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Education Bill [HL]


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

91

 

(b)   

he may be assisted by such one or more persons enrolled in

the list kept under paragraph 4 of Schedule 4 to the Education

Act 2005 as he may determine, subject to paragraph 3(5) of

that Schedule and subsection (3) below.

(3)   

If the Chief Inspector for Wales so requires, a registered inspector

5

shall be assisted by at least one person enrolled in the list referred to

in subsection (2)(b)—

(a)   

who is without personal experience in the management of

any school or the provision of education in any school

(otherwise than as a governor or in any other voluntary

10

capacity, and disregarding any experience which it is

reasonable to regard as insignificant), and

(b)   

whose primary function in the inspection is not that of

providing financial or business expertise.

(4)   

If the inspection is conducted by a registered inspector, it may be

15

monitored by the Chief Inspector for Wales.

(5)   

The person conducting the inspection, any person assisting him

pursuant to subsection (2) or (3) and any person monitoring the

inspection shall have at all reasonable times—

(a)   

a right of entry to the premises of the school, and

20

(b)   

a right to inspect and take copies of any records kept by the

school and any other documents containing information

relating to the school which are required for the purposes of

the inspection.

(6)   

Section 57 of the Education Act 2005 (computer records) applies in

25

relation to the inspection of records or other documents under

subsection (5)(b).

(7)   

It is an offence intentionally to obstruct a person in the exercise of his

functions in relation to the inspection.

(8)   

A person guilty of an offence under subsection (7) is liable on

30

summary conviction to a fine not exceeding level 4 on the standard

scale.

(9)   

The proprietor of the school shall pay the Chief Inspector for Wales,

in respect of the inspection, a fee of such amount, and by such time,

as may be specified in or determined under regulations.

35

(10)   

Where the proprietor fails to comply with subsection (9), the

registration authority may remove the school from the register.

(11)   

The Chief Inspector for Wales shall pay the amount of any fee

received under subsection (9) into the Consolidated Fund.

(12)   

Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the

40

Government of Wales Act 1998 (Treasury power to direct that

requirement for payment into Consolidated Fund not to apply in

relation to specified sums received by the Chief Inspector for

Wales).”

4          

In section 165 of the 2002 Act (failure to meet standards), in subsection (1)(a),

45

after “section” insert “162A or”.

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

92

 

5          

In section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit

the definition of “registered inspector”.

Schedule 9

Section 60

 

Further amendments relating to school inspection

Parliamentary Commissioner Act 1967 (c. 13)

5

1          

Schedule 2 to the Parliamentary Commissioner Act 1967 is to continue to

include the following entry (originally inserted by paragraph 8 of Schedule

1 to the Education (Schools) Act 1992 and continued in force by paragraph 1

of Schedule 6 to the School Inspections Act 1996)—

“Office of Her Majesty’s Chief Inspector of Schools in England.”

10

Employment and Training Act 1973 (c. 50)

2     (1)  

Section 10B of the Employment and Training Act 1973 (inspection) is

amended as follows.

      (2)  

For subsection (6) substitute—

“(6)   

A person carrying out or participating in the inspection shall have

15

the same powers as the Chief Inspector has under the following

provisions of the Education Act 2005—

(a)   

section 9(1)(a) and (d) (right of access), and

(b)   

section 57 (computer records).”

      (3)  

In subsection (7), for “Section 42A of the 1996 Act” substitute “Section 10 of

20

the Education Act 2005”.

House of Commons Disqualification Act 1975 (c. 24)

3          

Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 is

to continue to include the following entries (originally inserted by

paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in

25

force by paragraph 2 of Schedule 6 to the School Inspections Act 1996 and

amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000)—

“Her Majesty’s Chief Inspector of Schools in England.

Her Majesty’s Chief Inspector of Education and Training in

Wales or Prif Arolgydd Ei Mawrhydi dros Addysg a

30

Hyfforddiant yng Nghymru.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4          

Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act

1975 is to continue to include the same entries as those specified in

paragraph 3 of this Schedule (originally inserted by paragraph 9 of Schedule

35

1 to the Education (Schools) Act 1992, continued in force by paragraph 3 of

Schedule 6 to the School Inspections Act 1996 and amended by virtue of

section 73(3)(a) of the Learning and Skills Act 2000).

