Education Bill [HL]

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Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 3 — Registration of inspectors in Wales: tribunals hearing appeals under section 26
70

Schedule 3
Section 26

Registration of inspectors in Wales: tribunals hearing appeals under section
26
Constitution of tribunals
1     (1)
A tribunal constituted to hear an appeal under section 26 (“a tribunal”) is to
5
consist of—
(a)
a chairman appointed by the Lord Chancellor, and
(b)
two other members appointed by the Assembly.
      (2)
To be qualified for appointment as chairman of a tribunal, a person must
have a 7 year general qualification (within the meaning of section 71 of the
10
Courts and Legal Services Act 1990 (c. 41)).
      (3)
A person may not be appointed after the day on which he attains the age of
70 to be the chairman of a tribunal.
Procedure of tribunals
2     (1)
The Assembly may by regulations make provision with respect to the
15
making of appeals to, and the procedure to be followed by, tribunals.
      (2)
The regulations may, in particular, make provision—
(a)
as to the period within which, and manner in which, appeals must be
brought,
(b)
for the holding of hearings in private in prescribed circumstances,
20
(c)
as to the persons who may appear on behalf of the parties,
(d)
for enabling hearings to be conducted even though a member of the
tribunal, other than the chairman, is absent,
(e)
as to the disclosure by the appellant, and others, of documents and
the inspection of documents,
25
(f)
requiring persons to attend the proceedings and give evidence,
(g)
as to the payment of expenses incurred by persons compelled to
attend proceedings by regulations made by virtue of paragraph (f),
(h)
authorising the administration of oaths to witnesses,
(i)
as to the withdrawal of appeals,
30
(j)
as to costs and expenses incurred by any party to the proceedings,
and
(k)
authorising preliminary or incidental matters in relation to an appeal
to be dealt with by the chairman of the tribunal hearing that appeal.
Staff
35
3
The Assembly may make such provision as the Assembly thinks fit for—
(a)
the allocation of staff for any tribunal,
(b)
the remuneration of members of tribunals and the reimbursement of
their expenses,
(c)
defraying any reasonable expenses incurred by any tribunal.
40

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 27
71

Schedule 4
Section 27

School inspections in Wales under section 27
Interpretation
1
In this Schedule—
“appropriate authority” means—
5
(a)
in relation to a community, foundation or voluntary school, a
community or foundation special school or a maintained
nursery school, the school’s governing body or, if the school
does not have a delegated budget, the local education authority,
and
10
(b)
in relation to a school falling within section 27(2)(d), the
proprietor of the school;
“inspection” means an inspection under section 27.
Selection of registered inspectors
2     (1)
Before entering into any arrangement for an inspection by a registered
15
inspector, the Chief Inspector must invite tenders from at least two persons
who can reasonably be expected to tender for the proposed inspection and
to do so at arm’s length from each other, and each of whom is either—
(a)
a registered inspector, or
(b)
a person who the Chief Inspector is satisfied would, if his tender
20
were successful, arrange with a registered inspector for the
inspection to be carried out.
      (2)
Before an inspection takes place the Chief Inspector must consult the
appropriate authority about the inspection.
Inspection teams
25
3     (1)
Every inspection must be conducted by a registered inspector or member of
the Inspectorate with the assistance of a team (“an inspection team”); and no
person may act as a member of an inspection team unless—
(a)
he is enrolled in the list kept by the Chief Inspector under paragraph
4, or
30
(b)
he is a member of the Inspectorate and (if he is not the Chief
Inspector) is authorised so to act by the Chief Inspector.
      (2)
It is the duty of the inspector conducting the inspection to ensure that—
(a)
at least one member of the inspection team is a person—
(i)
without personal experience in the management of any
35
school or in the provision of education in any school
(otherwise than as a governor or in any other voluntary
capacity), and
(ii)
whose primary function on the team is not that of providing
financial or business expertise, and
40
(b)
no member of the inspection team falls within a category of person
prescribed for the purposes of this sub-paragraph.
      (3)
Otherwise, the composition of the inspection team is to be determined by the
inspector conducting the inspection, subject (in the case of a registered

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 27
72

inspector) to his complying with any condition imposed under section
24(4)(c).
      (4)
Any experience of a kind mentioned in sub-paragraph (2)(a) which it is
reasonable to regard as insignificant, having regard to the purposes of sub-
paragraph (2), may be ignored by the inspector conducting the inspection.
5
      (5)
It is the duty of the inspector conducting the inspection to ensure that no
person takes part in an inspection if he has, or has at any time had, any
connection with—
(a)
the school in question,
(b)
any person who is employed at the school,
10
(c)
any person who is a member of the school’s governing body, or
(d)
the proprietor of the school,

