Education Bill [HL]

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

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
84

      (4)
For sub-paragraph (3) substitute—
    “(3)
In this Schedule “members of the Welsh Inspectorate” means—
(a)
the Chief Inspector for Wales,
(b)
Her Majesty’s Inspectors of Education and Training in
Wales, and
5
(c)
additional inspectors with whom the Chief Inspector for
Wales has made arrangements to give him assistance
under paragraph 2 of Schedule 2 to the Education Act
2005.”
      (5)
Omit sub-paragraph (4).
10
      (6)
At the end insert—
    “(5)
In this Schedule “well-being”—
(a)
in relation to children for whom nursery education is
provided in England, is a reference to their well-being
having regard to the matters mentioned in section 10(2) of
15
the Children Act 2004, and
(b)
in relation to children for whom such education is
provided in Wales, is a reference to their well-being having
regard to the matters mentioned in section 25(2) of that
Act.”
20
10
In paragraph 3, before the “and” immediately following paragraph (a)
insert—
“(aa)
how far relevant nursery education meets the
needs of the range of children for whom it is
provided,
25
(ab)
the quality of leadership and management in
connection with the provision of relevant
nursery education,
(ac)
the contribution of relevant nursery education
to the well-being of the children for whom it is
30
provided,”.
11
For paragraphs 6 and 7 substitute—
“Inspections in England
6A    (1)
The Chief Inspector for England—
(a)
shall at such intervals as may be prescribed inspect
35
relevant nursery education provided in England,
(b)
shall inspect relevant nursery education, or nursery
education under consideration for funding, provided in
England, at any time when the Secretary of State requires
the Chief Inspector for England to secure its inspection,
40
and
(c)
may inspect relevant nursery education, or nursery
education under consideration for funding, provided in
England, at any other time when the Chief Inspector for
England considers that it would be appropriate for it to be
45
inspected.

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
85

      (2)
Sub-paragraph (1)(a) does not apply to nursery education
provided at a school to which section 5 of the Education Act 2005
(inspections of certain schools) applies.
      (3)
A requirement such as is mentioned in sub-paragraph (1)(b) may
be imposed in relation to nursery education provided at particular
5
premises or a class of premises.
Inspections in Wales
6B    (1)
The Chief Inspector for Wales—
(a)
shall secure that relevant nursery education provided in
Wales is inspected by a member of the Welsh Inspectorate
10
or a registered Welsh nursery education inspector at such
intervals as may be prescribed,
(b)
shall secure that relevant nursery education, or nursery
education under consideration for funding, provided in
Wales is inspected by a member of the Welsh Inspectorate
15
or a registered Welsh nursery education inspector at any
time when the National Assembly for Wales requires the
Chief Inspector for Wales to secure its inspection, and
(c)
may secure that any relevant nursery education, or
nursery education under consideration for funding,
20
provided in Wales is inspected by a member of the Welsh
Inspectorate or a registered Welsh nursery education
inspector at any other time when the Chief Inspector for
Wales considers that it would be appropriate for it to be
inspected.
25
      (2)
Sub-paragraph (1)(a) does not apply to nursery education
provided at a school to which section 27 of the Education Act 2005
(duty to arrange regular inspections of certain schools) applies.
      (3)
The Chief Inspector for Wales may comply with sub-paragraph (1)
either by organising inspections or by making arrangements with
30
others for them to organise inspections.
      (4)
A requirement such as is mentioned in sub-paragraph (1)(b) may
relate to nursery education provided at particular premises or a
class of premises.
Reports of inspections under paragraph 6A or 6B
35
7
A person conducting an inspection under paragraph 6A or 6B
shall report on—
(a)
the quality and standards of the nursery education
provided,
(b)
how far that nursery education meets the needs of the
40
range of children for whom the education is provided,
(c)
the quality of leadership and management in connection
with the provision of the nursery education,
(d)
the contribution made by that nursery education to the
well-being of those children, and
45

