Education Bill [HL]

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 5 — General
64

120
Power to make further supplementary and consequential provision etc.
(1)
The Secretary of State may at any time by regulations make—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitional, transitory or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of,
5
or for giving full effect to, any provision of Parts 1 to 4 of this Act.
(2)
Regulations under subsection (1) may, in particular, make provision—
(a)
amending or repealing any enactment passed before, or in the same
Session as, this Act, and
(b)
amending or revoking any subordinate legislation (within the meaning
10
of the Interpretation Act 1978 (c. 30)) made before the passing of this
Act.
(3)
In relation to Wales, the power to make regulations under subsection (1) is also
exercisable by the Assembly.
(4)
Nothing in this Act is to be regarded as limiting the generality of subsection (1).
15
121
Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
(a)
in Part 1, sections 61 and 62;
(b)
in Part 3—
20
section 72(3),
section 75(3),
sections 93 and 94,
section 97, and
paragraph 3 of Schedule 15 (and section 96 so far as relating to that
25
paragraph); and
(c)
in this Part—
sections 115 to 118,
section 120,
this section, and
30
sections 122 to 124.
(2)
The following provisions of Part 4 come into force at the end of the period of
two months beginning with the day on which this Act is passed—
section 99,
sections 103 to 110, and
35
Schedule 17.
(3)
The following provisions come into force on 1st September 2005 or, if this Act
is passed after 1st July 2005, at the end of the period of two months beginning
with the day on which it is passed—
(a)
Part 3 (including Schedules 13 to 15), except the provisions specified in
40
subsection (1)(b), and
(b)
Part 3 of Schedule 19 (and section 119 so far as relating to that Part of
that Schedule).

Education Bill [HL]
Part 5 — General
65

(4)
The remaining provisions of this Act come into force in accordance with
provision made by the appropriate authority (as defined in section 122) by
order.
122
The appropriate authority by whom commencement order is made
(1)
This section has effect for determining who is the appropriate authority for the
5
purposes of section 121(4).
(2)
In relation to Part 1, the appropriate authority is—
(a)
the Secretary of State, for the following provisions—
Chapters 1 and 2 (including Schedule 1)
sections 47 and 48,
10
paragraphs 1 to 4 of Schedule 7 (and section 52 so far as relating to
those paragraphs),
paragraphs 1 to 5 and 25 of Schedule 9 (and section 60 so far as
relating to those paragraphs),
(b)
the Assembly, for the following provisions—
15
Chapters 3 and 4 (including Schedules 2 to 4)
section 49 (including Schedule 6),
section 51,
sections 54 to 56,
paragraph 5 of Schedule 7 (and section 52 so far as relating to that
20
paragraph),
paragraphs 6, 7, 22 to 24 and 26 of Schedule 9 (and section 60 so far
as relating to those paragraphs), and
(c)
for the other provisions of the Part—
(i)
in relation to England, the Secretary of State, and
25
(ii)
in relation to Wales, the Assembly.
(3)
In relation to Part 2, the appropriate authority is the Secretary of State.
(4)
In relation to Part 4, the appropriate authority is—
(a)
the Secretary of State, for the following provisions—
sections 100 and 101;
30
paragraphs 2 to 4 of Schedule 18 (and section 113 so far as relating
to those paragraphs), and
(b)
for the other provisions of the Part—
(i)
in relation to England, the Secretary of State, and
(ii)
in relation to Wales, the Assembly.
35
(5)
In relation to section 119 and Schedule 19, the appropriate authority is—
(a)
the Secretary of State, for a repeal contained in Part 2 of the Schedule,
and
(b)
for a repeal contained in Part 1 or 4 of the Schedule, the appropriate
authority for the purposes of section 121(4) in relation to the provision
40
on which the repeal is consequential.
123
Extent
(1)
Subject to subsections (2) and (3), this Act extends to England and Wales only.
(2)
The following provisions extend also to Scotland and Northern Ireland—

Education Bill [HL]
Part 5 — General
66

sections 104 and 105 (supply of information: education maintenance
allowances),
section 120, so far as relating to those sections, and
the other provisions of this Part except sections 115, 118 and 119.
(3)
Any amendment or repeal made by this Act has the same extent as the
5
enactment amended or repealed.
124
Short title, etc.
(1)
This Act may be cited as the Education Act 2005.
(2)
This Act shall be included in the list of Education Acts set out in section 578 of
the Education Act 1996 (c. 56).
10

Education Bill [HL]
Schedule 1 — Her Majesty’s Chief Inspector of Schools In England
67

