Education and Inspections Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Schedule 10 — Further amendments relating to travel to schools etc
223

Schedule 10
Section 84

Further amendments relating to travel to schools etc
Public Passenger Vehicles Act 1981 (c.14)
1
In section 46 of the Public Passenger Vehicles Act 1981 (fare-paying
passengers on school buses), in subsection (3), in the definition of “free
5
school transport”—
(a)
after “under” insert “section 508B(1), section 508C(1), section
508F(1),” and
(b)
after “1996,” insert—
“(aa)
in pursuance of arrangements made by the authority
10
in pursuance of a scheme made by them under
Schedule 35C to that Act (school travel schemes),”.
Transport Act 1985 (c. 67)
2     (1)
Section 6 of the Transport Act 1985 (registration of local services) is amended
as follows.
15
      (2)
In subsection (1) after “London local service” insert “nor a service which falls
within subsection (1A) below”.
      (3)
After subsection (1) insert—
“(1A)
A service falls within this subsection if conditions A and B are
satisfied in relation to it.
20
(1B)
Condition A is satisfied if the service is provided in pursuance of—
(a)
the obligation placed on a local education authority by
section 508B(1), section 508F(1), section 509(1) or (1A), or
section 509AA(7)(b) or (9)(a) of the Education Act 1996
(provision of transport etc);
25
(b)
the exercise of the power of a local education authority under
section 508C(1) of that Act; or
(c)
arrangements made by a local education authority in
pursuance of a scheme made by them under Schedule 35C to
that Act (school travel schemes).
30
(1C)
Condition B is satisfied if the service is for the carriage of any of the
following persons (and no other)—
(a)
a person receiving education or training at premises to or
from which transport is provided in pursuance of the
obligation, the exercise of the power or the arrangements, as
35
the case may be, mentioned in paragraph (a), (b) or (c) of
subsection (1B);
(b)
a person supervising or escorting any such person while he is
using such transport;
(c)
a person involved with the provision of education or training
40
at any such premises.”

Education and Inspections Bill
Schedule 11 — The Office for Standards in Education, Children’s Services and Skills
224

Education Act 1996 (c. 56)
3
In section 455(1) of EA 1996 (permitted charges), in paragraph (c), for
“509(2)” substitute “508B(1), 508F(3) or 509(2), or section 508E(2)(d) and
paragraph 5(2) of Schedule 35C,”.
4     (1)
Section 509 of EA 1996 (provision of transport etc) is amended as follows.
5
      (2)
In subsection (1)—
(a)
after “local education authority” insert “in Wales”, and
(b)
for “Secretary of State” substitute “National Assembly for Wales”.
      (3)
In subsection (1A)—
(a)
after “authority” insert “in Wales”, and
10
(b)
for “Secretary of State” substitute “National Assembly for Wales”.
      (4)
In subsection (1B)—
(a)
omit “the Learning and Skills Council for England or”, and
(b)
in paragraph (b), omit “13 or”.
      (5)
In subsection (3), after “authority” insert “in Wales”.
15
      (6)
In subsection (5), in paragraph (c), for “section 13” substitute “section 41”.
      (7)
In the heading, for “Provision” substitute “LEAs in Wales: provision”.
5
In section 509AB of EA 1996 (further provision about transport policy
statements)—
(a)
after subsection (3) insert—
20
“(3A)
In considering whether or not it is necessary to make
arrangements for those purposes in relation to a particular
person, a local education authority in England shall have
regard (amongst other things) to the nature of the route, or
alternative routes, which he could reasonably be expected to
25
take.”, and
(b)
in subsection (4)—
(i)
for “those purposes” substitute “the purposes mentioned in
subsections (2) and (3) of section 509AA”, and
(ii)
after “authority” insert “in Wales”.
30
Schedule 11
Section 111

The Office for Standards in Education, Children’s Services and Skills
Membership
1
The Office is to consist of—
(a)
a chairman appointed by the Secretary of State;
35
(b)
not less than 5 and not more than 10 other members appointed by the
Secretary of State (“the appointed members”); and
(c)
the Chief Inspector.

