Education and Inspections Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 8 — Inspections
Chapter 3 — Inspection of Further Education and Training etc.
92

Annual reports etc.
120
Annual and other reports to Secretary of State
(1)
The Chief Inspector must make an annual report to the Secretary of State.
(2)
The Secretary of State must lay a copy of any such report before each House of
Parliament.
5
(3)
The Chief Inspector may make to the Secretary of State such other reports
relating to matters which fall within the scope of the Chief Inspector’s
functions as he considers appropriate.
(4)
The Chief Inspector may arrange for any report made by him under this section
to be published in such manner as he considers appropriate.
10
Chapter 2
General transfer of functions
121
General transfer of functions to the Chief Inspector
(1)
Subject to the following provisions of this Part, the functions of the existing
Chief Inspector under or by virtue of any enactment are transferred to the new
15
Chief Inspector.
(2)
In this section—
“the existing Chief Inspector” means Her Majesty’s Chief Inspector of
Schools in England, and
“the new Chief Inspector” means the Chief Inspector appointed under
20
Chapter 1 of this Part.
Chapter 3
Inspection of Further Education and Training etc.
Education and training to which this Chapter applies
122
Education and training to which this Chapter applies
25
(1)
This Chapter applies to the following kinds of education and training—
(a)
secondary education provided in institutions which are in England and
are within the further education sector;
(b)
further education for persons aged 16 or over but under 19 which is
provided in such institutions and wholly or partly funded by the
30
Learning and Skills Council for England;
(c)
further education for persons aged 19 or over which is wholly or partly
funded by the Council;
(d)
further education for persons aged under 19 which is provided by local
education authorities in England;
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(e)
further education for persons aged 19 or over which is funded by such
authorities;

Education and Inspections Bill
Part 8 — Inspections
Chapter 3 — Inspection of Further Education and Training etc.
93

(f)
training for persons aged 16 or over which is funded by the Secretary
of State under section 2 of the Employment and Training Act 1973
(c. 50);
(g)
training for persons aged 16 or over if it is training the whole or part of
which takes place at the premises of an employer and which is wholly
5
or partly funded by the Council;
(h)
such other education or training as may be prescribed by regulations
made by the Secretary of State.
(2)
The training which may be prescribed by regulations under subsection (1)(h)
includes training of or for teachers, lecturers, trainers or other persons engaged
10
in the provision of education or training falling within subsection (1)(a) to (g).
(3)
If regulations made by the Secretary of State so provide—
(a)
the provision of information, advice or guidance falling within section
5(1)(i) of the Learning and Skills Act 2000 (c. 21) (Council to secure
provision of financial resources), or
15
(b)
the provision of any description of such information, advice or
guidance specified in the regulations,

is to be treated for the purposes of this Chapter as training to which it applies.
(4)
In this Chapter—
(a)
“further education” and “secondary education” have the same
20
meanings as in EA 1996, and
(b)
any reference to institutions which are within the further education
sector is to be read in accordance with section 91(3) of the Further and
Higher Education Act 1992 (c. 13).
Inspection
25
123
Inspection of education and training to which this Chapter applies
(1)
The Chief Inspector must conduct—
(a)
inspections of such education or training to which this Chapter applies
as may be specified by the Secretary of State, and
(b)
inspections of such class of education or training to which this Chapter
30
applies as may be so specified.
(2)
The inspections are to be conducted at such intervals as may be specified by the
Secretary of State.
(3)
On completing an inspection under this section, the Chief Inspector must make
a written report on it.
35
(4)
The report—
(a)
must state whether the Chief Inspector considers the education or
training inspected to be of a quality adequate to meet the reasonable
needs of those receiving it, and
(b)
may deal with such other matters as he considers relevant.
40
(5)
The Chief Inspector must send copies of the report to—
(a)
the Secretary of State,
(b)
the Council,

Education and Inspections Bill
Part 8 — Inspections
Chapter 3 — Inspection of Further Education and Training etc.
94

