Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Part 5 — Educational institutions: other provisions
36

(5B)
In reporting under subsection (5), the Chief Inspector must consider—
(a)
the spiritual, moral, social and cultural development of pupils
at the school;
(b)
the extent to which the education provided at the school meets
the needs of the range of pupils at the school, and in particular
5
the needs of—
(i)
pupils who have a disability for the purposes of the
Equality Act 2010, and
(ii)
pupils who have special educational needs.”
(2)
In consequence of subsection (1), section 154 of EIA 2006 (amendments of
10
section 5(5) of EA 2005) is repealed.
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Inspection of further education institutions: exempt institutions
(1)
Chapter 3 of Part 8 of EIA 2006 (inspection of further education and training
etc) is amended as follows.
(2)
In section 125 (inspection of further education institutions)—
15
(a)
in subsection (1), at the end insert “subject to subsection (1A)”;
(b)
after that subsection insert—
“(1A)
The Secretary of State may by regulations provide that the duty
of the Chief Inspector in subsection (1) does not apply to
prescribed categories of institution in prescribed circumstances.
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(1B)
An institution to which the duty in subsection (1) does not
apply by virtue of regulations under subsection (1A) is an
“exempt institution”.”;
(c)
in subsection (2), for “The inspections” substitute “Inspections under
subsection (1)”.
25
(3)
Section 126 (other inspections) is amended as set out in subsections (4) to (9).
(4)
After subsection (1), insert—
“(1A)
The Chief Inspector must inspect an exempt institution if requested to
do so by the Secretary of State.”
(5)
After subsection (2) insert—
30
“(2A)
On completing an inspection under subsection (1) or (1A) conducted in
response to a request from the Secretary of State or any other person or
body, the Chief Inspector must—
(a)
make a written report on the inspection;
(b)
arrange for the report to be published in such manner as the
35
Chief Inspector considers appropriate.”
(6)
In subsection (3), after “this section” insert “conducted in any other case”.
(7)
In subsection (4), after “subsection (1)” insert “or (1A)”.
(8)
After subsection (5) insert—
“(5A)
In the case of an inspection conducted under subsection (1) in response
40
to a request from the provider of the education or training concerned,
the Chief Inspector may charge the provider for the cost of the
inspection.”

Education Bill
Part 5 — Educational institutions: other provisions
37

(9)
At the end, insert—
“(8)
In this section “exempt institution” has the meaning given by section
125(1B).”
(10)
In section 127 (action plans), in subsection (1) at the end insert “or (1A)”.
42
Inspection of boarding accommodation
5
(1)
Part 12 of the Children Act 1989 (miscellaneous and general) is amended as
follows.
(2)
In section 87 (welfare of children in boarding schools and colleges)—
(a)
after subsection (1), insert—
“(1A)
For the purposes of this section and sections 87A to 87D, a
10
school or college provides accommodation for a child if—
(a)
it provides accommodation for the child on its own
premises, or
(b)
it arranges for accommodation for the child to be
provided elsewhere (other than in connection with a
15
residential trip away from the school).”;
(b)
in subsection (3), for “he is accommodated” substitute “accommodation
for the child is provided”;
(c)
after subsection (3), insert—
“(3A)
Where accommodation is provided for a child by a school or
20
college in England, the Secretary of State may at any time
(including a time when the duty under subsection (3) is
suspended by virtue of section 87A) direct the Chief Inspector
for England to take the steps referred to in subsection (3).
(3B)
Where accommodation is provided for a child by a school or
25
college in Wales, the Welsh Ministers may, at any time when the
duty under subsection (3) is suspended by virtue of section 87A,
take the steps referred to in subsection (3).”;
(d)
in subsection (5), for “its duty” substitute “any of its functions”;
(e)
in subsection (9A), for “he is accommodated” substitute
30
“accommodation for the child is provided”.
(3)
In section 87A (suspension of duty under section 87(3))—
(a)
in subsection (1)(b), for “they are accommodated” substitute
“accommodation for the children is provided”;
(b)
after subsection (4) insert—
35
“(4A)
The Secretary of State may by regulations specify matters that
must be taken into account in deciding whether to appoint a
person to be an inspector for the purposes of this section in
relation to schools or colleges in England, or to terminate the
appointment of such a person under subsection (4)(b).”
40
(4)
After section 87B insert—
“87BA
Quality assurance of inspectors under section 87A
(1)
The Chief Inspector for England must, at intervals of no more than a
year, prepare and send to the Secretary of State a report about

