Education Act 2005

Section 61

SCHEDULE 9 E+W Further amendments relating to school inspection

Parliamentary Commissioner Act 1967 (c. 13) E+W

1 E+W In Schedule 4 to the Parliamentary Commissioner Act 1967, omit the entry beginning “Registered Inspectors of Schools Appeal Tribunals”.

Employment and Training Act 1973 (c. 50) E+W

2 (1) Section 10B of the Employment and Training Act 1973 (inspection) is amended as follows. E+W

(2) For subsection (6) substitute—

“(6) A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005—

(a) section 10(1)(a) and (d) (right of access), and

(b) section 58 (computer records).”

(3) In subsection (7), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.

House of Commons Disqualification Act 1975 (c. 24) E+W

3 E+W Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 is to continue to include the following entries (originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in force by paragraph 2 of Schedule 6 to the School Inspections Act 1996 and amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000)—

“Her Majesty's Chief Inspector of Schools in England. Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolgydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25) E+W

4 E+W Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is to continue to include the same entries as those specified in paragraph 3 of this Schedule (originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in force by paragraph 3 of Schedule 6 to the School Inspections Act 1996 and amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000).

Education Reform Act 1988 (c. 40) E+W

5 (1) Section 226(2)(b) of the Education Reform Act 1988 (inspection of schools in other member States providing education for British children) is to continue to have effect with the following amendment (originally made by paragraph 7 of Schedule 4 to the Education (Schools) Act 1992 and continued by paragraph 4 of Schedule 6 to the School Inspections Act 1996).

(2) For the words from “school” to the end of the paragraph substitute “ by, or under the direction of, one or more of Her Majesty's Inspectors of Schools for England ”.

Tribunals and Inquiries Act 1992 (c. 53) E+W

6 E+W In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), in paragraph 15(d) for “Schedule 2 to the School Inspections Act 1996 (c. 57)” substitute “ Schedule 3 to the Education Act 2005 ”.

Judicial Pensions and Retirement Act 1993 (c. 8) E+W

7 E+W In section 26 of the Judicial Pensions and Retirement Act 1993 (retirement date for holders of certain judicial offices etc.) in subsection (8)(h), for “Schedule 2 to the School Inspections Act 1996” substitute “ Schedule 3 to the Education Act 2005 ”.

Disability Discrimination Act 1995 (c. 50) E+W

8 E+W In section 28D of the Disability Discrimination Act 1995 (accessibility strategies and plans), in subsection (13) for “School Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

Commencement Information

I1 Sch. 9 para. 8 wholly in force at 1.9.2006; Sch. 9 para. 8 not in force at Royal Assent see s. 125; Sch. 9 para. 8 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 8 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Education Act 1996 (c. 56) E+W

9 E+W In section 578(1) (meaning of “the Education Acts”) omit “the School Inspections Act 1996”.

Commencement Information

I2 Sch. 9 para. 9 wholly in force at 1.9.2006; Sch. 9 para. 9 not in force at Royal Assent see s. 125; Sch. 9 para. 9 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 9 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

10 E+W In Schedule 36 to the Education Act 1996 (uniform statutory trusts for educational endowments), in paragraph 2(b) for “Part I of the School Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

Commencement Information

I3 Sch. 9 para. 10 wholly in force at 1.9.2006; Sch. 9 para. 10 not in force at Royal Assent see s. 125; Sch. 9 para. 10 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 10 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Education Act 1997 (c. 44) E+W

11 E+W In section 38 of the Education Act 1997 (inspection of local education authorities) in subsection (5)(b) for “paragraph 2 of Schedule 1 to the School Inspections Act 1996” substitute “ paragraph 2 of Schedule 1 to the Education Act 2005 or (as the case requires) paragraph 2 of Schedule 2 to that Act ”.

Commencement Information

I4 Sch. 9 para. 11 wholly in force at 1.9.2006; Sch. 9 para. 11 not in force at Royal Assent see s. 125; Sch. 9 para. 11 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 11 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

12 E+W In section 39 of the Education Act 1997 (reports of inspections under section 38 and action plan by local education authority), in subsection (4)—

(a) for “section 42A(2) to (4) of the School Inspections Act 1996” substitute “ section 11(2) to (4) of the Education Act 2005 or, in relation to Wales, section 29(2) to (4) of that Act ”, and

(b) for “section 42A(2)” substitute “ section 11(2) or, as the case may be, section 29(2) ”.

Commencement Information

I5 Sch. 9 para. 12 wholly in force at 1.9.2006; Sch. 9 para. 12 not in force at Royal Assent see s. 125; Sch. 9 para. 12 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 12 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

13 E+W In section 40 (inspector's right of entry etc.), in subsection (4) for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Commencement Information

I6 Sch. 9 para. 13 wholly in force at 1.9.2006; Sch. 9 para. 13 not in force at Royal Assent see s. 125; Sch. 9 para. 13 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 13 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

School Standards and Framework Act 1998 (c. 31) E+W

14 (1) Section 14 of the School Standards and Framework Act 1998 (powers of intervention exercisable by LEAs) is amended as follows. E+W

(2) In subsections (1)(b) and (3), for “with serious weaknesses” substitute “ requiring significant improvement ”.

