Education Act 2005

(6) When conducting an inspection under this section the Chief Inspector shall report in writing on— (a) the quality and standards of the child minding or day care provided, (b) how far the child minding or day care meets the needs of the range of children for whom it is provided, (c) the contribution made by the child minding or day care to the well-being of the children for whom it is provided, and (d) in the case of day care, the quality of leadership and management in connection with its provision. (6A) In subsection (6)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004.

• (8) Omit subsection (7).

4

• (1) Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is amended as follows.

• (2) Omit subsections (1) and (2).

• (3) For subsection (3) substitute—

(3) Where the Chief Inspector reports on an inspection under section 79Q he— (a) may send a copy of the report to the Secretary of State, and shall do so without delay if the Secretary of State requests a copy; (b) shall ensure that a copy of the report is sent to the registered person providing the child minding or day care that was inspected; (c) shall ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other authorities or persons as may be prescribed; and (d) may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.

• (4) After subsection (3) insert—

(3A) Regulations may make provision— (a) requiring a registered person to make a copy of any report sent to him under subsection (3)(b) available for inspection by prescribed persons, (b) requiring a registered person, except in prescribed cases, to provide a copy of the report to prescribed persons, and (c) authorising a registered person in prescribed cases to charge a fee for providing a copy of the report.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

• (1) Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended as follows.

• (2) In subsection (2)(a), omit “the quality and standards of”.

• (3) In subsection (4), for “section 42A of the School Inspections Act 1996” substitute “ section 29 of the Education Act 2005 ”.

6

In section 79U of the Children Act 1989 (rights of entry etc.), in subsection (4), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Part 2 — Nursery education: amendments of School Standards and Framework Act 1998

7

• (1) Section 122 of the School Standards and Framework Act 1998 (c. 31) (inspection of nursery education) is amended as follows.

• (2) In subsection (3), for “the Chief Inspector” substitute “ the Chief Inspector for Wales ”.

• (3) In subsection (4), for “ “the Chief Inspector” means Her Majesty's Chief Inspector of Schools in England or” substitute “ “the Chief Inspector for Wales” means“” .

8

Schedule 26 to the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.

9

• (1) Paragraph 1 is amended as follows.

• (2) In sub-paragraph (1)—

• (a) before paragraph (a) insert—

(za) nursery education provided in a maintained school or a maintained nursery school;

• (b) in paragraph (a), after “nursery education” insert “ not falling within paragraph (za) ”;

• (c) for paragraph (b) substitute—

(b) nursery education which is provided by any other person under arrangements made with that person by a local authority in pursuance of the duty imposed on the authority by section 118 and in consideration of financial assistance provided by the authority under the arrangements.

• (3) In sub-paragraph (2), for the words from “to whom” onwards substitute “ with whom a local authority are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements ”.

• (4) For sub-paragraph (3) substitute—

(3) Where— (a) any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and (b) that education is provided by a person— (i) who proposes to provide nursery education at those premises for children who have attained the prescribed age, and (ii) with whom a local authority are considering making arrangements of the kind mentioned in sub-paragraph (2), the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.

10

• (1) Paragraph 2 is amended as follows.

• (2) For sub-paragraph (1) substitute—

(1) In this Schedule— (a) “the Chief Inspector for England” means Her Majesty's Chief Inspector of Schools in England, (b) “the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and (c) “the Chief Inspector” (without more) means— (i) as respects nursery education provided in England, the Chief Inspector for England, and (ii) as respects nursery education provided in Wales, the Chief Inspector for Wales.

• (3) In sub-paragraph (2), after “registered” insert “ Welsh ”.

• (4) For sub-paragraph (3) substitute—

(3) In this Schedule “members of the Welsh Inspectorate” means— (a) the Chief Inspector for Wales, (b) Her Majesty's Inspectors of Education and Training in Wales, and (c) additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.

• (5) Omit sub-paragraph (4).

• (6) At the end insert—

(5) In this Schedule “well-being”— (a) in relation to children for whom nursery education is provided in England, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004, and (b) in relation to children for whom such education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of that Act.

11

In paragraph 3, before the “and” immediately following paragraph (a) insert—

(aa) how far relevant nursery education meets the needs of the range of children for whom it is provided, (ab) the quality of leadership and management in connection with the provision of relevant nursery education, (ac) the contribution of relevant nursery education to the well-being of the children for whom it is provided,

.

12

For paragraphs 6 and 7 substitute—

(6A) (1) The Chief Inspector for England— (a) shall at such intervals as may be prescribed inspect relevant nursery education provided in England, (b) shall inspect relevant nursery education, or nursery education under consideration for funding, provided in England, at any time when the Secretary of State requires the Chief Inspector for England to secure its inspection, and (c) may inspect relevant nursery education, or nursery education under consideration for funding, provided in England, at any other time when the Chief Inspector for England considers that it would be appropriate for it to be inspected. (2) Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 5 of the Education Act 2005 (inspections of certain schools) applies. (3) A requirement such as is mentioned in sub-paragraph (1)(b) may be imposed in relation to nursery education provided at particular premises or a class of premises. (4) Regulations may make provision requiring the responsible person to notify prescribed persons of the fact that relevant nursery education or nursery education under consideration for funding provided by the responsible person is to be inspected under this paragraph. (5) In sub-paragraph (4) “the responsible person”, in relation to any relevant nursery education or nursery education under consideration for funding, means such person as may be prescribed. (6B) (1) The Chief Inspector for Wales— (a) shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed, (b) shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and (c) may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected. (2) Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies. (3) The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections. (4) A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises. (7) A person conducting an inspection under paragraph 6A or 6B shall report on— (a) the quality and standards of the nursery education provided, (b) how far that nursery education meets the needs of the range of children for whom the education is provided, (c) the quality of leadership and management in connection with the provision of the nursery education, (d) the contribution made by that nursery education to the well-being of those children, and (e) so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.

13

At the end of the heading before paragraph 8 insert “ for Wales ”.

14

• (1) Paragraph 8 is amended as follows.

• (2) In sub-paragraph (1), omit the words from the beginning to “England and”.

• (3) After “Chief Inspector” wherever occurring in sub-paragraphs (2) to (8) insert “ for Wales ”.

• (4) In sub-paragraph (2)—

• (a) for “6” (in both places) substitute “ 6B ”, and

• (b) in paragraph (a), after “registered” insert “ Welsh ”.

