Legalize / United Kingdom / Public General Act

Education and Inspections Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2024-11-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

In section 138 of SSFA 1998 (orders and regulations), in subsection (2)(b) (orders not made by statutory instrument), for “or 7(3)(c)” substitute “ , 7(3)(c) or 8A ”.

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In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 2, in sub-paragraph (10), after “paragraphs” insert “ A1 to A16 or ”.

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In Schedule 32 to SSFA 1998 (transitional provisions and savings), in paragraph 4(4)—

(a) in paragraph (a) for “paragraph 1(1)(d)” substitute “ paragraphs A1(1)(f) and 1(1)(d) ”,

(b) in paragraph (b) for “paragraph 2(1)(d)” substitute “ paragraphs A7(1)(e) and 2(1)(d) ”, and

SCHEDULE 5

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In section 17(6) of SSFA 1998 (power of local authority to suspend right to delegated budget), omit the words from “but” onwards.

2

(1) Section 47A of SSFA 1998 (schools forums) is amended as follows.

(2) In subsection (3)(b), for the words from “function” to the end substitute “ other function that may be imposed on the schools forum by or under this Chapter ”.

(3) Omit subsection (6) (which enables regulations under subsection (5) of that section to enable the Secretary of State or the Assembly to remove a non-schools member from membership of a schools forum).

(4) For subsection (9) substitute—

(9) In this section “relevant authority”, in relation to a schools forum, means the local education authority by whom the forum is established.

3

(1) Section 48 of SSFA 1998 (local education authorities' financial schemes) is amended as follows.

(2) In subsection (1), for “prepare” substitute “ maintain ”.

(3) In subsection (3), for “prepared” substitute “ maintained ”.

(4) In subsection (4), omit the words from “the approval” to “and for”.

(5) In subsection (5), for the words from “the scheme prepared” to the end substitute “ the scheme for the time being maintained under this section ”.

4

In section 49 of SSFA 1998 (maintained schools to have delegated budgets) for subsections (2) and (3) substitute—

(2) A new school shall have a delegated budget from a date determined in accordance with regulations. (2A) Regulations under subsection (2) may— (a) enable the date that would otherwise apply by virtue of the regulations to be varied in accordance with the regulations, on the application of the local education authority, by the authority's schools forum or by the Secretary of State, and (b) make provision about the respective powers of the schools forum and the Secretary of State in relation to any application to vary that date.

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(1) Schedule 14 to SSFA 1998 (approval, imposition and revision of local education authority schemes) is amended as follows.

(2) For the heading substitute “ REVISION OF LOCAL EDUCATION AUTHORITY SCHEMES ”.

(3) For the italic heading immediately before paragraph 1 substitute “ Publication of schemes ”.

(4) In paragraph 1—

(a) omit sub-paragraphs (1) to (6), and

(b) for sub-paragraph (7) substitute—

(7) A scheme maintained by a local education authority under section 48(1) shall be published in such manner as may be prescribed— (a) on its coming into force as revised under this Schedule, and (b) on such other occasions as may be prescribed.

(5) For paragraph 2 substitute—

(2A) (1) A local education authority may, in accordance with this paragraph, revise the whole or part of the scheme maintained by them under section 48(1). (2) In revising the scheme, the local education authority shall take into account any guidance given by the Secretary of State, whether— (a) generally, or (b) in relation to that authority or any class or description of local education authorities to which that authority belongs, as to the provisions the Secretary of State regards as appropriate for inclusion in the scheme. (3) As regards any proposed variation of the scheme, the authority— (a) shall first consult the governing body and head teacher of every school maintained by the authority (within the meaning of this Chapter), and (b) shall then submit a copy of their proposals to the authority's schools forum for their approval. (2B) (1) Regulations may make provision preventing schemes as revised from coming into force unless they are approved in accordance with the regulations by the local education authority's schools forum or by the Secretary of State. (2) The regulations may in particular— (a) prescribe circumstances in which proposals which have been submitted to a local education authority's schools forum may be submitted to the Secretary of State, (b) enable the schools forum or the Secretary of State to approve proposals with modifications, and (c) enable the schools forum or the Secretary of State, in giving their or his approval, to specify the date on which the scheme as revised is to come into force.

6

In Schedule 15 to SSFA 1998 (suspension of financial delegation), the following provisions (which confer on the governing body a right to appeal to the Secretary of State or the Assembly or relate to that right of appeal) are omitted—

(a) paragraph 1(4) and (6),

(b) paragraph 2(5), and

SCHEDULE 6

Interpretation of Schedule

1

(1) In this Schedule—

“the appropriate authority” means—where this Schedule applies by virtue of a notice under section 65(1), the local education authority who gave the notice, andwhere this Schedule applies by virtue of a notice under section 69(1), the Secretary of State;

“existing governors”, in relation to a school in respect of which a notice under section 65(1) or 69(1) has been given, means the governors who hold office immediately before the governing body becomes constituted in accordance with this Schedule;

“the interim period”, in relation to a school in respect of which a notice under section 65(1) or 69(1) has been given, means the period during which the governing body is constituted in accordance with this Schedule;

“a normally constituted governing body” means a governing body constituted in accordance with regulations made by virtue of section 19 of EA 2002 (governing bodies).

(2) In this Schedule any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.

Governing body to consist of members appointed by appropriate authority

2

(1) The governing body of the school shall consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of EA 2002.

(2) In the following provisions of this Schedule—

(a) the governing body as constituted in accordance with this Schedule is referred to as “the interim executive board”, and

(b) the members of the governing body as so constituted are referred to as “interim executive members”.

Effect of notice under section 65(1) or 69(1)

3

(1) On the date specified in the notice under section 65(1) or 69(1), the existing governors vacate office.

(2) Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member.

(3) During the interim period, any reference in any provision contained in, or made under, the Education Acts to a governor or foundation governor of a school has effect, in relation to the school, as a reference to an interim executive member.

(4) During the interim period, section 83 of SSFA 1998 (modification of provisions making governors of foundation or voluntary school ex officio trustees) has effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members.

Interim executive members

4

(1) The number of interim executive members must not be less than two.

(2) The initial appointment of interim executive members must be made so as to take effect on the date specified in the relevant notice.

(3) The appropriate authority may appoint further interim executive members at any time during the interim period.

5

(1) Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of his appointment.

(2) An interim executive member—

(a) holds office in accordance with the terms of his appointment and subject to paragraph 18, and

(b) may at any time be removed from office by the appropriate authority for incapacity or misbehaviour.

(3) The terms of appointment of an interim executive member may provide for his appointment to be terminable by the appropriate authority by notice.

Duty of appropriate authority to inform other persons

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(1) The appropriate authority must give a copy of the notice under section 65(1) or 69(1) and of every instrument of appointment of an interim executive member—

(a) to every interim executive member,

(b) to every existing governor of the school,

(d) where the Secretary of State is the appropriate authority, to the local education authority,

(e) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, to the appropriate diocesan authority, and

(f) in the case of any other foundation or voluntary school, to the person or persons by whom the foundation governors are appointed.