(3) For subsection (4) substitute—

“(4) In this Chapter—

(a) “Chief Inspector” means—

(i) in relation to a school in England, Her Majesty's Chief Inspector of Schools in England, and

(ii) in relation to a school in Wales, Her Majesty's Chief Inspector of Education and Training in Wales,

(b) “member of the Inspectorate”, in relation to an inspection of a school in Wales, has the meaning given by section 43 of the Education Act 2005,

(c) references to special measures being, or not being, required to be taken in relation to a school are to be read in accordance with section 44(1) of that Act, and

(d) references to a school requiring, or not requiring, significant improvement are to be read in accordance with section 44(2) of that Act.”

Commencement Information

I7 Sch. 9 para. 14 wholly in force at 1.9.2006; Sch. 9 para. 14 not in force at Royal Assent see s. 125; Sch. 9 para. 14 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 14 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

15 (1) Section 15 of the School Standards and Framework Act 1998 (cases where LEA may exercise powers of intervention) is amended as follows. E+W

(2) For subsection (4) substitute—

“(4) This section applies to a maintained school by virtue of this subsection if—

(a) following an inspection of the school under Chapter 1 or 3 of Part 1 of the Education Act 2005, the Chief Inspector—

(i) in the case of a school in England, has given the Secretary of State a notice under subsection (3)(a) of section 13 of that Act in a case falling within subsection (1)(b) of that section (school requiring significant improvement), or

(ii) in the case of a school in Wales, has given the National Assembly for Wales a notice under subsection (2) of section 37 of that Act in a case falling within subsection (1)(a)(ii) or (b)(ii) of that section (school requiring significant improvement), and

(b) where any subsequent inspection of the school has been made under Chapter 1 or 3 of Part 1 of that Act, the notice has not been superseded by—

(i) the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or

(ii) the Chief Inspector giving the Secretary of State or the Assembly a notice under section 13(3)(a) or 37(2) of that Act in a case falling within section 13(1)(a) or 37(1)(a)(i) or (1)(b)(i) (school requiring special measures).”

(3) Omit subsection (5).

(4) For subsection (6) substitute—

“(6) This section applies to a maintained school by virtue of this subsection if—

(a) following an inspection of the school under Chapter 1 or 3 of Part 1 of the Education Act 2005, the Chief Inspector—

(i) in the case of a school in England, has given the Secretary of State a notice under subsection (3)(a) of section 13 of that Act in a case falling within subsection (1)(a) of that section (school requiring special measures), or

(ii) in the case of a school in Wales, has given the National Assembly for Wales a notice under subsection (2) of section 37 of that Act in a case falling with subsection (1)(a)(i) or (b)(i) of that section (school requiring special measures), and

(b) where any subsequent inspection of the school has been made under Chapter 1 or 3 of Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.”

Commencement Information

I8 Sch. 9 para. 15 partly in force; Sch. 9 para. 15 not in force at Royal Assent see s. 125; Sch. 9 para. 15(1)(3) in force at 1. 9. 2005 for E. and Sch. 9 para. 15(2)(4) in force at 1.9.2005 for E. for certain purposes by S.I. 2005/2034, art. 4; Sch. 9 para. 15 in force at 1. 9. 2006 for W. by S.I. 2006/1338, art. 3, Sch. 1

16 (1) Section 16 of the School Standards and Framework Act 1998 (power of LEA to appoint additional governors) is amended as follows. E+W

(2) In subsection (3)—

(a) for “with serious weaknesses” substitute “ requiring significant improvement ”, and

(b) for paragraph (a) substitute—

“(a) the Chief Inspector has given the local education authority a notice under section 13(3)(a) or 37(2) of the Education Act 2005”.

(3) In subsection (9)(a), for “section 16A(2) of the School Inspections Act 1996” substitute “ section 13(3)(a) or 37(2) of the Education Act 2005 ”.

Commencement Information

I9 Sch. 9 para. 16 wholly in force at 1.9.2006; Sch. 9 para. 16 not in force at Royal Assent see s. 125; Sch. 9 para. 16 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 16 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

17 E+W In section 16A of the School Standards and Framework Act 1998 (power of LEA to provide for governing body to consist of interim executive members), in subsection (2)—

(a) for “with serious weaknesses” substitute “ requiring significant improvement ”, and

(b) for paragraph (a) substitute—

“(a) the Chief Inspector has given the local education authority a notice under section 13(3)(a) or 37(2) of the Education Act 2005, and”.