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

93

 

Education Reform Act 1988 (c. 40)

5     (1)  

Section 226(2)(b) of the Education Reform Act 1988 (inspection of schools in

other member States providing education for British children) is to continue

to have effect with the following amendment (originally made by paragraph

7 of Schedule 4 to the Education (Schools) Act 1992 and continued by

5

paragraph 4 of Schedule 6 to the School Inspections Act 1996).

      (2)  

For the words from “school” to the end of the paragraph substitute “by, or

under the direction of, one or more of Her Majesty’s Inspectors of Schools

for England”.

Tribunals and Inquiries Act 1992 (c. 53)

10

6          

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals

under direct supervision of Council on Tribunals), in paragraph 15(d) for

“Schedule 2 to the School Inspections Act 1996 (c. 57)” substitute “Schedule

3 to the Education Act 2005”.

Judicial Pensions and Retirement Act 1993 (c. 8)

15

7          

In section 26 of the Judicial Pensions and Retirement Act 1993 (retirement

date for holders of certain judicial offices etc.) in subsection (8)(h), for

“Schedule 2 to the School Inspections Act 1996” substitute “Schedule 3 to the

Education Act 2005”.

Disability Discrimination Act 1995 (c. 50)

20

8          

In section 28D of the Disability Discrimination Act 1995 (accessibility

strategies and plans), in subsection (13) for “School Inspections Act 1996”

substitute “Part 1 of the Education Act 2005”.

Education Act 1996 (c. 56)

9          

In section 578(1) (meaning of “the Education Acts”) omit “the School

25

Inspections Act 1996”.

10         

In Schedule 36 to the Education Act 1996 (uniform statutory trusts for

educational endowments), in paragraph 2(b) for “Part I of the School

Inspections Act 1996” substitute “Part 1 of the Education Act 2005”.

Education Act 1997 (c. 44)

30

11         

In section 38 of the Education Act 1997 (inspection of local education

authorities) in subsection (5)(b) for “paragraph 2 of Schedule 1 to the School

Inspections Act 1996” substitute “paragraph 2 of Schedule 1 to the Education

Act 2005 or (as the case requires) paragraph 2 of Schedule 2 to that Act”.

12         

In section 39 of the Education Act 1997 (reports of inspections under section

35

38 and action plan by local education authority), in subsection (4)—

(a)   

for “section 42A(2) to (4) of the School Inspections Act 1996”

substitute “section 10(2) to (4) of the Education Act 2005 or, in

relation to Wales, section 28(2) to (4) of that Act”, and

(b)   

for “section 42A(2)” substitute “section 10(2) or, as the case may be,

40

section 28(2)”.

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

94

 

13         

In section 40 (inspector’s right of entry etc.), in subsection (4) for “Section 42

of the School Inspections Act 1996” substitute “Section 57 of the Education

Act 2005”.

School Standards and Framework Act 1998 (c. 31)

14    (1)  

Section 14 of the School Standards and Framework Act 1998 (powers of

5

intervention exercisable by LEAs) is amended as follows.

      (2)  

In subsections (1)(b) and (3), for “with serious weaknesses” substitute

“requiring significant improvement”.

      (3)  

For subsection (4) substitute—

“(4)   

In this Chapter—

10

(a)   

“Chief Inspector” means—

(i)   

in relation to a school in England, Her Majesty’s Chief

Inspector of Schools in England, and

(ii)   

in relation to a school in Wales, Her Majesty’s Chief

Inspector of Education and Training in Wales,

15

(b)   

“member of the Inspectorate”, in relation to an inspection of

a school in Wales, has the meaning given by section 42 of the

Education Act 2005,

(c)   

references to special measures being, or not being, required

to be taken in relation to a school are to be read in accordance

20

with section 43(1) of that Act, and

(d)   

references to a school requiring, or not requiring, significant

improvement are to be read in accordance with section 43(2)

of that Act.”