(2) A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment.

Power to specify duration of interim period

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The appropriate authority may in the notice under section 65(1) or 69(1) specify the duration of the interim period.

Chairman

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The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.

Remuneration and allowances

9

The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.

Duty of interim executive board

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(1) During the interim period, the interim executive board shall conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school.

(2) Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.

Proceedings of interim executive board

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(1) The interim executive board may determine their own procedure.

(2) The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.

Effect on suspension of delegated budget

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(1) If, immediately before the date specified in the notice under section 65(1) or 69(1), the school does not have a delegated budget, the suspension of the governing body's right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date.

(2) If a notice under paragraph 1 of Schedule 15 to SSFA 1998 (suspension of delegated budget for mismanagement etc) has been given to the governing body before the date specified in a notice under section 65(1) or 69(1) but has not yet taken effect, the notice under that paragraph ceases to have effect on that date.

(3) During the interim period, the local education authority may not exercise the power conferred by section 66 (power to suspend right to delegated budget).

(4) Sub-paragraph (1) is to be construed in accordance with section 49(7) of SSFA 1998.

Exclusion of certain statutory provisions

13

(1) Regulations made by virtue of subsection (2) or (3) of section 19 of EA 2002 (governing bodies) shall not apply in relation to the interim executive board.

(2) The instrument of government of the school shall not, so far as it relates to the constitution of the governing body, have effect in relation to the interim executive board.

14

During the interim period—

(a) the local education authority may not exercise any power conferred by section 64 (power to appoint additional governors), and

(b) the Secretary of State may not exercise any power conferred by section 67 (power to appoint additional governors).

Closure of school

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(1) At any time during the interim period, the interim executive board may, if they think fit, make a report to the local education authority and the Secretary of State recommending that the school be discontinued, and stating the reasons for that recommendation.

(2) The interim executive board may not—

(a) publish under section 15(2) proposals to discontinue the school, or

(b) serve notice under section 30 of SSFA 1998.

16

(1) Where during the interim period—

(a) the Secretary of State gives a direction under section 17(1) or 68(1) in relation to the school, or

(b) the local education authority determine to discontinue the school,

the interim period is to continue until the discontinuance date, even where it would otherwise end before that date.

(2) In this paragraph “the discontinuance date” means—

(a) the date on which proposals for discontinuing the school are implemented under Part 4 of Schedule 2,

(b) the date on which the school is discontinued under section 30 of SSFA 1998, or

as the case may be.

Notice of resumption of government by normally constituted governing body

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(1) Where—

(a) the notice under section 65(1) or 69(1) did not specify the duration of the interim period, and

(b) paragraph 16 does not apply,

the appropriate authority may give notice to the persons mentioned in sub-paragraph (2) specifying a date on which the governing body are to become a normally constituted governing body.

(2) The persons referred to in sub-paragraph (1) are—

(a) every interim executive member,

(b) where the local education authority are the appropriate authority, the Secretary of State,

(d) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(e) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

Time when interim executive members cease to hold office

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(1) The interim executive members vacate office—

(a) in a case where paragraph 16 applies, on the discontinuance date within the meaning of that paragraph,

(b) in a case where that paragraph does not apply and the notice under section 65(1) or 69(1) specified the duration of the interim period, at the end of the specified period, and

(2) Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of his appointment.

Establishment of normally constituted governing body

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(1) Where interim executive members are to vacate office on the date referred to in paragraph 18(1)(b) or (c), the local education authority must make arrangements providing for the constitution of the governing body on and after that date.

(2) The Secretary of State may by regulations make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition—

(a) modify any provision made under any of sections 19, 20 and 23 of EA 2002 or by Schedule 1 to that Act,

(b) apply any such provision with or without modifications, and

(3) The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.

SCHEDULE 7

Part 1 — Principal amendments

Statement to be prepared by LEA following adverse report on maintained school

1

(1) Section 15 of EA 2005 (measures to be taken by local education authority following inspection report stating that school requires special measures or significant improvement) is amended as follows.

(2) In subsection (1), for “This section” substitute “ Subsection (2) ”.

(3) For subsection (2) substitute—

(2) The local education authority must— (a) consider what action to take in the light of the report, (b) consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views, (c) consider whether those arrangements are to include the appointment of a specified person for that purpose, (d) prepare a written statement— (i) of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and (ii) of the arrangements they propose to make for the purpose mentioned in paragraph (b), and (e) send a copy of the statement prepared under paragraph (d) to— (i) the Chief Inspector, (ii) in the case of a voluntary aided school, the person who appoints the foundation governors and (if different) the appropriate appointing authority, and (iii) such other persons as the Secretary of State may specify. (2A) Subsection (2B) applies where— (a) the local education authority have prepared a statement under subsection (2) in relation to a school, (b) it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and (c) no subsequent inspection of the school has been made under section 5. (2B) The Secretary of State may by notice require the local education authority to— (a) consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (2)(b), (b) prepare a written statement— (i) of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and (ii) of the arrangements they propose to make for the purpose mentioned in subsection (2)(b), and (c) send a copy of the statement to the Secretary of State and to the persons mentioned in subsection (2)(e)(i) to (iii). (2C) For the purposes of subsections (2A) and (2B) an “interim inspection” is an inspection under section 8 in respect of which no election under section 9 is made.

(4) In subsection (3) for “the statement” substitute “ a statement under subsection (2) or (2B) ”.

(5) After subsection (3) insert—

(4) In performing their functions under subsections (2)(a), (b), (c) and (d) and (2B)(a) and (b), the local education authority must have regard to any guidance given from time to time by the Secretary of State.

Statement to be prepared by proprietor following adverse report on non-maintained school

2

(1) Section 17 of EA 2005 (statement to be prepared by proprietor of school other than maintained school) is amended as follows.

(2) In subsection (1)—

(a) at the beginning insert “ Subsection (1A) applies ”, and

(b) omit all the words following paragraph (b).

(3) After subsection (1) insert—

(1A) The proprietor must— (a) consider what action to take in the light of the report, (b) consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views, (c) consider whether those arrangements are to include the appointment of a specified person for that purpose, and (d) prepare a written statement— (i) of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and (ii) of the arrangements he proposes to make for the purpose mentioned in paragraph (b). (1B) Subsection (1C) applies where— (a) the proprietor of a school has prepared a statement under subsection (1A) in relation to the school, (b) it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and (c) no subsequent inspection of the school has been made under section 5. (1C) The Secretary of State may by notice require the proprietor to— (a) consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (1A)(b), and (b) prepare a written statement— (i) of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and (ii) of the arrangements the proprietor proposes to make for the purpose mentioned in subsection (1A)(b)”. (1D) For the purposes of subsections (1B) and (1C) an “interim inspection” is an inspection under section 8 in respect of which no election under section 9 is made.