(c)
any local education authority providing funds for the education or
training inspected, and
(d)
the provider of the education or training inspected.
(6)
Copies may also be sent to such other persons as the Chief Inspector considers
appropriate.
5
(7)
The Chief Inspector must arrange for the report to be published in such manner
as he considers appropriate.
124
Inspection of further education institutions
(1)
The Chief Inspector must inspect all institutions within the further education
sector.
10
(2)
The inspections are to be conducted at such intervals as may be specified by the
Secretary of State.
(3)
On completing an inspection under this section, the Chief Inspector must make
a written report on it.
(4)
The report—
15
(a)
must state whether the Chief Inspector considers the education or
training inspected to be of a quality adequate to meet the reasonable
needs of those receiving it, and
(b)
may deal with such other matters as he considers relevant.
(5)
The Chief Inspector must send copies of the report to—
20
(a)
the Secretary of State,
(b)
the Council, and
(c)
the provider of the education or training inspected.
(6)
Copies may also be sent to such other persons as the Chief Inspector considers
appropriate.
25
(7)
The Chief Inspector must arrange for the report to be published in such manner
as he considers appropriate.
125
Other inspections
(1)
The Chief Inspector may inspect any education or training to which this
Chapter applies (in a case where he is not required to do so by virtue of any
30
provision of this Chapter).
(2)
The Chief Inspector may inspect any education or training to which this
Chapter does not apply if—
(a)
it is further education (whether for persons aged 16 or over but under
19, or for persons aged 19 or over) or training for persons aged 16 or
35
over, and
(b)
he is requested to conduct the inspection by the provider of the
education or training.
(3)
On completing an inspection under this section, the Chief Inspector may—
(a)
make a written report on it;
40
(b)
arrange for the report to be published in such manner as he considers
appropriate.

Education and Inspections Bill
Part 8 — Inspections
Chapter 3 — Inspection of Further Education and Training etc.
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(4)
If the Chief Inspector makes a report of an inspection conducted under
subsection (1), he must send copies of the report to—
(a)
the Secretary of State,
(b)
the Council,
(c)
any local education authority providing funds for the education or
5
training inspected, and
(d)
the provider of the education or training inspected.
(5)
Copies may also be sent to such other persons as the Chief Inspector considers
appropriate.
(6)
In the case of an inspection conducted under subsection (2) the Chief Inspector
10
may charge the provider of the education or training concerned for the cost of
the inspection.
(7)
For the purposes of that subsection it is immaterial whether the education or
training concerned is provided in the United Kingdom or elsewhere.
126
Action plans
15
(1)
This section applies where the Chief Inspector publishes a report of an
inspection conducted under section 123 or 124 or section 125(1).
(2)
The provider of the education or training which is the subject of the report
must prepare a written statement of—
(a)
the action which he proposes to take in the light of the report, and
20
(b)
the period within which he proposes to take that action.
(3)
That person must—
(a)
publish the statement within such period, and in such manner, as may
be prescribed by regulations made by the Secretary of State; and
(b)
send copies of it to such persons as may be so prescribed.
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(4)
The requirements of subsection (2) may be waived by the Chief Inspector.
127
Area inspections
(1)
If requested to do so by the Secretary of State, the Chief Inspector must
inspect—
(a)
the quality and availability of a specified description of education or
30
training, in a specified area in England, for persons who are aged 15 or
over but under 19;
(b)
the standards achieved by those receiving that education or training;
and
(c)
whether the financial resources made available to those providing that
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education and training are managed efficiently and used in a way
which provides value for money.
(2)
The Chief Inspector may conduct such an inspection without being requested
to do so.
(3)
Subsection (4) applies if financial resources have been applied by—
40
(a)
the Council, or
(b)
a local education authority,

in respect of education or training which is being inspected under this section.

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Part 8 — Inspections
Chapter 3 — Inspection of Further Education and Training etc.
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(4)
In such a case the inspection may extend to considering whether the
application of those resources in that way—
(a)
constituted an efficient and effective use of the resources for the
purpose of meeting the needs of persons within subsection (1)(a) as
regards education or training of the kind in question, and
5
(b)
was appropriate to secure value for money.
(5)
The education or training that may be made the subject of an inspection under
this section (“an area inspection”) is—
(a)
any education or training to which this Chapter applies, or
(b)
any other education or training within the scope of the Chief
10
Inspector’s functions.
(6)
A provider of education or training which is the subject of an area inspection
must provide the Chief Inspector with any information reasonably requested
by him in connection with the inspection.
(7)
Any local education authority whose area is wholly or partly within the area
15
which is the subject of an area inspection must provide the Chief Inspector
with any information reasonably requested by him in connection with the
inspection.
(8)
In subsection (1)(a) the reference to persons who are aged 15 includes
persons—
20
(a)
for whom education is being provided at a school, and
(b)
who will attain that age in the current school year;

