Education and Inspections Act 2006

• (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;

• (c) provision prescribing circumstances in which notices are, or are not, to be made public;

• (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

• (c) in paragraph (c) for “those services” substitute “ services in England in pursuance of section 8 or 9 ”.

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

• (c) omit the definition of “the Commission”.

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

• (c) omit “section 11(2) or, as the case may be,”.

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

• (c) after “Act 2003” insert “ or section 139 of the Education and Inspections Act 2006 ”.

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

• (c) in paragraph (c) for “those services” substitute “ services in pursuance of section 114(1) ”.

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

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

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

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.

• (4) A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

• (5) A staff transfer scheme may provide for—

• (a) section 3 of the Act of Settlement (1700 c. 2),

• (b) section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), and

• (c) any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,

not to apply in relation to service as a member of the staff of the Office by a person who becomes a member of its staff pursuant to the scheme.

Property transfer schemes

2

• (1) The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to the Office or the new Chief Inspector of any property, rights or liabilities of any of the following—

• (a) the existing Chief Inspector;

• (b) the Secretary of State;

• (c) the Lord Chancellor;

• (d) the ALI;

• (e) the CSCI.

• (2) A property transfer scheme may provide for the transfer to a person other than the Office or the new Chief Inspector of any property, rights or liabilities of the ALI not transferred pursuant to sub-paragraph (1).

• (3) A property transfer scheme may—

• (a) create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

• (b) provide for things done by or in relation to persons mentioned in paragraphs (a) to (e) of sub-paragraph (1) in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;

• (c) apportion property, rights and liabilities;

• (d) make provision about the continuation of legal proceedings.

• (4) The things that may be transferred by a property transfer scheme include—

• (a) property, rights and liabilities that could not otherwise be transferred;

• (b) property acquired, and rights and liabilities arising, after the making of the scheme.

Continuity of exercise of functions etc.

3

• (1) Anything which—

• (a) has been done (or has effect as if done) by or in relation to the existing Chief Inspector, and

• (b) is in force immediately before the appointed day,

is to be treated as done by or in relation to the new Chief Inspector.

• (2) Anything (including any legal proceedings) which—

• (a) relates to any function transferred to, or otherwise made exercisable by, the new Chief Inspector under this Part, and

• (b) is in the process of being done by or in relation to the existing Chief Inspector immediately before the appointed day,

may be continued by or in relation to the new Chief Inspector.

• (3) Nothing in sub-paragraph (1) or (2)—

• (a) applies to anything in relation to which provision may be made under paragraph 2(3)(b), or

• (b) affects the validity of anything done by the existing Chief Inspector.

• (4) In this paragraph “the appointed day” means the day appointed under section 188 for the coming into force of section 113.

4

• (1) A scheme made by the Secretary of State may make provision corresponding to the provision made by paragraph 3 in relation to things done, having effect as if done, or in the process of being done by—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the ALI,

• (c) the Chief Inspector of Adult Learning, or

• (d) the CSCI.

• (2) Such a scheme may provide for things to be treated as done, or to be continued, by or in relation to the Chief Inspector or the Office.

• (3) This paragraph does not apply to anything in relation to which provision may be made under paragraph 1(1)(d).

Schemes: supplementary

5

A staff transfer scheme, a property transfer scheme or a scheme made under paragraph 4 may contain supplementary, incidental, transitional and consequential provision.

Saving for previous transfer schemes

6

Paragraphs 58 and 60 of Schedule 14 to this Act (and the corresponding entries in Part 5 of Schedule 18 to this Act) do not affect—

• (a) any provision of a scheme made under section 90(1) or 92(1) of the Learning and Skills Act 2000 (c. 21) which has effect immediately before the coming into force of those paragraphs;

• (b) the operation of section 95 of that Act in relation to rights and liabilities under a contract of employment transferred by virtue of such a scheme.

Preparation for performance of functions by the new Chief Inspector

7

• (1) The Secretary of State may by regulations confer on the Office and the existing Chief Inspector such powers, and impose on them such duties, as the Secretary of State considers necessary or expedient for the purpose of preparing for the performance by the new Chief Inspector of his functions.

• (2) Regulations under sub-paragraph (1) may be made at any time before the day on which the new Chief Inspector acquires his functions.

