Education Bill [HL]

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
77

(ii)
the school is in Wales and the person
making the report is a member of the
Inspectorate,

to the appropriate authority for the school.”
(c)
for sub-paragraph (3) substitute—
5
    “(3)
The following provisions of the Education Act 2005 shall
apply (with the necessary modifications) in relation to a
report to which this paragraph applies—
(a)
in the case of a school in England—
(i)
section 13(2) (additional copies),
10
(ii)
section 13(4) (publication by appropriate
authority), and
(iii)
where the local education authority
receives a copy of a report about a school
the governing body of which have a
15
delegated budget, section 14(2) and (3)
(measures by local education authority),
and
(b)
in the case of a school in Wales—
(i)
section 37(2) (additional copies),
20
(ii)
section 37(4) (publication by appropriate
authority),
(iii)
section 38 (action plan by appropriate
authority),
(iv)
where the local education authority
25
receives a copy of a report about a school
the governing body of which have a
delegated budget, section 39(2) and (3)
(measures by local education authority).”
      (9)
For paragraph 7 substitute—
30
“7    (1)
Where a person who inspects a school is of the opinion that a
school requires significant improvement in relation to its sixth
form, the provisions specified in sub-paragraph (2) shall apply,
with the necessary modifications, as they apply where he is of the
opinion that special measures are required to be taken in relation
35
to the school.
      (2)
Those provisions are—
(a)
in the case of a school in England, section 12(3) of the
Education Act 2005 (duty of Chief Inspector to state
opinion in report), and
40
(b)
in the case of a school in Wales, section 33(1) to (6) of that
Act (registered inspectors) or, as the case requires, section
34(1) of that Act (members of the Inspectorate).”
     (10)
Omit paragraph 9.
     (11)
In paragraph 10—
45
(a)
in sub-paragraph (1)(b), for “has significant weaknesses in one or
more area of its activities” substitute “requires significant
improvement”, and
(b)
in sub-paragraph (3)—

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
78

(i)
for “the School Inspections Act 1996” substitute “Part 1 of the
Education Act 2005”, and
(ii)
for “section 10” substitute “section 5 or 27”.
     (12)
In paragraph 11—
(a)
for sub-paragraph (1) substitute—
5
    “(1)
Parts 2 and 3 of this Schedule shall apply—
(a)
in relation to a school in England, if a report of an
inspection of the school made under Chapter 1 of
Part 1 of the Education Act 2005 states—
(i)
in accordance with subsection (4) of section
10
12, an opinion that special measures are not
required to be taken in relation to the
school, and
(ii)
in accordance with subsection (3) of that
section, an opinion that the school requires
15
significant improvement,
(b)
in relation to a school in Wales, if—
(i)
a report of an inspection of the school made
under Chapter 3 of Part 1 of the Education
Act 2005 states in accordance with section
20
33(7) or 34(5) an opinion that special
measures are not required to be taken in
relation to the school,
(ii)
the report also states in accordance with
section 33(6) or 34(4) an opinion that the
25
school requires significant improvement,
and
(iii)
where the person making the report is not a
member of the Inspectorate, the report also
states that the Chief Inspector agrees with
30
his opinion.”
(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 that special
35
measures are required to be taken in relation to the
school or that the school requires significant
improvement,”, and
(ii)
at the beginning of paragraph (c) insert “in the case of a
school in Wales”.
40
     (13)
In paragraph 12—
(a)
in sub-paragraph (1)—
(i)
for “Part I of the School Inspections Act 1996” substitute
“Chapter 1 or 3 of Part 1 of the Education Act 2005”, and
(ii)
in paragraph (b), for “have significant weaknesses in one or
45
more areas of its activities” substitute “require significant
improvement”, and
(b)
in sub-paragraph (2), after “Where” insert “, in the case of a school in
Wales,”.
     (14)
In paragraph 13—
50

Education Bill [HL]
Schedule 5 — Sixth forms requiring significant improvement
79

