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 15 — Transitional provisions and savings relating to Part 8
251

(c)
the Chief Inspector of Adult Learning, or
(d)
the CSCI.
      (2)
Such a scheme may provide for things to be treated as done, or to be
continued, by or in relation to the Chief Inspector or the Office.
      (3)
This paragraph does not apply to anything in relation to which provision
5
may be made under paragraph 1(1)(d).
Schemes: supplementary
5
A staff transfer scheme, a property transfer scheme or a scheme made under
paragraph 4 may contain supplementary, incidental, transitional and
consequential provision.
10
Saving for previous transfer schemes
6
Paragraphs 58 and 60 of Schedule 14 to this Act (and the corresponding
entries in Part 5 of Schedule 18 to this Act) do not affect—
(a)
any provision of a scheme made under section 90(1) or 92(1) of the
Learning and Skills Act 2000 (c. 21) which has effect immediately
15
before the coming into force of those paragraphs;
(b)
the operation of section 95 of that Act in relation to rights and
liabilities under a contract of employment transferred by virtue of
such a scheme.
Preparation for performance of functions by the new Chief Inspector
20
7     (1)
The Secretary of State may by regulations confer on the Office and the
existing Chief Inspector such powers, and impose on them such duties, as
the Secretary of State considers necessary or expedient for the purpose of
preparing for the performance by the new Chief Inspector of his functions.
      (2)
Regulations under sub-paragraph (1) may be made at any time before the
25
day on which the new Chief Inspector acquires his functions.
      (3)
The ALI, the Chief Inspector of Adult Learning, the CSCI and the court
administration inspectors must give such assistance to the Office and the
existing Chief Inspector as is reasonably required for the purpose of
preparing for the performance by the new Chief Inspector of his functions.
30
      (4)
In this paragraph references to the new Chief Inspector’s functions are to the
functions conferred on him by virtue of this Part.
First annual report of the new Chief Inspector
8     (1)
The first annual report made by the new Chief Inspector under section 120
is to be a report in respect of the year beginning with the day after the end of
35
the last year for which the existing Chief Inspector made a report under
section 3 of EA 2005.
      (2)
That report is to include a report on the exercise by the existing Chief
Inspector of his functions during any period—
(a)
beginning with the day mentioned in sub-paragraph (1), and
40
(b)
ending with the day before his office was abolished.

Education and Inspections Bill
Schedule 16 — Powers to facilitate innovation
Part 1 — Amendments of Chapter 1 of Part 1 of EA 2002
252

Interpretation
9
In this Schedule—
“the ALI” means the Adult Learning Inspectorate;
“the existing Chief Inspector” means Her Majesty’s Chief Inspector of
Schools in England;
5
“the new Chief Inspector” means the Chief Inspector appointed under
Chapter 1 of this Part;
“court administration inspector” means an inspector of court
administration appointed under section 58 of the Courts Act 2003
(c. 39);
10
“the CSCI” means the Commission for Social Care Inspection.
Schedule 16
Section 159

Powers to facilitate innovation
Part 1
Amendments of Chapter 1 of Part 1 of EA 2002
15
1     (1)
Section 1 of EA 2002 (purpose and interpretation of Chapter 1 of Part 1) is
amended as follows.
      (2)
In subsection (1)(a) and (b), for “the educational standards achieved by
children” substitute “educational standards”.
      (3)
In subsection (2)—
20
(a)
for “the educational standards achieved by children” substitute
“educational standards”, and
(b)
in paragraph (b), for “children” substitute “pupils or students”.
      (4)
In subsection (3)—
(a)
after the definition of “education legislation” insert—
25
““maintained school” means—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
(c)
a maintained nursery school;”,
(b)
for the definition of “qualifying body” substitute—
30
““qualifying body” means—
(a)
a local education authority,
(b)
an Education Action Forum,
(c)
a qualifying foundation,
(d)
the governing body of a maintained school,
35
(e)
the head teacher of a maintained school,
(f)
the proprietor of an Academy, a city
technology college or a city college for the
technology of the arts,
(g)
the proprietor of any special school that is not
40
maintained by a local education authority but
is for the time being approved by the

Education and Inspections Bill
Schedule 16 — Powers to facilitate innovation
Part 1 — Amendments of Chapter 1 of Part 1 of EA 2002
253