• (5) In sub-paragraph (3)—

• (a) in paragraph (a), after “registered” insert “ Welsh ”, and

• (b) in paragraph (b), for “6” substitute “ 6B ”.

• (6) In sub-paragraph (5), omit “England and”.

• (7) In sub-paragraph (7), for “registered nursery education inspector” substitute “ registered Welsh nursery education inspector ”.

15

• (1) Paragraph 9 is amended as follows.

• (2) In sub-paragraph (1), after “Chief Inspector” insert “ for Wales ”.

• (3) In sub-paragraph (2)—

• (a) in paragraph (a), after “registered” insert “ Welsh ”, and

• (b) in paragraphs (a) and (d), for “6” substitute “ 6B ”.

• (4) In sub-paragraph (3), after “Chief Inspector” insert “ for Wales ”.

• (5) Omit sub-paragraph (5).

16

• (1) Paragraph 10 is amended as follows.

• (2) In sub-paragraph (1), after “Chief Inspector” insert “ for Wales ”.

• (3) Omit sub-paragraph (1A).

• (4) For sub-paragraph (2) substitute—

(2) An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.

• (5) In sub-paragraphs (4) and (5) after “Chief Inspector” insert “ for Wales ”.

17

For the heading before paragraph 11 substitute “ Training of registered Welsh nursery education inspectors ”.

18

• (1) Paragraph 11 is amended as follows.

• (2) In sub-paragraph (1)—

• (a) after “registered” insert “ Welsh ”, and

• (b) after “Chief Inspector”, in both places, insert “ for Wales ”.

• (3) In sub-paragraphs (2) and (3), after “Chief Inspector” insert “ for Wales ”.

19

In paragraph 12, for “6” substitute “ 6B ”.

20

For paragraph 13 (and the heading immediately preceding it) substitute—

(13A) (1) After an inspection under paragraph 6A, the Chief Inspector for England shall— (a) make a report in writing, and (b) ensure that a copy of the report is sent without delay— (i) to the responsible person, and (ii) to such other authorities and persons as may be prescribed. (2) Regulations may make provision— (a) requiring the responsible person to make a copy of any report sent to him under sub-paragraph (1)(b)(i) available for inspection by prescribed persons, (b) requiring the responsible person to provide a copy of the report to prescribed persons, and (c) authorising the responsible person in prescribed cases to charge a fee for providing a copy of the report. (3) In sub-paragraph (2) “responsible person” has the meaning given by paragraph 6A(5). (4) Subsections (2) to (4) of section 11 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to England as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section. (13B) (1) Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary. (2) Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed. (3) Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons. (4) Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.

21

For paragraph 14 substitute—

(14) (1) The annual report of the Chief Inspector for England required by paragraph (a) of section 3 of the Education Act 2005 to be made to the Secretary of State shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by paragraph (b) of that section to make other reports to the Secretary of State includes a power to make reports which fall within the scope of his functions by virtue of this Schedule. (2) The annual report of the Chief Inspector for Wales required by subsection (1)(a) of section 21 of the Education Act 2005 to be made to the National Assembly for Wales shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by subsection (1)(b) of that section to make other reports to the Assembly includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.

22

In paragraph 16, for “6” substitute “ 6A or 6B ”.

23

For paragraph 17 substitute—

(17) Where an inspection in Wales is being conducted by a registered Welsh nursery education inspector under paragraph 6B, the Chief Inspector for Wales may arrange for the inspection to be monitored by one or more members of the Welsh Inspectorate.

24

• (1) Paragraph 18 is amended as follows.

• (2) For sub-paragraph (1) substitute—

(1) This paragraph applies to— (a) the Chief Inspector for England when conducting an inspection under paragraph 6A, (b) a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or (c) a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.

• (3) For sub-paragraphs (3) and (4) substitute—

(3) Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act. (4) It shall be an offence— (a) intentionally to obstruct the Chief Inspector for England in the exercise of his functions in relation to an inspection under paragraph 6A, or (b) intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.

SCHEDULE 8

1

In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

For sections 163 and 164 of the 2002 Act substitute—

(163) (1) The registration authority may at any time— (a) require the Chief Inspector for Wales to inspect any registered school in Wales, or to secure its inspection by one or more registered inspectors, or (b) arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection. (2) The inspection of a school under this section shall relate to— (a) such of the independent school standards as are, at the time of the inspection, specified by the registration authority for the purposes of this section in relation to any category of school into which that school falls, or (b) if the registration authority so determines, such of the independent school standards as the registration authority may specify in relation to that school. (3) A person who conducts an inspection under this section shall— (a) make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and (b) if the registration authority so requires, arrange for the publication of the report in the prescribed manner. (4) A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection). (5) In this section and section 164— - “the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales; - “registered inspector” means a person registered under section 25 of the Education Act 2005. (164) (1) This section applies to the inspection of a school which is conducted by the Chief Inspector for Wales or a registered inspector under section 163(1)(a). (2) If the inspection is conducted by a registered inspector— (a) he may, by agreement with the Chief Inspector for Wales, be assisted by the Chief Inspector for Wales, and (b) he may be assisted by such one or more persons enrolled in the list kept under paragraph 4 of Schedule 4 to the Education Act 2005 as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below. (3) If the Chief Inspector for Wales so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)— (a) who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and (b) whose primary function in the inspection is not that of providing financial or business expertise. (4) If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector for Wales. (5) The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times— (a) a right of entry to the premises of the school, and (b) a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection. (6) Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b). (7) It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection. (8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (9) The proprietor of the school shall pay the Chief Inspector for Wales, in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations. (10) Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register. (11) The Chief Inspector for Wales shall pay the amount of any fee received under subsection (9) into the Consolidated Fund. (12) Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector for Wales).

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit the definition of “registered inspector”.

SCHEDULE 9

Parliamentary Commissioner Act 1967 (c. 13)

1

In Schedule 4 to the Parliamentary Commissioner Act 1967, omit the entry beginning “Registered Inspectors of Schools Appeal Tribunals”.

Employment and Training Act 1973 (c. 50)

2

• (1) Section 10B of the Employment and Training Act 1973 (inspection) is amended as follows.

• (2) For subsection (6) substitute—

(6) A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005— (a) section 10(1)(a) and (d) (right of access), and (b) section 58 (computer records).

• (3) In subsection (7), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.