(a)
for sub-paragraph (1) substitute—
    “(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, and
5
(b)
in the case of a school in Wales, is made by a
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—
10
“(b)
if either—
(i)
the school is in England, or
(ii)
the school is in Wales and the person
making the report is a member of the
Inspectorate,
15

to the appropriate authority for the school.”
(c)
for sub-paragraph (3) substitute—
    “(3)
The following provisions of the Education Act 2005 shall
apply (with the necessary modifications) in relation to a
report to which this paragraph applies—
20
(a)
in the case of a school in England—
(i)
section 13(2) (additional copies),
(ii)
section 13(4) (publication by appropriate
authority), and
(iii)
where the local education authority
25
receives a copy of a report about a school
the governing body of which have a
delegated budget, section 14(2) and (3)
(measures by local education authority),
and
30
(b)
in the case of a school in Wales—
(i)
section 37(2) (additional copies),
(ii)
section 37(4) (publication by appropriate
authority),
(iii)
section 38 (action plan by appropriate
35
authority),
(iv)
where the local education authority
receives a copy of a report about a school
the governing body of which have a
delegated budget, section 39(2) and (3)
40
(measures by local education authority).”
     (15)
Omit paragraph 14.

Education Bill [HL]
Schedule 6 — Inspections of denominational education in Wales
80

Schedule 6
Section 49

Inspections of denominational education in Wales
Interpretation
1
In this Schedule—
“inspection” means an inspection of a school under section 49;
5
“inspector” means the person conducting the inspection.
Inspectors’ reports
2     (1)
An inspection must be carried out within such period as may be prescribed.
      (2)
When an inspection has been completed, the inspector must, before the end
of the prescribed period, prepare in writing a report of the inspection and a
10
summary of the report.
      (3)
The inspector must, without delay, send the report and summary to the
governing body for the school concerned.
      (4)
The governing body must—
(a)
make any such report and its accompanying summary available for
15
inspection by members of the public, at such times and at such a
place as may be reasonable,
(b)
provide a copy of the report and summary, free of charge or in
prescribed cases on payment of such fee as they think fit (not
exceeding the cost of supply), to any person who asks for one, and
20
(c)
take such steps as are reasonably practicable to secure that every
parent of a registered pupil at the school—
(i)
for whom the school provides denominational education, or
(ii)
who takes part in an act of collective worship the content of
which falls to be inspected under section 49,
25

as the case may be, receives a copy of the summary as soon as is
reasonably practicable.
Action plans
3     (1)
The governing body to whom an inspector has reported under this Schedule
must, before the end of the prescribed period, prepare a written statement
30
(“the action plan”) of the action which they propose to take in the light of his
report and the period within which they propose to take it.
      (2)
Where an action plan has been prepared by a governing body, they must,
before the end of the prescribed period, send copies of it to the person who
appoints the school’s foundation governors, to the local education authority
35
and to such other persons (if any), in such circumstances, as may be
prescribed.
      (3)
The governing body must—
(a)
make any action plan prepared by them available for inspection by
members of the public, at such times and at such a place as may be
40
reasonable,

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 1 — Child minding and day care: amendments of Children Act 1989
81

(b)
provide a copy of the plan, free of charge or in prescribed cases on
payment of such fee as they think fit (not exceeding the cost of
supply) to any person who asks for one, and
(c)
take such steps as are reasonably practicable to secure that every
parent of a registered pupil at the school—
5
(i)
for whom the school provides denominational education, or
(ii)
who takes part in acts of collective worship the content of
which falls to be inspected under section 49,

as the case may be, receives a copy of the plan as soon as is
reasonably practicable.
10
      (4)
Where the governing body of a school have prepared an action plan, they
must include in their governors’ report under section 30 of the Education
Act 2002 (c. 32) a statement of the extent to which the proposals set out in the
plan have been carried into effect.
      (5)
Sub-paragraph (4) applies only in relation to the most recent action plan for
15
the school in question.
Schedule 7
Section 52

Inspection of child minding, day care and nursery education
Part 1
Child minding and day care: amendments of Children Act 1989
20
1     (1)
Section 79N of the Children Act 1989 (c. 41) (general functions of the Chief
Inspector) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
The Chief Inspector has the general duty of keeping the Secretary of
State informed about—
25
(a)
the quality and standards of child minding and day care
provided in England,
(b)
how far child minding and day care provided in England
meet the needs of the range of children for whom they are
provided,
30
(c)
the contribution made by child minding and day care
provided in England to the well-being of the children for
whom they are provided, and
(d)
the quality of leadership and management in connection with
the provision of day care in England.
35
(1A)
In subsection (1)(c), the reference to well-being is a reference to well-
being having regard to the matters mentioned in section 10(2) of the
Children Act 2004.”
      (3)
In subsection (6)—
(a)
for “subsection (7)(a) of section 2 of the School Inspections Act 1996”
40
substitute “section 3(a) of the Education Act 2005”, and

