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Education and Inspections Bill


Education and Inspections Bill
Part 9 — Miscellaneous

105

 

(b)   

on being so notified, the governing body or (as the case may be)

the local education authority must co-operate with the Chief

Inspector in the making of arrangements for the meeting.

(5)   

In particular, the governing body or (as the case may be) the local

education authority must if so requested by the Chief Inspector—

5

(a)   

allow the meeting to be held on the premises of the school,

(b)   

fix a date for the meeting which is consistent with any request

made by the Chief Inspector for that purpose, and

(c)   

take such steps as are specified by the Chief Inspector to give—

(i)   

the registered parents of registered pupils at the school,

10

and

(ii)   

if the school is a maintained school which has a

delegated budget, the local education authority who

maintain the school,

   

such notice as the Chief Inspector may specify of the date, time

15

and place of the meeting and of its purpose.

(6)   

The following persons (in addition to the registered parents of

registered pupils at the school) may attend a meeting held in pursuance

of subsection (5)—

(a)   

a representative of the governing body of the school, and

20

(b)   

if the school is a maintained school, a representative of the local

education authority who maintain the school.

(7)   

In this section—

“governing body”, in relation to a relevant school which is not a

maintained school, means the proprietor of the school;

25

“maintain”, in relation to school, has the same meaning as in the

School Standards and Framework Act 1998;

“maintained school” means a community, foundation or

voluntary school, a community or foundation special school or

a maintained nursery school;

30

“qualifying complaint” is to be read in accordance with section

11A(2);

“relevant school” has the meaning given by section 11A(5).

11C     

Reports of investigations

(1)   

This section applies where, for the purposes of an investigation of a

35

qualifying complaint to which section 11B applies the Chief Inspector—

(a)   

requests information as mentioned in subsection (2) or (3) of

that section, or

(b)   

gives notice in pursuance of subsection (4)(a) of that section that

he considers it appropriate to hold a meeting for registered

40

parents of registered pupils at the school to which the complaint

relates.

(2)   

The Chief Inspector may, if he considers it appropriate to do so, prepare

a report of the outcome of the investigation by him of the complaint.

(3)   

If the Chief Inspector prepares a report under subsection (2) he must

45

send a copy of the report to—

(a)   

the governing body of the school (unless the school falls within

paragraph (b)), or

 
 

Education and Inspections Bill
Part 9 — Miscellaneous

106

 

(b)   

if the school is a maintained school which does not have a

delegated budget, the local education authority who maintain

the school.

(4)   

The body to whom a report is sent under subsection (3) must, if so

requested by the Chief Inspector, provide a copy of the report to the

5

registered parents of registered pupils at the school to which the

complaint relates.

(5)   

In this section, “governing body” and “qualifying complaint” have the

same meaning as in section 11B.”

Powers to facilitate innovation

10

152     

Powers to facilitate innovation

In Schedule 16

(a)   

Part 1 contains amendments of Chapter 1 of Part 1 of EA 2002 (powers

to facilitate innovation), including amendments removing the

restriction on the duration of the powers conferred by that Chapter; and

15

(b)   

Part 2 contains a consequential amendment.

References to "local education authority" or "children’s services authority"

153     

Power to repeal references to “local education authority” and “children’s

services authority” etc

(1)   

Subject to subsection (5), the Secretary of State may by order—

20

(a)   

make such provision as appears to him to be appropriate for the

purpose of—

(i)   

repealing any reference in any statutory provision to a local

education authority (however expressed) in so far as it relates to

such an authority in England or such an authority in Wales, or

25

to both, and

(ii)   

replacing it, where it appears to him to be appropriate, with a

reference (however expressed) to, as the case may be, an English

local authority or a Welsh local authority, or to both;

(b)   

make such provision as appears to him to be appropriate for the

30

purpose of—

(i)   

repealing any reference in any statutory provision to a

children’s services authority (however expressed) in so far as it

relates to a children’s services authority in England or a

children’s services authority in Wales, or to both, and

35

(ii)   

replacing it, where it appears to him to be appropriate, with a

reference (however expressed) to, as the case may be, an English

local authority or a Welsh local authority, or to both;

(c)   

make such provision as appears to him to be appropriate in

consequence of or in connection with any provision made by virtue of

40

paragraph (a) or (b), or of both those paragraphs.

(2)   

An order under subsection (1) may make provision modifying any enactment

whenever passed or made (including this Act), and may, in particular, make

provision—

 
 

Education and Inspections Bill
Part 9 — Miscellaneous

107

 

(a)   

modifying references (however expressed) in any statutory provision

to the functions of a local education authority, or the functions of a local

authority (however defined) in its capacity as a local education

authority, where the references wholly or partly relate to a local

education authority in England or a local education authority in Wales;

5

(b)   

modifying statutory provisions which consist of or include provision

requiring or authorising consultation, co-operation, communication or

other action between a local education authority in England and an

English local authority or between a local education authority in Wales

and a Welsh local authority;

10

(c)   

modifying statutory provisions which consist of or include provision

imposing a duty on a local education authority in England or on a local

education authority in Wales where the duty imposed is similar to a

duty imposed by that or any other statutory provision on, as the case

may be, an English local authority or a Welsh local authority;

15

(d)   

modifying statutory provisions which consist of or include provision

imposing a duty on an English local authority or on a Welsh local

authority where the duty imposed is similar to a duty imposed by that

or any other statutory provision on, as the case may be, a local

education authority in England or a local education authority in Wales;

20

(e)   

repealing statutory provisions which are spent or have ceased to be of

any practical utility.