House of Commons Disqualification Act 1975 (c. 24)

3

Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 is to continue to include the following entries (originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in force by paragraph 2 of Schedule 6 to the School Inspections Act 1996 and amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000)—

Her Majesty's Chief Inspector of Schools in England. Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolgydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4

Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is to continue to include the same entries as those specified in paragraph 3 of this Schedule (originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in force by paragraph 3 of Schedule 6 to the School Inspections Act 1996 and amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000).

Education Reform Act 1988 (c. 40)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunals and Inquiries Act 1992 (c. 53)

6

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), in paragraph 15(d) for “Schedule 2 to the School Inspections Act 1996 (c. 57)” substitute “ Schedule 3 to the Education Act 2005 ”.

Judicial Pensions and Retirement Act 1993 (c. 8)

7

In section 26 of the Judicial Pensions and Retirement Act 1993 (retirement date for holders of certain judicial offices etc.) in subsection (8)(h), for “Schedule 2 to the School Inspections Act 1996” substitute “ Schedule 3 to the Education Act 2005 ”.

Disability Discrimination Act 1995 (c. 50)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996 (c. 56)

9

In section 578(1) (meaning of “the Education Acts”) omit “the School Inspections Act 1996”.

10

In Schedule 36 to the Education Act 1996 (uniform statutory trusts for educational endowments), in paragraph 2(b) for “Part I of the School Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

Education Act 1997 (c. 44)

11

In section 38 of the Education Act 1997 (inspection of local authorities) in subsection (5)(b) for “paragraph 2 of Schedule 1 to the School Inspections Act 1996” substitute “ paragraph 2 of Schedule 1 to the Education Act 2005 or (as the case requires) paragraph 2 of Schedule 2 to that Act ”.

12

In section 39 of the Education Act 1997 (reports of inspections under section 38 and action plan by local authority), in subsection (4)—

• (a) for “section 42A(2) to (4) of the School Inspections Act 1996” substitute “ section 11(2) to (4) of the Education Act 2005 or, in relation to Wales, section 29(2) to (4) of that Act ”, and

• (b) for “section 42A(2)” substitute “ section 11(2) or, as the case may be, section 29(2) ”.

13

In section 40 (inspector's right of entry etc.), in subsection (4) for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

School Standards and Framework Act 1998 (c. 31)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government of Wales Act 1998 (c. 38)

22

In Schedule 6 to the Government of Wales Act 1998 (Her Majesty's Chief Inspector of Education and Training in Wales), in the definition of “the Office of the Chief Inspector” in paragraph 1, for “(in accordance with section 4(3) of, and Schedule 1 to, the School Inspections Act 1996)” substitute “ (in accordance with section 19(3) of, and Schedule 2 to, the Education Act 2005) ”.

Protection of Children Act 1999 (c. 14)

23

In section 9 of the Protection of Children Act 1999 (tribunal to hear certain appeals) omit subsection (2)(ca).

Learning and Skills Act 2000 (c. 21)

24

In section 75 of the Learning and Skills Act 2000 (extended remit of Chief Inspector for Wales), in subsection (2)(a), for “the Schools Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

25

In section 86 of the Learning and Skills Act 2000 (annual reports), in subsection (1), for “section 5(7)(a) of the School Inspections Act 1996” substitute “ section 21(1)(a) of the Education Act 2005 ”.

26

• (1) Section 118 of the Learning and Skills Act 2000 (inspection) is amended as follows.

• (2) For subsection (5) substitute—

(5) A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005— (a) section 10(1)(a) and (d) (right of access), and (b) section 58 (computer records).

• (3) In subsection (6), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.

27

• (1) Section 128 of the Learning and Skills Act 2000 (conduct and effect of inspections) is amended as follows.

• (2) For subsection (2) substitute—

(2) A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005— (a) section 24(3)(a) and (d) (right of access), and (b) section 58 (computer records).

• (3) In subsection (3), for “Section 42A” substitute “ Section 29 ”.

Education Act 2002 (c. 32)

28

In section 63 of the Education Act 2002 (power to require local authority to obtain advisory services) in subsection (1)(a)(i) for “with serious weaknesses” substitute “ requiring significant improvement ”.

29

In section 159 of the Education Act 2002 (unregistered independent schools), in subsection (5), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

30

In section 36 of the Nationality, Immigration and Asylum Act 2002 (education: general), in subsection (9)(a), for “the School Inspections Act 1996 (c. 57)” substitute “ Part 1 of the Education Act 2005 (school inspections) ”.

SCHEDULE 10

Part 1 — Introductory

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Approval of proposals by school organisation committee or adjudicator

Submission of proposals to school organisation committee

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of proposals

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mandatory reference to adjudicator

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of reference to adjudicator

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals to establish Academy

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

local authorityPart 3 — Determination by whether to implement proposals

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Implementation of proposals

Requirement to implement proposal to establish maintained school

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals not falling to be implemented

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to implement proposals relating to community school

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to implement proposals relating to foundation or voluntary controlled school

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to implement proposals relating to voluntary aided school

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals relating to Academy

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

Part 1 — Introductory

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Directions to bring forward proposals

Directions to bring forward proposals to remedy excessive provision

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions to bring forward proposals to remedy insufficient provision

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Proposals by Secretary of State

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Procedure for dealing with proposals under paragraph 7

Objections

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of proposals

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference to adjudicator of other proposals

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local inquiry into proposals

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals relating to Academy

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation of proposals

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 — Transitional exemption orders for purposes of Sex Discrimination Act 1975

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12

Education Act 1996 (c. 56)

1

• (1) Section 5 of the Education Act 1996 (primary schools, secondary schools and middle schools) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (5) for the words from the beginning to “subsection” substitute “ The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection ”.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In section 580 of the Education Act 1996 (index), after the entry beginning “relevant standard number” insert—

relevant upper age (in relation to a middle school)	section 5(3)(b)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School Standards and Framework Act 1998 (c. 31)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 2002 (c. 32)

16

In section 129 of the Education Act 2002 (transfer of employment), in subsection (1)(a) after “section 28” insert “ , 28A ”.

SCHEDULE 13

Supplementary powers

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chief officer

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of members of the Agency

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Salaries, allowances and pensions

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of seal and proof of instruments

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status of Agency

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14

Public Records Act 1958 (c. 51)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary Commissioner Act 1967 (c. 13)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation Act 1972 (c. 11)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c. 24)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex Discrimination Act 1975 (c. 65)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Race Relations Act 1976 (c. 74)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education (Fees and Awards) Act 1983 (c. 40)

9

In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), in subsection (3) for paragraph (e) substitute—

(e) any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial support under section 78 of that Act from the Training and Development Agency for Schools; (ee) any institution eligible for funding by the Higher Education Funding Council for Wales under Part 3 of that Act;

.