(4) In subsection (3)—

(a) for “such a statement” substitute “ a statement under subsection (1A) or (1C) ”, and

(b) before the word “and” at the end of paragraph (a) insert—

(aa) in the case of a statement under subsection (1C), to the Secretary of State,

(5) After subsection (4) insert—

(5) In performing his functions under subsections (1A)(a), (b), (c) and (d) and (1C)(a) and (b), the proprietor must have regard to any guidance given from time to time by the Secretary of State.

Part 2 — Minor and consequential amendments

School Standards and Framework Act 1998 (c. 31)

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In section 142 of SSFA 1998 (interpretation), in subsection (4)—

(a) after “this Act” insert “ (or Part 4 of the Education and Inspections Act 2006) ”, and

(b) in paragraph (b), after “section 16(6) or (8)” insert “ or of section 64(4) or (6) of the Education and Inspections Act 2006 ”.

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Learning and Skills Act 2000 (c. 21)

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Education Act 2002 (c. 32)

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In section 25 of EA 2002 (federations: supplementary provisions), in subsection (1)—

(a) before paragraph (a) insert—

(za) Part 4 of the Education and Inspections Act 2006 (schools causing concern: England),

, and

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

20

After section 62 of EA 2002 insert—

(62A) (1) This section applies where— (a) one or more schools maintained by a local education authority in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act— (i) section 61 (school requiring significant improvement), or (ii) section 62 (school requiring special measures), and (b) it appears to the Secretary of State that the local education authority— (i) have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools, (ii) are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or (iii) maintain a disproportionate number of schools falling within that paragraph. (2) The Secretary of State may direct the local education authority to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature. (3) The direction may require the contract or other arrangement to contain specified terms and conditions. (4) In this section “school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school. (5) Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.

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(1) Section 64 (provisions supplementary to section 63) is amended as follows.

(2) In subsections (1) and (2), for “section 63” substitute “ section 62A or 63 ”.

(3) In subsection (7)—

(a) in the definition of “the advisory services” for “section 63” substitute “ section 62A or 63 ”, and

(b) in the definition of “the relevant person”, in paragraph (a) for “section 63(2)” substitute “ section 62A(2) or 63(2) ”.

(4) In the heading, for “section 63” substitute “ sections 62A and 63 ”.

Education Act 2005 (c. 18)

23

In section 5 of EA 2005 (duty to inspect schools at prescribed intervals), in subsection (4)(c), for “section 19 or 32 of that Act” substitute “ section 17 or 68 of the Education and Inspections Act 2006 ”.

24

In section 18 of EA 2005 (interpretation of Chapter 2 of Part 1), in paragraph (a) of the definition of “appropriate appointing authority”, omit “, a Church in Wales school”.

SCHEDULE 8

After Schedule 35A to EA 1996 insert—

SCHEDULE 9

After Schedule 35B to EA 1996 (inserted by section 77 above) insert—

SCHEDULE 10

Public Passenger Vehicles Act 1981 (c. 14)

1

In section 46 of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), in subsection (3), in the definition of “free school transport”—

(a) after “under” insert “ section 508B(1), section 508C(1), section 508F(1), ” and

(b) after “1996,” insert—

(aa) in pursuance of arrangements made by the authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes),

Transport Act 1985 (c. 67)

2

(1) Section 6 of the Transport Act 1985 (registration of local services) is amended as follows.

(2) In subsection (1) after “London local service” insert “ nor a service which falls within subsection (1A) below ”.

(3) After subsection (1) insert—

(1A) A service falls within this subsection if conditions A and B are satisfied in relation to it. (1B) Condition A is satisfied if the service is provided in pursuance of— (a) the obligation placed on a local education authority by section 508B(1), section 508F(1), section 509(1) or (1A), or section 509AA(7)(b) or (9)(a) of the Education Act 1996 (provision of transport etc); (b) the exercise of the power of a local education authority under section 508C(1) of that Act; or (c) arrangements made by a local education authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes). (1C) Condition B is satisfied if the service is for the carriage of any of the following persons (and no other)— (a) a person receiving education or training at premises to or from which transport is provided in pursuance of the obligation, the exercise of the power or the arrangements, as the case may be, mentioned in paragraph (a), (b) or (c) of subsection (1B); (b) a person supervising or escorting any such person while he is using such transport; (c) a person involved with the provision of education or training at any such premises.

Education Act 1996 (c. 56)

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In section 455(1) of EA 1996 (permitted charges), in paragraph (c), for “509(2)” substitute “ 508B(1), 508F(3) or 509(2), or section 508E(2)(d) and paragraph 5(2) of Schedule 35C, ”.

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In section 509AB of EA 1996 (further provision about transport policy statements)—

(a) after subsection (3) insert—

(3A) In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a local education authority in England shall have regard (amongst other things) to the nature of the route, or alternative routes, which he could reasonably be expected to take.

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SCHEDULE 11

Membership

1

The Office is to consist of—

(a) a chairman appointed by the Secretary of State;

(b) not less than 5 and not more than 10 other members appointed by the Secretary of State (“the appointed members”); and

Terms of appointment

2

(1) The chairman and the appointed members hold and vacate office in accordance with the terms of their respective appointments.

(2) Sub-paragraph (1) has effect subject to the following provisions of this Schedule.

(3) Section 113 makes provision for the holding and vacation of office by the Chief Inspector.

3

A person appointed as chairman or appointed member—

(a) must not be appointed for a term of more than five years,

(b) may at any time resign by giving written notice to the Secretary of State, and

(c) may be removed from office by the Secretary of State on the grounds that he is unable or unfit to carry out the duties of his office.

4

The previous appointment of a person as chairman or appointed member does not affect his eligibility for appointment to either office.

Remuneration of members

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(1) The Office must pay to the chairman and each of the appointed members such remuneration and allowances as may be determined by the Secretary of State.

(2) The Office must, if required to do so by the Secretary of State—

(a) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has held office as chairman or appointed member; or

(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) If, where a person ceases to hold office as chairman or appointed member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Office must pay to him such amount by way of compensation as the Secretary of State may determine.

(4) Paragraph 1 of Schedule 12 makes provision for the payment to the Chief Inspector of remuneration etc.

Staff

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(1) The Office has power to appoint staff—

(a) for the purposes of the performance of its own functions, and

(b) for the purposes of the performance of functions of the Chief Inspector.

(2) But that power is exercisable only by the Chief Inspector acting on behalf of the Office.

(3) The conditions of service of persons appointed under this paragraph are to be determined by the Chief Inspector, subject to the approval of the Minister for the Civil Service.

(4) The management of the staff of the Office is to be the responsibility of the Chief Inspector.

(5) Nothing in this paragraph is to be read as preventing any delegation by the Chief Inspector under paragraph 9 of Schedule 12.

Committees

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(1) The Office may establish committees, and any committee so established may establish sub-committees.