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
86

(e)
so far as it is reasonably practicable to do so, the spiritual,
moral, social and cultural development of the children for
whom the nursery education is provided.”
12
At the end of the heading before paragraph 8 insert “for Wales”.
13    (1)
Paragraph 8 is amended as follows.
5
      (2)
In sub-paragraph (1), omit the words from the beginning to “England and”.
      (3)
After “Chief Inspector” wherever occurring in sub-paragraphs (2) to (8)
insert “for Wales”.
      (4)
In sub-paragraph (2)—
(a)
for “6” (in both places) substitute “6B”, and
10
(b)
in paragraph (a), after “registered” insert “Welsh”.
      (5)
In sub-paragraph (3)—
(a)
in paragraph (a), after “registered” insert “Welsh”, and
(b)
in paragraph (b), for “6” substitute “6B”.
      (6)
In sub-paragraph (5), omit “England and”.
15
      (7)
In sub-paragraph (7), for “registered nursery education inspector” substitute
“registered Welsh nursery education inspector”.
14    (1)
Paragraph 9 is amended as follows.
      (2)
In sub-paragraph (1), after “Chief Inspector” insert “for Wales”.
      (3)
In sub-paragraph (2)—
20
(a)
in paragraph (a), after “registered” insert “Welsh”, and
(b)
in paragraphs (a) and (d), for “6” substitute “6B”.
      (4)
In sub-paragraph (3), after “Chief Inspector” insert “for Wales”.
      (5)
Omit sub-paragraph (5).
15    (1)
Paragraph 10 is amended as follows.
25
      (2)
In sub-paragraph (1), after “Chief Inspector” insert “for Wales”.
      (3)
Omit sub-paragraph (1A).
      (4)
For sub-paragraph (2) substitute—
    “(2)
An appeal under sub-paragraph (1) shall be made to a tribunal
with the same constitution as a tribunal to hear an appeal under
30
section 26 of the Education Act 2005; and paragraph 2 (procedure)
and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals
to hear appeals under sub-paragraph (1) as they apply to tribunals
to hear appeals under that section.”
      (5)
In sub-paragraphs (4) and (5) after “Chief Inspector” insert “for Wales”.
35
16
For the heading before paragraph 11 substitute “Training of registered
Welsh nursery education inspectors”.
17    (1)
Paragraph 11 is amended as follows.
      (2)
In sub-paragraph (1)—

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
87

(a)
after “registered” insert “Welsh”, and
(b)
after “Chief Inspector”, in both places, insert “for Wales”.
      (3)
In sub-paragraphs (2) and (3), after “Chief Inspector” insert “for Wales”.
18
In paragraph 12, for “6” substitute “6B”.
19
For paragraph 13 (and the heading immediately preceding it) substitute—
5
“Reports of inspections: England
13A   (1)
After an inspection under paragraph 6A, the Chief Inspector for
England shall—
(a)
make a report in writing, and
(b)
ensure that a copy of the report is sent without delay to
10
such authorities and persons as may be prescribed.
      (2)
Regulations may require any prescribed person to whom a copy of
the report is sent under subsection (1)(b) to make a copy of the
report available for inspection by prescribed persons.
      (3)
Subsections (2) to (4) of section 10 of the Education Act 2005 shall
15
apply in relation to the publication of any such report in relation
to England as they apply in relation to the publication of a report
under any of the provisions mentioned in subsection (2) of that
section.
Reports of inspections: Wales
20
13B   (1)
Where a person has conducted an inspection under paragraph 6B
he shall make his report in writing to the Chief Inspector for Wales
within such period as may be prescribed, subject to any extension
not exceeding three months which the Chief Inspector for Wales
may consider necessary.
25
      (2)
Once the report of an inspection has been made to the Chief
Inspector for Wales under sub-paragraph (1) he shall without
delay send a copy to such authorities and persons as may be
prescribed.
      (3)
Regulations may require any prescribed person to whom a copy of
30
the report is sent under subsection (2) to make a copy of the report
available for inspection by prescribed persons.
      (4)
Subsections (2) to (4) of section 28 of the Education Act 2005 shall
apply in relation to the publication of any such report in relation
to Wales as they apply in relation to the publication of a report
35
under any of the provisions mentioned in subsection (2) of that
section.”
20
For paragraph 14 substitute—
“14   (1)
The annual report of the Chief Inspector for England required by
paragraph (a) of section 3 of the Education Act 2005 to be made to
40
the Secretary of State shall include an account of the exercise of the
functions conferred or imposed on him by or under this Schedule;
and the power conferred by paragraph (b) of that section to make
other reports to the Secretary of State includes a power to make

Education Bill [HL]
Schedule 8 — Inspection of independent schools
88

reports which fall within the scope of his functions by virtue of this
Schedule.
      (2)
The annual report of the Chief Inspector for Wales required by
subsection (1)(a) of section 20 of the Education Act 2005 to be made
to the National Assembly for Wales shall include an account of the
5
exercise of the functions conferred or imposed on him by or under
this Schedule; and the power conferred by subsection (1)(b) of that
section to make other reports to the Assembly includes a power to
make reports which fall within the scope of his functions by virtue
of this Schedule.”
10
21
In paragraph 16, for “6” substitute “6A or 6B”.
22
For paragraph 17 substitute—
“17
Where an inspection in Wales is being conducted by a registered
Welsh nursery education inspector under paragraph 6B, the Chief
Inspector for Wales may arrange for the inspection to be
15
monitored by one or more members of the Welsh Inspectorate.”
23    (1)
Paragraph 18 is amended as follows.
      (2)
For sub-paragraph (1) substitute—
    “(1)
This paragraph applies to—
(a)
the Chief Inspector for England when conducting an
20
inspection under paragraph 6A,
(b)
a registered Welsh nursery education inspector or member
of the Welsh Inspectorate conducting an inspection under
paragraph 6B, or
(c)
a member of the Welsh Inspectorate monitoring under
25
paragraph 17 an inspection under paragraph 6B.”
      (3)
For sub-paragraphs (3) and (4) substitute—
“(3)
Section 57 of the Education Act 2005 (inspection of computer records
for the purposes of Part 1 of that Act) shall apply for the purposes of
this paragraph as it applies for the purposes of Part 1 of that Act.
30
(4)
It shall be an offence—
(a)
intentionally to obstruct the Chief Inspector for England in
the exercise of his functions in relation to an inspection under
paragraph 6A, or
(b)
intentionally to obstruct a member of the Welsh Inspectorate
35
or a registered Welsh nursery education inspector in the
exercise of his functions in relation to an inspection under
paragraph 6B.”
Schedule 8
Section 53

Inspection of independent schools
40
1
In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).

