|
| |
|
| |
“authorised officer” means— |
| |
| |
(b) | an officer of a local education authority in England who is |
| |
authorised by the authority to give penalty notices, or |
| 5 |
(c) | an authorised staff member; |
| |
“authorised staff member” means— |
| |
(a) | a head teacher of a relevant school in England, or |
| |
(b) | a member of the staff of a relevant school in England who is |
| |
authorised by the head teacher of the school to give penalty |
| 10 |
| |
“regulations” means regulations made by the Secretary of State. |
| |
99 | Penalty notices: supplemental |
| |
(1) | Regulations may make— |
| |
(a) | provision as to the form and content of penalty notices; |
| 15 |
(b) | provision as to the monetary amount of any penalty and the time by |
| |
| |
(c) | provision for determining the local education authority to whom a |
| |
| |
(d) | provision as to the methods by which penalties may be paid; |
| 20 |
(e) | provision as to the records which are to be kept in relation to penalty |
| |
| |
(f) | provision as to the persons who may be authorised by a local education |
| |
authority or a head teacher to give penalty notices; |
| |
(g) | provision limiting the circumstances in which authorised officers of a |
| 25 |
prescribed description may give penalty notices; |
| |
(h) | provision for or in connection with the withdrawal, in prescribed |
| |
circumstances, of a penalty notice, including— |
| |
(i) | repayment of any amount by way of penalty under a penalty |
| |
notice which is withdrawn, and |
| 30 |
(ii) | prohibition of the institution or continuation of proceedings for |
| |
the offence to which the withdrawn notice relates; |
| |
(i) | provision for a certificate— |
| |
(i) | purporting to be signed by or on behalf of a prescribed person, |
| |
| 35 |
(ii) | stating that payment of any amount paid by way of penalty was |
| |
or, as the case may be, was not received on or before a date |
| |
specified in the certificate, |
| |
| to be received in evidence of the matters so stated; |
| |
(j) | provision as to the action to be taken if a penalty is not paid in |
| 40 |
accordance with a penalty notice; |
| |
(k) | provision for or in connection with the preparation of codes of conduct |
| |
in relation to the giving of penalty notices; |
| |
(l) | such other provision in relation to penalties or penalty notices as the |
| |
Secretary of State thinks necessary or expedient. |
| 45 |
(2) | Without prejudice to the generality of subsection (1) or section 166(2)(a), |
| |
regulations under subsection (1)(b) may make provision for penalties of |
| |
different amounts to be payable in different cases (including provision for the |
| |
|
| |
|
| |
|
penalty payable under a penalty notice to differ according to the time by which |
| |
| |
(3) | Local education authorities, head teachers and authorised officers must, in |
| |
carrying out their functions in relation to penalty notices, have regard to any |
| |
guidance which is given by the Secretary of State from time to time in relation |
| 5 |
| |
| |
“penalty” means a penalty under a penalty notice; |
| |
“penalty notice” has the meaning given by section 98(2); |
| |
and other expressions have the same meaning as in section 98. |
| 10 |
100 | Removal of excluded pupils to designated premises |
| |
(1) | Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to |
| |
designated premises) is amended in accordance with subsections (2) to (6). |
| |
| |
(a) | for “subsection (3)” substitute “subsections (3) and (3ZA)”, and |
| 15 |
(b) | for “that subsection” substitute “each of those subsections”. |
| |
(3) | After subsection (3) insert— |
| |
“(3ZA) | If a constable has reasonable cause to believe that a child or young |
| |
person found by him in a public place in a specified area during a |
| |
specified period and during school hours— |
| 20 |
(a) | is of compulsory school age, |
| |
(b) | has been excluded on disciplinary grounds from a relevant |
| |
school for a fixed period or permanently, |
| |
(c) | remains excluded from that school, |
| |
(d) | has not subsequently been admitted as a pupil to any other |