Education (No. 2) Act 1986 (c. 61)

10

In the Education (No. 2) Act 1986, omit section 50 (grants for teacher training, etc.).

Education Act 1994 (c. 30)

11

Omit sections 1 to 11 of the Education Act 1994.

12

Omit sections 12 to 17 of the Education Act 1994.

13

For section 18A of the Education Act 1994 substitute—

(18B) (1) Her Majesty's Chief Inspector of Schools in England (“the Chief Inspector”) may inspect and report on— (a) any initial training of teachers, or specialist teaching assistants, for schools, or (b) any in-service training of such teachers or assistants, which is provided by a training provider. (2) When asked to do so by the Secretary of State, the Chief Inspector must— (a) give advice to the Secretary of State on such matters connected with training falling within subsection (1)(a) or (b) as may be specified in the Secretary of State's request; (b) inspect and report on such one or more relevant training providers in England as may be so specified. (3) The Chief Inspector may at any time give advice to— (a) the Secretary of State, (b) the Training and Development Agency for Schools, or (c) the General Teaching Council for England, on any matter connected with training falling within subsection (1)(a) or (b). (4) The Chief Inspector may— (a) make such reports of inspections carried out by him under this section as he considers appropriate, and (b) arrange for any such report to be published in such manner as he considers appropriate, and subsections (2) to (4) of section 11 of the 2005 Act (publication of inspection reports) apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section. (5) When inspecting a training provider under this section, the Chief Inspector has at all reasonable times— (a) a right of entry to the premises of the training provider, and (b) a right to inspect, and take copies of, any records kept by the training provider, and any other documents containing information relating to the training provider, which he considers relevant to the exercise of his functions under this section; and section 58 of the 2005 Act (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of the 2005 Act. (6) Without prejudice to subsection (5), a training provider to which an inspection under this section relates— (a) must give the Chief Inspector all assistance in connection with the exercise of his functions under this section which he is reasonably able to give, and (b) must secure that all such assistance is also given by persons who work for the training provider. (7) The Chief Inspector may not carry out any inspection under subsection (1) unless— (a) at least eight weeks previously, he has given notice of his intention to carry out the inspection— (i) to the training provider concerned, or (ii) where the training is provided by a partnership or association of training providers, to one of those training providers, or (b) with the agreement of that training provider or (as the case may be) one of those training providers, he has given it shorter notice of that intention. (8) Any notice under subsection (7)— (a) must be given in writing, and (b) may be sent by post; and any such notice may (without prejudice to any other lawful method of giving it) be addressed to a training provider at any address which the training provider has notified to the Training and Development Agency for Schools as its address. (9) Nothing in this section confers any right or imposes any duty, whether as regards the carrying out of any inspection or otherwise, in relation to any course which consists of instruction given wholly or mainly for purposes other than training falling within subsection (1)(a) or (b). (10) Any reference in this section to the Chief Inspector is to be read, in relation to any inspection which he is authorised or required to carry out under this section, as including a reference to any person authorised to act on his behalf under paragraph 5(1) or (2) of Schedule 1 to the 2005 Act. (11) Nothing in this section is to be taken as prejudicing the generality of sections 2 to 4 of, or paragraph 5(1) or (2) of Schedule 1 to, the 2005 Act. (12) In this section— (a) “the 2005 Act” means the Education Act 2005; (b) “training provider” has the same meaning as in Part 3 of the 2005 Act; (c) “relevant training provider” means any training provider who provides training falling within subsection (1)(a) or (b); (d) “in-service training” includes any training provided to a teacher serving an induction period (within the meaning of section 19 of the Teaching and Higher Education Act 1998); (e) “documents” and “records” each include information recorded in any form. (18C) (1) Her Majesty's Chief Inspector of Education and Training in Wales (“the Chief Inspector”) may inspect and report on— (a) any initial training of teachers, or specialist teaching assistants, for schools, or (b) any in-service training of such teachers or assistants, which is provided by a training provider in Wales. (2) When asked to do so by the National Assembly for Wales, the Chief Inspector must— (a) give advice to the Assembly on such matters connected with training falling within subsection (1)(a) or (b) as may be specified in the Assembly's request; (b) inspect and report on such one or more relevant training providers as may be so specified. (3) The Chief Inspector may at any time give advice to— (a) the Assembly, (b) a funding agency, or (c) the General Teaching Council for Wales, on any matter connected with training falling within subsection (1)(a) or (b). (4) The Chief Inspector may— (a) make such reports of inspections carried out by him under this section as he considers appropriate, and (b) arrange for any such report to be published in such manner as he considers appropriate, and subsections (2) to (4) of section 29 of the 2005 Act (publication of inspection reports) apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section. (5) When inspecting a training provider under this section, the Chief Inspector has at all reasonable times— (a) a right of entry to the premises of the training provider, and (b) a right to inspect, and take copies of, any records kept by the training provider, and any other documents containing information relating to the training provider, which he considers relevant to the exercise of his functions under this section; and section 58 of the 2005 Act (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of the 2005 Act. (6) Without prejudice to subsection (5), a training provider to which an inspection under this section relates— (a) must give the Chief Inspector all assistance in connection with the exercise of his functions under this section which he is reasonably able to give, and (b) must secure that all such assistance is also given by persons who work for the training provider. (7) The Chief Inspector may not carry out any inspection under subsection (1) unless— (a) at least eight weeks previously, he has given notice of his intention to carry out the inspection— (i) to the training provider concerned, or (ii) where the training is provided by a partnership or association of training providers, to one of those training providers, or (b) with the agreement of that training provider or (as the case may be) one of those training providers, he has given it shorter notice of that intention. (8) Any notice under subsection (7)— (a) must be given in writing, and (b) may be sent by post; and any such notice may (without prejudice to any other lawful method of giving it) be addressed to a training provider at any address which the training provider has notified to a funding agency as its address. (9) Nothing in this section confers any right or imposes any duty, whether as regards the carrying out of any inspection or otherwise, in relation to any course which consists of instruction given wholly or mainly for purposes other than training falling within subsection (1)(a) or (b). (10) Any reference in this section to the Chief Inspector is to be read, in relation to any inspection which he is authorised or required to carry out under this section, as including a reference to any person authorised to act on his behalf under paragraph 5(1) or (2) of Schedule 2 to the 2005 Act. (11) Nothing in this section is to be taken as prejudicing the generality of sections 20 to 23 of, or paragraph 5(1) or (2) of Schedule 2 to, the 2005 Act. (12) In this section— (a) “the 2005 Act” means the Education Act 2005; (b) “funding agency” means the Higher Education Funding Council for Wales or the Training and Development Agency for Schools; (c) “training provider” has the same meaning as in Part 3 of the 2005 Act; (d) “relevant training provider” means any training provider who provides training falling within subsection (1)(a) or (b); (e) “in-service training” includes any training provided to a teacher serving an induction period (within the meaning of section 19 of the Teaching and Higher Education Act 1998); (f) “documents” and “records” each include information recorded in any form.