Education and Inspections Bill
Schedule 11 — The Office for Standards in Education, Children’s Services and Skills
225

Terms of appointment
2     (1)
The chairman and the appointed members hold and vacate office in
accordance with the terms of their respective appointments.
      (2)
Sub-paragraph (1) has effect subject to the following provisions of this
Schedule.
5
      (3)
Section 112 makes provision for the holding and vacation of office by the
Chief Inspector.
3
A person appointed as chairman or appointed member—
(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
10
State, and
(c)
may be removed from office by the Secretary of State on the grounds
that he is unable or unfit to carry out the duties of his office.
4
The previous appointment of a person as chairman or appointed member
does not affect his eligibility for appointment to either office.
15
Remuneration of members
5     (1)
The Office must pay to the chairman and each of the appointed members
such remuneration and allowances as may be determined by the Secretary
of State.
      (2)
The Office must, if required to do so by the Secretary of State—
20
(a)
pay such pension, allowances or gratuities as may be determined by
the Secretary of State to or in respect of a person who is or has held
office as chairman or appointed member; or
(b)
make such payments as may be so determined towards provision for
the payment of a pension, allowances or gratuities to or in respect of
25
such a person.
      (3)
If, where a person ceases to hold office as chairman or appointed member,
the Secretary of State determines that there are special circumstances which
make it right that he should receive compensation, the Office must pay to
him such amount by way of compensation as the Secretary of State may
30
determine.
      (4)
Paragraph 1 of Schedule 12 makes provision for the payment to the Chief
Inspector of remuneration etc.
Staff
6     (1)
The Office has power to appoint staff—
35
(a)
for the purposes of the performance of its own functions, and
(b)
for the purposes of the performance of functions of the Chief
Inspector.
      (2)
But that power is exercisable only by the Chief Inspector acting on behalf of
the Office.
40
      (3)
The conditions of service of persons appointed under this paragraph are to
be determined by the Chief Inspector, subject to the approval of the Minister
for the Civil Service.

Education and Inspections Bill
Schedule 11 — The Office for Standards in Education, Children’s Services and Skills
226

      (4)
The management of the staff of the Office is to be the responsibility of the
Chief Inspector.
      (5)
Nothing in this paragraph is to be read as preventing any delegation by the
Chief Inspector under paragraph 9 of Schedule 12.
Committees
5
7     (1)
The Office may establish committees, and any committee so established may
establish sub-committees.
      (2)
The members of a committee of the Office may include persons who are not
members of the Office (and the members of a sub-committee may include
persons who are not members of the committee or of the Office).
10
      (3)
The Office may make arrangements for the payment of such remuneration
and allowances as it thinks fit to any person who—
(a)
is a member of a committee or sub-committee, but
(b)
is not a member of the Office.
Procedure etc.
15
8     (1)
The Office may make such provision as it thinks fit to regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of its committees and sub-
committees.
      (2)
The validity of any proceedings of the Office, or any of its committees or sub-
20
committees, is not affected by—
(a)
any vacancy in the office of chairman or in the membership of the
Office or (as the case may be) of the committee or sub-committee, or
(b)
any defect in the appointment of the chairman or any other member
of the Office or (as the case may be) of any member of the committee
25
or sub-committee.
Performance of functions
9
Anything authorised or required to be done by the Office may be done by—
(a)
any member of the Office who is authorised for the purpose by the
Office, whether generally or specially, or
30
(b)
any committee or sub-committee of the Office which has been so
authorised.
Execution of documents
10
The application of the seal of the Office must be authenticated by the
signature of—
35
(a)
any member of the Office, or
(b)
some other person who has been authorised for that purpose by the
Office, whether generally or specially.
Evidence
11
The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to
40
the Office as if—

Education and Inspections Bill
Schedule 12 — The Chief Inspector and other inspectors etc.
Part 1 — The Chief Inspector
227

(a)
the Office were included in the first column of the Schedule to that
Act,
(b)
any member or other person authorised to act on behalf of the Office
were mentioned in the second column of that Schedule, and
(c)
the regulations referred to in that Act included any document issued
5
by or under the authority of the Office.
Supplementary powers
12    (1)
The Office has power—
(a)
to enter into contracts,
(b)
to acquire, and dispose of, land or other property, and
10
(c)
to arrange for the provision of accommodation,

in connection with the performance of its own functions or in connection
with the performance of functions of the Chief Inspector.
      (2)
But those powers are exercisable only by the Chief Inspector acting on behalf
of the Office.
15
      (3)
The management of any property or accommodation held or used in
connection with the performance of any of the functions mentioned in sub-
paragraph (1) is to be the responsibility of the Chief Inspector.
      (4)
Nothing in this paragraph is to be read as preventing any delegation by the
Chief Inspector under paragraph 9 of Schedule 12.
20
13    (1)
The Office may do anything that it considers is necessary or expedient for
the purposes of, or in connection with, its functions.
      (2)
But to the extent that paragraph 6 or 12 makes provision for restricting the
exercise of any such power, the power is accordingly exercisable subject to
any such restriction.
25
Schedule 12
Section 114

The Chief Inspector and other inspectors etc.
Part 1
The Chief Inspector
Remuneration, pensions etc. of Chief Inspector
30
1     (1)
The Office is to pay the Chief Inspector such remuneration, and such
travelling and other allowances, as the Secretary of State may determine.
      (2)
In the case of any Chief Inspector determined by the Secretary of State, the
Office is to pay—
(a)
such pension, allowance or gratuity to or in respect of him, or
35
(b)
such contributions or payments towards provision for such a
pension, allowance or gratuity,

as the Secretary of State may determine.

