Schedule 1

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

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‘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—