Office of Public Sector Information
PART 8 continued CHAPTER 7 continued
(6) A scheme may include provision—
(a) for different fees to be paid in different cases or classes of case;
(b) for the amount of a fee to be determined by the Chief Inspector in accordance with specified factors;
(c) for the time by which a fee must be paid;
(d) for varying or revoking a previous scheme.
(7) Before making a scheme the Chief Inspector must consult such persons as he considers appropriate.
(8) The Chief Inspector must arrange for a scheme to be published in such manner as he considers appropriate.
(9) A local authority in England must provide the Chief Inspector with such information as he requires for the purpose of determining the amount of a fee payable by the authority by virtue of a scheme.
(10) A fee payable by virtue of this section may be recovered summarily as a civil debt.
(11) But subsection (10) is not to be read as prejudicing any other method of recovery.
(12) In this section “relevant functions”, in relation to a local authority, has the same meaning as in Part 3 of the Care Standards Act 2000 (c. 14).
Section 38 of the Children Act 2004 (c. 31) (under which Her Majesty’s Inspectorate of Court Administration must, at the request of the Assembly, inspect and report on the performance of the Assembly’s functions under Part 4 of that Act) ceases to have effect.
Schedule 14 contains minor and consequential amendments relating to the provision made by this Part.
Schedule 15 contains—
(a) provision for the transfer of staff, property, rights and liabilities in connection with the establishment of the Office, and
(b) other transitional provisions and savings.
(1) In this Part—
“activities within the Chief Inspector’s remit” and related expressions are to be construed in accordance with section 117(6);
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
“the Council” means the Learning and Skills Council for England;
“document” means anything in which information of any description is recorded, including personal records as defined by section 12 of the Police and Criminal Evidence Act 1984 (c. 60);
“domestic premises” means premises which are used wholly or mainly as a private dwelling;
“functions” includes powers and duties;
an “HMI” means one of Her Majesty’s Inspectors of Education, Children’s Services and Skills;
“local authority in England” means—
a county council in England;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council;
the Common Council of the City of London (in their capacity as a local authority);
the Council of the Isles of Scilly;
“the Office” means the Office for Standards in Education, Children’s Services and Skills;
“the registration authority” means the person exercising functions relating to registration.
(2) In this Part any reference to the carrying on of activities as “user-focused” activities is a reference to the carrying on of the activities in a way that focuses on the needs of those for whose benefit the activities are carried on.
After section 11 of EA 2005 insert—
(1) The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so—
(a) for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and
(b) in particular, for the purpose of determining, in the light of the complaint—
(i) when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and
(ii) whether it would be appropriate to carry out an inspection under section 8(2).
(2) A complaint is a qualifying complaint if—
(a) it is about a matter relating to a relevant school and that matter—
(i) falls within a prescribed description, and
(ii) does not fall within any prescribed exception,
(b) it is made in writing to the Chief Inspector, and
(c) it is made by a person who satisfies prescribed conditions.
(3) The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint.
(4) Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint.
(5) In this section, “relevant school” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2).
(1) This section applies where a qualifying complaint is made to the Chief Inspector by a person who is a registered parent of a registered pupil at the school to which the complaint relates.
(2) If the Chief Inspector so requests for the purposes of an investigation of the complaint, the governing body of the school to which the complaint relates must provide him with—
(a) such information held by them as may be specified or described in the Chief Inspector’s request, and
(b) such other information held by them as they consider may be relevant to the investigation.
(3) If the complaint relates to a maintained school and the Chief Inspector so requests for the purposes of an investigation of the complaint, the local education authority who maintain the school must provide him with—
(a) such information held by them as may be specified or described in the Chief Inspector’s request, and
(b) such other information held by them as they consider may be relevant to the investigation.
(4) If, for the purposes of an investigation of the complaint, it appears to the Chief Inspector to be appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates—
(a) he must give notice to that effect to—
(i) the governing body of the school (unless the school falls within sub-paragraph (ii)), or
(ii) if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school, and
(b) on being so notified, the governing body or (as the case may be) the local education authority must co-operate with the Chief Inspector in the making of arrangements for the meeting.
(5) In particular, the governing body or (as the case may be) the local education authority must if so requested by the Chief Inspector—
(a) allow the meeting to be held on the premises of the school,
(b) fix a date for the meeting which is consistent with any request made by the Chief Inspector for that purpose, and
(c) take such steps as are specified by the Chief Inspector to give—
(i) the registered parents of registered pupils at the school, and
(ii) if the school is a maintained school which has a delegated budget, the local education authority who maintain the school,
such notice as the Chief Inspector may specify of the date, time and place of the meeting and of its purpose.
(6) The following persons (in addition to the registered parents of registered pupils at the school) may attend a meeting held in pursuance of subsection (5)—
(a) a representative of the governing body of the school, and
(b) if the school is a maintained school, a representative of the local education authority who maintain the school.