Education and Inspections Bill
Schedule 12 — The Chief Inspector and other inspectors etc.
Part 1 — The Chief Inspector
228

      (3)
If, when any person ceases to hold office as Chief Inspector, the Secretary of
State determines that there are special circumstances which make it right
that he should receive compensation, the Office may pay to him such sum
by way of compensation as the Secretary of State may determine.
      (4)
Service as Chief Inspector is one of the kinds of service to which a scheme
5
under section 1 of the Superannuation Act 1972 (c. 11) can apply.
      (5)
The Office must pay to the Minister for the Civil Service, at such times as he
may direct, such sums as he may determine in respect of any increase
attributable to sub-paragraph (4) in the sums payable out of money
provided by Parliament under that Act.
10
Temporary appointment of Chief Inspector; performance of functions during vacancy or
incapacity etc.
2     (1)
If there is a vacancy in the office of Chief Inspector, the Secretary of State
may appoint a person to be Chief Inspector during such period (not
exceeding one year) as he thinks fit.
15
      (2)
Any such appointment is to be on such terms as the Secretary of State may
determine.
      (3)
Those terms may include provision for the Secretary of State to terminate the
appointment before the time when it would otherwise end.
3     (1)
The Chief Inspector may designate an HMI to perform his functions during
20
any period when he is absent or unable to act.
      (2)
If (at a time when no designation is in force under sub-paragraph (1)) it
appears to the chairman of the Office that the Chief Inspector is, as a result
of any incapacity—
(a)
unable to act, and
25
(b)
unable to make a designation under that sub-paragraph,

the chairman may designate an HMI to perform the Chief Inspector’s
functions so long as he remains in office and is unable to act.
      (3)
For the purposes of this paragraph the Chief Inspector’s functions include
his functions as a member of the Office.
30
Execution of documents
4
The application of the Chief Inspector’s seal must be authenticated by the
signature of—
(a)
the Chief Inspector, or
(b)
some other person who has been authorised for that purpose by the
35
Chief Inspector, whether generally or specially.
Evidence
5
The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to
the Chief Inspector as if—
(a)
he were mentioned in the first column of the Schedule to that Act,
40
(b)
he and any person authorised to act on his behalf were mentioned in
the second column of that Schedule, and

Education and Inspections Bill
Schedule 12 — The Chief Inspector and other inspectors etc.
Part 1 — The Chief Inspector
229

(c)
the regulations referred to in that Act included any document issued
by him or any such person.
Ancillary powers
6
The Chief Inspector may do anything that he considers necessary or
expedient for the purposes of, or in connection with, his functions.
5
Nature of functions conferred on Chief Inspector
7     (1)
Functions conferred on the Chief Inspector by virtue of this Part or any other
enactment are conferred on him in his capacity as holder of the office of
Chief Inspector and not in his capacity as a member of the Office.
      (2)
Sub-paragraph (1) does not apply to any function of the Chief Inspector
10
under—
(a)
section 113(4),
(b)
paragraph 6 or 12 of Schedule 11, or
(c)
paragraph 3 of this Schedule.
      (3)
References in this Part to functions of the Chief Inspector are references to
15
functions conferred on him in his capacity as holder of the office of Chief
Inspector.

This is subject to paragraph 3(3).
      (4)
Any proceedings brought in respect of any such function of the Chief
Inspector are to be brought against the Chief Inspector in his capacity as
20
holder of that office.
Relationship between Chief Inspector and the Office
8     (1)
For all purposes relating to the government department constituted by the
Office, the Chief Inspector is to be regarded—
(a)
as part of that government department, whether acting in his
25
capacity as holder of the office of Chief Inspector or in his capacity as
a member of the Office, and
(b)
as performing his functions (in whatever capacity) on behalf of it.
      (2)
Sub-paragraph (1) applies subject to any provision made by virtue of sub-
paragraph (3).
30
      (3)
The Secretary of State may by order make such provision as he considers
appropriate for—
(a)
supplementing or modifying the effect of sub-paragraph (1), or
(b)
prescribing other matters in connection with responsibilities of the
Chief Inspector in relation to the Office or otherwise connected with
35
the relationship between them.
      (4)
Such an order may in particular provide—
(a)
for allocating functions, property, rights or liabilities as between the
Office and the Chief Inspector;
(b)
for conferring on the Chief Inspector responsibilities in relation to
40
property, rights or liabilities of the Office, including responsibilities
as to the conduct of proceedings;