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

3

In the heading to Part 1 of the Schedule after “SCHOOLS” insert “ IN WALES ”.

4

(1) Paragraph 1 is amended as follows.

(2) In sub-paragraph (1)—

(a) after “foundation special school” insert “ in Wales ”, and

(b) omit paragraph (c).

(3) In sub-paragraph (1A)(b) for “falling within section 21(1)(a)” substitute “ established otherwise than under this Act ”.

(4) In sub-paragraphs (2) and (3) for “Secretary of State” substitute “ Assembly ”.

(5) In sub-paragraph (3)—

(a) for “his” substitute “ its ”,

(b) for “he”, wherever occurring, substitute “ the Assembly ”, and

5

(1) Paragraph 2 is amended as follows.

(2) In sub-paragraph (1)—

(a) after “by a foundation body” insert “ in Wales ”,

(b) in paragraph (a) omit the words from “or acquired” to the end, and

(3) After that sub-paragraph insert—

(1A) A “foundation body in Wales” means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in Wales.

(4) In sub-paragraphs (2) and (3) for “Secretary of State” substitute “ Assembly ”.

(5) In sub-paragraph (3)—

(a) for “his” substitute “ its ”, and

(b) for “he”, wherever occurring, substitute “ the Assembly ”.

6

(1) Paragraph 2A is amended as follows.

(2) In sub-paragraph (1) after “trustees of a foundation or foundation special school” insert “ in Wales ”.

(3) In sub-paragraphs (3) and (4) for “Secretary of State” substitute “ Assembly ”.

(4) In sub-paragraph (4)—

(a) for “his” substitute “ its ”, and

(b) for “he”, wherever occurring, substitute “ the Assembly ”.

(5) In sub-paragraph (6) after “foundation special school” insert “ in Wales ”.

7

(1) Paragraph 3 is amended as follows.

(2) In sub-paragraph (1)—

(a) after “foundation special school” insert “ in Wales ”,

(b) in paragraph (a) omit the words from “or acquired” to the end,

(d) in paragraph (f) omit “(d) or”.

(3) In sub-paragraph (2) after “voluntary aided school” insert “ in Wales ”.

(4) In sub-paragraphs (3) and (4) for “Secretary of State” substitute “ Assembly ”.

(5) In sub-paragraph (8) omit “(d),”.

(6) In sub-paragraph (9)—

(a) for “Secretary of State”, wherever occurring, substitute “ Assembly ”, and

(b) for “he” substitute “ the Assembly ”.

(7) In sub-paragraph (12) after “foundation special school” insert “ in Wales ”.

8

(1) Paragraph 4 is amended as follows.

(2) In sub-paragraph (1)—

(a) after “local education authority” insert “ in Wales ”, and

(b) for “Secretary of State” substitute “ Assembly ”.

(3) In sub-paragraph (2)—

(a) for “Secretary of State” substitute “ Assembly ”, and

(b) for “he” substitute “ the Assembly ”.

9

(1) Paragraph 5 is amended as follows.

(2) In sub-paragraph (1)(b)—

(a) for “Secretary of State” substitute “ appropriate authority ”, and

(b) for sub-paragraphs (i) and (ii) substitute—

(i) under section 19(1) requiring a foundation, voluntary or foundation special school in Wales to be discontinued, (ii) under section 32(1) requiring a foundation special school in Wales to be discontinued, (iii) under section 68(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or (iv) under section 17(1) of that Act requiring a foundation special school in England to be discontinued.

(3) In sub-paragraph (2) for the words from “Secretary of State” to the end substitute

appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to— (a) if the school is in England, any land falling within paragraphs (a) to (i) of paragraph A1(1) other than land falling within sub-paragraph (2A), or (b) if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 1(1), which is held by the body for the purposes of the school.

(4) After sub-paragraph (2) insert—

(2A) Land falls within this sub-paragraph if it is— (a) land falling within paragraph (g) of paragraph A1(1) by virtue of being land enhanced in value as mentioned in that paragraph, or (b) land falling within paragraph (i) of paragraph A1(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above. (2B) If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them.

(5) In sub-paragraph (3) for the words from “Secretary of State” to the end substitute

appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to— (a) if the school is in England, any land falling within paragraphs (a) to (h) of paragraph A7(1) other than land falling within sub-paragraph (3A), or (b) if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 2(1), which is held by the body for the purposes of the schools comprising the group.

(6) After sub-paragraph (3) insert—

(3A) Land falls within this sub-paragraph if it is— (a) land falling within paragraph (f) of paragraph A7(1) by virtue of being land enhanced in value as mentioned in that paragraph, or (b) land falling within paragraph (h) of paragraph A7(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above. (3B) If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A7 shall apply to it.

(7) In sub-paragraph (4)—

(a) for “Secretary of State” substitute “ appropriate authority ”,

(b) for paragraph (a) substitute—

(a) require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;

(d) in paragraph (c) for “he” substitute “ the appropriate authority ”.