Education Bill [HL]
Schedule 8 — Inspection of independent schools
89

2
After section 162 of the 2002 Act insert—
“162A
  Power to inspect registered schools in England
(1)
The registration authority may at any time—
(a)
require the Chief Inspector for England to inspect any
registered school in England, or
5
(b)
arrange for the inspection of any registered school in England
by a body approved by the registration authority for the
purposes of this subsection.
(2)
The inspection of a school under this section shall relate to—
(a)
such of the independent school standards as are, at the time
10
of the inspection, specified by the registration authority for
the purposes of this section in relation to any category of
school into which that school falls, or
(b)
if the registration authority so determines, such of the
independent school standards as the registration authority
15
may specify in relation to that school.
(3)
When conducting an inspection under this section, the Chief
Inspector for England shall—
(a)
make a report to the registration authority on the extent to
which the school meets the standard or standards to which
20
the inspection relates, and
(b)
if the registration authority so requires, arrange for the
publication of the report in the prescribed manner.
(4)
A report published under subsection (3) is privileged for the
purposes of the law of defamation unless the publication is shown to
25
be made with malice (but without prejudice to any privilege
subsisting apart from this subsection).
(5)
In this section and section 162B “the Chief Inspector for England”
means Her Majesty’s Chief Inspector of Schools in England.
162B
Inspections under section 162A: supplementary
30
(1)
This section applies to the inspection of a school which is conducted
by the Chief Inspector for England under section 162A(1)(a).
(2)
The Chief Inspector for England shall have at all reasonable times—
(a)
a right of entry to the premises of the school, and
(b)
a right to inspect and take copies of any records kept by the
35
school and any other documents containing information
relating to the school which are required for the purposes of
the inspection.
(3)
Section 57 of the Education Act 2005 (computer records) applies in
relation to the inspection of records or other documents under
40
subsection (2)(b).
(4)
It is an offence intentionally to obstruct a person in the exercise of his
functions in relation to the inspection.
(5)
A person guilty of an offence under subsection (4) is liable on
summary conviction to a fine not exceeding level 4 on the standard
45
scale.

Education Bill [HL]
Schedule 8 — Inspection of independent schools
90

(6)
The proprietor of the school shall pay the Chief Inspector for
England, in respect of the inspection, a fee of such amount, and by
such time, as may be specified in or determined under regulations.
(7)
Where the proprietor fails to comply with subsection (6), the
registration authority may remove the school from the register.
5
(8)
The Chief Inspector for England shall pay the amount of any fee
received under subsection (7) into the Consolidated Fund.”
3
For sections 163 and 164 of the 2002 Act substitute—
“163
Power to inspect registered schools in Wales
(1)
The registration authority may at any time—
10
(a)
require the Chief Inspector for Wales to inspect any
registered school in Wales, or to secure its inspection by one
or more registered inspectors, or
(b)
arrange for the inspection of any registered school by a body
approved by the registration authority for the purposes of
15
this subsection.
(2)
The inspection of a school under this section shall relate to—
(a)
such of the independent school standards as are, at the time
of the inspection, specified by the registration authority for
the purposes of this section in relation to any category of
20
school into which that school falls, or
(b)
if the registration authority so determines, such of the
independent school standards as the registration authority
may specify in relation to that school.
(3)
A person who conducts an inspection under this section shall—
25
(a)
make a report to the registration authority on the extent to
which the school meets the standard or standards to which
the inspection relates, and
(b)
if the registration authority so requires, arrange for the
publication of the report in the prescribed manner.
30
(4)
A report published under subsection (3) is privileged for the
purposes of the law of defamation unless the publication is shown to
be made with malice (but without prejudice to any privilege
subsisting apart from this subsection).
(5)
In this section and section 164—
35
“the Chief Inspector for Wales” means Her Majesty’s Chief
Inspector of Education and Training in Wales;
“registered inspector” means a person registered under section
24 of the Education Act 2005.
164
Inspections under section 163: supplementary
40
(1)
This section applies to the inspection of a school which is conducted
by the Chief Inspector for Wales or a registered inspector under
section 163(1)(a).
(2)
If the inspection is conducted by a registered inspector—
(a)
he may, by agreement with the Chief Inspector for Wales, be
45
assisted by the Chief Inspector for Wales, and