Schedules
Schedule 1
Section 1

Her Majesty’s Chief Inspector of Schools In England
Chief Inspector’s other staff
1
The Chief Inspector may, with the approval of the Minister for the Civil
5
Service as to numbers and terms and conditions of service, appoint such
staff, in addition to inspectors who are members of his staff by virtue of
section 1(3), as he thinks fit.
Additional inspectors
2     (1)
The Chief Inspector may arrange for such persons as he thinks fit to assist
10
him in the discharge of his functions in relation to a particular case or class
of case.
      (2)
Any person assisting the Chief Inspector under any such arrangements is to
be known as an additional inspector.
      (3)
Any arrangements which provide for assistance by persons who are not
15
members of the Chief Inspector’s staff must be made on terms agreed by him
with the Minister of the Civil Service.
      (4)
An additional inspector acting within the authority conferred on him by the
Chief Inspector has all the powers of one of Her Majesty’s Inspectors of
Schools in England.
20
Remuneration, pensions etc.
3     (1)
There are to be paid to the Chief Inspector such remuneration, and such
travelling and other allowances, as the Secretary of State may determine.
      (2)
In the case of any such Chief Inspector as may be determined by the
Secretary of State, there is to be paid—
25
(a)
such pension, allowance or gratuity to or in respect of him, or
(b)
such contributions or payments towards provision for such a
pension, allowance or gratuity,

as may be so determined.
      (3)
If, when any person ceases to hold office as Chief Inspector, the Secretary of
30
State determines that there are special circumstances which make it right
that he should receive compensation, there may be paid to him such sum by
way of compensation as may be determined by the Secretary of State.
      (4)
Any determination of the Secretary of State under this paragraph requires
the approval of the Minister for the Civil Service.
35

Education Bill [HL]
Schedule 2 — Her Majesty’s Chief Inspector of Education and Training in Wales
68

Official seal
4
The Chief Inspector is to continue to have an official seal for the
authentication of documents required for the purposes of his functions.
Performance of functions
5     (1)
Anything authorised or required by or under this Part of this Act or any
5
other enactment to be done by the Chief Inspector may be done by—
(a)
any of Her Majesty’s Inspectors of Schools in England,
(b)
any other member of his staff, or
(c)
any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector.
10
      (2)
Without prejudice to the generality of sub-paragraph (1), the references to
the Chief Inspector in sections 4 and 9 (powers of entry) include references
to any person authorised to act on his behalf under sub-paragraph (1).
Documentary evidence
6
The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief
15
Inspector as if—
(a)
he were included in the first column of the Schedule to that Act,
(b)
he and any person authorised to act on his behalf were mentioned in
the second column of that Schedule, and
(c)
the regulations referred to in that Act included any document issued
20
by him or any such person.
Schedule 2
Section 18

Her Majesty’s Chief Inspector of Education and Training in Wales
Chief Inspector’s other staff
1
The Chief Inspector may, with the approval of the Assembly as to numbers
25
and terms and conditions of service, appoint such staff, in addition to
inspectors who are members of his staff by virtue of section 18(3), as he
thinks fit.
Additional inspectors
2     (1)
The Chief Inspector may arrange for such persons as he thinks fit to assist
30
him in the discharge of his functions in relation to a particular case or class
of case.
      (2)
Any person assisting the Chief Inspector under any such arrangements is to
be known as an additional inspector.
      (3)
Any arrangements which provide for assistance by persons who are not
35
members of the Chief Inspector’s staff must be made on terms agreed by him
with the Assembly.

Education Bill [HL]
Schedule 2 — Her Majesty’s Chief Inspector of Education and Training in Wales
69

      (4)
An additional inspector acting within the authority conferred on him by the
Chief Inspector has all the powers of one of Her Majesty’s Inspectors of
Education and Training in Wales.
Remuneration, pensions etc.
3     (1)
There are to be paid to the Chief Inspector such remuneration, and such
5
travelling and other allowances, as the Assembly may determine.
      (2)
In the case of any such Chief Inspector as may be determined by the
Assembly, there is to be paid—
(a)
such pension, allowance or gratuity to or in respect of him, or
(b)
such contributions or payments towards provision for such a
10
pension, allowance or gratuity,

as may be so determined.
      (3)
If, when any person ceases to hold office as Chief Inspector, the Assembly
determines that there are special circumstances which make it right that he
should receive compensation, there may be paid to him such sum by way of
15
compensation as may be determined by the Assembly.
Official seal
4
The Chief Inspector is to continue to have an official seal for the
authentication of documents required for the purposes of his functions.
Performance of functions
20
5     (1)
Anything authorised or required by or under this Part of this Act or any
other enactment to be done by the Chief Inspector may be done by—
(a)
any of Her Majesty’s Inspectors of Education and Training in Wales,
(b)
any other member of his staff, or
(c)
any additional inspector,
25

who is authorised generally or specially in that behalf by the Chief Inspector.
      (2)
Without prejudice to the generality of sub-paragraph (1), the references to
the Chief Inspector in section 22 include references to any person authorised
to act on his behalf under sub-paragraph (1).
Documentary evidence
30
6
The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief
Inspector as if—
(a)
he were included in the first column of the Schedule to that Act,
(b)
he and any person authorised to act on his behalf were mentioned in
the second column of that Schedule, and
35
(c)
the regulations referred to in that Act included any document issued
by him or any such person.