(3)   

The following powers to make provision by order under subsection (1) are

exercisable by the Assembly as well as by the Secretary of State—

(a)   

the power to make provision under paragraph (a) of that subsection in

25

relation to any reference in any statutory provision to a local education

authority (however expressed) in so far as it relates to such an authority

in Wales,

(b)   

the power to make provision under paragraph (b) of that subsection in

relation to any reference in any statutory provision to a children’s

30

services authority (however expressed) in so far as it relates to a

children’s services authority in Wales, and

(c)   

the power to make provision under paragraph (c) of that subsection in

consequence of or in connection with any provision made by virtue of

the powers under paragraph (a) or (b) of that subsection mentioned in

35

paragraph (a) or (b) above, or by virtue of both those powers.

(4)   

The Secretary of State must not make an order under subsection (1), except

with the consent of the Assembly, which contains provision made wholly or

partly by virtue of any of the powers to make provision under that subsection

mentioned in any of paragraphs (a) to (c) of subsection (3).

40

(5)   

An order under subsection (1) may make provision which is within the

legislative competence of the Scottish Parliament only in consequence of

provision made under such an order which is outside that competence.

(6)   

In this section—

“children’s services authority in England” and “children’s services

45

authority in Wales” have the same meaning as in the Children Act 2004

(c. 31);

“English local authority” means—

(a)   

a county council in England,

(b)   

a metropolitan district council,

50

 
 

Education and Inspections Bill
Part 9 — Miscellaneous

108

 

(c)   

a non-metropolitan district council for an area for which there is

no county council,

(d)   

a London borough council,

(e)   

the Common Council of the City of London, or

(f)   

the Council of the Isles of Scilly;

5

“modify” includes amend or repeal;

“statutory provision” means—

(a)   

any provision of this or any other Act, including any Act passed

after this Act, and

(b)   

any provision of subordinate legislation, including any such

10

legislation made under, or after the passing of, this Act;

“Welsh local authority” means a county council or county borough

council in Wales.

Other miscellaneous provisions

154     

Provision of advice by adjudicator

15

In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—

“(3A)   

When asked to do so by the Secretary of State, an adjudicator must give

advice to the Secretary of State on such matters relating to the

admission of pupils to relevant schools as the Secretary of State may

specify.

20

(3B)   

The adjudicator may, for the purposes of providing such advice to the

Secretary of State, request any of the following persons to provide him

with such information held by them as the adjudicator may specify—

(a)   

the admission authority (within the meaning of Chapter 1 of

Part 3) of a community, foundation or voluntary school;

25

(b)   

the proprietor of any other relevant school.

(3C)   

A person so requested by the adjudicator to provide information must

comply with the request.

(3D)   

In subsections (3A) and (3B), “relevant school” means a school in

England falling within any of paragraphs (a) to (f) of section 5(2) of the

30

Education Act 2005.”

155     

Information about children receiving funded education outside school

After section 537A of EA 1996 (provision of information about individual

pupils) insert—

“537B   

Provision of information about children receiving funded education

35

outside school

(1)   

Regulations may make provision requiring a person who provides

funded education to provide to the relevant person such individual

child information as may be prescribed.

(2)   

In subsection (1), “the relevant person” means one or more of the

40

following—

(a)   

the Secretary of State, and

(b)   

any prescribed person.

 
 

Education and Inspections Bill
Part 9 — Miscellaneous

109

 

(3)   

Where any person within paragraph (b) of subsection (2) receives

information by virtue of subsection (1), the Secretary of State may

require that person to provide any such information—

(a)   

to him, or

(b)   

to any prescribed person.

5

(4)   

The Secretary of State may provide any individual child information—

(a)   

to any information collator,

(b)   

to any prescribed person, or

(c)   

to any person falling within a prescribed category.

(5)   

Any information collator—

10

(a)   

may provide any individual child information—

(i)   

to the Secretary of State,

(ii)   

to any other information collator, or

(iii)   

to the person who provides the funded education for the

child or children to whom the information relates, and

15

(b)   

may, at such times as the Secretary of State may determine,

provide such individual child information as may be

prescribed—

(i)   

to any prescribed person, or

(ii)   

to any person falling within a prescribed category.

20

(6)   

Any person holding any individual child information (other than the

Secretary of State or an information collator) may provide that

information to—

(a)   

the Secretary of State,

(b)   

any information collator, or

25

(c)   

any prescribed person.

(7)   

No information received under or by virtue of this section shall be

published in any form which includes the name of the child or children

to whom it relates.

(8)   

Regulations under this section may provide that, in such circumstances

30

as may be prescribed, the provision of information to a person other

than the Secretary of State is to be treated, for the purposes of any

provision of such regulations or this section, as compliance with any

requirement imposed by or by virtue of any such provision and relating

to the provision of information to the Secretary of State.