(2) The members of a committee of the Office may include persons who are not members of the Office (and the members of a sub-committee may include persons who are not members of the committee or of the Office).

(3) The Office may make arrangements for the payment of such remuneration and allowances as it thinks fit to any person who—

(a) is a member of a committee or sub-committee, but

(b) is not a member of the Office.

Procedure etc.

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(1) The Office may make such provision as it thinks fit to regulate—

(a) its own proceedings (including quorum), and

(b) the procedure (including quorum) of its committees and sub-committees.

(2) The validity of any proceedings of the Office, or any of its committees or sub-committees, is not affected by—

(a) any vacancy in the office of chairman or in the membership of the Office or (as the case may be) of the committee or sub-committee, or

(b) any defect in the appointment of the chairman or any other member of the Office or (as the case may be) of any member of the committee or sub-committee.

Performance of functions

9

Anything authorised or required to be done by the Office may be done by—

(a) any member of the Office who is authorised for the purpose by the Office, whether generally or specially, or

(b) any committee or sub-committee of the Office which has been so authorised.

Execution of documents

10

The application of the seal of the Office must be authenticated by the signature of—

(a) any member of the Office, or

(b) some other person who has been authorised for that purpose by the Office, whether generally or specially.

Evidence

11

The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to the Office as if—

(a) the Office were included in the first column of the Schedule to that Act,

(b) any member or other person authorised to act on behalf of the Office were mentioned in the second column of that Schedule, and

Supplementary powers

12

(1) The Office has power—

(a) to enter into contracts,

(b) to acquire, and dispose of, land or other property, and

in connection with the performance of its own functions or in connection with the performance of functions of the Chief Inspector.

(2) But those powers are exercisable only by the Chief Inspector acting on behalf of the Office.

(3) The management of any property or accommodation held or used in connection with the performance of any of the functions mentioned in sub-paragraph (1) is to be the responsibility of the Chief Inspector.

(4) Nothing in this paragraph is to be read as preventing any delegation by the Chief Inspector under paragraph 9 of Schedule 12.

13

(1) The Office may do anything that it considers is necessary or expedient for the purposes of, or in connection with, its functions.

(2) But to the extent that paragraph 6 or 12 makes provision for restricting the exercise of any such power, the power is accordingly exercisable subject to any such restriction.

SCHEDULE 12

Part 1 — The Chief Inspector

Remuneration, pensions etc. of Chief Inspector

1

(1) The Office is to pay the Chief Inspector such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) In the case of any Chief Inspector determined by the Secretary of State, the Office is to pay—

(a) such pension, allowance or gratuity to or in respect of him, or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as the Secretary of State may determine.

(3) If, when any person ceases to hold office as Chief Inspector, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Office may pay to him such sum by way of compensation as the Secretary of State may determine.

(4) Service as Chief Inspector is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(5) The Office must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under that Act.

Temporary appointment of Chief Inspector; performance of functions during vacancy or incapacity etc.

2

(1) If there is a vacancy in the office of Chief Inspector, the Secretary of State may appoint a person to be Chief Inspector during such period (not exceeding one year) as he thinks fit.

(2) Any such appointment is to be on such terms as the Secretary of State may determine.

(3) Those terms may include provision for the Secretary of State to terminate the appointment before the time when it would otherwise end.

3

(1) The Chief Inspector may designate an HMI to perform his functions during any period when he is absent or unable to act.

(2) If (at a time when no designation is in force under sub-paragraph (1)) it appears to the chairman of the Office that the Chief Inspector is, as a result of any incapacity—

(a) unable to act, and

(b) unable to make a designation under that sub-paragraph,

the chairman may designate an HMI to perform the Chief Inspector's functions so long as he remains in office and is unable to act.

(3) For the purposes of this paragraph the Chief Inspector's functions include his functions as a member of the Office.

Execution of documents

4

The application of the Chief Inspector's seal must be authenticated by the signature of—

(a) the Chief Inspector, or

(b) some other person who has been authorised for that purpose by the Chief Inspector, whether generally or specially.

Evidence

5

The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to the Chief Inspector as if—

(a) he were mentioned in the first column of the Schedule to that Act,

(b) he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and

Ancillary powers

6

The Chief Inspector may do anything that he considers necessary or expedient for the purposes of, or in connection with, his functions.

Nature of functions conferred on Chief Inspector

7

(1) Functions conferred on the Chief Inspector by virtue of this Part or any other enactment are conferred on him in his capacity as holder of the office of Chief Inspector and not in his capacity as a member of the Office.

(2) Sub-paragraph (1) does not apply to any function of the Chief Inspector under—

(a) section 114(4),

(b) paragraph 6 or 12 of Schedule 11, or

(3) References in this Part to functions of the Chief Inspector are references to functions conferred on him in his capacity as holder of the office of Chief Inspector.

This is subject to paragraph 3(3).

(4) Any proceedings brought in respect of any such function of the Chief Inspector are to be brought against the Chief Inspector in his capacity as holder of that office.

Relationship between Chief Inspector and the Office

8

(1) For all purposes relating to the government department constituted by the Office, the Chief Inspector is to be regarded—

(a) as part of that government department, whether acting in his capacity as holder of the office of Chief Inspector or in his capacity as a member of the Office, and

(b) as performing his functions (in whatever capacity) on behalf of it.

(2) Sub-paragraph (1) applies subject to any provision made by virtue of sub-paragraph (3).

(3) The Secretary of State may by order make such provision as he considers appropriate for—

(a) supplementing or modifying the effect of sub-paragraph (1), or

(b) prescribing other matters in connection with responsibilities of the Chief Inspector in relation to the Office or otherwise connected with the relationship between them.

(4) Such an order may in particular provide—

(a) for allocating functions, property, rights or liabilities as between the Office and the Chief Inspector;

(b) for conferring on the Chief Inspector responsibilities in relation to property, rights or liabilities of the Office, including responsibilities as to the conduct of proceedings;

Part 2 — Inspectors etc. acting on behalf of Chief Inspector

Delegation of functions

9

(1) Anything authorised or required by or under any enactment to be done by the Chief Inspector may be done by—

(a) any HMI,

(b) any other member of the staff of the Office, ...

(d) any inspection administrator,

who is authorised generally or specially for the purpose by the Chief Inspector.

(2) But sub-paragraph (1) has effect subject to—

(a) sub-paragraph (3) below and paragraphs 10(2) , 11(4) and 11A(3) , and

(b) any contrary provision made by any enactment.

(3) The making of any report of an inspection of a school under section 5 of EA 2005 which states the opinion that special measures are required to be taken in relation to the school must be personally authorised by—

(a) the Chief Inspector, or

(b) an HMI who is authorised by the Chief Inspector for the purposes of this sub-paragraph.

(4) Without prejudice to the generality of sub-paragraph (1) above, references to the Chief Inspector—

(a) in section 10 of EA 2005 (power of entry for purposes of inspection under s. 5 or 8), or

(b) in any other enactment by virtue of which any power of entry is exercisable by the Chief Inspector, or otherwise having effect in connection with any such power of entry,

include references to any person authorised to act on his behalf under sub-paragraph (1).