(7) In this section—
“governing body”, in relation to a relevant school which is not a maintained school, means the proprietor of the school;
“maintain”, in relation to school, has the same meaning as in the School Standards and Framework Act 1998;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“qualifying complaint” is to be read in accordance with section 11A(2);
“relevant school” has the meaning given by section 11A(5).
(1) This section applies where, for the purposes of an investigation of a qualifying complaint to which section 11B applies the Chief Inspector—
(a) requests information as mentioned in subsection (2) or (3) of that section, or
(b) gives notice in pursuance of subsection (4)(a) of that section that he considers it appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates.
(2) The Chief Inspector may, if he considers it appropriate to do so, prepare a report of the outcome of the investigation by him of the complaint.
(3) If the Chief Inspector prepares a report under subsection (2) he must send a copy of the report to—
(a) the governing body of the school (unless the school falls within paragraph (b)), or
(b) if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school.
(4) The body to whom a report is sent under subsection (3) must, if so requested by the Chief Inspector, provide a copy of the report to the registered parents of registered pupils at the school to which the complaint relates.
(5) In this section, “governing body” and “qualifying complaint” have the same meaning as in section 11B.”
In Schedule 16—
(a) Part 1 contains amendments of Chapter 1 of Part 1 of EA 2002 (powers to facilitate innovation), including amendments removing the restriction on the duration of the powers conferred by that Chapter; and
(b) Part 2 contains a consequential amendment.
(1) Subject to subsection (5), the Secretary of State may by order—
(a) make such provision as appears to him to be appropriate for the purpose of—
(i) repealing any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in England or such an authority in Wales, or to both, and
(ii) replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;
(b) make such provision as appears to him to be appropriate for the purpose of—
(i) repealing any reference in any statutory provision to a children’s services authority (however expressed) in so far as it relates to a children’s services authority in England or a children’s services authority in Wales, or to both, and
(ii) replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;
(c) make such provision as appears to him to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a) or (b), or of both those paragraphs.
(2) An order under subsection (1) may make provision modifying any enactment whenever passed or made (including this Act), and may, in particular, make provision—
(a) modifying references (however expressed) in any statutory provision to the functions of a local education authority, or the functions of a local authority (however defined) in its capacity as a local education authority, where the references wholly or partly relate to a local education authority in England or a local education authority in Wales;
(b) modifying statutory provisions which consist of or include provision requiring or authorising consultation, co-operation, communication or other action between a local education authority in England and an English local authority or between a local education authority in Wales and a Welsh local authority;
(c) modifying statutory provisions which consist of or include provision imposing a duty on a local education authority in England or on a local education authority in Wales where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, an English local authority or a Welsh local authority;
(d) modifying statutory provisions which consist of or include provision imposing a duty on an English local authority or on a Welsh local authority where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, a local education authority in England or a local education authority in Wales;
(e) repealing statutory provisions which are spent or have ceased to be of any practical utility.
(3) The following powers to make provision by order under subsection (1) are exercisable by the Assembly as well as by the Secretary of State—
(a) the power to make provision under paragraph (a) of that subsection in relation to any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in Wales,
(b) the power to make provision under paragraph (b) of that subsection in relation to any reference in any statutory provision to a children’s services authority (however expressed) in so far as it relates to a children’s services authority in Wales, and
(c) the power to make provision under paragraph (c) of that subsection in consequence of or in connection with any provision made by virtue of the powers under paragraph (a) or (b) of that subsection mentioned in paragraph (a) or (b) above, or by virtue of both those powers.
(4) The Secretary of State must not make an order under subsection (1), except with the consent of the Assembly, which contains provision made wholly or partly by virtue of any of the powers to make provision under that subsection mentioned in any of paragraphs (a) to (c) of subsection (3).
(5) An order under subsection (1) may make provision which is within the legislative competence of the Scottish Parliament only in consequence of provision made under such an order which is outside that competence.
(6) In this section—
“children’s services authority in England” and “children’s services authority in Wales” have the same meaning as in the Children Act 2004 (c. 31);
“English local authority” means—
a county council in England,
a metropolitan district council,
a non-metropolitan district council for an area for which there is no county council,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly;
“modify” includes amend or repeal;
“statutory provision” means—
any provision of this or any other Act, including any Act passed after this Act, and
any provision of subordinate legislation, including any such legislation made under, or after the passing of, this Act;
“Welsh local authority” means a county council or county borough council in Wales.
In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—
“(3A) When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify.
(3B) The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify—
(a) the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;
(b) the proprietor of any other relevant school.
(3C) A person so requested by the adjudicator to provide information must comply with the request.
(3D) In subsections (3A) and (3B), “relevant school” means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005.”
After section 537A of EA 1996 (provision of information about individual pupils) insert—
(1) Regulations may make provision requiring a person who provides funded education to provide to the relevant person such individual child information as may be prescribed.
(2) In subsection (1), “the relevant person” means one or more of the following—
(a) the Secretary of State, and
(b) any prescribed person.