(8) After sub-paragraph (4) insert—

(4ZA) Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A13(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school. (4ZB) Land falls within this sub-paragraph if it is— (a) land falling within paragraph (j) of paragraph A13(1) by virtue of being land enhanced in value as mentioned in that paragraph, or (b) land falling within paragraph (k) of paragraph A13(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(9) In sub-paragraph (4A)—

(a) after “Where the school” insert “ is in Wales and ”, and

(b) for “Secretary of State for him to exercise his” substitute “ appropriate authority for it to exercise its ”.

(10) In sub-paragraph (4B)—

(a) after “under sub-paragraph” insert “ (4ZA) or ”,

(b) for “Secretary of State” substitute “ appropriate authority ”,

(a) require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;

(d) in paragraph (b) for the words from “for the purposes of another” to the end substitute

— (i) in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or (ii) in the case of a school in Wales, 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 the appropriate authority may specify;

(e) in paragraph (c) after “sub-paragraph” insert “ (4ZA) or, as the case may be, ”, and

(f) in paragraphs (c) and (d) for “he”, wherever occurring, substitute “ the appropriate authority ”.

(11) In sub-paragraph (5)—

(a) after “(3)” insert “ , (4ZA) ”, and

(b) for “Secretary of State” substitute “ appropriate authority ”.

(12) After that sub-paragraph insert—

(5A) Where the school is in England and the trustees of the school— (a) dispose of any land falling within sub-paragraph (4ZB), or (b) wish to use any such land for purposes not connected with the provision of education in maintained schools, paragraph A13 shall apply to them.

(13) In sub-paragraph (6) after “Where” insert “ the school is in Wales and ”.

10

(1) Paragraph 6 is amended as follows.

(2) In sub-paragraph (1) for “Secretary of State's” substitute “ appropriate authority's ”.

(3) In sub-paragraph (2)—

(a) for “Secretary of State” substitute “ appropriate authority ”,

(b) for “he”, wherever occurring, substitute “ the appropriate authority ”,

(d) for “him” substitute “ the appropriate authority ”.

(4) After sub-paragraph (3) insert—

(3A) Where the school is in England and the trustees of the school— (a) dispose of any land falling within paragraph A13(1), (2) or (3), or (b) wish to use any such land for purposes not connected with the provision of education in maintained schools, paragraph A13 shall apply to them.

(5) In sub-paragraph (4) after “Where” insert “ the school is in Wales and ”.

11

In paragraph 7, in sub-paragraphs (2)(ii), (3)(c) and (6), for “Secretary of State” substitute “ appropriate authority ”.

12

In paragraph 8(2)—

(a) for “Secretary of State” substitute “ appropriate authority ”,

(b) for “he”, wherever occurring, substitute “ the appropriate authority ”,

(d) for “the authority”, wherever occurring, substitute “ the local education authority ”.

13

After paragraph 8 insert—

(8A) (1) This paragraph applies where the trustee of one or more foundation or foundation special schools to which section 23A (requirements as to foundations) applies is a body corporate. (2) Where— (a) the body corporate has under any enactment passed a resolution for its winding up, (b) a court has made an order for the winding up of the body corporate, (c) the body corporate has been removed under subsection (4) of section 3 of the Charities Act 1993 from the register of charities kept under that section, or (d) prescribed conditions relating to the ability of the body corporate to pay its debts or to its continued existence as a body corporate or as a charity are met, the Secretary of State may make an order under this paragraph. (3) Conditions may be prescribed under sub-paragraph (2)(d) by reference to the opinion of the Secretary of State as to any prescribed matter. (4) An order under this paragraph is an order directing that any land falling within paragraph A13(1)(b) or (2) held by the body corporate on trust for one or more foundation or foundation special schools to which section 23A applies is to be transferred to, and by virtue of the order vest in— (a) the governing body of the school, or (b) where the land is held on trust for two or more schools, such of the governing bodies of the schools as the Secretary of State thinks proper. (5) In a case where— (a) proposals to establish a new foundation or foundation special school fall to be implemented under Schedule 2 to the Education and Inspections Act 2006, and (b) the local education authority have before the school opening date transferred land to be held on trust for the school, references in this paragraph to a foundation or foundation special school include references to a proposed such school, references to a governing body include references to a proposed governing body and for the purpose of sub-paragraph (1) section 23A is to be taken to apply to the proposed school if it would apply to the school when it is established. (6) In this paragraph— - “charity” has the same meaning as in the Charities Act 1993; - “foundation” means a foundation established otherwise than under this Act.

14

In paragraph 9(1)—

(a) after “paragraph” insert “ A5, A11, A17, A23, ”, and

(b) for “or 8(2)(b)” substitute “ , 8(2)(b) or 8A ”.

15

(1) Paragraph 10 is amended as follows.

(2) In sub-paragraph (1) after paragraph (d) insert—

(e) “the appropriate authority” means— (i) in relation to a school in England, the Secretary of State, and (ii) in relation to a school in Wales, the Assembly.

(3) In sub-paragraph (3) after “paragraphs” insert “ A1(1), A13(1), (2) or (3)(a), A24 to A26, ”.