Secretary of State or the National Assembly
for Wales under section 342 of the Education
Act 1996, or
(h)
the governing body of an institution within
the further education sector;”, and
5
(c)
after the definition of “qualifying body” insert—
“qualifying foundation” means the foundation, as
defined by subsection (3)(a) of section 21 of the School
Standards and Framework Act 1998, of any
foundation or foundation special school that for the
10
purposes of that section has a foundation established
otherwise than under that Act;”, and
(d)
omit the definition of “qualifying school”.
2     (1)
Section 2 of EA 2002 (power to suspend statutory requirements etc.) is
amended as follows.
15
      (2)
After subsection (1) insert—
“(1A)
Where the applicant is or includes a qualifying foundation,
references in paragraphs (a) to (d) of subsection (1) to the applicant
(so far as they would otherwise be read as references to the
qualifying foundation) are to be read as references to the governing
20
bodies of all or any of the foundation or foundation special schools
in respect of which the applicant is the foundation.”
      (3)
Omit subsections (7) and (8).
3     (1)
Section 4 of EA 2002 (applications for orders under section 2) is amended as
follows.
25
      (2)
In subsection (1) after “section 2” insert “(“an application for an order”)”.
      (3)
After subsection (1) insert—
“(1A)
No application for an order may be made by the head teacher of a
maintained school without the consent of the governing body of the
school.”
30
      (4)
In subsection (2)—
(a)
for “such an application” substitute “an application for an order”,
(b)
after paragraph (a) insert—
“(aa)
in the case of a qualifying foundation, consult the
governing body of each foundation or foundation
35
special school to which the application relates and the
local education authority who maintain the school,”,
and
(c)
for paragraph (b) substitute—
“(b)
in the case of the governing body of a maintained
40
school, consult—
(i)
the local education authority who maintain
the school, and
(ii)
where the school is a foundation school with a
qualifying foundation, that foundation, and”.
45

Education and Inspections Bill
Schedule 17 — Miscellaneous amendments relating to Wales
254

Part 2
Consequential amendment
4
In section 24 of the Anti-social Behaviour Act 2003 (c. 38), for the definition
of “relevant school” substitute—
““relevant school” means—
5
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school,
(c)
a maintained nursery school as defined in section
22(9) of the School Standards and Framework Act
1998,
10
(d)
a pupil referral unit as defined in section 19(2) of the
1996 Act,
(e)
an Academy,
(f)
a city technology college, or
(g)
a city college for the technology of the arts,”.
15
Schedule 17
Section 173

Miscellaneous amendments relating to Wales
Schools in Wales causing concern: warning notice by local education authority
1     (1)
Section 15 of SSFA 1998 (cases where local education authority may exercise
powers of intervention) is amended as follows.
20
      (2)
In subsections (1)(c) and (2)(a)(i) for “either or both of sections 16 and 17”
substitute “any one or more of sections 16, 16A and 17”.
      (3)
After subsection (3) insert—
“(3A)
For the purposes of subsection (2)(a) the standards of performance of
pupils at a school are low if they are low by reference to any one or
25
more of the following—
(a)
the standards that the pupils might in all the circumstances
reasonably be expected to attain,
(b)
where relevant, the standards previously attained by them,
or
30
(c)
the standards attained by pupils at comparable schools.”
      (4)
In subsection (7), for “Part 1 of the School Inspections Act 1996” substitute
“Chapter 3 of Part 1 of the Education Act 2005”.
LEA’s reserve power to prevent breakdown of discipline
2
In section 62 of SSFA 1998 (LEA’s reserve power to prevent a breakdown of
35
discipline) in subsection (3)(c), for “either or both of sections 16 and 17”
substitute “any one or more of sections 16, 16A and 17”.
Orders and regulations made by Assembly under SSFA 1998
3     (1)
Section 138 of SSFA 1998 (orders and regulations) is amended as follows.

Education and Inspections Bill
Schedule 18 — Repeals
Part 2 — Repeals coming into force in accordance with section 186(2)
255

      (2)
In subsection (1), after “the Secretary of State” insert “or the Assembly”.
      (3)
In subsection (3), after “regulations” insert “made by the Secretary of State”.
      (4)
In subsection (7), after “the Secretary of State” insert “or the Assembly”.
Meaning of “the Assembly” in SSFA 1998
4
In section 142(1) of SSFA 1998 (general interpretation), before the definition
5
of “Church in Wales school” insert—
““the Assembly” means the National Assembly for Wales;”.
5
In section 143 of SSFA 1998 (index), after the entry for “area” insert—

“Assembly
section 142(1)”.

Power of Assembly to require LEA to obtain advisory services
10
6
In section 63 of EA 2002 (power to require LEA to obtain advisory services)
in subsection (4) (which defines “school” for the purposes of that section), for
“Chapter 2” substitute “Chapter 4”.
Schedule 18
Section 182

Repeals
15
Part 1
Repeals coming into force on Royal Assent

Short title and chapter
Extent of repeal

Education Act 1996 (c. 56)
In section 444—

  in subsection (1A), the words “without

20

reasonable   justification”, and

  in subsection (3), paragraph (b) and the word

“or”   immediately following it.

