Schedule 1

Education and Skills Bill – in a Public Bill Committee at 4:00 pm on 28th February 2008.

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Minor and consequential amendments

Amendments made: No. 215, in schedule 1, page 85, line 5, at end insert—

‘Children Act 1989 (c. 41)

The Children Act 1989 (c. 41) is amended as follows.

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

(2) In subsection (4)—

(a) in the opening words for “or” substitute “in England other than an independent educational institution or by a”;

(b) in paragraph (a) omit “an independent school or”.

(3) In subsection (10) after the definition of “further education corporation” insert—

““independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008;”.

(1) Section 87B(2) (duties of inspectors under section 87A) is amended as follows.

(2) In paragraph (a) for “an independent school” substitute “an independent educational institution in England, an independent school in Wales”.

(3) After that paragraph insert—

“(aa) in the case of a school that is an independent educational institution in England, to the Chief Inspector for England;”.’.

No. 216, in schedule 1, page 85, line 8, leave out paragraph 2 and insert—

‘ (1) Section 28D (accessibility strategies and plans) is amended as follows.

(2) In subsection (7) for paragraph (c) substitute—

“(c) schools approved under section 342 of the Education Act 1996 (non-maintained special schools).”

(3) In subsection (13) after “Education Act 2005” insert “or Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation and inspection of independent educational provision in England)”.

(1) In section 28E (accessibility strategies and plans: procedure) is amended as follows.

(2) In subsection (5)—

(a) omit paragraph (b) and the word “or” preceding it;

(b) omit “or plan”.

(3) After subsection (5) insert—

“(5A) If Her Majesty’s Chief Inspector of Education, Children’s Services and Skills asks for a copy of the accessibility plan prepared by the proprietor of an independent school (other than an Academy) in England, the plan must be given to him.”’.

No. 237, in schedule 1, page 85, line 25, at end insert—

‘ After section 537A insert—

“537AA Application of sections 537 and 537A to certain part-time educational institutions in England

(1) Sections 537 and 537A (powers of the Secretary of State to require information from governing bodies etc) apply in relation to a relevant part-time educational institution as they apply in relation to an independent school.

(2) In the application of sections 537 and 537A by virtue of this section—

(a) references to a pupil at an independent school are to be read as references to a student at a relevant part-time educational institution;

(b) references to the proprietor of an independent school are to be read as references to the person or body of persons responsible for the management of a relevant part-time educational institution.

(3) In this section—

(a) “relevant part-time educational institution” means an independent educational institution in England that is not an independent school;

(b) “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008 (see section 76 of that Act);

(c) “student” has the same meaning as in that Chapter (see section 123 of that Act).”’.

No. 217, in schedule 1, page 86, line 3, at end insert—

‘Police Act 1997 (c. 50)

In section 113BA of the Police Act 1997 (suitability information relating to children), in subsection (2)(e)—

(a) after “under” insert “section 113 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or”;

(b) after “school” insert “in Wales”.’.

No. 218, in schedule 1, page 86, line 5, leave out paragraph 10 and insert—

‘ (1) Section 9(2) of the Protection of Children Act 1999 (the Tribunal) is amended as follows.

(2) After paragraph (c) insert—

“(cb) on an appeal by virtue of section 342B or 342C of the Education Act 1996;”.

(3) After paragraph (g) insert—

“(h) on an appeal under Chapter 1 of Part 4 of the Education and Skills Act 2008;”.’.

No. 219, in schedule 1, page 86, line 21, at end insert—

‘ In section 157 (independent school standards) omit subsections (1A) and (2)(b).’.

No. 220, in schedule 1, page 86, line 22, at end insert ‘, and

(b) in subsection (3), for “the National Assembly for Wales” substitute “the Welsh Ministers”.

Omit sections 162A and 162B (inspection of registered schools in England).

In section 163 (power to inspect registered schools in Wales)—

(a) in the title, omit “in Wales”,

(b) in subsection (1)(a), omit “for Wales” and “in Wales”, and

(c) in subsection (5), omit the definition of “the Chief Inspector for Wales”.

In section 164 (inspections under section 163: supplementary) omit “for Wales” in subsections (1), (2)(a) (in both places), (3), (4), (9), (11) and (12).

In section 165(1)(a) (failure to meet standards) omit “162A or”.

In section 167A (prohibition on participation in management of independent schools)—

(a) omit subsection (6)(a), and

(b) in subsection (6)(b) omit “in relation to Wales,”.

For sections 167C and 167D (information and notification in relation to directions under section 167A) substitute—

“167C Directions under section 167A: information

(1) Where the appropriate authority is a public authority other than the Chief Inspector, the Chief Inspector may provide to that authority any information relating to a person which is held by the Chief Inspector in connection with the Chief Inspector’s functions under this Chapter.

(2) HMCI may provide to the appropriate authority any information relating to a person which is held by HMCI in connection with HMCI’s functions under Chapter 1 of Part 4 of the Education and Skills Act 2008.

(3) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State and which appears to the Secretary of State to be relevant to the exercise of the appropriate authority’s functions under section 167A or by virtue of section 167B.