14

In section 19 of the Education Act 1994 (interpretation)—

• (a) omit subsections (1) to (4), and

• (b) in subsection (5), for “Other expressions, if” substitute “ Expressions ”.

15

Omit Schedule 1 to the Education Act 1994.

Education Act 1996 (c. 56)

16

• (1) Section 398 of the Education Act 1996 (no requirements of attendance at Sunday school etc.) is amended as follows.

• (2) In paragraph (b) for “teacher training” substitute “ any training for members of the school workforce ”.

• (3) Renumber the section as so amended as subsection (1), and at the end insert—

(2) In subsection (1)(b), the reference to training for members of the school workforce is to be read in accordance with sections 75(5) and 96(1) of the Education Act 2005.

17

• (1) Section 450 of the Education Act 1996 (prohibition of charges for admission) is amended as follows.

• (2) In subsection (2), for paragraph (c) substitute—

(c) training for members of the school workforce.

• (3) After that subsection insert—

(3) In subsection (2)(c), the reference to training for members of the school workforce is to be read in accordance with sections 75(5) and 96(1) of the Education Act 2005.

Audit Commission Act 1998 (c. 18)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Teaching and Higher Education Act 1998 (c. 30)

19

• (1) Section 26 of the Teaching and Higher Education Act 1998 (which relates to the imposition of conditions as to fees at higher education institutions and is to be repealed by the Higher Education Act 2004 (c. 8)) is amended as follows.

• (2) In subsection (3)—

• (a) for “section 7(1) of the 1994 Act” substitute “ section 81(1), 82(1) or 88(1) of the 2005 Act ”,

• (b) in paragraph (c), for “Teacher Training Agency” substitute “ Training and Development Agency for Schools ”, and

• (c) for “section 5 of the 1994 Act” substitute “ section 78 or 86 of the 2005 Act ”.

• (3) In subsection (9)—

• (a) for the definition of “the 1994 Act” substitute—

“the 2005 Act” means the Education Act 2005;

,

• (b) after the definition of “course” insert—

“governing body”, in relation to a training provider within the meaning of Part 3 of the 2005 Act who would not apart from this subsection be regarded as an institution, means the training provider; “institution” includes any training provider within the meaning of Part 3 of the 2005 Act (whether or not the training provider would apart from this subsection be regarded as an institution);

.

• (4) In subsection (11)—

• (a) for “the 1994 Act” substitute “ the 2005 Act ”, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

• (1) In section 28(1) of the Teaching and Higher Education Act 1998 (interpretation of Chapter 1 of Part 2), in the definition of “publicly-funded institution” (which is to be repealed by the Higher Education Act 2004 (c. 8)), for “section 5 of the Education Act 1994” substitute “ section 78 or 86 of the Education Act 2005 ”.

• (2) In section 28(1) of the 1998 Act, references to an institution in that definition and in the definition of “fees” (which is also to be repealed by the Higher Education Act 2004 (c. 8)) are to be read in accordance with section 26(9) of the 1998 Act as amended by paragraph 19(3)(b) of this Schedule.

• (3) In sub-paragraph (2), “the 1998 Act” means the Teaching and Higher Education Act 1998 (c. 30).

Government of Wales Act 1998 (c. 38)

21

• (1) Section 145B of the Government of Wales Act 1998 (studies at request of educational bodies) is amended as follows.

• (2) In the Table in subsection (1) for the entry relating to the governing body of an institution in Wales receiving financial support under Part 1 of the Education Act 1994 substitute—

The governing body of an institution in Wales receiving financial support under section 86 of the Education Act 2005 from the Higher Education Funding Council for Wales.	The governing body or the Higher Education Funding Council for Wales
A training provider (within the meaning of Part 3 of the Education Act 2005) receiving financial support under section 78 of that Act from the Training and Development Agency for Schools, except where that financial support is wholly derived from grants made to the Agency by the Secretary of State.	The training provider or the Training and Development Agency for Schools.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 2002 (c. 32)

23

• (1) Section 14 of the Education Act 2002 (power of Secretary of State and Assembly to give financial assistance for purposes related to education or childcare) is amended as follows.

• (2) After subsection (2) insert—

(2ZA) In subsection (2)(g), “training for teachers or for non-teaching staff” includes— (a) any training or education (whether or not constituting higher education) with the object of fitting persons to be teachers or non-teaching staff, or better teachers or non-teaching staff, and (b) any assessment related to the award of a qualification or status to teachers or non-teaching staff, or prospective teachers or non-teaching staff.

• (3) In the definition of “education” in subsection (3), after “but” insert “ , except in subsection (2ZA)(a), ”.

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Higher Education Act 2004 (c. 8)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

In section 48 of the Higher Education Act 2004 (c. 8) (general interpretation)—

• (a) omit the definition of “the 1994 Act”, and

• (b) after the definition of “the 1998 Act” insert—

“the 2005 Act” means the Education Act 2005;

.

SCHEDULE 15

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renaming of Agency

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Existing members of Agency

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection of teacher training

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to have regard to needs of disabled persons

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 16

1

In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).

Power to provide for budgets to relate to period other than financial year

2

• (1) Section 45 of the 1998 Act (maintained schools to have budget shares) is amended as follows.

• (2) In subsection (1) for “financial year” substitute “ funding period ”.

• (3) After subsection (1A) insert—

(1B) In this Chapter “funding period” means a financial year or such other period as may be prescribed.

• (4) In subsection (2)—

• (a) for “45A and” substitute “ 45A to ”, and

• (b) for “financial year” substitute “ funding period ”.

Determination of budgets

3

• (1) Section 45A of the 1998 Act (determination of specified budgets of local authority) is amended as follows.

• (2) In subsection (1)—

• (a) for “financial year” substitute “ relevant period ”, and

• (b) for “that year” substitute “ that period ”.