of a kind which might reasonably be taken to raise doubts about his ability
to act impartially in relation to that school.
Enrolment of persons to act as team members
15
4     (1)
The Chief Inspector must keep a list of persons who may act as members of
an inspection team by virtue of paragraph 3(1)(a) (“the list”).
      (2)
The Chief Inspector may not enrol any person in the list unless, having
regard to any conditions that he proposes to impose under section 24(4)(c)
(as it applies in accordance with sub-paragraph (4) of this paragraph), it
20
appears to him that that person—
(a)
is a fit and proper person for carrying out an inspection, and
(b)
will be capable of assisting in an inspection competently and
effectively.
      (3)
An application for enrolment in the list must (except in such circumstances
25
as may be prescribed) be accompanied by the prescribed fee.
      (4)
Subsections (3)(a), (4), (5)(b) and (6) to (9) of section 24 apply in relation to
the enrolment of a person in the list and acting as a member of an inspection
team as they apply in relation to the registration of a person under
subsection (1) of that section and to acting as a registered inspector, but as if
30
the reference in subsection (5)(b) of that section to the need for registered
inspectors were a reference to the need for enrolled persons.
      (5)
Sections 25 and 26 and Schedule 3 apply in relation to enrolment on the list
and to a person so enrolled as they apply in relation to registration under
section 24(1) and to a person so registered, but with any necessary
35
modifications.
      (6)
In its application to an enrolled person in accordance with sub-paragraph
(5), section 25 has effect as if the conditions mentioned in subsection (2) of
that section were that—
(a)
that person is no longer a fit and proper person to act as a member of
40
an inspection team;
(b)
he is no longer capable of assisting in an inspection competently and
effectively;
(c)
there has been a significant failure on his part to comply with any
condition imposed under section 24(4)(c) (as it applies in accordance
45
with sub-paragraph (4)).

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 27
73

      (7)
Without prejudice to the generality of paragraph 2(1) of Schedule 3,
regulations under that provision may provide that, where a person is
appealing simultaneously —
(a)
against a decision of the Chief Inspector relating to that person’s
registration, and
5
(b)
against a decision of the Chief Inspector relating to that person’s
enrolment in the list,

both appeals are to be heard at the same time.
Training for inspections
5     (1)
No person who is not a member of the Inspectorate may conduct an
10
inspection of a school in Wales, or act as a member of an inspection team for
such a school, unless he has, in the opinion of the Chief Inspector,
satisfactorily completed a course of training provided by, or complying with
arrangements approved by, the Chief Inspector.
      (2)
Where the Chief Inspector provides such training he may charge such fees
15
as are reasonable for the purpose of recovering the whole, or part, of the cost
of providing it.
      (3)
Sub-paragraph (1) does not apply in such circumstances as may be specified,
either generally or in relation to a particular case or class of case, by the Chief
Inspector.
20
Meeting with parents
6
Where an inspection is arranged, the appropriate authority for the school
concerned must—
(a)
take such steps as are reasonably practicable to notify—
(i)
the parents of registered pupils at the school, and
25
(ii)
such other persons as may be prescribed,

of the time when the inspection is to take place, and
(b)
arrange a meeting, in accordance with such provisions as may be
prescribed, between the inspector conducting the inspection and
those parents of registered pupils at the school who wish to attend.
30
Rights of entry etc.
7     (1)
An inspector conducting an inspection, and the members of his inspection
team, have at all reasonable times—
(a)
a right of entry to the premises of the school concerned, and
(b)
a right to inspect, and take copies of, any records kept by the school,
35
and any other documents containing information relating to the
school, which he requires for the purposes of the inspection.
      (2)
Where—
(a)
pupils registered at the school concerned are, by arrangement with
another school, receiving part of their education at the other school,
40
and
(b)
the inspector is satisfied that he cannot properly discharge his duty
under section 27(5) in relation to the school concerned without
inspecting the provision made for those pupils at that other school,

Education Bill [HL]
Schedule 4 — School inspections in Wales under section 27
74


sub-paragraph (1) applies in relation to that other school as it applies in
relation to the school concerned.
      (3)
An inspector conducting an inspection of a school, and the members of his
inspection team, also have at all reasonable times—
(a)
a right of entry to any premises (other than school premises) on
5
which, by virtue of arrangements made by the school, any pupils
who—
(i)
are registered at the school, and
(ii)
have attained the age of 15, or will attain that age in the
current school year, but have not ceased to be of compulsory
10
school age,

are receiving part of their education from any person (“the
provider”);
(b)
a right of entry to any premises of the provider used in connection
with the provision by him of that education, and
15
(c)
a right to inspect and take copies of—
(i)
any records kept by the provider relating to the provision of
that education, and
(ii)
any other documents containing information so relating,

which the inspector or (as the case may be) member of the team
20
requires for the purposes of the inspection.
Offence of obstructing inspector or inspection team
8     (1)
It is an offence intentionally to obstruct—
(a)
the inspector conducting the inspection, or
(b)
a member of an inspection team,
25

in the exercise of his functions in relation to an inspection of a school.
      (2)
A person guilty of an offence under sub-paragraph (1) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
Replacement of inspector during course of inspection
9     (1)
This paragraph applies to an inspection where, at any time—
30
(a)
after the meeting required by paragraph 6 is held, but
(b)
before the making of the report of the inspection is completed,

the inspector conducting the inspection becomes (for any reason) unable to
continue to discharge his functions as an inspector in relation to the
inspection.
35
      (2)
If the conditions set out in sub-paragraph (3) are satisfied—
(a)
the Chief Inspector may arrange for that person to be replaced as the
inspector conducting the inspection by another person who is either
a registered inspector or a member of the Inspectorate, and
(b)
if he does so, anything done by or in relation to that person in
40
connection with the inspection is, so far as necessary for his effectual
replacement by that other inspector, to be regarded as done by or in
relation to that other inspector.
      (3)
The conditions are—