| 25 |
| |
(e) | has no reasonable justification for being in the public place, |
| |
| the constable may remove the child or young person to designated |
| |
| |
(4) | After subsection (3A) insert— |
| 30 |
“(3B) | In subsection (3ZA), “school hours” means the school hours of the |
| |
school referred to in paragraph (b) of that subsection.” |
| |
(5) | In subsection (5), after the definition of “public place” insert— |
| |
““relevant school” has the meaning given by section 103 of the |
| |
Education and Inspections Act 2006;”. |
| 35 |
(6) | In the heading, after “truants” insert “and excluded pupils”. |
| |
(7) | In Schedule 4 to the Police Reform Act 2002 (c. 30) (exercise of police powers by |
| |
| |
(a) | in paragraph 4C, for the words from “section 16(3)” to the end |
| |
substitute “section 16(3) or (3ZA) of that Act (power to remove truant |
| 40 |
or excluded pupil found in specified area to designated premises or, in |
| |
case of truant, to the school from which he is absent).”, and |
| |
(b) | in the italic heading immediately before that paragraph, after “truants” |
| |
insert “and excluded pupils”. |
| |
|
| |
|
| |
|
| |
101 | Failure to secure school attendance |
| |
(1) | In section 444 of EA 1996 (offence of failing to secure regular attendance at |
| |
school of registered pupil), in subsection (1A), omit “without reasonable |
| |
| 5 |
(2) | After that subsection insert— |
| |
“(1B) | It is a defence for a person charged with an offence under subsection |
| |
(1A) to prove that he had a reasonable justification for his failure to |
| |
cause the child to attend regularly at the school.” |
| |
(3) | In subsection (2) of that section, for “(3)” substitute “(2A)”. |
| 10 |
(4) | After that subsection insert— |
| |
“(2A) | The child shall not be taken to have failed to attend regularly at the |
| |
school by reason of his absence from the school at any time if the parent |
| |
proves that at that time the child was prevented from attending by |
| |
reason of sickness or any unavoidable cause.” |
| 15 |
(5) | In subsection (3) of that section— |
| |
(a) | at the end of paragraph (a) insert “or”, and |
| |
(b) | omit paragraph (b) and the “or” immediately following it. |
| |
(6) | In subsection (6) of that section, for “the parent shall be acquitted if he proves” |
| |
substitute “it is a defence for the parent to prove”. |
| 20 |
(7) | In subsection (7) of that section, for “at a time when he was not” substitute |
| |
“unless the parent proves that at that time the child was”. |
| |
(8) | After that subsection insert— |
| |
| |
(a) | a child of compulsory school age has been excluded for a fixed |
| 25 |
period on disciplinary grounds from a school in England which |
| |
| |
| |
(ii) | a pupil referral unit, |
| |
| 30 |
(iv) | a city technology college, or |
| |
(v) | a city college for the technology of the arts, |
| |
(b) | he remains for the time being a registered pupil at the school, |
| |
(c) | the appropriate authority make arrangements for the provision |
| |
of full-time education for him at the school during the period of |
| 35 |
| |
(d) | notice in writing of the arrangements has been given to the |
| |
| |
| the exclusion does not affect the application of subsections (1) to (7) to |
| |
the child’s attendance at the school on any day to which the |
| 40 |
| |
(7B) | In subsection (7A)(c) “the appropriate authority” means— |
| |
|
| |
|
| |
|
(a) | in relation to a maintained school, the governing body of the |
| |
| |
(b) | in relation to a pupil referral unit, the local education authority, |
| |
| |
(c) | in relation to any school mentioned in subsection (7A)(a)(iii) to |
| 5 |
(v), the proprietor of the school.” |
| |
(9) | In subsection (6) of section 444ZA of EA 1996 (application of section 444 to |
| |
alternative educational provision), for “the parent shall be acquitted if he |
| |
proves” substitute “it is a defence for the parent to prove”. |
| |
(10) | In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the |
| 10 |
words from “unless” to the end substitute “unless the child or young person is |