Commencement Information

I10 Sch. 9 para. 17 wholly in force at 1.9.2006; Sch. 9 para. 17 not in force at Royal Assent see s. 125; Sch. 9 para. 17 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 17 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

18 E+W In section 17 of the School Standards and Framework Act 1998 (power of LEA to suspend right to delegated budget), in subsection (3)—

(a) for “with serious weaknesses” substitute “ requiring significant improvement ”, and

(b) for paragraph (a) substitute—

“(a) the Chief Inspector has given the local education authority a notice under section 13(3)(a) or 37(2) of the Education Act 2005, and”.

Commencement Information

I11 Sch. 9 para. 18 wholly in force at 1.9.2006; Sch. 9 para. 18 not in force at Royal Assent see s. 125; Sch. 9 para. 18 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 18 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

19 E+W In section 18 of the School Standards and Framework Act 1998 (power of Secretary of State to appoint additional governors), in subsection (1)(a), for “with serious weaknesses” substitute “ requiring significant improvement ”.

Commencement Information

I12 Sch. 9 para. 19 wholly in force at 1.9.2006; Sch. 9 para. 19 not in force at Royal Assent see s. 125; Sch. 9 para. 19 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 19 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

20 E+W In section 18A of the School Standards and Framework Act 1998 (power of Secretary of State to provide for governing body to consist of interim executive members), in subsection (1)(a), for “with serious weaknesses” substitute “ requiring significant improvement ”.

Commencement Information

I13 Sch. 9 para. 20 wholly in force at 1.9.2006; Sch. 9 para. 20 not in force at Royal Assent see s. 125; Sch. 9 para. 20 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 20 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

21 E+W F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 9 para. 21 repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 184, 188(2), Sch. 18 Pt. 2

Commencement Information

I14 Sch. 9 para. 21 wholly in force at 1.9.2006; Sch. 9 para. 21 not in force at Royal Assent see s. 125; Sch. 9 para. 21 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 21 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Government of Wales Act 1998 (c. 38) E+W

22 E+W In Schedule 6 to the Government of Wales Act 1998 (Her Majesty's Chief Inspector of Education and Training in Wales), in the definition of “the Office of the Chief Inspector” in paragraph 1, for “(in accordance with section 4(3) of, and Schedule 1 to, the School Inspections Act 1996)” substitute “ (in accordance with section 19(3) of, and Schedule 2 to, the Education Act 2005) ”.

Protection of Children Act 1999 (c. 14) E+W

23 E+W In section 9 of the Protection of Children Act 1999 (tribunal to hear certain appeals) omit subsection (2)(ca).

Learning and Skills Act 2000 (c. 21) E+W

24 E+W In section 75 of the Learning and Skills Act 2000 (extended remit of Chief Inspector for Wales), in subsection (2)(a), for “the Schools Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

25 E+W In section 86 of the Learning and Skills Act 2000 (annual reports), in subsection (1), for “section 5(7)(a) of the School Inspections Act 1996” substitute “ section 21(1)(a) of the Education Act 2005 ”.

26 (1) Section 118 of the Learning and Skills Act 2000 (inspection) is amended as follows. E+W

(2) For subsection (5) substitute—

“(5) A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005—

(a) section 10(1)(a) and (d) (right of access), and

(b) section 58 (computer records).”

(3) In subsection (6), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.

27 (1) Section 128 of the Learning and Skills Act 2000 (conduct and effect of inspections) is amended as follows. E+W

(2) For subsection (2) substitute—

“(2) A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005—

(a) section 24(3)(a) and (d) (right of access), and

(b) section 58 (computer records).”

(3) In subsection (3), for “Section 42A” substitute “ Section 29 ”.

Education Act 2002 (c. 32) E+W

28 E+W In section 63 of the Education Act 2002 (power to require LEA to obtain advisory services) in subsection (1)(a)(i) for “with serious weaknesses” substitute “ requiring significant improvement ”.

Commencement Information

I15 Sch. 9 para. 28 wholly in force at 1.9.2006; Sch. 9 para. 28 not in force at Royal Assent see s. 125; Sch. 9 para. 28 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 28 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

29 E+W In section 159 of the Education Act 2002 (unregistered independent schools), in subsection (5), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Commencement Information

I16 Sch. 9 para. 29 wholly in force at 1.9.2006; Sch. 9 para. 29 not in force at Royal Assent see s. 125; Sch. 9 para. 29 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 29 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Nationality, Immigration and Asylum Act 2002 (c. 41) E+W

30 E+W In section 36 of the Nationality, Immigration and Asylum Act 2002 (education: general), in subsection (9)(a), for “the School Inspections Act 1996 (c. 57)” substitute “ Part 1 of the Education Act 2005 (school inspections) ”.

Commencement Information

I17 Sch. 9 para. 30 wholly in force at 1.9.2006; Sch. 9 para. 30 not in force at Royal Assent see s. 125; Sch. 9 para. 30 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 30 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1