(4) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority’s functions under section 167A or by virtue of section 167B.

(5) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for England, the General Teaching Council for Wales, the Secretary of State, HMCI or, where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers, any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.

(6) In this section “HMCI” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.

167D Directions under section 167A: notification

(1) Where the appropriate authority gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—

(a) the registration authority (unless the appropriate authority is the registration authority), and

(b) HMCI and (if different) the appropriate authority for the purposes of sections 113 to 116 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institutions in England).

(2) In this section “HMCI” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.”

(1) Section 171 is amended as follows.

(2) In the definition of “Chief Inspector”—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “in relation to a school in Wales,”.

(3) Omit the definition of “early years provision”.

(4) In the definition of “the register”—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “in relation to a school in Wales,”.

(5) In the definition of “registration authority” for paragraphs (a) and (b) substitute “the Welsh Ministers”.’.

No. 238, in schedule 1, page 86, line 31, at end insert—

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

(2) In subsection (1)(d), after “independent schools” insert “in Wales”.

(3) After subsection (1)(e) (inserted by paragraph 44(d) of Schedule 2 to the Childcare Act 2006 (c. 21)) insert “, and

(f) Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational provision in England).”

In section 62(4)(a) (power of Welsh Ministers to change inspection framework for Wales) for sub-paragraph (iv) substitute—

“(iv) sections 90 to 98 of the Education and Skills Act 2008 (independent educational institutions in England),”.’.

No. 221, in schedule 1, page 86, line 33, leave out paragraph 18 and insert—

‘ The Childcare Act 2006 is amended as follows.

(1) Section 13 (duty to provide information, advice and training to childcare providers) is amended as follows.

(2) In subsection (1)(c)—

(a) in the opening words, for “schools” substitute “institutions”;

(b) in sub-paragraph (ii), for “approved by the Secretary of State” substitute “approved”;

(c) in sub-paragraph (iii), for “an independent school” substitute “an independent educational institution”.

(3) In subsection (1)(d) for “school” substitute “institution”.

(1) Section 34(2) (requirement to register: other early years providers) is amended as follows.

(2) In paragraph (a)—

(a) in the opening words for “schools” substitute “institutions” and for “school’s” substitute “institution’s”;

(b) in sub-paragraph (ii) for “approved by the Secretary of State” substitute “approved”;

(c) in sub-paragraph (iii) for “an independent school” substitute “an independent educational institution”.

(3) In paragraph (b) for “school” in both places substitute “institution”.

(4) For paragraph (c) substitute—

“(c) where the provision is made at a school (including a school that is an independent educational institution)—

(i) the child is a registered pupil at the school, or

(ii) if the provision is made for more than one child, at least one of the children is a registered pupil at the school.”

In section 49 (inspections) in subsection (4) for “independent school” substitute “independent educational institution”.

(1) Section 53(2) (requirement to register: other later years providers for children under eight) is amended as follows.

(2) In paragraph (a)—

(a) in the opening words for “schools” substitute “institutions” and for “school’s” substitute “institution’s”;

(b) in sub-paragraph (ii) for “approved by the Secretary of State” substitute “approved”;

(c) in sub-paragraph (iii) for “an independent school” substitute “an independent educational institution”.

(3) In paragraph (b) for “school” in both places substitute “institution”.

(4) For paragraph (c) substitute—

“(c) where the provision is made at a school (including a school that is an independent educational institution)—

(i) the child is a registered pupil at the school, or

(ii) if the provision is made for more than one child, at least one of the children is a registered pupil at the school.”

(1) Section 63(3) (applications for registration on the general register: other childcare providers) is amended as follows.

(2) In paragraph (a)—

(a) in the opening words for “schools” substitute “institutions” and for “school’s” substitute “institution’s”;

(b) in sub-paragraph (ii) for “approved by the Secretary of State” substitute “approved”;

(c) in sub-paragraph (iii) for “an independent school” substitute “an independent educational institution”.

(3) In paragraph (b) for “school” in both places substitute “institution”.

(4) For paragraph (c) substitute—

“(c) where the provision is made at a school (including a school that is an independent educational institution)—

(i) the child is a registered pupil at the school, or

(ii) if the provision is made for more than one child, at least one of the children is a registered pupil at the school.”

In section 106 (general interpretation) for the definition of “independent school” substitute—

““independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008;”.’.

No. 222, in schedule 1, page 87, line 5, leave out paragraph 20 and insert—

‘ (1) Section 11 (publication of proposals to establish maintained schools: special cases) is amended as follows.

(2) In subsection (3)(a) for “Chapter 1 of Part 10 of EA 2002 (regulation of independent schools)” substitute “Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational institutions in England)”.

(3) In subsection (9) for “approved by the Secretary of State” substitute “approved”.’.

No. 223, in schedule 1, page 87, line 10, at end insert—

‘ (1) Section 171 (prohibition on participation in management: transitional provision) is amended as follows.

(2) In subsection (5), in the definition of “regulations”, for paragraphs (a) and (b) substitute “by the Welsh Ministers;”.’.