(5) In sub-paragraph (4) the reference to any power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.

Inspectors etc. to have necessary qualifications, experience and skills

10

(1) This paragraph applies where—

(a) an HMI,

(b) a member of the staff of the Office, ...

(d) an inspection administrator,

is authorised to act on behalf of the Chief Inspector in connection with the carrying out of any of the activities within his remit.

(2) The Chief Inspector must ensure that the person concerned has such qualifications, experience and skills as are necessary to secure that he is able to perform the function, or (as the case may be) assist with its performance, in an effective manner.

Additional inspectors

11

(1) The Chief Inspector may enter into arrangements with such persons as he thinks fit for them to assist him in the performance of his functions in a particular case or class of case.

(2) The Chief Inspector may also enter into arrangements with persons (“inspection service providers”) under which they provide the services of inspectors to carry out inspections on behalf of the Chief Inspector.

(3) A person assisting the Chief Inspector in pursuance of arrangements under sub-paragraph (1) or (2) is to be known as an additional inspector.

(4) The Chief Inspector may not authorise an additional inspector to conduct an inspection of a school under section 5 of EA 2005 unless—

(a) the inspection is to be supervised by an HMI, or

(b) the additional inspector has previously conducted an inspection under that section under the supervision of an HMI to the satisfaction of the HMI.

(5) In sub-paragraph (4)(b) the reference to an HMI is, in relation to an inspection conducted before the commencement of this paragraph, to be read as a reference to one of Her Majesty's Inspectors of Schools in England.

Provisions relating to additional inspectors provided by inspection service providers

12

(1) This paragraph applies to arrangements made with inspection service providers under paragraph 11(2) (“ISP arrangements”).

(2) In pursuance of his duty under paragraph 10(2), so far as applying to additional inspectors provided under ISP arrangements, the Chief Inspector—

(a) must publish in such manner as he thinks fit, and

(b) may from time to time revise,

a statement of the matters mentioned in sub-paragraph (3).

(3) The matters are—

(a) the qualifications or experience (or both) that are to be required of additional inspectors provided under ISP arrangements, and

(b) the standards that such additional inspectors are to be required to meet in the exercise of their functions and the skills that they are to be required to demonstrate in the exercise of those functions.

(4) ISP arrangements must be made on terms that require the inspection service provider to secure compliance with any requirements that are for the time being published under sub-paragraph (2).

(5) Where the Chief Inspector has entered into any ISP arrangements, he must publish, at intervals of not more than 12 months, a list of the names of the persons who are, at a specified date, currently notified to him by the inspection service provider as persons with whom the provider proposes to make arrangements for the carrying out of inspections on behalf of the Chief Inspector.

SCHEDULE 13

Inspection authorities and inspection functions

1

(1) In this Schedule references to inspection authorities are to be read in accordance with sub-paragraph (2) or (3), as the case may be.

(2) For the purposes of paragraph 4 or 5 the inspection authorities are—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of Constabulary,

(d) Her Majesty’s Chief Inspector of Probation for England and Wales , and

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Care Quality Commission, ...

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of paragraph 6 the inspection authorities are—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Inspectors of Constabulary,

(d) Her Majesty’s Inspectorate of Probation for England and Wales,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the Care Quality Commission.

(4) In this Schedule “inspection functions” means functions relating to, or connected with, inspections.

Public authorities

2

(1) In this Schedule “public authority”—

(a) includes any person certain of whose functions are functions of a public nature, but

(b) does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(2) Subject to paragraph 8(3), references in this Schedule to a public authority do not include a public authority outside the United Kingdom.

Delegation of inspection functions to public authorities

3

(1) The Chief Inspector may delegate any of his inspection functions (to such extent as he may determine) to another public authority.

(2) If the carrying out of an inspection is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of any enactment as carried out by the Chief Inspector.

Inspection programmes and inspection frameworks

4

(1) The Chief Inspector must from time to time, or at such times as the Secretary of State may specify by order, prepare—

(a) a document setting out what inspections he proposes to carry out (an “inspection programme”);

(b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”).

(2) Before preparing an inspection programme or an inspection framework the Chief Inspector must consult—

(a) the Secretary of State,

(b) the inspection authorities, and

and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.

(3) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.

(4) The Chief Inspector may determine that any document or combination of documents prepared for the purposes of any other enactment or enactments is to be treated as a document prepared for the purposes of sub-paragraph (1)(b) (so long as any requirements applying under or by virtue of this paragraph are complied with in relation to the document or documents concerned).

Inspections by other inspectors of institutions within Chief Inspector’s remit

5

(1) If—

(a) an inspection authority is proposing to carry out an inspection that would involve inspecting a specified institution, and

(b) the Chief Inspector considers that the proposed inspection would impose an unreasonable burden on that institution, or would do so if carried out in a particular manner,

the Chief Inspector must, subject to sub-paragraph (5), give a notice to that authority requiring it not to carry out the proposed inspection, or not to carry it out in that manner.

(2) In sub-paragraph (1)(a) “specified institution” means a person or body specified by order made by the Secretary of State.

(3) A person or body may be specified under sub-paragraph (2) only if the person or body—

(a) discharges functions or carries on other activities in relation to which the Chief Inspector exercises inspection functions by virtue of any enactment, or

(b) is a person or body in respect of whom the Chief Inspector is the registration authority by virtue of any enactment.

(4) A person or body may be specified under sub-paragraph (2) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(5) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(6) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (7).

(7) The Secretary of State, if satisfied that the proposed inspection—

(a) would not impose an unreasonable burden on the institution in question, or

(b) would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(8) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(d) provision for revising or withdrawing notices;

(e) provision for setting aside notices not validly given.

Co-operation

6

The Chief Inspector must co-operate with—

(a) the inspection authorities, and

(b) any other public authority specified by order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective exercise of his functions.

Joint action

7

The Chief Inspector may act jointly with another public authority where it is appropriate to do so for the efficient and effective exercise of his functions.

Advice or assistance for other public authorities

8

(1) The Chief Inspector may, if he thinks it appropriate to do so, provide advice or assistance to another public authority for the purpose of the exercise by that authority of its functions.

(1A) The Chief Inspector may do anything the Chief Inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).

(2) Anything done under this paragraph may be done on such terms as the Chief Inspector thinks fit.

(3) In this paragraph the reference to another public authority includes a public authority in the Channel Islands or the Isle of Man.

Inspections carried out under arrangements

9

(1) The Chief Inspector may make arrangements with a public authority for the carrying out by him—

(a) in England or Wales, or

(b) in Northern Ireland,

of inspections of any institution or matter which he is not required or authorised to carry out by virtue of any other enactment.

(2) The Chief Inspector may make arrangements with a public authority or the relevant overseas authority for the carrying out by him outside the United Kingdom of inspections of any institution or matter.