• (3) After subsection (1) insert—

(1A) In subsection (1) “relevant period” means a financial year or such other period as may be prescribed.

• (4) In subsection (2)—

• (a) for “financial year” substitute “ funding period ”, and

• (b) for “that year” substitute “ that period ”.

• (5) After that subsection insert—

(2A) The amount referred to in subsection (2) includes the amount of any grant which is appropriated, for meeting the expenditure mentioned in that subsection, in accordance with a condition which— (a) is imposed under section 16 of the Education Act 2002 (terms on which assistance under section 14 of that Act is given) or any other enactment, and (b) requires that the grant be applied as part of the authority's schools budget for the funding period.

• (6) In subsection (3)—

• (a) for “financial year” substitute “ funding period ”, and

• (b) for “that year” (in both places) substitute “ that period ”.

• (7) After subsection (4) insert—

(4A) Regulations under subsection (3) may also make provision— (a) enabling any expenditure falling outside any classes or descriptions of expenditure prescribed by virtue of subsection (4)(a) to be deducted from the authority's schools budget if the deduction of such expenditure is authorised, on the application of the authority, by the authority's schools forum or the Secretary of State, and (b) enabling any limit or condition that would otherwise apply by virtue of subsection (4)(b)(i) or (ii) to be varied or excluded, on the application of the authority, by the authority's schools forum or the Secretary of State.

• (8) Omit subsections (5) and (6).

4

After section 45A insert—

(45AA) (1) Regulations may require a local authority in England, not later than the prescribed date, to make an initial determination of their schools budget for a funding period. (2) The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period. (3) Regulations under subsection (1) may— (a) authorise or require local authorities in England to take account of matters arising after the initial determination of their schools budgets for any funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and (b) require notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the local authority. (45AB) (1) Before the schools budget deadline in any funding period, a local authority in Wales must— (a) determine the proposed amount of their schools budget for the following funding period, and (b) give notice of their determination to the National Assembly for Wales and to the governing body of every school maintained by the authority. (2) For the purposes of this section “the schools budget deadline”, in relation to an authority in Wales, means the end of January or such other time as may be prescribed. (45AC) (1) Regulations may require a local authority in Wales, not later than the prescribed date, to make an initial determination of their schools budget for a funding period. (2) The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period. (3) Regulations under subsection (1) may— (a) authorise or require local authorities in Wales to take account of matters arising after the initial determination of their schools budgets for the funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and (b) require notice of any initial determination or revised determination to be given in accordance with the regulations to the Assembly and to the governing bodies of schools maintained by the local authority. (4) Regulations under subsection (1) are not to have effect in relation to an authority's schools budget for any funding period if section 45AB is in force in relation to that funding period.

5

For sections 45B and 45C of the 1998 Act substitute—

(45B) (1) If it appears to the National Assembly for Wales that, in all the circumstances, the proposed amount of a local authority's schools budget for a funding period is inadequate, the Assembly may, within the period of fourteen days beginning with the schools budget deadline in the funding period preceding that funding period, give the authority a notice under subsection (6) or (7). (2) In subsection (1), the reference to the proposed amount of a local authority's schools budget for a funding period is— (a) if section 45AB is in force in relation to that funding period, a reference to the amount specified in a notice under section 45AB(1)(b), or (b) if regulations under section 45AC(1) are in force in relation to that funding period, a reference to such amount, determined by the authority in accordance with those regulations and specified in a notice required by those regulations to be given to the Assembly, as may be prescribed. (3) If at the schools budget deadline in any funding period, a local authority in Wales have failed to give the Assembly a notice under section 45AB(1)(b) or a notice required as mentioned in subsection (2)(b), the Assembly may, at any time after that deadline, give the authority a notice under subsection (6) or (7). (4) In this section “the schools budget deadline”— (a) in a case falling within subsection (2)(a), has the same meaning as in section 45AB, and (b) in a case falling within subsection (2)(b), means the time in the funding period preceding the funding period to which the schools budget relates by which regulations under section 45AC(1) require notice of a revised determination of the schools budget to be given to the Assembly. (5) In this section and section 45C “the period under consideration” means the funding period to which the notice mentioned in subsection (2)(a) or (b) relates or, in a case falling within subsection (3), the funding period in relation to which such a notice ought to have been given. (6) A notice under this subsection is a notice determining the minimum amount of the authority's schools budget for the period under consideration. (7) A notice under this subsection is a notice which— (a) specifies the amount which the Assembly would have determined as the minimum amount of the authority's schools budget for the period under consideration if the Assembly had acted under subsection (4), and (b) states the Assembly's intention to determine the minimum amount of the authority's schools budget for the following funding period. (8) A notice under subsection (6) or (7) must include a statement of the Assembly's reasons for giving the notice. (9) The Assembly may act under different subsections in relation to different authorities. (45C) (1) The local authority may, within the period of fourteen days beginning with the date of a notice under section 45B(6), give the National Assembly for Wales notice of their objection to the Assembly's determination, giving reasons for their objection. (2) Where the local authority have given notice of their objection under subsection (1), the notice under section 45B(6) shall cease to have effect, but the Assembly may by order prescribe the minimum amount of the authority's schools budget for the period under consideration. (3) The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(6). (4) An order under subsection (2) may relate to two or more authorities. (5) Where— (a) a notice under section 45B(6) has been given to a local authority and no notice of objection has been given during the period specified in subsection (1), or (b) an order has been made under subsection (2), the local authority shall determine a schools budget for the period under consideration which is not less than the amount specified in relation to the authority in the notice or order. (45D) The Assembly may by order— (a) repeal any of the following provisions— - section 45AB, - section 45AC(4), and - sections 45B and 45C, and (b) make any amendments of the other provisions of this Chapter which appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).

Determination of schools' budget shares

6

• (1) Section 47 of the 1998 Act (determination of school's budget share) is amended as follows.

• (2) In subsection (1)—

• (a) for “financial year” substitute “ funding period ”, and

• (b) for “that year” substitute “ that period ”.

• (3) In subsection (2)—

• (a) after paragraph (d) insert—

(dd) authorising or requiring such authorities to take account of matters arising after the initial determination of budget shares for a funding period but before the beginning of the funding period, by redetermining budget shares for that period in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;

,

• (b) in paragraph (e) for “financial year” substitute “ funding period ” and for “year” in sub-paragraphs (i) and (ii) substitute “ funding period ”,

• (c) after paragraph (f) insert—

(ff) requiring notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the authority in question;

, and

• (d) for paragraph (g) substitute—

(g) authorising local authorities in prescribed cases to determine (or redetermine) budget shares, to such extent as may be prescribed, in accordance with arrangements approved by the authority's schools forum or the Secretary of State in accordance with the regulations (in place of the arrangements provided for by the regulations);

.