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 1 — Child minding and day care: amendments of Children Act 1989
82

(b)
for “subsection (7)(b) of that section” substitute “section 3(b) of that
Act”.
2
Omit section 79P of the Children Act 1989 (c. 41) (early years child care
inspectorate for England).
3     (1)
Section 79Q of the Children Act 1989 (c. 41) (inspection of provision of child
5
minding and day care in England) is amended as follows.
      (2)
In subsection (1), for “provision” substitute “provider”.
      (3)
In subsection (2), omit “or secure the inspection by a registered inspector of”.
      (4)
In subsection (3), omit “or secure the inspection by a registered inspector of”.
      (5)
Omit subsection (4).
10
      (6)
For subsection (6) substitute—
“(6)
When conducting an inspection under this section the Chief
Inspector shall report in writing on—
(a)
the quality and standards of the child minding or day care
provided,
15
(b)
how far the child minding or day care meets needs of the
range of children for whom it is provided,
(c)
the contribution made by the child minding or day care to the
well-being of the children for whom it is provided, and
(d)
in the case of day care, the quality of leadership and
20
management in connection with its provision.
(6A)
In subsection (6)(c), the reference to well-being is a reference to well-
being having regard to the matters mentioned in section 10(2) of the
Children Act 2004.”
      (7)
Omit subsection (7).
25
4     (1)
Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is
amended as follows.
      (2)
Omit subsections (1) and (2).
      (3)
For subsection (3) substitute—
“(3)
Where the Chief Inspector reports on an inspection under section
30
79Q he—
(a)
may send a copy of the report to the Secretary of State, and
shall do so without delay if the Secretary of State requests a
copy;
(b)
shall ensure that copies of the report, or such parts of it as he
35
considers appropriate, are sent to any prescribed authorities
or persons; and
(c)
may arrange for the report (or parts of it) to be further
published in any manner he considers appropriate”.
      (4)
After subsection (3) insert—
40
“(3A)
Regulations may require any prescribed authority or other person to
whom a copy of the report is sent under subsection (3)(b) to make a

Education Bill [HL]
Schedule 7 — Inspection of child minding, day care and nursery education
Part 2 — Nursery education: amendments of School Standards and Framework Act 1998
83

copy of the report available for inspection by such other persons as
may be prescribed.”
      (5)
For subsection (4) substitute—
“(4)
Subsections (2) to (4) of section 10 of the Education Act 2005
(publication of inspection reports) shall apply in relation to the
5
publication of a report under subsection (3) as they apply in relation
to the publication of a report under any of the provisions mentioned
in subsection (2) of section 10.”
5     (1)
Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended
as follows.
10
      (2)
In subsection (2)(a), omit “the quality and standards of”.
      (3)
In subsection (4) for “section 42A of the School Inspections Act 1996”
substitute “section 28 of the Education Act 2005”.
6
In section 79U of the Children Act 1989 (c. 41) (rights of entry etc.) in
subsection (4), for “Section 42 of the School Inspections Act 1996” substitute
15
“Section 57 of the Education Act 2005”.
Part 2
Nursery education: amendments of School Standards and Framework Act
1998
7     (1)
Section 122 of the School Standards and Framework Act 1998 (c. 31)
20
(inspection of nursery education) is amended as follows.
      (2)
In subsection (3), for “the Chief Inspector” substitute “the Chief Inspector for
Wales”.
      (3)
In subsection (4), for ““the Chief Inspector” means Her Majesty’s Chief
Inspector of Schools in England or” substitute ““the Chief Inspector for
25
Wales” means”.
8
Schedule 26 to the School Standards and Framework Act 1998 (c. 31)
(inspection of nursery education) is amended as follows.
9     (1)
Paragraph 2 is amended as follows.
      (2)
For sub-paragraph (1) substitute—
30
    “(1)
In this Schedule—
(a)
“the Chief Inspector for England” means Her Majesty’s
Chief Inspector of Schools in England,
(b)
“the Chief Inspector for Wales” means Her Majesty’s Chief
Inspector of Education and Training in Wales, and
35
(c)
“the Chief Inspector” (without more) means—
(i)
as respects nursery education provided in
England, the Chief Inspector for England, and
(ii)
as respects nursery education provided in Wales,
the Chief Inspector for Wales.”
40
      (3)
In sub-paragraph (2), after “registered” insert “Welsh”.