(3) “The relevant overseas authority” means the authority in the jurisdiction concerned that is responsible for the institution or other matter.

(4) Inspections under this paragraph may be carried out on such terms as the Chief Inspector thinks fit.

Charges

10

The Chief Inspector may, with the consent of the Secretary of State, enter into arrangements for charges to be made—

(a) for doing anything under paragraph 8; or

(b) for carrying out inspections under paragraph 9.

SCHEDULE 14

Public Records Act 1958 (c. 51)

1

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records) omit the entry relating to the Adult Learning Inspectorate.

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—

(a) omit the entries relating to the Adult Learning Inspectorate and the Office of Her Majesty's Chief Inspector of Schools in England, and

(b) at the appropriate place insert— “ Office for Standards in Education, Children's Services and Skills. ”

Superannuation Act 1972 (c. 11)

3

In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc. referred to in section 1)—

(a) omit the entry relating to the Adult Learning Inspectorate, and

(b) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

Employment and Training Act 1973 (c. 50)

4

In section 10B(1) of the Employment and Training Act 1973 (inspection)—

(a) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”,

(b) omit paragraphs (a) and (b), and

House of Commons Disqualification Act 1975 (c. 24)

5

(1) Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) is amended as follows.

(2) In Part 2 (bodies of which all members are disqualified) insert at the appropriate place— “ The Office for Standards in Education, Children's Services and Skills. ”

(3) In Part 3 (other disqualifying offices) omit the entries relating to any member of the Adult Learning Inspectorate and to Her Majesty's Chief Inspector of Schools in England.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

6

(1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership) is amended as follows.

(2) In Part 2 (bodies of which all members are disqualified) insert at the appropriate place— “ The Office for Standards in Education, Children's Services and Skills. ”

(3) In Part 3 (other disqualifying offices) omit the entry relating to Her Majesty's Chief Inspector of Schools in England.

Race Relations Act 1976 (c. 74)

7

In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) omit the entry relating to the Adult Learning Inspectorate.

Education Reform Act 1988 (c. 40)

8

In section 226(2)(b) (services for schools in other member States providing education for British children) for “by, or under the direction of, one or more of Her Majesty's Inspectors of Schools for England” substitute “ by Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

Children Act 1989 (c. 41)

9

The Children Act 1989 has effect subject to the following amendments.

10

Omit section 26ZA (representations: further consideration).

11

In section 26A(2A) (advocacy services) omit “26ZA or”.

12

In section 65(6)(a) (persons disqualified from carrying on, or being employed in, children's homes) for “the Commission for Social Care Inspection” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

13

In section 79B(1) (other definitions etc.) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

14

In section 79N (general functions of Chief Inspector) omit subsections (1) to (3) and (6).

15

In section 79R (reports of inspections) omit subsection (4).

16

(1) Section 87 (welfare of children in boarding schools and colleges) is amended as follows.

(2) In subsection (4)—

(a) for “the Commission are” substitute “ the Chief Inspector for England is ”, and

(b) for “college, they shall” substitute “ college in England, he shall ”.

(3) In subsection (4A), after “school or college” insert “ in Wales ”.

(4) In subsections (9A) to (9C)—

(a) for “the Commission”, wherever occurring, substitute “ the Chief Inspector for England ”, and

(b) for “it must” substitute “ that authority must ”.

(5) In subsection (10)—

(a) in the definition of “appropriate authority”, for “the Commission for Social Care Inspection” substitute “ the Chief Inspector for England ”,

(b) at the appropriate place insert—

“the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

, and

17

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

Further and Higher Education Act 1992 (c. 13)

18

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

Education Act 1994 (c. 30)

19

(1) Section 18B (inspection of teacher training) is amended as follows.

(2) In subsection (1) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

(3) For subsection (2) substitute—

(2) If requested to do so by the Secretary of State, the Chief Inspector must inspect and report on such one or more relevant training providers in England as may be specified in the Secretary of State's request.

(4) In subsection (3) omit paragraph (a).

(5) In subsection (4) omit the words from “and subsections (2) to (4)” onwards.

(6) In subsection (10) for “paragraph 5(1) or (2) of Schedule 1 to the 2005 Act” substitute “ paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 ”.

(7) In subsection (11) for the words from “sections” onwards substitute “ paragraph 9(1) of that Schedule. ”

Education Act 1997 (c. 44)

20

The Education Act 1997 has effect subject to the following amendments.

21

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

22

(1) Section 38 (inspection of local authorities) is amended as follows.

(2) Omit subsection (2) (inspection of local authorities in England).

(3) In subsection (5) (persons conducting inspections)—

(a) in paragraph (a) omit “England or (as the case may require)”, and

(b) in paragraph (b) omit “paragraph 2 of Schedule 1 to the Education Act 2005 or (as the case requires)” and for “that Act” substitute “ the Education Act 2005 ”.

(4) In subsection (7) (definitions)—

(a) for “41” substitute “ 41A ”, and

(b) omit paragraph (a).

23

In section 39(4) (reports of inspections under s. 38 etc.)—

(a) omit the words from “section 11(2)” to “Wales,”,

(b) for “that Act” substitute “ the Education Act 2005 ”, and

24

Omit section 41 (inspections involving collaboration of Audit Commission).

25

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

Audit Commission Act 1998 (c. 18)

26

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

27

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

28

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

29

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

30

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

31

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

Data Protection Act 1998 (c. 29)

32

In section 31(6) of the Data Protection Act 1998 (personal data exempt from subject information provisions) omit ““, 26ZA””.

School Standards and Framework Act 1998 (c. 31)

33

SSFA 1998 has effect subject to the following amendments.

34

In section 139(2)(b) (payments into Consolidated Fund) omit “Her Majesty's Chief Inspector of Schools in England, or”.

35

(1) Schedule 26 (inspection of nursery education) is amended as follows.

(2) In paragraph 2(1)(a) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

(3) In paragraph 13A omit sub-paragraph (4).

(4) In paragraph 14 omit sub-paragraph (1).

Protection of Children Act 1999 (c. 14)

36

In section 2A(2) of the Protection of Children Act 1999 (persons who may refer individuals for inclusion in list of those unsuitable to work with children) for paragraph (c) substitute—

(c) Her Majesty's Chief Inspector of Education, Children's Services and Skills.

Local Government Act 1999 (c. 27)

37

In section 25(2) of the Local Government Act 1999 (coordination of inspections, &c) for paragraph (c) substitute—

(c) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

Care Standards Act 2000 (c. 14)

38

The Care Standards Act 2000 has effect subject to the following amendments.

39

In section 5(1) (registration authorities) for paragraph (a)(ii) substitute—

(ii) the CSCI, in the case of care homes, domiciliary care agencies and nurses agencies; (iii) Her Majesty's Chief Inspector of Education, Children's Services and Skills (referred to in this Act as “the CIECSS”), in the case of children's homes, residential family centres, fostering agencies, voluntary adoption agencies and adoption support agencies;

40

(1) Section 8 (general functions of the Assembly) is amended as follows.