• (3) The ALI, the Chief Inspector of Adult Learning, the CSCI and the court administration inspectors must give such assistance to the Office and the existing Chief Inspector as is reasonably required for the purpose of preparing for the performance by the new Chief Inspector of his functions.

• (4) In this paragraph references to the new Chief Inspector's functions are to the functions conferred on him by virtue of this Part.

First annual report of the new Chief Inspector

8

• (1) The first annual report made by the new Chief Inspector under section 121 is to be a report in respect of the year beginning with the day after the end of the last year for which the existing Chief Inspector made a report under section 3 of EA 2005.

• (2) That report is to include a report on the exercise by the existing Chief Inspector of his functions during any period—

• (a) beginning with the day mentioned in sub-paragraph (1), and

• (b) ending with the day before his office was abolished.

Interpretation

9

In this Schedule—

• “the ALI” means the Adult Learning Inspectorate;

• “the existing Chief Inspector” means Her Majesty's Chief Inspector of Schools in England;

• “the new Chief Inspector” means the Chief Inspector appointed under Chapter 1 of this Part;

• ...

• “the CSCI” means the Commission for Social Care Inspection.

SCHEDULE 16

Part 1 — Amendments of Chapter 1 of Part 1 of EA 2002

1

• (1) Section 1 of EA 2002 (purpose and interpretation of Chapter 1 of Part 1) is amended as follows.

• (2) In subsection (1)(a) and (b), for “the educational standards achieved by children” substitute “ educational standards ”.

• (3) In subsection (2)—

• (a) for “the educational standards achieved by children” substitute “ educational standards ”, and

• (b) in paragraph (b), for “children” substitute “ pupils or students ”.

• (4) In subsection (3)—

• (a) after the definition of “education legislation” insert—

“maintained school” means— (a) a community, foundation or voluntary school, (b) a community or foundation special school, or (c) a maintained nursery school;

,

• (b) for the definition of “qualifying body” substitute—

“qualifying body” means— (a) a local education authority, (b) an Education Action Forum, (c) a qualifying foundation, (d) the governing body of a maintained school, (e) the head teacher of a maintained school, (f) the proprietor of an Academy, a city technology college or a city college for the technology of the arts, (g) the proprietor of any special school that is not maintained by a local education authority but is for the time being approved by the Secretary of State or the National Assembly for Wales under section 342 of the Education Act 1996, or (h) the governing body of an institution within the further education sector;

, and

• (c) after the definition of “qualifying body” insert—

“qualifying foundation” means the foundation, as defined by subsection (3)(a) of section 21 of the School Standards and Framework Act 1998, of any foundation or foundation special school that for the purposes of that section has a foundation established otherwise than under that Act;

, and

• (d) omit the definition of “qualifying school”.

2

• (1) Section 2 of EA 2002 (power to suspend statutory requirements etc.) is amended as follows.

• (2) After subsection (1) insert—

(1A) Where the applicant is or includes a qualifying foundation, references in paragraphs (a) to (d) of subsection (1) to the applicant (so far as they would otherwise be read as references to the qualifying foundation) are to be read as references to the governing bodies of all or any of the foundation or foundation special schools in respect of which the applicant is the foundation.

• (3) Omit subsections (7) and (8).

3

• (1) Section 4 of EA 2002 (applications for orders under section 2) is amended as follows.

• (2) In subsection (1) after “section 2” insert “ (“an application for an order”) ”.

• (3) After subsection (1) insert—

(1A) No application for an order may be made by the head teacher of a maintained school without the consent of the governing body of the school.

• (4) In subsection (2)—

• (a) for “such an application” substitute “ an application for an order ”,

• (b) after paragraph (a) insert—

(aa) in the case of a qualifying foundation, consult the governing body of each foundation or foundation special school to which the application relates and the local education authority who maintain the school,

, and

• (c) for paragraph (b) substitute—

(b) in the case of the governing body of a maintained school, consult— (i) the local education authority who maintain the school, and (ii) where the school is a foundation school with a qualifying foundation, that foundation, and

.

Part 2 — Consequential amendment

4

In section 24 of the Anti-social Behaviour Act 2003 (c. 38), for the definition of “relevant school” substitute—

“relevant school” means— (a) a community, foundation or voluntary school, (b) a community or foundation special school, (c) a maintained nursery school as defined in section 22(9) of the School Standards and Framework Act 1998, (d) a pupil referral unit as defined in section 19(2) of the 1996 Act, (e) an Academy, (f) a city technology college, or (g) a city college for the technology of the arts,

.

