Education Bill [HL]

House of Lords

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 7 — Supplementary
36

person of a copy of a report is to be read so far as necessary as a reference to the
publication of the combined report, or to the giving or making available to that
person of a copy of the combined report.
(4)
The Chief Inspector may arrange for a combined report to be published in any
manner he considers appropriate, but this subsection does not limit any duty
5
as to publication imposed by any of the inspection enactments.
59
Repeal of School Inspections Act 1996
The School Inspections Act 1996 (c. 57) (which is superseded by the provisions
of this Part) shall cease to have effect.
60
Further amendments relating to school inspection
10
Schedule 9 contains further amendments related to the provisions of this Part.
61
Power of Assembly to change inspection framework for Wales
(1)
The Assembly may by order—
(a)
make provision in relation to Wales corresponding to—
(i)
that made in relation to England by any English inspection
15
provision, or
(ii)
that which could be made in relation to England by regulations
under any English inspection provision,
(b)
repeal any Welsh inspection provision which does not correspond to an
English inspection provision, and
20
(c)
make such provision as the Assembly thinks fit in connection with any
provision made by virtue of paragraph (a) or (b).
(2)
In relation to section 38 (special measures by appropriate authority for
maintained school), the power conferred by paragraph (b) of subsection (1)
includes power, instead of repealing the section, to limit the cases in which it
25
applies.
(3)
The powers conferred by paragraphs (a) and (c) of subsection (1) include
power to amend or repeal any enactment (whenever passed or made),
including any provision of this Act.
(4)
For the purposes of this section—
30
(a)
an English inspection provision is any provision of—
(i)
Chapters 1 and 2,
(ii)
sections 47 and 48 (denominational education in England),
(iii)
Schedule 26 to the School Standards and Framework Act 1998
(c. 31) (nursery education), so far as relating to England, or
35
(iv)
sections 162A and 162B of the Education Act 2002 (independent
schools in England),
(b)
a Welsh inspection provision is any provision of —
(i)
Chapters 3 and 4,
(ii)
section 49 and Schedule 6 (denominational education in Wales),
40
(iii)
section 51 (provision of inspection services by local education
authorities in Wales),

Education Bill [HL]
Part 2 — School organisation
37

(iv)
Schedule 26 to the School Standards and Framework Act 1998
(c. 31) (nursery education), so far as relating to Wales, or
(v)
sections 163 and 164 of the Education Act 2002 (c. 32)
(independent schools in Wales).
(5)
In this section “enactment” includes an enactment comprised in subordinate
5
legislation, within the meaning of the Interpretation Act 1978 (c. 30).
62
Interpretation of Part 1
(1)
In this Part—
“Church of England school”, “Church in Wales school”, “Roman Catholic
Church school” and “appropriate diocesan authority” in each case,
10
have the meaning given by section 142 of the School Standards and
Framework Act 1998 (c. 31);
“delegated budget” has the same meaning as in section 49 of the School
Standards and Framework Act 1998 (c. 31);
“denominational education” has the meaning given by section 46.
15
(2)
References in this Part to special measures being, or not being, required to be
taken in relation to a school are to be read in accordance with section 43(1).
(3)
References in this Part to a school requiring, or not requiring, significant
improvement are to be read in accordance with section 43(2).
Part 2
20
School organisation
63
Proposals not requiring consent of Secretary of State
(1)
Section 28 of the School Standards and Framework Act 1998 (c. 31) (proposals
for establishment or alteration of community, foundation or voluntary school)
is amended as follows.
25
(2)
Omit subsection (1A) and, in subsection (2), the words “(otherwise than
pursuant to a notice under section 70 of the Education Act 2002)”.
(3)
After subsection (2) insert—
“(2A)
Subsections (1)(a) and (2)(a) do not apply to any proposal to establish a
secondary school which is to be maintained by a local education
30
authority in England.
(2B)
For the purposes of subsection (2A), “secondary school” includes a
middle school as respects which the relevant upper age is at least 16
years, but does not include a school which provides education suitable
only to the requirements of persons above compulsory school age.”
35
(4)
Omit subsection (4).
64
Publication of proposals with consent of Secretary of State
After section 28 of the School Standards and Framework Act 1998 (c. 31)