(2) For subsection (3) substitute—

(3) The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly. (3A) But the only functions which may be so specified in relation to a particular Part II service are functions which— (a) by virtue of section 5A(7) are exercisable by the CHAI; (b) by virtue of section 5B(7) are exercisable by the CSCI; or (c) by virtue of section 118(4) of the Education and Inspections Act 2006 are exercisable by the CIECSS, in relation to the corresponding Part II service provided in England.

(3) In the subsection (6) inserted by section 109 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) for paragraph (b) substitute—

(b) any other functions exercisable by the Assembly corresponding to functions exercisable— (i) by the CSCI in relation to England; or (ii) by the CIECSS under section 147 of the Education and Inspections Act 2006.

(4) The subsection (6) inserted by paragraph 18(3) of Schedule 9 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) is renumbered as subsection (7).

41

In section 10(6) (inquiries relating to exercise of functions by Assembly) for paragraph (b) substitute—

(b) any other functions exercisable by the Assembly corresponding to functions exercisable— (i) by the CHAI, the CSCI or the CIECSS under this Act in relation to England; or (ii) by the CIECSS under section 147 of the Education and Inspections Act 2006.

42

In section 11(4) (keeping of registers) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”.

43

In section 12(2) (applications for registration) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”.

44

In section 15(3)(a) (fees for applications by registered persons) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”.

45

In section 16(3)(a) (annual fee payable by persons registered under Part 2) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”.

46

In section 22(7)(i)(i) (fees in respect of notifications) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”.

47

In section 29(1)(a) (proceedings for offences) for “or the CSCI” (in the first place) substitute “ , the CSCI or the CIECSS ”.

48

In section 31(7) (requirement to arrange for inspection of premises) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”.

49

In section 36A (voluntary adoption agencies: distribution of functions) for “the CSCI” (in each place) substitute “ the CIECSS ”.

50

In section 42(5) (power to extend application of Part 2) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”.

51

Omit section 45(4) (inspection of premises used in discharge of adoption and fostering functions).

52

In section 55(3)(e) (persons who may be treated as social care workers)—

(a) after “the CSCI” insert “ , the Office for Standards in Education, Children's Services and Skills ”,

(b) for “or section 88” substitute “ , section 88 ”, and

53

(1) Section 113A (fees payable under Part 2) is amended as follows.

(2) In subsection (1)—

(a) for “and the CSCI” substitute “ , the CSCI and the CIECSS ”, and

(b) after “to it” insert “ or him ”.

(3) For subsection (3) substitute—

(3) Before making any provision under subsection (1), the CHAI, the CSCI or the CIECSS must consult such bodies as appear to it or him to be representative of the persons liable to pay the fee.

(4) In subsection (5) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”.

(5) In subsection (6)—

(a) for “or the CSCI” substitute “ , the CSCI or the CIECSS ”, and

(b) after “body” insert “ or person ”.

54

In section 121(13) (interpretation), at the appropriate place in the Table insert— “ the CIECSS Section 5. ”

Learning and Skills Act 2000 (c. 21)

55

The Learning and Skills Act 2000 has effect subject to the following amendments.

56

Omit sections 52 to 72 (inspections in England).

57

(1) Section 82 (inspections of education and training provided under 1973 Act arrangements) is amended as follows.

(2) In subsection (1) for “the Adult Learning Inspectorate” substitute “ the Chief Inspector for England ”.

(3) In subsection (4) for the words from “the Adult Learning Inspectorate” onwards substitute “ the Chief Inspector for England must be given to that Chief Inspector. ”

(4) In subsection (5) for “The Adult Learning Inspectorate” substitute “ The Chief Inspector for England ” and for “it” substitute “ he ”.

(5) After subsection (6) add—

(7) In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.

58

Omit—

(a) section 90 (preliminary transfers: FEFC for England), and

(b) section 92(4)(b) and (c) (transfers: England).

59

In section 94(2) (stamp duty) for “section 90 or 92” substitute “ section 92 ”.

60

In section 95(1)(b) (contracts of employment) for “section 90 or 92” substitute “ section 92 ”.

61

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

62

In section 118(1) (inspection)—

(a) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”,

(b) omit paragraphs (a) and (b), and

63

In section 150(4)(a) (Wales) omit “90,”.

64

Omit section 151(2) (transitional provisions).

65

Omit Schedule 6 (the Adult Learning Inspectorate).

66

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

67

Omit Part 3 of Schedule 10 (transitional provisions).

Regulation of Investigatory Powers Act 2000 (c. 23)

68

In Part 2 of Schedule 1 (relevant authorities for purposes only of section 28) for paragraph 27B and the cross-heading preceding it substitute—

(27B) Her Majesty's Chief Inspector of Education, Children's Services and Skills.

Freedom of Information Act 2000 (c. 36)

69

(1) Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows.

(2) In Part 1—

(a) at the end of paragraph 1 insert “ other than the Office for Standards in Education, Children's Services and Skills ”, and

(b) after that paragraph insert—

(1A) The Office for Standards in Education, Children's Services and Skills, in respect of information held for purposes other than those of the functions exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of section 5(1)(a)(iii) of the Care Standards Act 2000.

(3) In Part 6 omit the entry relating to the Adult Learning Inspectorate.

Education Act 2002 (c. 32)

70

EA 2002 has effect subject to the following amendments.

71

In section 1(3) (purpose and interpretation of Chapter 1) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

72

In section 151 (childcare functions of HM Chief Inspector and National Assembly for Wales) in subsections (1) and (2) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

73

(1) Section 162A (power to inspect registered schools in England) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (5) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

74

In section 162B (inspections under section 162A: supplementary) omit subsection (8).

75

In section 171 (interpretation of Chapter 1), in the definition of “Chief Inspector”, for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

Adoption and Children Act 2002 (c. 38)

76

In section 99 of the Adoption and Children Act 2002 (proceedings for offences) for “the Commission for Social Care Inspection” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

Courts Act 2003 (c. 39)

77

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

78

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

79

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

80

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

81

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

82

The Health and Social Care (Community Health and Standards) Act 2003 has effect subject to the following amendments.

83

In section 76(2) (matters to which the CSCI is to have particular regard in the exercise of certain functions)—

(a) in paragraph (d) at the end insert “ and ”, and

(b) omit paragraphs (f) and (g).

84

Omit section 77(3) (advice as to standards prepared and published under section 23 of the Care Standards Act 2000 (c. 14)).

85

(1) Section 79 (annual reviews) is amended as follows.

(2) For subsection (2) substitute—

(2) After conducting a review under subsection (1) in respect of a local authority the CSCI must award a performance rating to that authority in respect of all the English local authority social services provided by, or pursuant to arrangements made by, that authority.

(3) Omit subsection (7).

86

Omit section 80(5) (duty to take into account standards prepared and published under section 23 of the Care Standards Act 2000).