| |
prevented from attending by sickness or other unavoidable cause or the |
| |
absence falls within subsection (3) (leave or day set apart for religious |
| |
observance) of section 444 of the Education Act 1996”. |
| |
(11) | The amendments made by this section, and the entry in Part 1 of Schedule 18 |
| 15 |
relating to section 444 of EA 1996, do not apply in relation to any failure to |
| |
attend at a school, or other place in relation to which that section applies, which |
| |
occurs before the commencement of the amendment in question. |
| |
102 | Sums received under section 444A of Education Act 1996 |
| |
In section 444A of EA 1996 (penalty notice in respect of failure to secure regular |
| 20 |
attendance at school of registered pupil) for subsection (6) substitute— |
| |
“(6) | Sums received by a local education authority under this section may be |
| |
used by the authority for the purposes of any of its functions which |
| |
may be specified in regulations but, to the extent that they are not so |
| |
used, must be paid in accordance with regulations to the Secretary of |
| 25 |
| |
Interpretation of Chapter 2 |
| |
103 | Meaning of “maintained school” and “relevant school” in Chapter 2 |
| |
| |
“maintained school” means— |
| 30 |
(a) | a community, foundation or voluntary school, |
| |
(b) | a community or foundation special school, or |
| |
(c) | a pupil referral unit; |
| |
| |
| 35 |
| |
(c) | a city technology college, or |
| |
(d) | a city college for the technology of the arts. |
| |
|
| |
|
| |
|
| |
| |
| |
The Office and the Chief Inspector |
| |
| 5 |
104 | The Office for Standards in Education, Children’s Services and Skills |
| |
(1) | There is to be a body corporate known as the Office for Standards in Education, |
| |
Children’s Services and Skills. |
| |
(2) | In this Part that body is referred to as “the Office”. |
| |
(3) | The Office is to perform its functions on behalf of the Crown. |
| 10 |
(4) | Schedule 11 makes further provision about the Office. |
| |
The Chief Inspector and other inspectors |
| |
105 | Her Majesty’s Chief Inspector of Education, Children’s Services and Skills |
| |
(1) | Her Majesty may by Order in Council appoint a person to the office of Her |
| |
Majesty’s Chief Inspector of Education, Children’s Services and Skills. |
| 15 |
(2) | In this Part the holder of that office is referred to as “the Chief Inspector”. |
| |
(3) | The Chief Inspector is to be a member of the Office (see paragraph 1 of |
| |
| |
(4) | The Chief Inspector holds and vacates office in accordance with the terms of his |
| |
| 20 |
(5) | Those terms are to be determined by the Secretary of State. |
| |
(6) | But the Chief Inspector— |
| |
(a) | must not be appointed for a term of more than five years, |
| |
(b) | may at any time resign by giving written notice to the Secretary of State, |
| |
| 25 |
(c) | may be removed from office by Her Majesty on the grounds that he is |
| |
unable or unfit to carry out the duties of his office. |
| |
(7) | The previous appointment of a person as Chief Inspector does not affect his |
| |
eligibility for appointment. |
| |
(8) | The office of Her Majesty’s Chief Inspector of Schools in England is abolished. |
| 30 |
(9) | But any person holding that office immediately before the appointed day is to |
| |
become, as from that day, Her Majesty’s Chief Inspector of Education, |
| |
Children’s Services and Skills. |
| |
(10) | As from the appointed day— |
| |
|
| |
|
| |
|
(a) | the Order in Council by which such a person was appointed has effect |
| |
as if it were an Order in Council under subsection (1) appointing him |
| |
| |
(b) | the terms of his appointment have effect as if determined under |
| |
| 5 |
(11) | In this section “the appointed day” means the day appointed under section 173 |
| |
for the coming into force of this section. |
| |
106 | Her Majesty’s Inspectors of Education, Children’s Services and Skills |
| |
(1) | Her Majesty may by Order in Council appoint persons as Her Majesty’s |
| |
Inspectors of Education, Children’s Services and Skills. |
| 10 |
