

who asks for one, and

(c)   

take such steps as are reasonably practicable to secure that

every registered parent of a registered pupil at the school

receives a copy of the statement within such period following

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receipt of the statement by the authority as may be prescribed.”

(5)   

In the italic heading before section 16 after “reports” insert “and interim

statements”.

(6)   

After section 16 insert—

“16A    

Destination of interim statements: non-maintained schools

30

(1)   

The Chief Inspector must ensure that a copy of any interim statement

about a school other than a maintained school is sent without delay to

the proprietor of the school.

(2)   

In the case of a special school which is not a community or foundation

special school, the proprietor must without delay send a copy of any

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interim statement sent to the proprietor under subsection (1) to any

local education authority that are paying fees in respect of the

attendance of a registered pupil at the school.

(3)   

The proprietor of the school must—

(a)   

make any statement sent to the proprietor under subsection (1)

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available for inspection by members of the public at such times

and at such place as may be reasonable,

(b)   

provide one copy of the statement free of charge to any person

who asks for one, and

(c)   

take such steps as are reasonably practicable to secure that

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every registered parent of a registered pupil at the school

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England

122

 

receives a copy of the statement within such period following

receipt of the statement by the proprietor as may be prescribed.”

(7)   

In section 18 (interpretation of Chapter) after the definition of “the Chief

Inspector” insert—

““interim statement” means an interim statement under section

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10A;”.

211     

Powers of persons providing administrative support in connection with

inspections

(1)   

Part 2 of Schedule 12 to the Education and Inspections Act 2006 (c. 40)

(inspectors etc acting on behalf of Chief Inspector) is amended as follows.

10

(2)   

In paragraph 9(1) (delegation of functions), after paragraph (c) insert “or

(d)   

any inspection administrator,”,

   

(and omit “or” at the end of paragraph (b)).

(3)   

In paragraph 9(2)(a) for “and 11(4)” substitute “, 11(4) and 11A(3)”.

(4)   

In paragraph 10(1) (inspectors etc to have necessary qualifications, experience

15

and skills), after paragraph (c) insert “or

(d)   

an inspection administrator,”,

   

(and omit “or” at the end of paragraph (b)).

(5)   

After paragraph 11 insert—

“Inspection administrators

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11A   (1)  

The Chief Inspector may enter into arrangements with inspection

service providers under which they provide the services of persons

to provide administrative support in connection with the carrying

out of inspections.

      (2)  

A person providing administrative support in pursuance of

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arrangements under sub-paragraph (1) is to be known as an

inspection administrator.

      (3)  

The Chief Inspector may not authorise an inspection administrator to

conduct an inspection.”

Chapter 4

30

School Support Staff Pay and Conditions: England

The SSSNB

212     

The School Support Staff Negotiating Body

(1)   

There is to be an unincorporated body of persons known as the School Support

Staff Negotiating Body.

35

(2)   

In this Chapter that body is referred to as “the SSSNB”.

(3)   

The SSSNB’s functions are those conferred on it by this Chapter.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England

123

 

(4)   

Schedule 15 makes further provision about the SSSNB.

213     

Matters within SSSNB’s remit

(1)   

For the purposes of this Chapter, the matters within the SSSNB’s remit are

matters relating to—

(a)   

the remuneration of school support staff, or

5

(b)   

conditions of employment relating to the duties or working time of

school support staff.

(2)   

The Secretary of State may by order provide that, for the purposes of

subsection (1)—

(a)   

a payment or entitlement of a specified kind is or is not to be treated as

10

remuneration;

(b)   

a specified matter is or is not to be treated as relating to the duties of

school support staff;

(c)   

a specified matter is or is not to be treated as relating to the working

time of school support staff.

15

Consideration of matter by SSSNB

214     

Referral of matter to SSSNB for consideration

(1)   

The Secretary of State may refer a matter within the SSSNB’s remit to the

SSSNB for consideration by it.

(2)   

The rest of this section applies if the Secretary of State does so.

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(3)   

The Secretary of State may specify—

(a)   

factors to which the SSSNB must have regard in considering the matter;

(b)   

a date by which the SSSNB must comply with subsection (5).

(4)   

The SSSNB must consider the matter, having regard to any factors specified

under subsection (3)(a).

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(5)   

When it has considered the matter, the SSSNB must—

(a)   

if it has reached an agreement about the matter, submit that agreement

to the Secretary of State, and

(b)   

if it has been unable to reach an agreement about the matter, notify the

Secretary of State of that.

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(6)   

If the Secretary of State specifies a date under subsection (3)(b), the SSSNB

must comply with subsection (5) no later than that date.

(7)   

The Secretary of State may, at any time before the SSSNB have complied with

subsection (5) in relation to a matter—

(a)   

withdraw or vary the reference of the matter;

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(b)   

if factors have been specified under subsection (3)(a), withdraw or vary

those factors, or specify further factors under that paragraph;

(c)   

if a date has been specified under subsection (3)(b), specify a later date

under that paragraph.

 
 

 
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