Education and Inspections Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

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(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;
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(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).
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(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,
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(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.
Provision of advice by adjudicator
161
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.
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(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;
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(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.”
Information about children receiving publicly-funded education
162
Information about children receiving funded education outside school
After section 537A of EA 1996 (provision of information about individual
pupils) insert—
35
“537B
Provision of information about children receiving funded education
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.
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(2)
In subsection (1), “the relevant person” means one or more of the
following—
(a)
the Secretary of State, and
(b)
any prescribed person.
(3)
Where any person within paragraph (b) of subsection (2) receives
5
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.
(4)
The Secretary of State may provide any individual child information—
10
(a)
to any information collator,
(b)
to any prescribed person, or
(c)
to any person falling within a prescribed category.
(5)
Any information collator—
(a)
may provide any individual child information—
15
(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
(b)
may, at such times as the Secretary of State may determine,
20
provide such individual child information as may be
prescribed—
(i)
to any prescribed person, or
(ii)
to any person falling within a prescribed category.
(6)
Any person holding any individual child information (other than the
25
Secretary of State or an information collator) may provide that
information to—
(a)
the Secretary of State,
(b)
any information collator, or
(c)
any prescribed person.
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(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
as may be prescribed, the provision of information to a person other
35
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.
(9)
In this section—
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“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
special arrangements for provision of education for children of
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compulsory school age and young persons who may otherwise

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not receive suitable education), other than such education
provided at a school;
“individual child information” means information relating to and
identifying individual children for whom funded education is
being or has been provided, whether obtained under subsection
5
(1) or otherwise;
“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
10
education is provided.”
Further education
163
Power of members of staff of further education institutions to use force
After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—
“85C
Power of members of staff to use force
15
(1)
A member of the staff of an institution which is within the further
education sector may use such force as is reasonable in the
circumstances for the purpose of preventing a student at the institution
from doing (or continuing to do) any of the following, namely—
(a)
committing any offence,
20
(b)
causing personal injury to, or damage to the property of, any
person (including the student himself), or
(c)
prejudicing the maintenance of good order and discipline at the
institution or among any of its students, whether during a
teaching session or otherwise.
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(2)
The power conferred by subsection (1) may be exercised only where—
(a)
the member of the staff and the student are on the premises of
the institution, or
(b)
they are elsewhere and the member of the staff has lawful
control or charge of the student.
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(3)
Subsection (1) does not authorise anything to be done in relation to a
student which constitutes the giving of corporal punishment within the
meaning of section 548 of the Education Act 1996.
(4)
The powers conferred by subsection (1) are in addition to any powers
exercisable apart from this section and are not to be construed as
35
restricting what may lawfully be done apart from this section.
(5)
In this section, “member of the staff”, in relation to an institution within
the further education sector, means any person who works at that
institution whether or not as its employee.”
164
Collaboration arrangements: maintained schools and further education
40
bodies
(1)
Regulations may enable—

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(a)
the governing body of a maintained school, whether alone or together
with other such governing bodies, to make collaboration arrangements
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
5
governing body of a maintained school or the governing bodies of two
or more such schools;
(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
10
of the bodies who make the arrangements (“the collaborating bodies”) to be
discharged jointly or by a joint committee of those bodies.
(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
15
pursuance of collaboration arrangements made by them (“a joint
committee”);
(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;
20
(c)
the appointment of a clerk to a joint committee (including provision as
to the restrictions or other requirements relating to any such
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;
25
(e)
rights of persons to attend meetings of a joint committee;
(f)
restrictions on persons taking part in proceedings of a joint committee;
(g)
other matters relating to the constitution or procedure of a joint
committee.
(4)
Regulations may make provision as to—
30
(a)
the functions of collaborating bodies which may or may not be
discharged jointly, or by a joint committee, in pursuance of
collaboration arrangements;
(b)
the manner in which such functions are to be discharged jointly, or by
a joint committee, in pursuance of collaboration arrangements;
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(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
committee in pursuance of such arrangements.
(5)
Regulations may provide that any enactment relating to—
(a)
the functions of the collaborating bodies which are to be discharged in
40
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
relation to those functions and the bodies by whom they are to be discharged.
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(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

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(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
5
nursery school;
“regulations” means regulations made by the Secretary of State (in
relation to England) or the Assembly (in relation to Wales).
Early years provision
165
Consultation with young pupils
10
In section 176 of EA 2002 (consultation with pupils), in subsection (3)—
(a)
in the definition of “maintained school”, for “or a community or
foundation special school” substitute “, a community or foundation
special school or a maintained nursery school”, and
(b)
omit the definition of “pupil” (which excludes children who are being
15
provided with nursery education).
166
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
exercise of functions by LEA or governing body), in subsection (2)(b), for “or
any community or foundation special school” substitute “, of any community
20
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”
substitute “, of any community or foundation special school, or of any
maintained nursery school”.
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Independent schools
167
Prohibition on participation in management of independent school
After section 167 of EA 2002 insert—
“Prohibition on participation in management of independent schools
167A
Prohibition on participation in management of independent schools
30
(1)
The appropriate authority may direct that a person—
(a)
may not take part in the management of an independent school;
(b)
may take part in the management of an independent school
only in circumstances specified in the direction;
(c)
may take part in the management of an independent school
35
only if conditions specified in the direction are satisfied.
(2)
A direction under this section may be given in respect of a person only
on one or more prescribed grounds connected with the suitability of
persons to take part in the management of an independent school.

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(3)
Regulations may prescribe the procedure for giving a direction under
this section (including provision about notification of persons who are
subject to directions).
(4)
The appropriate authority may vary or revoke a direction under this
section in prescribed cases.
5
(5)
Regulations may prescribe the grounds on which a person subject to a
direction under this section may seek to have it varied or revoked
under subsection (4).
(6)
In this section and sections 167B to 167D, “appropriate authority”
means—
10
(a)
in relation to England, the registration authority or such other
public authority as may be prescribed;
(b)
in relation to Wales, the registration authority or such other
public authority as may be prescribed.
167B
Directions under section 167A: appeals
15
(1)
A person in respect of whom a direction has been given under section
167A may appeal to the Tribunal established under section 9 of the
Protection of Children Act 1999—
(a)
against the decision to give the direction;
(b)
against a decision not to vary or revoke the direction.
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(2)
Regulations may—
(a)
provide that the Tribunal may not entertain an appeal under
this section insofar as the appellant’s case is inconsistent with
his having been convicted of an offence;
(b)
prescribe circumstances in which the Tribunal shall allow an
25
appeal under this section;
(c)
prescribe the powers available to the Tribunal on allowing an
appeal under this section.
167C
Directions under section 167A: information
(1)
The Secretary of State may provide to the appropriate authority any
30
information relating to a person which is held by the Secretary of State
in connection with his functions—
(a)
under the Protection of Children Act 1999, except section 9 (the
Tribunal);
(b)
under Part 7 of the Care Standards Act 2000;
35
(c)
under sections 142 to 144 of this Act;
(d)
as registration authority under this Part.
(2)
The National Assembly for Wales may provide to the appropriate
authority any information relating to a person which is held by the
Assembly in connection with its functions as registration authority
40
under this Part.
(3)
The Independent Barring Board may provide to the appropriate
authority any information relating to a person which is held by the
Board in connection with its functions and which appears to it to be
relevant to the exercise by the appropriate authority of its functions
45
under sections 167A to 167C.