No. 224, in schedule 1, page 87, line 10, at end insert—

‘Safeguarding Vulnerable Groups Act 2006 (c. 47)

(1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

(2) In Schedule 4 (regulated activity), paragraph 1(10) is amended as follows.

(3) After paragraph (b) insert—

“(ba) a body approved under section 90 of the Education and Skills Act 2008 (bodies approved to inspect registered independent educational institutions in England);”.

(4) In paragraph (c) after “school” insert “in Wales”.’.

No. 225, in schedule 1, page 87, line 16, at end insert—

‘Social Security Administration Act 1992 (c. 5)

The Social Security Administration Act 1992 (c. 5) is amended as follows.

(1) Section 2A (claim or full entitlement to certain benefits conditional on work-focused interviews) is amended as follows.

(2) In subsection (8), in the definition of “the designated authority”—

(a) after paragraph (c) insert—

“(ca) subject to subsection (9), a county council in England,”;

(b) in paragraph (d), before “a person” insert “subject to subsection (9),”;

(c) in that paragraph for “any such authority” substitute “any authority mentioned in paragraph (c) or (ca)”.

(3) After that subsection insert—

“(9) A county council in England or a person providing services to, or authorised to exercise any function of, such a council may be specified as the designated authority only in relation to interviews with persons to whom the council is required to make support services available under section 54(1) of the Education and Skills Act 2008 (support services: provision by local education authorities).”

(1) Section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner) is amended as follows.

(2) In subsection (7), in the definition of “designated authority”—

(a) after paragraph (c) insert—

“(ca) subject to subsection (8), a county council in England,”;

(b) in paragraph (d), before “a person” insert “subject to subsection (8),”;

(c) in that paragraph, for “a local authority” substitute “any authority mentioned in paragraph (c) or (ca)”.

(3) After that subsection insert—

“(8) A county council in England or a person providing services to, or authorised to exercise any function of, such a council may be specified as the designated authority only in relation to interviews with persons to whom the council is required to make support services available under section 54(1) of the Education and Skills Act 2008 (support services: provision by local education authorities).”

(1) Section 2C (optional work-focused interviews) is amended as follows.

(2) In subsection (1), after “local authorities” insert “or, subject to subsection (3A), county councils in England”.

(3) In subsection (3), after “a local authority” insert “or on a county council in England”.

(4) After subsection (3) insert—

“(3A) Regulations under this section may confer functions on a county council in England only in relation to interviews with persons to whom the council is required to make support services available under section 54(1) of the Education and Skills Act 2008 (support services: provision by local education authorities).” ’.

No. 226, in schedule 1, page 88, line 5, at end insert—

‘School Standards and Framework Act 1998 (c. 31)

26A The School Standards and Framework Act 1998 (c. 31) is amended as follows.

26B (1) Section 86 (parental preferences) is amended as follows.

(2) After subsection (1) insert—

“(1ZA) Subsection (1) does not apply in relation to—

(a) sixth form education, or

(b) any other education to be provided for a child who—

(i) has ceased to be of compulsory school age, or

(ii) will have ceased to be of compulsory school age before the education is provided for him.”

(3) In subsection (2), for “subsections (3) and (3A)” substitute “subsection (3)”.

(4) Omit subsections (3A) and (3B).

(5) In subsection (8), for “subsections (3) and (3A)” substitute “subsection (3)”.

(6) In subsection (9), omit “or arrangements such as are mentioned in subsection (3B)”.

26C In section 87 (no requirement to admit children permanently excluded from two or more schools), in subsection (1), for “duty imposed by section 86(2) does” substitute “duties imposed by section 86(2) and section 86B(1) do”.

26D In section 89 (procedure for determining admission arrangements), in subsection (1A)—

(a) for “and (3A)” substitute “, 86B(2) and (4)”, and

(b) for “parental” substitute “expressed”.

26E In section 89B (co-ordination of admission arrangements), after subsection (6) insert—

“(7) Nothing in this section applies in relation to arrangements for the admission to maintained schools of pupils—

(a) who—

(i) have ceased to be of compulsory school age, or

(ii) will have ceased to be of compulsory school age before education is provided for them at the school, or

(b) for the purpose of receiving sixth form education.”

26F Omit section 94(7).

26G (1) Section 95 (appeals relating to children to whom section 87 applies) is amended as follows.

(2) In subsection (1)—

(a) for “the parent of a child” substitute “the appropriate person”, and

(b) in paragraph (b), for “the child” substitute “a child”.

(3) After that subsection insert—

“(1A) In subsection (1), “the appropriate person”, in relation to a child, has the same meaning as in section 94.” ’.

No. 227, in schedule 1, page 88, line 33, at end insert—

‘Education and Inspections Act 2006 (c. 40)

30A (1) In section 180 of the Education and Inspections Act 2006 (functions to be exercisable by National Assembly), in subsection (2) after “sections 40 to 54 (school admissions);” insert—

“section 55 (right of sixth-form pupils to opt out of religious worship);”.

(2) The amendment made by sub-paragraph (1) is deemed always to have had effect.’.—[Jim Knight.]

Schedule 1, as amended, agreed to.