(3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—
(a) to him, or
(b) to any prescribed person.
(4) The Secretary of State may provide any individual child information—
(a) to any information collator,
(b) to any prescribed person, or
(c) to any person falling within a prescribed category.
(5) Any information collator—
(a) may provide any individual child information—
(i) to the Secretary of State,
(ii) to any other information collator, or
(iii) to the person who provides the funded education for the child or children to whom the information relates, and
(b) may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed—
(i) to any prescribed person, or
(ii) to any person falling within a prescribed category.
(6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to—
(a) the Secretary of State,
(b) any information collator, or
(c) any prescribed person.
(7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.
(8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.
(9) In this section—
“child” means a person under the age of 19;
“funded education” means education provided under arrangements made by a local education authority in pursuance of the duties imposed by section 19(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school;
“individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise;
“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.”
After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—
(1) A member of the staff of an institution which is within the further education sector may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—
(a) committing any offence,
(b) causing personal injury to, or damage to the property of, any person (including the student himself), or
(c) prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.
(2) The power conferred by subsection (1) may be exercised only where—
(a) the member of the staff and the student are on the premises of the institution, or
(b) they are elsewhere and the member of the staff has lawful control or charge of the student.
(3) Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.
(4) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.
(5) In this section, “member of the staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee.”
(1) Regulations may enable—
(a) the governing body of a maintained school, whether alone or together with other such governing bodies, to make collaboration arrangements with one or more further education bodies;
(b) a further education body, whether alone or together with other further education bodies, to make collaboration arrangements with the governing body of a maintained school or the governing bodies of two or more such schools;
(c) a further education body to make collaboration arrangements with one or more further education bodies.
(2) “Collaboration arrangements” are arrangements for any of the functions of any of the bodies who make the arrangements (“the collaborating bodies”) to be discharged jointly or by a joint committee of those bodies.
(3) Regulations may make provision as to—
(a) the establishment by the collaborating bodies of a joint committee of those bodies for the purposes of discharging any functions in pursuance of collaboration arrangements made by them (“a joint committee”);
(b) the appointment of persons to serve on a joint committee (including provision as to the restrictions or other requirements relating to any such appointments) and their removal from office;
(c) the appointment of a clerk to a joint committee (including provision as to the restrictions or other requirements relating to any such appointment) and his removal from office;
(d) the appointment by a joint committee of one of their number to act as clerk for the purposes of a meeting where the clerk fails to attend;
(e) rights of persons to attend meetings of a joint committee;
(f) restrictions on persons taking part in proceedings of a joint committee;
(g) other matters relating to the constitution or procedure of a joint committee.
(4) Regulations may make provision as to—
(a) the functions of collaborating bodies which may or may not be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;
(b) the manner in which such functions are to be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;
(c) any other matters which are relevant to the discharge of functions by the collaborating bodies jointly, or as the case may be, by a joint committee in pursuance of such arrangements.
(5) Regulations may provide that any enactment relating to—
(a) the functions of the collaborating bodies which are to be discharged in pursuance of collaboration arrangements, or
(b) the governing bodies, or as the case may be the further education bodies, by whom those functions are to be discharged,
is to have effect subject to all necessary modifications in its application in relation to those functions and the bodies by whom they are to be discharged.
(6) In this section—
“further education body” means—
a further education corporation (as defined by section 17(1) of the Further and Higher Education Act 1992 (c. 13)), or
the governing body of a designated institution (as defined by section 28(4) of that Act) which is a body incorporated by virtue of section 143(4) of the Learning and Skills Act 2000 (c. 21);
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“regulations” means regulations made by the Secretary of State (in relation to England) or the Assembly (in relation to Wales).
In section 176 of EA 2002 (consultation with pupils), in subsection (3)—
(a) in the definition of “maintained school”, for “or a community or foundation special school” substitute “, a community or foundation special school or a maintained nursery school”, and
(b) omit the definition of “pupil” (which excludes children who are being provided with nursery education).
(1) In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions by LEA or governing body), in subsection (2)(b), for “or any community or foundation special school” substitute “, of any community or foundation special school, or of any maintained nursery school”.
(2) In section 497 of EA 1996 (Secretary of State’s general default powers), in subsection (2)(b), for “or any community or foundation special school” substitute “, of any community or foundation special school, or of any maintained nursery school”.
After section 167 of EA 2002 insert—
(1) The appropriate authority may direct that a person—
(a) may not take part in the management of an independent school;
(b) may take part in the management of an independent school only in circumstances specified in the direction;
(c) may take part in the management of an independent school only if conditions specified in the direction are satisfied.
(2) A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school.
(3) Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).
(4) The appropriate authority may vary or revoke a direction under this section in prescribed cases.
(5) Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4).
(6) In this section and sections 167B to 167D, “appropriate authority” means—
(a) in relation to England, the registration authority or such other public authority as may be prescribed;
(b) in relation to Wales, the registration authority or such other public authority as may be prescribed.
Education and Inspections Act 2006