87

In section 81(2) (duties of the CSCI on awarding lowest performance rating) for “section 79(2)(a) or (b)” substitute “ section 79(2) ”.

88

For section 96 substitute—

(96) (1) The Assembly shall have such additional functions in relation to the provision of Welsh local authority social services as— (a) correspond to functions within subsection (2), and (b) are specified by the Assembly in regulations. (2) The functions within this subsection are— (a) functions conferred on the CSCI by or under this Act, and (b) functions relating to the provision of relevant services and assigned to Her Majesty's Chief Inspector of Education, Children's Services and Skills under section 118(4) of the Education and Inspections Act 2006. (3) In subsection (2)(b) “relevant services” means services which immediately before the coming into force of Chapter 4 of Part 8 of the Education and Inspections Act 2006 were English local authority social services for the purposes of this Part of this Act.

89

Omit section 110 (transfer to the CSCI of functions under section 87 of the Children Act 1989).

90

Omit section 112 (inspection of secure training centres by the CSCI).

91

(1) Section 120 (co-operation etc.) is amended as follows.

(2) After subsection (1) insert—

(1A) The CHAI and the CSCI must each co-operate with the CIECSS where it seems to the CHAI or the CSCI (as the case may be) appropriate to do so for the efficient and effective discharge of— (a) its functions; and (b) the functions of the CIECSS under Chapter 4 of Part 8 of the Education and Inspections Act 2006.

(3) In subsection (2) after “each other” insert “ or the CIECSS ”.

(4) For subsection (3) substitute—

(3) The CHAI may delegate to the CSCI or the CIECSS any of its functions to be exercised by the CSCI or the CIECSS (as the case may be) on its behalf. (3A) The CSCI may delegate to the CHAI or the CIECSS any of its functions to be exercised by the CHAI or the CIECSS (as the case may be) on its behalf.

(5) In subsection (4) for “whenever they consider” substitute “ with the other or with the CIECSS whenever the CHAI or the CSCI (as the case may be) considers ”.

(6) After that subsection add—

(5) In this section “the CIECSS” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.

92

In section 133(1)(a) (failure in discharge of functions: CSCI) omit “or the Children Act 1989 (c. 41)”.

93

(1) Section 148 (interpretation of Part 2) is amended as follows.

(2) At the end of the definition of “English local authority social service” add— “ but does not include anything which may be inspected by Her Majesty's Chief Inspector of Education, Children's Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006. ”

(3) At the end of the definition of “social services functions” add

but (in relation to a local authority in England) does not include— (a) functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or (b) functions prescribed by regulations under section 135(1)(f) of that Act.

94

In Schedule 7 (CSCI: supplementary) omit paragraph 5(2).

Children Act 2004 (c. 31)

95

The Children Act 2004 has effect subject to the following amendments.

96

(1) Section 20 (joint area reviews) is amended as follows.

(2) In subsection (4) omit paragraphs (b) and (c).

(3) In subsection (7)—

(a) for “subsection (7)(a) of section 2 of the School Inspections Act 1996 (c. 57)” substitute “ subsection (1) of section 121 of the Education and Inspections Act 2006 ”, and

(b) for “subsection (7)(b)” substitute “ subsection (3) ”.

97

In section 23 (sections 20 to 22: interpretation) for subsection (5) substitute—

(5) “The Chief Inspector of Schools” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.

Education Act 2005 (c. 18)

98

EA 2005 has effect subject to the following amendments.

99

Omit sections 1 to 4 (appointment and functions of Her Majesty's Chief Inspector of Schools in England, etc.).

100

For section 8 substitute—

(8) (1) If requested to do so by the Secretary of State, the Chief Inspector must inspect and report on such school, or class of school, in England as is specified in the request. (2) The Chief Inspector may inspect any school in England in circumstances where he is not required to do so by section 5 or subsection (1) above.

101

In section 9 (power of Chief Inspector to treat other inspection as s. 5 inspection) omit “2(2)(b) or”.

102

In section 11 (publication of inspection reports) omit subsections (2) to (4).

103

In section 12 (interpretation of Chapter 1) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

104

In section 18 (interpretation of Chapter 2) for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

105

(1) Section 59 (combined reports) is amended as follows.

(2) After subsection (2) insert—

(2A) Subsection (2) does not apply so as to authorise the making of a combined report by the Chief Inspector for England (as to which section 152 of the Education and Inspections Act 2006 applies instead).

(3) In subsection (4) after “Chief Inspector” insert “ for Wales ”.

(4) After that subsection add—

(5) In this section— - “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; and - “the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales.

106

In section 100(1) (interpretation of Part 3) in the definition of “the Chief Inspector for England”, for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

107

Omit Schedule 1 (provisions relating to HM Chief Inspector of Schools in England).

Childcare Act 2006 (c. 21)

108

The Childcare Act 2006 has effect subject to the following amendments.

109

Omit section 14 (inspection).

110

Omit section 31 (general functions of Chief Inspector).

111

In section 50 (report of inspections) omit subsection (4).

112

In section 61 (report of inspections) omit subsection (4).

113

(1) Section 77 (powers of entry) is amended as follows.

(2) In subsections (1) and (2) omit “A person authorised for the purposes of this subsection by”.

(3) In subsection (3) for “Authorisation” substitute “ An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to his functions ”.

(4) Omit subsection (7).

114

(1) Section 79 (power of constable to assist in exercise of powers of entry) is amended as follows.

(2) In subsection (1) for “A person authorised for the purpose of subsection (1) or (2) of section 77” substitute “ The Chief Inspector ”.

(3) In subsection (2)—

(a) for “authorised person” substitute “ Chief Inspector ”, and

(b) for “that person” substitute “ the Chief Inspector ”.

115

Omit section 80 (combined reports).

116

Omit section 81 (information to be included in annual reports).

117

In section 98(1) (interpretation of Part 3), in the definition of “the Chief Inspector”, for “Her Majesty's Chief Inspector of Schools in England” substitute “ Her Majesty's Chief Inspector of Education, Children's Services and Skills ”.

SCHEDULE 15

Staff transfer schemes

1

(1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

(a) for an employee of the ALI or the CSCI to become a member of the staff of the Office;

(b) for his contract of employment to have effect (subject to any necessary modifications) as his conditions of service as a member of the staff of the Office;

(c) for the transfer to the Office of the rights, powers, duties and liabilities of the ALI or the CSCI under or in connection with the employee's contract of employment;

(d) for anything done (or having effect as if done) before that transfer by or in relation to the ALI or the CSCI in respect of such a contract or the employee to be treated as having been done by or in relation to the Office.

(2) A staff transfer scheme may provide for a period before a person became a member of the staff of the Office to count as a period during which he was a member of its staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for an employee of the ALI or the CSCI who would otherwise become a member of the staff of the Office not to become such a member of staff if he gives notice objecting to the operation of the scheme in relation to him.

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