Education Bill
Part 5 — Educational institutions: other provisions
38

inspectors who are appointed under section 87A in relation to schools
or colleges in England.
(2)
In preparing a report under this section the Chief Inspector for England
must have regard to such matters as the Secretary of State may direct.
(3)
The Secretary of State may in particular give directions about—
5
(a)
matters to be taken into account in preparing a report, and
(b)
the form and contents of a report.”
(5)
In section 87C (boarding schools: national minimum standards), in subsection
(1), for “in” substitute “by”.
43
Schools causing concern: powers of Secretary of State
10
(1)
Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.
(2)
In section 68 (power of Secretary of State to direct closure of school), in
subsection (1), for “by virtue of section 62 (school requiring special measures)”
substitute “other than by virtue of section 60A”.
(3)
In section 69A (power of Secretary of State to direct local authority to consider
15
giving performance standards and safety warning notice)—
(a)
omit subsection (5);
(b)
for subsection (9) substitute—
“(9)
If the response states that the authority have decided not to give
a warning notice to the governing body in the specified terms—
20
(a)
the response must set out the authority’s reasons for the
decision, and
(b)
the Secretary of State may direct the authority to give the
warning notice to the governing body in those terms
(and to withdraw any previous warning notice given to
25
the governing body under section 60).
(9A)
If the Secretary of State directs the authority under subsection
(9)(b) to give a warning notice to the governing body in the
specified terms, the authority must—
(a)
comply with the direction under subsection (9)(b) before
30
the end of the period of 5 working days beginning with
the day on which that direction is given, and
(b)
on the same day as they do so, give the Secretary of State
a copy of the notice.”;
(c)
in subsection (10), for “Subsection (8)(b) applies” substitute
35
“Subsections (8)(b) and (9A)(b) apply”;
(d)
after subsection (10) insert—
“(11)
A direction under this section must be in writing.”;
(e)
for the heading, substitute “Power of Secretary of State to direct local
authority to give performance standards and safety warning notice”.
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44
Complaints: repeal of power to complain to Local Commissioner
(1)
Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are
repealed.

Education Bill
Part 5 — Educational institutions: other provisions
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(2)
In consequence of subsection (1)—
(a)
in section 409 of EA 1996 (complaints and enforcement: maintained
schools)—
(i)
in subsection (1), after “authority” insert “in Wales” and after
“schools” insert “in Wales”;
5
(ii)
in subsection (4), for “Secretary of State” substitute “Welsh
Ministers”;
(iii)
in the heading, after “schools” insert “in Wales”;
(b)
in section 496 of EA 1996 (power of Secretary of State to prevent
unreasonable exercise of functions), omit subsections (3) and (4);
10
(c)
in section 497 of EA 1996 (Secretary of State’s general default powers),
omit subsections (4) and (5);
(d)
in paragraph 6 of Schedule 1 (pupil referral units: complaints)—
(i)
in sub-paragraph (3), after “local authority” insert “in Wales”
and after “unit” insert “in Wales”;
15
(ii)
in sub-paragraph (4), for “Secretary of State” substitute “Welsh
Ministers”, after “any local authority” and “a local authority”
insert “in Wales”, and after “pupil referral unit” insert “in
Wales”;
(e)
in paragraph 1 of Schedule 4 of the Local Government Act 1974
20
(disqualifications from acting as Local Commissioner or investigating
complaint), omit sub-paragraphs (2C) and (2D);
(f)
in section 262(6) of ASCLA 2009 (statutory instruments subject to
affirmative procedure), omit paragraph (f);
(g)
in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7
25
(complaints);
(h)
section 22 of CSFA 2010 (amendments of sections 207 and 216 of
ASCLA 2009) is repealed.
Finance
45
Local authorities’ financial schemes
30
(1)
In Schedule 14 to SSFA 1998 (revision of local authority schemes), in paragraph
2A, at the end insert—
    “(4)
The Secretary of State may by a direction revise the whole or any part
of a scheme maintained by a local authority in England as from such
date as may be specified in the direction.
35
      (5)
Before giving such a direction the Secretary of State must consult the
local authority and such other persons as the Secretary of State thinks
fit.”
46
Payments in respect of dismissal, etc
(1)
Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as
40
follows.
(2)
After subsection (7), insert—
“(7A)
Any amount payable by virtue of subsection (7) by the governing body
of a maintained school in England to the local authority may be met by