35

(9)   

In this section—

“child” means a person under the age of 19;

“funded education” means education provided under

arrangements made by a local education authority in pursuance

of the duties imposed by section 19(1) and (4) (duty to make

40

special arrangements for provision of education for children of

compulsory school age and young persons who may otherwise

not receive suitable education), other than such education

provided at a school;

“individual child information” means information relating to and

45

identifying individual children for whom funded education is

being or has been provided, whether obtained under subsection

(1) or otherwise;

 
 

Education and Inspections Bill
Part 9 — Miscellaneous

110

 

“information collator” means any body which, for the purposes of

or in connection with the functions of the Secretary of State

relating to funded education, is responsible for collating or

checking information relating to children for whom such

education is provided.”

5

156     

Collaboration arrangements: maintained schools and further education

bodies

(1)   

Regulations may enable—

(a)   

the governing body of a maintained school, whether alone or together

with other such governing bodies, to make collaboration arrangements

10

with one or more further education bodies;

(b)   

a further education body, whether alone or together with other further

education bodies, to make collaboration arrangements with the

governing body of a maintained school or the governing bodies of two

or more such schools;

15

(c)   

a further education body to make collaboration arrangements with one

or more further education bodies.

(2)   

“Collaboration arrangements” are arrangements for any of the functions of any

of the bodies who make the arrangements (“the collaborating bodies”) to be

discharged jointly or by a joint committee of those bodies.

20

(3)   

Regulations may make provision as to—

(a)   

the establishment by the collaborating bodies of a joint committee of

those bodies for the purposes of discharging any functions in

pursuance of collaboration arrangements made by them (“a joint

committee”);

25

(b)   

the appointment of persons to serve on a joint committee (including

provision as to the restrictions or other requirements relating to any

such appointments) and their removal from office;

(c)   

the appointment of a clerk to a joint committee (including provision as

to the restrictions or other requirements relating to any such

30

appointment) and his removal from office;

(d)   

the appointment by a joint committee of one of their number to act as

clerk for the purposes of a meeting where the clerk fails to attend;

(e)   

rights of persons to attend meetings of a joint committee;

(f)   

restrictions on persons taking part in proceedings of a joint committee;

35

(g)   

other matters relating to the constitution or procedure of a joint

committee.

(4)   

Regulations may make provision as to—

(a)   

the functions of collaborating bodies which may or may not be

discharged jointly, or by a joint committee, in pursuance of

40

collaboration arrangements;

(b)   

the manner in which such functions are to be discharged jointly, or by

a joint committee, in pursuance of collaboration arrangements;

(c)   

any other matters which are relevant to the discharge of functions by

the collaborating bodies jointly, or as the case may be, by a joint

45

committee in pursuance of such arrangements.

(5)   

Regulations may provide that any enactment relating to—

 
 

Education and Inspections Bill
Part 9 — Miscellaneous

111

 

(a)   

the functions of the collaborating bodies which are to be discharged in

pursuance of collaboration arrangements, or

(b)   

the governing bodies, or as the case may be the further education

bodies, by whom those functions are to be discharged,

   

is to have effect subject to all necessary modifications in its application in

5

relation to those functions and the bodies by whom they are to be discharged.

(6)   

In this section—

“further education body” means—

(a)   

a further education corporation (as defined by section 17(1) of

the Further and Higher Education Act 1992 (c. 13)), or

10

(b)   

the governing body of a designated institution (as defined by

section 28(4) of that Act) which is a body incorporated by virtue

of section 143(4) of the Learning and Skills Act 2000 (c. 21);

“maintained school” means a community, foundation or voluntary

school, a community or foundation special school or a maintained

15

nursery school;

“regulations” means regulations made by the Secretary of State (in

relation to England) or the Assembly (in relation to Wales).

157     

Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

(1)   

In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable

20

exercise of functions by LEA or governing body), in subsection (2)(b), for “or

any community or foundation special school” substitute “, of any community

or foundation special school, or of any maintained nursery school”.

(2)   

In section 497 of EA 1996 (Secretary of State’s general default powers), in

subsection (2)(b), for “or any community or foundation special school”

25

substitute “, of any community or foundation special school, or of any

maintained nursery school”.

158     

Offences relating to independent schools

(1)   

Part 10 of EA 2002 (independent schools) is amended as follows.

(2)   

After section 168 insert—

30

“168A   

Proceedings for offences

No proceedings for an offence under this Chapter shall be instituted

except by or with the consent of the registration authority.

168B    

Offences by bodies corporate

(1)   

Where an offence under this Chapter committed by a body corporate is

35

proved to have been committed with the consent or connivance of, or

to be attributable to any neglect on the part of—

(a)   

any director, manager, secretary or other similar officer of the

body corporate, or

(b)   

any person who was purporting to act in any such capacity,

40

   

he (as well as the body corporate) is guilty of the offence and liable to

be proceeded against and punished accordingly.

(2)   

Where the affairs of a body corporate are managed by its members,

subsection (1) applies in relation to the acts and defaults of a member

 
 

 
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