SCHEDULE 17

Schools in Wales causing concern: warning notice by local education authority

1

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

LEA’s reserve power to prevent breakdown of discipline

2

In section 62 of SSFA 1998 ( local authority's reserve power to prevent a breakdown of discipline) in subsection (3)(c), for “either or both of sections 16 and 17” substitute “ any one or more of sections 16, 16A and 17 ”.

Orders and regulations made by Assembly under SSFA 1998

3

• (1) Section 138 of SSFA 1998 (orders and regulations) is amended as follows.

• (2) In subsection (1), after “the Secretary of State” insert “ or the Assembly ”.

• (3) In subsection (3), after “regulations” insert “ made by the Secretary of State ”.

• (4) In subsection (7), after “the Secretary of State” insert “ or the Assembly ”.

Meaning of “the Assembly” in SSFA 1998

4

In section 142(1) of SSFA 1998 (general interpretation), before the definition of “Church in Wales school” insert—

“the Assembly” means the National Assembly for Wales;

.

5

In section 143 of SSFA 1998 (index), after the entry for “area” insert—

Assembly	section 142(1)

.

Power of Assembly to require LEA to obtain advisory services

6

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

SCHEDULE 18

Part 1 — Repeals coming into force on Royal Assent

Part 2 — Repeals coming into force in accordance with section 188(2)

Part 3 — School organisation

Part 4 — Schools causing concern

Part 5 — Inspections

Part 6 — Other repeals

School improvement partners

Requirement to seek proposals for establishment of new Academies

Consultation in relation to proposals under section 15

Consultation in relation to proposals under section 15

General restriction on selection by ability

Code for school admissions

Role of admission forums

Support for parental preferences

Looked after children to whom section 87(2) of SSFA 1998 applies

Restrictions on alteration of admission arrangements

Looked after children to whom section 87(2) of SSFA 1998 applies

Schools with pre-1998 arrangements for selection by ability or aptitude

Schools with pre-1998 arrangements for selection by ability or aptitude

Schools with pre-1998 arrangements for selection by ability or aptitude

Pupil banding

Removal of requirement to issue code of practice as to relationships between local authorities and maintained schools in England etc

Charges for music tuition

Removal of requirement to issue code of practice as to relationships between LEAs and maintained schools in England etc

Enforcement of disciplinary penalties: general

Meaning of “disciplinary penalty”

Parenting contracts and parenting orders: further provisions

Parenting contracts and parenting orders: further provisions

Duty of local authority in relation to excluded pupils

Responsibility of governing body for discipline

Parenting contracts and parenting orders: further provisions

Removal of excluded pupils to designated premises

Duty of local education authority in relation to excluded pupils

Interaction with other authorities

Prohibition on participation in management: supplementary

Parliamentary control of orders and regulations

Power to make consequential and transitional provision etc

Restrictions on framework power conferred by section 178

Restrictions on framework power conferred by section 178

Repeals

Financial provisions

Repeals

Assembly control of orders and regulations

Prohibition on participation in management: supplementary

Transitional provisions and savings

Prohibition on participation in management: transitional provision

Miscellaneous amendments relating to Wales

Prohibition on participation in management: supplementary

University bodies: amendment of section 29 of Leasehold Reform Act 1967

Support schemes relating to education and training for persons aged 10 to 15

Restrictions on framework power conferred by section 178

Power to make consequential and transitional provision etc

Power to make consequential and transitional provision etc

Financial provisions

...

Education Act 1996 (c. 56)

Application of Schedule

“The relevant authority”

“Proposers”

References to persons by whom proposals are made

Objections and comments

Consideration of proposals

...

Consideration of proposals that are related to other proposals

Duty to refer to adjudicator certain proposals made by or involving relevant authority

Duty to refer proposals to adjudicator in prescribed cases

Duty to refer proposals to adjudicator in pursuance of direction by Secretary of State

Duty to refer proposals to adjudicator where determination delayed

Reference to adjudicator at request of aggrieved person after determination under paragraph 8(4)

Duty to refer related proposals

Withdrawal of proposals before determination

Effect of referring proposals to adjudicator

...