Education Bill
Part 5 — Educational institutions: other provisions
40

the governing body out of the school’s budget share for any funding
period if and to the extent that the condition in subsection (7B) is met.
(7B)
The condition is that the governing body are satisfied that meeting the
amount out of the school’s budget share will not to a significant extent
interfere with the performance of any duty imposed on them by section
5
21(2) or by any other provision of the Education Acts.”
(3)
In subsection (8), after “maintained school” insert “in Wales”.
47
Determination of permitted charges
(1)
Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.
(2)
In subsection (4), after paragraph (a) insert—
10
“(aa)
attributable to the provision of the buildings and
accommodation used in connection with the provision of the
optional extra, or”.
(3)
In subsection (5), for “subsection (6)” substitute “subsections (6) and (6A)”.
(4)
After subsection (6), insert—
15
“(6A)
Where the optional extra in question consists of education which is
early years provision (as defined by section 20 of the Childcare Act
2006), the cost of its provision includes the costs, or an appropriate
proportion of the costs, attributable to the provision of teaching staff
employed for the purpose of providing the education.”
20
Further education institutions
48
Further education institutions: amendments
Schedule 11 (further education institutions: amendments) has effect.
Pupil referral units
49
Repeal of provision changing name of pupil referral units
25
(1)
ASCLA 2009 is amended as set out in subsections (2) and (3).
(2)
In section 249 (short stay schools: miscellaneous)—
(a)
omit subsections (1) and (2) (change of name from pupil referral unit to
short stay school);
(b)
for the heading, substitute “Regulations about pupil referral units”.
30
(3)
For the italic cross-heading above section 249, substitute “Pupil referral units”.
(4)
In Schedule 1 to EA 1996 (pupil referral units), in paragraph 3A—
(a)
in sub-paragraph (a), for “short stay school” substitute “pupil referral
unit”;
(b)
in sub-paragraph (b), for “short stay schools”, in both places where it
35
occurs, substitute “pupil referral units”.

Education Bill
Part 6 — Academies
41

Part 6
Academies
Academy arrangements
50
Academies: removal of requirement to have specialism
In section 1(6) of AA 2010 (Academy arrangements: characteristics of
5
Academy) omit paragraph (b) (curriculum to have emphasis on particular
subject area).
51
Academy arrangements: post-16 education and alternative provision
(1)
Section 1 of AA 2010 (Academy arrangements) is amended as set out in
subsections (2) to (6).
10
(2)
For subsection (5) substitute—
“(5)
The undertakings are—
(a)
to establish and maintain an educational institution in England
which meets the requirements of any of the following—
(i)
section 1A (Academy schools);
15
(ii)
section 1B (16 to 19 Academies);
(iii)
section 1C (alternative provision Academies);
(b)
to carry on, or provide for the carrying on, of the institution.”
(3)
Omit subsection (6).
(4)
In subsection (7), for “a school within subsection (5)(a)(i)” substitute “an
20
educational institution within section 1A(1)”.
(5)
In subsection (9), for “school” (in both places) substitute “institution”.
(6)
In subsection (10), for “A school” substitute “An educational institution”.
(7)
After section 1 of AA 2010 insert—
“1A
Academy schools
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(1)
An educational institution meets the requirements of this section if—
(a)
it is an independent school,
(b)
it has a curriculum satisfying the requirements of section 78 of
EA 2002 (balanced and broadly based curriculum),
(c)
it provides education for pupils of different abilities, and
30
(d)
it provides education for pupils who are wholly or mainly
drawn from the area in which it is situated.
(2)
An educational institution also meets the requirements of this section
if—
(a)
it is an independent school, and
35
(b)
it is specially organised to make special educational provision
for pupils with special educational needs.
(3)
An Academy which meets the requirements of this section is to be
known as an Academy school.