• (4) After subsection (2) insert—

(2A) The time by which regulations made in pursuance of subsection (2)(a) require an initial determination of schools' budget shares for a funding period to be made may be up to 48 months before the beginning of the funding period.

Functions of schools forum

7

In section 47A of the 1998 Act (schools forums) for subsection (3) substitute—

(3) The purpose of a schools forum is— (a) to advise the relevant authority on such matters relating to the authority's schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection, and (b) to exercise any function that may be imposed on the schools forum by virtue of section 45A(4A) or 47(2)(g).

Certain regulations to be subject to affirmative procedure

8

In section 138 of the 1998 Act (orders and regulations), in subsection (5) (orders and regulations that are subject to affirmative procedure) after paragraph (b) insert

or (c) the first regulations to be made under section 45AA, or (d) the first regulations to be made under section 47 in relation to England after the coming into force of paragraph 6 of Schedule 16 to the Education Act 2005,

.

SCHEDULE 17

1

Schedule 22 to the School Standards and Framework Act 1998 (c. 31) (disposal of land in case of certain schools and disposals on discontinuance) is amended as follows.

2

• (1) Paragraph 1 (disposal of land by governing body of foundation, voluntary or foundation special school) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) at the beginning insert “ Subject to sub-paragraph (1A), ”, and

• (b) in paragraph (a), after “paragraph 5(4)(c)” insert “ or 5(4B)(d) ”.

• (3) After sub-paragraph (1) insert—

(1A) This paragraph does not apply to any disposal which— (a) is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and (b) is a disposal to the trustees of the school made on the school becoming a school with a foundation falling within section 21(1)(a).

• (4) In sub-paragraph (2), for “any such disposal” substitute “ any disposal to which this paragraph applies ”.

• (5) In sub-paragraph (3), after “any such disposal” insert “ and he decides to give that consent ”.

3

In paragraph 2 (disposal of land by foundation body), in sub-paragraph (3) after “any such disposal” insert “ and he decides to give that consent ”.

4

After paragraph 2 insert—

(2A) (1) This paragraph applies to any disposal by the trustees of a foundation or foundation special school of— (a) any land acquired under paragraph 2 of Schedule 3, under paragraph 16 of Schedule 6 (including that provision as applied by any enactment), under paragraph 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8, (b) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in paragraph (a), or (c) any land falling within sub-paragraph (2) which was acquired by the trustees from the governing body of the school or of another foundation or foundation special school. (2) Land falls within this sub-paragraph if— (a) it had been acquired by the governing body— (i) under a transfer under section 201(1)(a) of the Education Act 1996, or (ii) under any of the provisions mentioned in sub-paragraph (1)(a), or (b) it had been acquired by the governing body, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in paragraph (a). (3) The trustees shall not make any disposal to which this paragraph applies without the written consent of the Secretary of State. (4) Where the trustees apply to the Secretary of State for his consent to any such disposal and he decides to give that consent, he may do one or more of the following, namely— (a) require the land or any part of the land to be transferred to such local authority as he may specify, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate; and (b) give the trustees, when the land or any part of the land is disposed of— (i) a direction to pay to such local authority as he may specify the whole or any part of the proceeds of the disposal; and (ii) a direction as to the use to which the whole or any part of the proceeds of disposal should be put. (5) More than one direction may be given under sub-paragraph (4)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease. (6) Where the trustees of a foundation or foundation special school wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools— (a) the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and (b) the value of the land as at the date of any direction under sub-paragraph (4)(b)(i) or (ii) shall be treated as proceeds of the disposal of the land.

5

• (1) Paragraph 3 (disposal of land by trustees of foundation, voluntary or foundation special school) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) at the beginning insert “ Subject to sub-paragraph (2A), ”, and

• (b) in paragraph (a), after “enactment)” insert “ , under paragraph 5(4B)(d) of this Schedule ”.

• (3) After sub-paragraph (2) insert—

(2A) Nothing in sub-paragraph (1) applies in relation to any disposal to the extent that it is a disposal to which paragraph 2A applies.

6

• (1) Paragraph 5 (discontinuance of foundation, voluntary and foundation special schools: land) is amended as follows.

• (2) After sub-paragraph (4) insert—

(4A) Where the school is a foundation or foundation special school which has a foundation, the trustees of the school shall apply to the Secretary of State for him to exercise his powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), (b) or (c) which is held by the trustees for the purposes of the school. (4B) On an application under sub-paragraph (4A), the Secretary of State may do one or more of the following, namely— (a) make any such requirement as is mentioned in paragraph 2A(4)(a); (b) where the trustees have power to use the land for the purposes of another foundation or foundation special school or for the purposes of a voluntary school, direct the trustees to exercise that power in such manner as he may specify; (c) direct the trustees to pay to such local authority as he may specify the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (4A); and (d) in a case where the discontinuance of the school is connected with proposals under any enactment to establish, or to make a prescribed alteration to, any other school or schools, require the land or any part of the land to be transferred— (i) to the trustees, foundation body or governing body of such maintained school as he may specify, or (ii) to the trustees, foundation body or temporary governing body of such new school as he may specify.

• (3) In sub-paragraph (5)—

• (a) for “or foundation body” substitute “ , foundation body or trustees ”,

• (b) for “(2) or (3)” substitute “ (2), (3) or (4A) ”, and

• (c) for “(4)” substitute “ (4) or (4B), as the case may be ”.

• (4) In sub-paragraph (6)(a), after “falling within paragraph 3(1) or (2)” insert “ but not within paragraph 2A(1)(a), (b) or (c) ”.

SCHEDULE 18

Children Act 1989 (c. 41)

1

In section 36 of the Children Act 1989 (education supervision orders), in subsection (5) for paragraph (b) substitute—

(b) is not attending regularly within the meaning of section 444 of that Act— (i) a school at which he is a registered pupil, (ii) any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA of that Act, or (iii) any place which he is required to attend in the circumstances mentioned in subsection (2) of that section,

.