Education Bill [HL]
Part 2 — School organisation
38

insert—
“28A
Proposals for establishment of community, foundation or voluntary
school maintained by English LEA
(1)
A local education authority in England may with the consent of the
Secretary of State publish under this section their proposals to establish
5
(otherwise than pursuant to a notice under section 65 of the Education
Act 2005) a new community or foundation school.
(2)
Any persons (referred to in this Part as “promoters”) may with the
consent of the Secretary of State publish under this section their
proposals to establish (otherwise than pursuant to a notice under
10
section 65 of the Education Act 2005) a new foundation or voluntary
school which is proposed to be maintained by a local education
authority in England.
(3)
Proposals under this section must be proposals for a secondary school;
and for this purpose “secondary school” includes a middle school as
15
respects which the relevant upper age is at least 16 years, but does not
include a school which provides education suitable only to the
requirements of persons above compulsory school age.
(4)
Proposals under this section shall—
(a)
contain such information, and
20
(b)
be published in such manner,

as may be prescribed.
(5)
Before publishing any proposals under this section, the relevant
authority or promoters shall consult such persons as appear to them to
be appropriate; and in discharging their duty under this subsection the
25
relevant authority or promoters shall have regard to any guidance
given from time to time by the Secretary of State.
(6)
The relevant authority or promoters shall send—
(a)
a copy of any proposals published under this section, and
(b)
such information in connection with those proposals as may be
30
prescribed,

to the school organisation committee for the area of the local education
authority who it is proposed should maintain the school.
(7)
Schedule 6 has effect in relation to—
(a)
the procedure for dealing with proposals under this section and
35
their implementation, and
(b)
the provision of premises or other assistance in connection with
their implementation.
(8)
Where any proposals published under this section relate to a school
which is proposed to be situated in an area other than that of the local
40
education authority who it is proposed should maintain the school, the
provisions of subsection (6) and Schedule 6 shall have effect in relation
to the proposals with such modifications as may be prescribed.
(9)
In this section “the relevant authority or promoters” means the local
education authority mentioned in subsection (1) or the promoters
45
mentioned in subsection (2) (as the case may be).”

Education Bill [HL]
Part 2 — School organisation
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65
Proposals for new secondary schools in England
(1)
A local education authority in England may publish a notice under this section
inviting proposals for the establishment of any school falling within subsection
(2) as a secondary school.
(2)
The following schools fall within this subsection—
5
(a)
a foundation school;
(b)
a voluntary school;
(c)
an Academy.
(3)
A notice under this section must—
(a)
identify a possible site for the school,
10
(b)
specify a date, being a date after the prescribed interval, by which
proposals must be submitted,
(c)
specify such other matters as may be prescribed, and
(d)
be published in the prescribed manner.
(4)
Proposals made pursuant to a notice under this section must—
15
(a)
contain the prescribed information, and
(b)
be submitted to the local education authority before the date specified
in the notice.
(5)
After the date specified in a notice published by a local education authority
under this section the authority—
20
(a)
must publish under this section any proposals submitted pursuant to
the notice in accordance with subsection (4), and
(b)
may publish under this section proposals of their own for the
establishment of a community or foundation school as a secondary
school.
25
(6)
Regulations may prescribe—
(a)
the time within which proposals under this section must be published,
(b)
the manner in which they must be published, and
(c)
the information which proposals within subsection (5)(b) must contain.
(7)
For the purposes of this section “secondary school” includes a middle school as
30
respects which the relevant upper age is at least 16 years, but does not include
a school which provides education suitable only to the requirements of persons
above compulsory school age.
(8)
Schedule 10 contains provision in relation to the consideration, approval and
implementation of proposals under this section.
35
(9)
Section 70 of, and Schedule 8 to, the Education Act 2002 (proposals for
additional secondary schools) shall cease to have effect.
66
Rationalisation of school places in England
Schedule 11 contains provisions enabling the Secretary of State to direct local
education authorities in England, or the governing bodies of schools
40
maintained by them, to bring forward proposals for the rationalisation of
school places, and for such proposals to be made by him.