Determination whether to implement proposals not requiring consideration under paragraph 8

Provision of information

Requirement to implement proposals

Proposals not falling to be implemented

Proposals relating to community schools, community special schools or maintained nursery schools

Proposals relating to foundation or voluntary controlled schools

Proposals relating to voluntary aided school

Proposals relating to foundation special schools

Proposals relating to Academy

Provision of site and buildings for proposed foundation, voluntary controlled or foundation special school

Grants in respect of certain expenditure relating to proposed voluntary aided school

Assistance for proposers of proposed voluntary aided school

Duty to transfer interest in premises provided under paragraph 30

Local Government Act 1972 (c. 70)

Local Government Act 1974 (c. 7)

...

...

Further and Higher Education Act 1992 (c. 13)

Education Act 1996 (c. 56)

School Standards and Framework Act 1998 (c. 31)

Learning and Skills Act 2000 (c. 21)

Education Act 2002 (c. 32)

Education Act 2005 (c. 18)

Interpretation of Schedule

Governing body to consist of members appointed by appropriate authority

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

Interim executive members

Duty of appropriate authority to inform other persons

Power to specify duration of interim period

Chairman

Remuneration and allowances

Duty of interim executive board

Proceedings of interim executive board

Effect on suspension of delegated budget

Exclusion of certain statutory provisions

Closure of school

Notice of resumption of government by normally constituted governing body

Time when interim executive members cease to hold office

Establishment of normally constituted governing body

Statement to be prepared by local authority following adverse report on maintained school

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

School Standards and Framework Act 1998 (c. 31)

Learning and Skills Act 2000 (c. 21)

Education Act 2002 (c. 32)

Education Act 2005 (c. 18)

After Schedule 35A to EA 1996 insert—

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

Public Passenger Vehicles Act 1981 (c. 14)

Transport Act 1985 (c. 67)

Education Act 1996 (c. 56)

Membership

Terms of appointment

Remuneration of members

Staff

Committees

Procedure etc.

Performance of functions

Execution of documents

Evidence

Supplementary powers

Remuneration, pensions etc. of Chief Inspector

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

Execution of documents

Evidence

Ancillary powers

Nature of functions conferred on Chief Inspector

Relationship between Chief Inspector and the Office

Delegation of functions

Inspectors etc. to have necessary qualifications, experience and skills

Additional inspectors

Provisions relating to additional inspectors provided by inspection service providers

Inspection authorities and inspection functions

Public authorities

Delegation of inspection functions to public authorities

Inspection programmes and inspection frameworks

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

Co-operation

Joint action

Advice or assistance for other public authorities

Inspections carried out under arrangements

Charges

Public Records Act 1958 (c. 51)

Parliamentary Commissioner Act 1967 (c. 13)

Superannuation Act 1972 (c. 11)

Employment and Training Act 1973 (c. 50)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Race Relations Act 1976 (c. 74)

Education Reform Act 1988 (c. 40)

Children Act 1989 (c. 41)

Further and Higher Education Act 1992 (c. 13)

Education Act 1994 (c. 30)

Education Act 1997 (c. 44)

Audit Commission Act 1998 (c. 18)

Data Protection Act 1998 (c. 29)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Local Government Act 1999 (c. 27)

Care Standards Act 2000 (c. 14)

Learning and Skills Act 2000 (c. 21)

Regulation of Investigatory Powers Act 2000 (c. 23)

Freedom of Information Act 2000 (c. 36)

Education Act 2002 (c. 32)

Adoption and Children Act 2002 (c. 38)

Courts Act 2003 (c. 39)

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Children Act 2004 (c. 31)

Education Act 2005 (c. 18)

Childcare Act 2006 (c. 21)

Staff transfer schemes

Property transfer schemes

Continuity of exercise of functions etc.

Schemes: supplementary

Saving for previous transfer schemes

Preparation for performance of functions by the new Chief Inspector

First annual report of the new Chief Inspector

Interpretation

Schools in Wales causing concern: warning notice by local education authority

Local authority's reserve power to prevent breakdown of discipline

Orders and regulations made by Assembly under SSFA 1998

Meaning of “the Assembly” in SSFA 1998

Power of Assembly to require local authority to obtain advisory services

Editorial notes