15    (1)  

Section 15 of the School Standards and Framework Act 1998 (cases where

25

LEA may exercise powers of intervention) is amended as follows.

      (2)  

For subsection (4) substitute—

“(4)   

This section applies to a maintained school by virtue of this

subsection if—

(a)   

following an inspection of the school under Chapter 1 or 3 of

30

Part 1 of the Education Act 2005, the Chief Inspector—

(i)   

in the case of a school in England, has given the

Secretary of State a notice under subsection (2) of

section 12 of that Act in a case falling within

subsection (1)(b) of that section (school requiring

35

significant improvement), or

(ii)   

in the case of a school in Wales, has given the National

Assembly for Wales a notice under subsection (2) of

section 36 of that Act in a case falling within

subsection (1)(a)(ii) or (b)(ii) of that section (school

40

requiring significant improvement), and

(b)   

where any subsequent inspection of the school has been

made under Chapter 1 or 3 of Part 1 of that Act, the notice has

not been superseded by—

(i)   

the person making the subsequent inspection making

45

a report stating that in his opinion the school no

longer requires significant improvement, or

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

95

 

(ii)   

the Chief Inspector giving the Secretary of State or the

Assembly a notice under section 12(2) or 36(2) of that

Act in a case falling within section 12(1)(a) or

36(1)(a)(i) or (1)(b)(i) (school requiring special

measures).”

5

      (3)  

Omit subsection (5).

      (4)  

For subsection (6) substitute—

“(6)   

This section applies to a maintained school by virtue of this

subsection if—

(a)   

following an inspection of the school under Chapter 1 or 3 of

10

Part 1 of the Education Act 2005, the Chief Inspector—

(i)   

in the case of a school in England, has given the

Secretary of State a notice under subsection (2) of

section 12 of that Act in a case falling within

subsection (1)(a) of that section (school requiring

15

special measures), or

(ii)   

in the case of a school in Wales, has given the National

Assembly for Wales a notice under subsection (2) of

section 36 of that Act in a case falling with subsection

(1)(a)(i) or (b)(i) of that section (school requiring

20

special measures), and

(b)   

where any subsequent inspection of the school has been

made under Chapter 1 or 3 of Part 1 of that Act, the person

making it did not state that in his opinion special measures

were not required to be taken in relation to the school.”

25

16    (1)  

Section 16 of the School Standards and Framework Act 1998 (power of LEA

to appoint additional governors) is amended as follows.

      (2)  

In subsection (3)—

(a)   

for “with serious weaknesses” substitute “requiring significant

improvement”, and

30

(b)   

for paragraph (a) substitute—

“(a)   

the Chief Inspector has given the local education

authority a notice under section 12(2) or 36(2) of the

Education Act 2005”.

      (3)  

In subsection (9)(a), for “section 16A(2) of the School Inspections Act 1996”

35

substitute “section 12(2) or 36(2) of the Education Act 2005”.

17         

In section 16A of the School Standards and Framework Act 1998 (power of

LEA to provide for governing body to consist of interim executive

members), in subsection (2)—

(a)   

for “with serious weaknesses” substitute “requiring significant

40

improvement”, and

(b)   

for paragraph (a) substitute—

“(a)   

the Chief Inspector has given the local education

authority a notice under section 12(2) or 36(2) of the

Education Act 2005, and”.

45

18         

In section 17 of the School Standards and Framework Act 1998 (power of

LEA to suspend right to delegated budget), in subsection (3)—

 

 

Education Bill [HL]
Schedule 9 — Further amendments relating to school inspection

96

 

(a)   

for “with serious weaknesses” substitute “requiring significant

improvement”, and

(b)   

for paragraph (a) substitute—

“(a)   

the Chief Inspector has given the local education

authority a notice under section 12(2) or 36(2) of the

5

Education Act 2005, and”.

19         

In section 18 of the School Standards and Framework Act 1998 (power of

Secretary of State to appoint additional governors), in subsection (1)(a), for

“with serious weaknesses” substitute “requiring significant improvement”.