and for this purpose “school” and “school year” have the same meanings as in
EA 1996.
128
Reports of area inspections
25
(1)
On completing an area inspection conducted under section 127, the Chief
Inspector must make a written report on it.
(2)
The Chief Inspector must send copies of the report to—
(a)
the Secretary of State,
(b)
the Council, and
30
(c)
each local education authority whose area is wholly or partly within the
area subject to the inspection.
(3)
Copies may also be sent to such other persons as the Chief Inspector considers
appropriate.
(4)
The Chief Inspector must arrange for the report to be published in such manner
35
as he considers appropriate.
129
Action plans following area inspections
(1)
This section applies where the Chief Inspector publishes a report of an area
inspection conducted under section 127.
(2)
The Secretary of State may direct the Council to prepare a written statement
40
of—
(a)
the action which it proposes to take in the light of the report, and
(b)
the period within which it proposes to take that action.

Education and Inspections Bill
Part 8 — Inspections
Chapter 3 — Inspection of Further Education and Training etc.
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(3)
The Secretary of State may direct a local education authority whose area is
wholly or partly within the area covered by the report to prepare a written
statement of—
(a)
the action which they propose to take in the light of the report, and
(b)
the period within which they propose to take that action.
5
(4)
In preparing a statement under subsection (2) or (3) the Council or the
authority must consult such persons as the Secretary of State may direct.
(5)
The Council or the authority must—
(a)
publish the statement within such period, and in such manner, as may
be prescribed by regulations made by the Secretary of State; and
10
(b)
send copies of it to such persons as may be so prescribed.
Powers of entry etc.
130
Power of entry
(1)
This section applies to an inspection conducted by the Chief Inspector under
this Chapter, other than one conducted under section 125(2).
15
(2)
When conducting such an inspection, the Chief Inspector may, at any
reasonable time, enter—
(a)
any premises on which the education or training inspected is provided;
(b)
any premises of the provider of that education or training which are
used in connection with its provision.
20
(3)
In respect of education or training provided by an employer in the workplace,
the power of entry conferred by subsection (2) may be exercised only if the
employer has been given reasonable notice in writing.
131
Power to inspect documents, etc.
(1)
This section applies to any inspection conducted by the Chief Inspector under
25
this Chapter, other than one conducted under section 125(2).
(2)
If the Chief Inspector considers it necessary or expedient for the purposes of
the inspection, he may inspect, take copies of, or take away any documents
relating to the education or training inspected which are on any premises in
relation to which he exercises his power of entry under section 130.
30
(3)
The power in subsection (2) includes—
(a)
power to require any person holding or accountable for any documents
kept on the premises to produce them, and
(b)
in relation to any such documents kept by means of a computer, power
to require them to be produced in a form in which they are legible and
35
can be taken away.
(4)
In connection with inspecting any such documents the Chief Inspector—
(a)
may obtain access to, and inspect and check the operation of, any
computer and associated apparatus or material which he considers is or
has been in use in connection with the documents; and
40
(b)
may require a person within subsection (5) to afford him such
reasonable assistance as he may require for that purpose.

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Chapter 3 — Inspection of Further Education and Training etc.
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(5)
A person is within this subsection if he is—
(a)
the person by whom or on whose behalf the computer is or has been
used, or
(b)
a person having charge of, or otherwise concerned with the operation
of, the computer, apparatus or material.
5
(6)
The powers conferred by this section may be exercised by the Chief Inspector
at reasonable times only; and a person may not be required to do anything in
pursuance of any provision of this section otherwise than at a reasonable time.
(7)
Any person who without reasonable excuse—
(a)
obstructs the exercise of any power conferred by section 130 or this
10
section, or
(b)
fails to comply with any requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
Other provisions
15
132
Framework for inspections
(1)
The Chief Inspector must devise—
(a)
a common set of principles applicable to all inspections conducted
under this Chapter, or
(b)
two or more common sets of principles each of which is applicable to a
20
particular description of such inspections.
(2)
A set of principles devised under subsection (1)(a) or (b) is referred to in this
section as a “framework”.
(3)
If the Chief Inspector devises two or more frameworks under subsection (1)(b),
he must ensure that, taken together, they cover all inspections conducted
25
under this Chapter.
(4)
The Chief Inspector must publish a framework in such manner as he considers
appropriate.
(5)
The Chief Inspector may at any time revise a framework.
(6)
The Chief Inspector must publish a revised framework in such manner as he
30
considers appropriate.
133
Abolition of Adult Learning Inspectorate
(1)
The Adult Learning Inspectorate is abolished on the appointed day.
(2)
In this section “the appointed day” means the day appointed under section 186
for the coming into force of this section.
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