(4) In sub-paragraph (4) after “paragraphs” insert “ A1(1), A13(1), ”.

(5) In sub-paragraph (5) for “paragraph 1(1)” substitute “ paragraphs A1(1) and 1(1) ”.

16

(1) Paragraph 11 is amended as follows.

(2) For paragraph (a) of sub-paragraph (1) substitute—

(a) subject to sub-paragraph (7), “capital expenditure” means expenditure of the governing body in question which falls to be capitalised in accordance with proper accounting practices;

(3) In paragraph (b) of that sub-paragraph for “that Order” substitute “ the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 ”.

(4) In sub-paragraph (4) for the words from “, either by agreement” to the end substitute

— (a) by agreement between the authority and the relevant body, or (b) by the adjudicator where— (i) the authority or the relevant body refer the matter to him for determination, and (ii) by the time of his determination, the matter has not been determined by agreement between the authority and the relevant body.

(5) After sub-paragraph (4) insert—

(4A) In determining whether to make a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must have regard, in particular, to any guidance given from time to time by the Secretary of State. (4B) Before making a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must give the other notice of their intention to make the reference.

(6) In sub-paragraph (5)—

(a) for “Secretary of State” substitute “ adjudicator ”, and

(b) after “particular” insert “ to any guidance given from time to time by the Secretary of State and ”.

(7) After sub-paragraph (5) insert—

(5A) A determination made by the adjudicator on a reference made to him under sub-paragraph (4)(b) may be varied or revoked by a further determination made by him if— (a) the matter is referred to him by the local education authority or the relevant body, and (b) before making the further determination, the adjudicator consults such persons as he considers appropriate. (5B) In determining whether to make a reference to the adjudicator under sub-paragraph (5A)(a), the local education authority or the relevant body must have regard, in particular, to any guidance given from time to time by the Secretary of State. (5C) Sub-paragraph (5) applies in relation to the further determination of any matter by the adjudicator, by virtue of sub-paragraph (5A), as it applies in relation to the original determination of the matter.

(8) After sub-paragraph (6) insert—

(7) The Secretary of State may— (a) by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of any governing body or of any prescribed class or description of governing body; (b) by direction provide that expenditure of a particular governing body which is expenditure of a particular class or description is to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of that body. (8) Directions under sub-paragraph (7)(b) may be expressed to have effect in specified circumstances or subject to specified conditions.

17

After paragraph 11 insert—

(12) (1) For the purposes of paragraph 11(1)(a), “proper accounting practices”, in relation to a governing body, means those accounting practices— (a) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the governing body, or (b) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local education authority. (2) In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

Part 2 — Amendments to section 77 of SSFA 1998

18

(1) Section 77 of SSFA 1998 (control of disposals or changes of use of school playing fields in relation to England) is amended as follows.

(2) In subsection (1)—

(a) for “Except” substitute “ Subject to subsections (2A) and (2B), except ”, and

(b) after “a body” insert “ or trustees ”.

(3) For subsection (2) substitute—

(2) Subsection (1) applies to— (a) a local authority; (b) the governing body of a maintained school; (c) a foundation body; (d) the trustees of a foundation, voluntary or foundation special school.

(4) After subsection (2) insert—

(2A) Subsection (1) applies in the case of a disposal by the trustees of a foundation, voluntary or foundation special school, only if the disposal is of land falling within paragraph A13(1), (2) or (3) of Schedule 22. (2B) Subsection (1) does not apply— (a) to a disposal in pursuance of a transfer order under paragraph A23 of that Schedule, or (b) to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals on discontinuance) applies.

(5) In subsection (3)—

(a) for “Except” substitute “ Subject to subsections (4) and (4A), except ”,

(b) for “a local authority” substitute “ a body or trustees to whom subsection (1) applies ”, and

(c) for “falling within subsection (1)” substitute “ which falls within subsection (1) or is excluded from that subsection by subsection (2B)(a) or (b) ”.

(6) In subsection (4) omit “by a local authority”.

(7) After subsection (4) insert—

(4A) Subsection (3) applies in relation to the trustees of a foundation, voluntary or foundation special school only if the playing fields in question are land falling within paragraph A13(1), (2) or (3) of Schedule 22.

(8) In subsection (7), at the appropriate place, insert—

“maintained school” includes a maintained nursery school;

Part 3 — Consequential amendments

19

In section 75(2) of SSFA 1998 (transfer of land by governing body to trustees) after “Paragraph” insert “ A1 or ”.

20

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

21

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 ”.

22

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 ”.

23

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

1

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.

5

(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

6

(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

7

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

Chairman

8

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

10

(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

11

(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

12

(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

15

(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

17

(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

18

(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

19

(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)

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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 ”.

16

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

17

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

Learning and Skills Act 2000 (c. 21)

18

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

Education Act 2002 (c. 32)

19

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.

21

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

22

(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)

3

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

4

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

5

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.

, and

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

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

5

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

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

(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

6

(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

7

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

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

(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.

8

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

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

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

(2) The validity of any proceedings of the Office, or any of its committees or sub-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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.