(2) | In this Part a person so appointed is referred to as an “HMI”. |
| |
(3) | An HMI is to serve, in accordance with the terms of his appointment, as a |
| |
member of the staff of the Office. |
| |
(4) | Those terms are to be determined by the Chief Inspector. |
| |
(5) | A person’s appointment as HMI ends when he ceases to serve as a member of |
| 15 |
| |
| |
(a) | is one of Her Majesty’s Inspectors of Schools in England immediately |
| |
before the appointed day, and |
| |
(b) | is then serving as member of the staff of Her Majesty’s Chief Inspector |
| 20 |
of Schools in England or of the Adult Learning Inspectorate, |
| |
| is to become, as from that day, one of Her Majesty’s Inspectors of Education, |
| |
Children’s Services and Skills. |
| |
(7) | As from the appointed day— |
| |
(a) | the Order in Council by which such a person was appointed has effect |
| 25 |
as if it were an Order in Council under subsection (1) appointing him |
| |
| |
(b) | the terms of his appointment have effect as if determined under |
| |
| |
(8) | In this section “the appointed day” means the day appointed under section 173 |
| 30 |
for the coming into force of this section. |
| |
107 | Further provision about Chief Inspector and other inspectors etc. |
| |
Schedule 12 makes further provision about the Chief Inspector and persons |
| |
| |
| 35 |
108 | Functions of the Office |
| |
(1) | The Office has the following functions— |
| |
(a) | to determine strategic priorities for the Chief Inspector in connection |
| |
with the performance of his functions; |
| |
|
| |
|
| |
|
(b) | to determine strategic objectives and targets relating to such priorities; |
| |
| |
(c) | to secure that the Chief Inspector’s functions are performed efficiently |
| |
| |
(2) | The Office is to have such other functions in connection with the performance |
| 5 |
of the Chief Inspector’s functions as may be assigned to it by the Secretary of |
| |
| |
109 | Performance of Office’s functions |
| |
(1) | The Office is to perform its functions for the general purpose of encouraging— |
| |
(a) | the improvement of activities within the Chief Inspector’s remit, |
| 10 |
(b) | the carrying on of such activities as user-focused activities, and |
| |
(c) | the efficient and effective use of resources in the carrying on of such |
| |
| |
(2) | In performing its functions the Office is to have regard to— |
| |
(a) | the need to safeguard and promote the rights and welfare of children; |
| 15 |
(b) | views expressed by relevant persons about activities within the Chief |
| |
| |
(c) | levels of satisfaction with such activities on the part of relevant persons; |
| |
(d) | the need to promote the efficient and effective use of resources in the |
| |
carrying on of such activities; |
| 20 |
(e) | the need to ensure that action by the Chief Inspector in relation to such |
| |
activities is proportionate to the risks against which it would afford |
| |
| |
(f) | any developments in approaches to inspection or regulatory action; |
| |
| 25 |
(g) | best practice amongst persons performing functions comparable to |
| |
those of the Chief Inspector. |
| |
(3) | In performing its functions the Office must also have regard to such aspects of |
| |
government policy as the Secretary of State may direct. |
| |
| 30 |
(a) | “children” means persons under the age of 18; |
| |
(b) | “relevant persons”, in relation to activities within the Chief Inspector’s |
| |
remit, means persons who have an interest in such activities, whether— |
| |
(i) | as persons for whose benefit they are carried on, or |
| |
(ii) | as parents (if they are carried on for the benefit of children), or |
| 35 |
| |
(c) | “parents” includes persons— |
| |
(i) | who are not parents of children but have parental responsibility |
| |
for them (within the meaning of the Children Act 1989 (c. 41)), |
| |
| 40 |
(ii) | who have care of children. |
| |
(5) | Subsection (6) provides for the interpretation, for the purposes of this Part, of |
| |
references to activities within the Chief Inspector’s remit and related |
| |
| |
| 45 |
(a) | “activities” includes— |
| |
|
| |
|