20         

In section 18A of the School Standards and Framework Act 1998 (power of

10

Secretary of State to provide for governing body to consist of interim

executive members), in subsection (1)(a), for “with serious weaknesses”

substitute “requiring significant improvement”.

21         

In section 127 of the School Standards and Framework Act 1998 (code of

practice for securing effective relationships between local education

15

authorities and maintained schools), in subsection (6)—

(a)   

omit paragraph (l), and

(b)   

after paragraph (q) insert—

“(r)   

section 50 of the Education Act 2005 (power of local

education authority to inspect school for specific

20

purpose),”.

Government of Wales Act 1998 (c. 38)

22         

In Schedule 6 to the Government of Wales Act 1998 (Her Majesty’s Chief

Inspector of Education and Training in Wales), in the definition of “the

Office of the Chief Inspector” in paragraph 1, for “(in accordance with

25

section 4(3) of, and Schedule 1 to, the School Inspections Act 1996)”

substitute “(in accordance with section 18(3) of, and Schedule 2 to, the

Education Act 2005)”.

Learning and Skills Act 2000 (c. 21)

23         

In section 75 of the Learning and Skills Act 2000 (extended remit of Chief

30

Inspector for Wales), in subsection (2)(a) for “the Schools Inspections Act

1996” substitute “Part 1 of the Education Act 2005”.

24         

In section 86 of the Learning and Skills Act 2000 (annual reports), in

subsection (1) for “section 5(7)(a) of the School Inspections Act 1996”

substitute “section 20(1)(a) of the Education Act 2005”.

35

25    (1)  

Section 118 of the Learning and Skills Act 2000 (inspection) is amended as

follows.

      (2)  

For subsection (5) substitute—

“(5)   

A person carrying out or participating in the inspection shall have

the same powers as the Chief Inspector has under the following

40

provisions of the Education Act 2005—

(a)   

section 9(1)(a) and (d) (right of access), and

(b)   

section 57 (computer records)”.

      (3)  

In subsection (6), for “Section 42A of the 1996 Act” substitute “Section 10 of

the Education Act 2005”.

45

 

 

Education Bill [HL]
Schedule 10 — Proposals under section 65 for establishment of secondary schools: supplementary
Part 2 — Approval of proposals by school organisation committee or adjudicator

97

 

26    (1)  

Section 128 of the Learning and Skills Act 2000 (conduct and effect of

inspections) is amended as follows.

      (2)  

For subsection (2) substitute—

“(2)   

A person carrying out or participating in the inspection shall have

the same powers as an Inspector has under the following provisions

5

of the Education Act 2005—

(a)   

section 23(3)(a) and (d) (right of access), and

(b)   

section 57 (computer records)”.

      (3)  

In subsection (3), for “Section 42A” substitute “Section 28”.

Education Act 2002 (c. 32)

10

27         

In section 63 of the Education Act 2002 (power to require LEA to obtain

advisory services) in subsection (1)(a)(i) for “with serious weaknesses”

substitute “requiring significant improvement”.

28         

In section 159 of the Education Act 2002 (unregistered independent schools),

in subsection (5), for “Section 42 of the School Inspections Act 1996”

15

substitute “Section 57 of the Education Act 2005”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

29         

In section 36 of the Nationality, Immigration and Asylum Act 2002

(education: general), in subsection (9)(a) for “the School Inspections Act 1996

(c. 57)” substitute “Part 1 of the Education Act 2005 (school inspections)”.

20

Schedule 10

Section 65

 

Proposals under section 65 for establishment of secondary schools:

supplementary

Part 1

Introductory

25

1          

This Schedule applies to proposals published under section 65.

2          

In this Schedule “promoters”, in relation to any proposals, means the

persons who made the proposals (but does not include a local education

authority).

Part 2

30

Approval of proposals by school organisation committee or adjudicator

Submission of proposals to school organisation committee

3     (1)  

Regulations must make provision for the submission of the proposals to the

school organisation committee.

      (2)  

Regulations under this paragraph may make provision—

35

 

 

 
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