|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(6) | Section 57 of the Education Act 2005 (computer records) applies in |
| 25 |
relation to the inspection of records or other documents under |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
4 | In section 165 of the 2002 Act (failure to meet standards), in subsection (1)(a), |
| 45 |
after “section” insert “162A or”. |
| |
|
| |
|
| |
|
5 | In section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit |
| |
the definition of “registered inspector”. |
| |
| |
| |
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 |
| |
| |
(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 |
| |
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 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 |
| |
| |
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 |
| |
| |
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 |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
| |
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— |
| |
| 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 |
| |
| |
(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) |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(i) | the person making the subsequent inspection making |
| 45 |
a report stating that in his opinion the school no |
| |
longer requires significant improvement, or |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
| |
(4) | For subsection (6) substitute— |
| |
“(6) | This section applies to a maintained school by virtue of this |
| |
| |
(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 |
| |
(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 |
| |
(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. |
| |
| |
(a) | for “with serious weaknesses” substitute “requiring significant |
| |
| 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 |
| |
| |
(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 |
| |
(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)— |
| |
|
| |
|
| |
|
(a) | for “with serious weaknesses” substitute “requiring significant |
| |
| |
(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 |
| |
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 |
| |
| |
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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
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 |
| |
| |
Proposals under section 65 for establishment of secondary schools: |
| |
| |
| |
| 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 |
| |
| |
| 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 |
|
| |
|