Education Act 2002 (c. 32)
In section 1(3), the definition of “qualifying

school”.

25

Section 2(7) and (8).

In Schedule 21, paragraph 54.

Part 2
Repeals coming into force in accordance with section 186(2)

Short title and chapter
Extent of repeal

30

Leasehold Reform Act 1967
In section 29(6), the words from “but a

(c. 88)
university body” to the end.

Employment Act 1989 (c. 38)
Section 26.

Section 28(4)(b).

Education and Inspections Bill
Schedule 18 — Repeals
Part 3 — School organisation
256

Short title and chapter
Extent of repeal

Education Act 1996 (c. 56)
In section 569—

  in subsection (2), the words “other than

regulations under section 492”, and

  subsection (3).

5

School Standards and
Section 127(5) and (6).

Framework Act 1998 (c. 31)

Education Act 2002 (c. 32)
Section 159(3).

In Schedule 21, paragraph 110(3).

Education Act 2005 (c. 18)
In Schedule 9, paragraph 21.

10

Part 3
School organisation

Short title and chapter
Extent of repeal

Local Government Act 1972
Section 177(1A)(b).

(c. 70)

15

Local Government Act 1974
Section 25(5)(a).

(c. 7)

Education Act 1996 (c. 56)
In section 529(2), the words “(other than a

nursery school or a special school)”.

School Standards and
In section 21(6)(i), the words “school

20

Framework Act 1998
organisation committees and”.

Section 24.

Section 27.

In section 28—

  in subsection (1)(d), the words from “in the

25

case” to “Wales,”;

  in subsection (2)(b), the words from “or of” to

“in England,”;

  subsections (2A) and (2B);

  subsection (6);

30

  in subsection (7), the words from the

beginning to “in Wales;

  in subsection (8), the words “(for both

England and Wales)”; and

  in subsection (9), the words “subsection (6)

35

and”.

Section 28A.

In section 29—

  in subsection (4B), paragraph (c) and in

paragraph (d), the words “parish council or”;

40

  subsection (5);

  in subsection (6), the words from the

beginning to “in Wales”;

  in subsection (7), the words “(for both

England and Wales)”; and

45

  in subsection (8), the words “subsection (5)

and”.

In section 31—

  subsection (5);

Education and Inspections Bill
Schedule 18 — Repeals
Part 3 — School organisation
257

Short title and chapter
Extent of repeal

School Standards and
  in subsection (6), the words from the

Framework Act 1998 (c. 31)—
beginning to “in Wales”;

cont.
  in subsection (7), the words “(5) or”; and

  in subsection (8), the words “(for both

5

England and Wales)”.

In section 33(4), the words “28A,”.

In section 79(1), the word “or” at the end of

paragraph (b).

In section 138(4), the words “29(9A),”.

10

In section 143—

  in the entry beginning “promoters”, the

words “or 28A(2)”, and

  the entry beginning “school organisation

committees”.

15

Schedule 4.

In Schedule 6—

  paragraphs 1 to 5;

  in paragraph 6, the words from “which relate”

to the end;

20

  in paragraph 11, the words “5 or”;

  in paragraph 12(2), the words “28A(1)”;

  in paragraph 13, in sub-paragraph (2), the

words “28A(1)”, and in sub-paragraph (3)(a)

the words “or 28A(2)”;

25

  in paragraph 14(3), the words “or 28A(2)”;

and

  paragraph 21 and the heading immediately

preceding it.

In Schedule 30, paragraphs 45 and 146(b).

30

Learning and Skills Act 2000
In section 113(3)(b), the words “any school

(c. 21)
organisation committee”.

In Schedule 7—

  in paragraph 32, in sub-paragraph (2), the

definition of “the school organisation

35

committee”, and sub-paragraph (3);

  paragraph 35(5) and (6).

In Schedule 9, paragraph 82.

Race Relations (Amendment)
In Schedule 2, paragraph 30.

Act 2000 (c. 34)

40

Special Educational Needs and
In Schedule 8, paragraph 23(2).

Disability Act 2001 (c. 10)

Education Act 2002 (c. 32)
Section 73.

In Schedule 21, paragraph 53.

Education Act 2005 (c. 18)
Sections 64 to 67.

45

In section 68(1), in paragraph (a) the words “,

28A”, and paragraphs (d) and (e).

Section 69(a).

Section 73.

Schedules 10 and 11.

50

In Schedule 12, paragraphs 1(2), 2, 3, 5, 6 and 9

to 12.