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
75

(a)
that the appropriate authority for the school concerned have given
the Chief Inspector notice in writing of their agreement to the
inspector mentioned in sub-paragraph (1) being replaced under this
paragraph, and
(b)
that the replacement inspector does not have, and has not at any time
5
had, any connection of the kind mentioned in paragraph 3(5) with
the school in question or with any other person mentioned there.
Schedule 5
Section 45

Sixth forms requiring significant improvement
1
In this Schedule “the 2000 Act” means the Learning and Skills Act 2000
10
(c. 21).
2     (1)
Section 113 of the 2000 Act (inadequate sixth-forms) is amended as follows.
      (2)
In subsection (1), and in the heading to the section, for “inadequate sixth-
forms” substitute “sixth forms requiring significant improvement”.
      (3)
For subsection (2) substitute—
15
“(2)
Expressions used in that Schedule and in Chapter 2 or 4 of Part 1 of
the Education Act 2005 have—
(a)
in relation to schools in England, the same meaning as in
Chapter 2 of that Part, and
(b)
in relation to schools in Wales, the same meaning as in
20
Chapter 4 of that Part.”
3     (1)
Schedule 7 to the 2000 Act (inadequate sixth forms) is amended as follows.
      (2)
For the heading to the Schedule, substitute “Sixth forms requiring
significant improvement”.
      (3)
In paragraph 1, for sub-paragraph (2) substitute—
25
    “(2)
For the purposes of those paragraphs a school requires significant
improvement in relation to its sixth form if—
(a)
the school is failing to give its pupils over compulsory
school age an acceptable standard of education, or
(b)
in relation to its provision for pupils over compulsory
30
school age, the school is performing significantly less well
than it might in all the circumstances reasonably be
expected to perform.”
      (4)
For paragraph 2 substitute—
“2
If a person who inspects a school—
35
(a)
states in his report an opinion, in accordance with section
12(4), 33(7) or 34 (2) or (5) of the Education Act 2005 (school
no longer requiring special measures), that special
measures are not required to be taken in relation to the
school, but
40
(b)
is of the opinion that the school requires significant
improvement in relation to its sixth form,

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
76


he shall state that opinion in his report.”
      (5)
In paragraph 3—
(a)
in sub-paragraph (1) for “has an inadequate sixth-form” substitute
“requires significant improvement in relation to its sixth form”, and
(b)
for sub-paragraph (3) substitute—
5
    “(3)
The report shall be treated for all purposes of this Schedule
and Part 1 of the Education Act 2005 (inspections) as if it
were a report of an inspection of a school under section 5
or 27 of that Act.”
      (6)
In paragraph 4—
10
(a)
in sub-paragraph (1)—
(i)
in paragraph (a), for “has an inadequate sixth form”
substitute “requires significant improvement in relation to its
sixth form”, and
(ii)
in paragraph (b), after “where” insert “the report relates to a
15
school in Wales and”,
(b)
in sub-paragraph (2)—
(i)
for paragraph (a) substitute—
“(a)
a report of an inspection under Chapter 1 or 3 of
Part 1 of the Education Act 2005 states the opinion
20
that the school requires significant improvement in
relation to its sixth form,”, and
(ii)
at the beginning of paragraph (c) insert “in the case of a
school in Wales”.
      (7)
In paragraph 5—
25
(a)
in sub-paragraph (1)—
(i)
for “Part I of the Schools Inspection Act 1996” substitute
“Chapter 1 or 3 of Part 1 of the Education Act 2005”, and
(ii)
in paragraph (b), for “have an inadequate sixth-form”
substitute “require significant improvement in relation to its
30
sixth form”, and
(b)
in sub-paragraph (2), after “Where” insert “, in the case of a school in
Wales,”.
      (8)
In paragraph 6—
(a)
for sub-paragraph (1) substitute—
35
    “(1)
This paragraph applies to a report of an inspection under
Chapter 1 or 3 of Part 1 of the Education Act 2005 which—
(a)
states an opinion that a school requires significant
improvement in relation to its sixth form, and
(b)
in the case of a school in Wales, is made by a
40
member of the Inspectorate or states that the Chief
Inspector agrees with the opinion mentioned in
paragraph (a).”,
(b)
in sub-paragraph (2), for paragraph (b) substitute—
“(b)
if either—
45
(i)
the school is in England, or