The Education (School Inspection) (No. 2) (Amendment) Regulations 1993

Statutory Instruments

1993 No. 2973

EDUCATION, ENGLAND AND WALES

The Education (School Inspection) (No. 2) (Amendment) Regulations 1993

Made

29th November 1993

Laid before Parliament

10th December 1993

Coming into force

1st January 1994

The Secretary of State for Education, in exercise of the powers conferred by section 19(3) of, and paragraphs 10(2) to (4), 14(4)(b) and 15(3)(b) of Schedule 2 to, the Education (Schools) Act 1992(1) and sections 210(2) to (4), 211(3)(a) and 301(6) of the Education Act 1993, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Education (School Inspection) (No.2) (Amendment) Regulations 1993 and shall come into force on 1st January 1994.

(2) In these Regulations “the Regulations” means the Education (School Inspection) (No.2) Regulations 1993(2).

Amendment of Regulations

2.—(1) Regulation 7 of the Regulations is amended as follows.

(2) In paragraph (3), after the words “appropriate authority”, for “is” there is substituted “are”, and in sub-paragraph (a) for the words “when the inspector reported to them” there are substituted the words “on which they receive the report”.

(3) For paragraphs (4) and (5) there are substituted the following paragraphs—

“(4) For the purposes of paragraph 10(3) and (4) of Schedule 2 to the 1992 Act and section 210(3) and (4) of the 1993 Act there is prescribed, as the period within which the appropriate authority are to distribute in accordance with those enactments copies of an action plan prepared by them,—

(a) in the circumstances referred to in paragraph (3)(a), five working days from the date on which the appropriate authority complete the preparation of the action plan; and

(b) in the circumstances referred to in paragraph (3)(b), two days from the date on which the appropriate authority complete the preparation of the action plan or forty-two days from the date on which they receive the report, whichever first occurs.

(5) Where an action plan has been prepared by the appropriate authority they shall send copies of it (in addition to the persons mentioned in paragraph 10(3) and (4) of Schedule 2 to the 1992 Act or subsections (3) and (5), or (3) to (5), of section 210 of the 1993 Act, as the case may be) as follows—

(a) in all cases, to all persons employed at the school;

(b) in the case of a secondary school, to the Training and Enterprise Council for the area in which the school is situated; and

(c) in the case of a special school not being maintained by a local education authority, or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, to a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school.”.

(4) In paragraph (6) for the words following the words “the period of” there are substituted the following sub-paragraphs—

“(a) ten days from the date on which they receive a copy of the action plan in respect of the school in question; or

(b) fifty-two days from the date on which the appropriate authority for the school receive the report of the inspection; whichever first occurs.”.

3.  In regulation 12(2) of the Regulations there are inserted after “if” the words “the document containing the copy of”, and after “with” the words “a document containing a copy of”.

John Patten

Secretary of State for Education

9th November 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (School Inspection) (No.2) Regulations 1993 by substituting new paragraphs for paragraphs (4) and (5) of regulation 7 of those Regulations.The new paragraphs prescribe respectively the period within which the appropriate authority are to distribute copies of action plans prepared by them following a school inspection and the circumstances in which, and persons to whom, copies of such plans are to be sent (in addition to those specified in paragraph 10(3) and (4) of Schedule 2 to the Education (Schools) Act 1992 and section 210(3) to (5) of the Education Act 1993) (regulation 2(3)).

The Regulations also amend regulation 7(6) of those Regulations by specifying the period within which a local education authority are required to prepare a statement under section 211(2) of the Education Act 1993 in cases where, following a report of an inspection of a school which concluded that special measures are required to be taken in relation to it, the local education authority (within forty-two days after the receipt by the appropriate authority of the inspection report) do not receive a copy of the action plan (regulation 2(4)(b)).

The Regulations also make drafting changes to regulations 7(3) and 12(2) (regulations 2(2) and 3).

(1)

1992 c. 38. A new paragraph 10 of Schedule 2 was substituted, and paragraphs 14(4)(b) and 15(3)(b) of Schedule 2 were amended, by paragraph 173 of Schedule 19 to the Education Act 1993 (c. 35).

(2)

S.I. 1993/1986.