Education Act 1996 (c. 56)

2

In section 317 of the Education Act 1996 (duties of governing body or local authority in relation to pupils with special educational needs), for subsections (5) to (7A) substitute—

(5) The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall— (a) in the case of a school in England, prepare a report containing special needs information, and (b) in the case of a school in Wales, include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report). (6) In subsection (5) “special needs information” means— (a) such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and (b) information as to— (i) the arrangements for the admission of disabled persons as pupils at the school, (ii) the steps taken to prevent disabled pupils from being treated less favourably than other pupils, (iii) the facilities provided to assist access to the school by disabled pupils, and (iv) the plan prepared by the governing body under section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”). (6A) In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 1995 Act; and section 28Q of the 1995 Act (interpretation) applies for the purposes of subsection (6)(b) as it applies for the purposes of Chapter 1 of Part 4 of that Act.

3

In section 444A of the Education Act 1996 (penalty notice in respect of failure to secure attendance at school of registered pupil), in subsection (1), for paragraph (b) substitute—

(b) that the offence relates— (i) to a relevant school in England, (ii) in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a local authority in England, or (iii) in a case falling within subsection (2) of that section, to a place at which a child is required to attend by the appropriate authority (within the meaning of that section) for a relevant school in England,

.

4

The references in section 23(9) and (10) of the Anti-social Behaviour Act 2003 (c. 38) to section 444A of the Education Act 1996 are to be read as references to that section as amended by paragraph 3 of this Schedule.

5

• (1) Section 494 of the Education Act 1996 (recoupment: excluded pupils) is amended as follows.

• (2) In subsections (1), (2) and (3), for “financial year” substitute “ funding period ”.

• (3) After subsection (5) insert—

(6) In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.

6

In section 566 of the Education Act 1996 (evidence: documents), after subsection (2) insert—

(3) Where a child of compulsory school age is required to attend at— (a) any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA, or (b) any place in the circumstances mentioned in subsection (2) of that section, subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).

School Standards and Framework Act 1998 (c. 31)

7

In section 48 of the School Standards and Framework Act 1998 (local authorities' financial schemes) in subsection (2)(a) for “financial year” substitute “ funding period ”.

8

In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation) in subsection (1)—

• (a) for “financial year” substitute “ funding period ”,

• (b) for “that year” substitute “ that period ”, and

• (c) in paragraphs (a) and (b) for “year”, wherever occurring, substitute “ period ”.

9

In section 51A of the School Standards and Framework Act 1998 (expenditure incurred for community purposes) in subsection (2) for “financial year” substitute “ funding period ”.

10

• (1) Section 52 of the School Standards and Framework Act 1998 (financial statements) is amended as follows.

• (2) In subsection (1)—

• (a) for “financial year” substitute “ prescribed period ”, and

• (b) for “that year” substitute “ that period ”.

• (3) After subsection (1) insert—

(1A) The periods prescribed for the purposes of subsection (1)— (a) must consist of one or more funding periods, and (b) may include funding periods in respect of which (by virtue of their inclusion in one or more earlier periods prescribed for the purposes of that subsection) information relating to planned expenditure has previously been required under that subsection.

• (4) In subsection (2)—

• (a) for “financial year” substitute “ prescribed period ”, and

• (b) in paragraphs (a) to (d), for “year” substitute “ period ”.

• (5) After subsection (2A) insert—

(2B) The periods prescribed for the purposes of subsection (2) must consist of one or more funding periods.

11

• (1) In Schedule 15 to the School Standards and Framework Act 1998 (suspension of financial delegation), paragraph 2 is amended as follows.

• (2) In sub-paragraph (1)(a)—

• (a) for “financial year” substitute “ funding period ”, and

• (b) for “that year” substitute “ that period ”.

• (3) In sub-paragraph (3), for “financial year”, in both places where it occurs, substitute “ funding period ”.

Learning and Skills Act 2000 (c. 21)

12

• (1) Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms: England) is amended as follows.

• (2) In subsection (1)(a), for “financial year” substitute “ funding period ”.

• (3) For subsection (3) substitute—

(3) In this section— “funding period” means a financial year or, if some other period is prescribed in relation to England under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period; “schools budget” has the same meaning as in Part 2 of that Act (framework for maintained schools).

13

• (1) Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms: Wales) is amended as follows.

• (2) In subsection (1)(a), for “financial year” substitute “ funding period ”.

• (3) For subsection (3) substitute—

(3) In this section— “funding period” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period; “schools budget” has the same meaning as in Part 2 of that Act (framework for maintained schools).

Education Act 2002 (c. 32)

14

• (1) Section 37 of the 2002 Act (payments in respect of dismissal etc.) is amended as follows.

• (2) In subsection (4), for “financial years” substitute “ funding periods ”.

• (3) In subsections (5) and (8), for “financial year” substitute “ funding period ”.

• (4) For subsection (12) substitute—

(12) In this section— “community purposes” means the purposes of the provision of facilities or services under section 27; “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.

Anti-social Behaviour Act 2003 (c. 38)

15

In section 19 of the Anti-social Behaviour Act 2003 (parenting contracts in cases of exclusion from school or truancy), in subsection (2), for the words from “a relevant” to the end substitute—

(a) a relevant school at which he is a registered pupil, (b) any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA of the Education Act 1996, and (c) any place at which he is required to attend in the circumstances mentioned in subsection (2) of that section.

SCHEDULE 19

Part 1 — School inspections

Part 2 — School organisation

Part 3 — Training the school workforce

Part 4 — Repeals relating to Part 4

Functions of Her Majesty's Chief Inspector of Schools in England

Investigations under section 11A

Other inspections

Investigation of complaints

11A

• (1) The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so—

• (a) for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and

• (b) in particular, for the purpose of determining, in the light of the complaint—

• (i) when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and

• (ii) whether it would be appropriate to carry out an inspection under section 8(2).

• (2) A complaint is a qualifying complaint if—

• (a) it is about a matter relating to a relevant school and that matter—

• (i) falls within a prescribed description, and

• (ii) does not fall within any prescribed exception,

• (b) it is made in writing to the Chief Inspector, and

• (c) it is made by a person who satisfies prescribed conditions.

• (3) The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint.

• (4) Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint.

• (5) In this section, “ relevant school ” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2).

11B

• (1) This section applies where a qualifying complaint is made to the Chief Inspector by a person who is a registered parent of a registered pupil at the school to which the complaint relates.

• (2) If the Chief Inspector so requests for the purposes of an investigation of the complaint, the governing body of the school to which the complaint relates must provide him with—

• (a) such information held by them as may be specified or described in the Chief Inspector's request, and

• (b) such other information held by them as they consider may be relevant to the investigation.