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SCHEDULES

F1SCHEDULE 7E+W[F1Sixth forms requiring significant improvement [F2: Wales]]

Part IE+W Power to publish proposals

Modifications etc. (not altering text)

C1Sch. 7 Pt. 1: functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (p)

Secondary schoolsE+W

1(1)Paragraphs 2 to 7 apply to a maintained school (within the meaning given by section 20(7) of the M1School Standards and Framework Act 1998) [F3in Wales] which—E+W

(a)provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b)provides full-time education suitable to the requirements of pupils of compulsory school age.

[F4(2)For the purposes of those paragraphs a school requires significant improvement in relation to its sixth form if—

(a)the school is failing to give its pupils over compulsory school age an acceptable standard of education, or

(b)in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform. ]

Textual Amendments

F4Sch. 7 para. 1(2) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(3); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I1Sch. 7 para. 1 wholly in force at 1.4.2002; Sch. 7 para. 1 not in force at Royal Assent see s. 154; Sch. 7 para. 1 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 1 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. 2 Pt. II; Sch. 7 para. 1 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

[F5 2 E+WIf a person who inspects a school—

(a) states in his report an opinion, in accordance with section F6 ... 34(7) or 35 (2) or (5) of the Education Act 2005 (school no longer requiring special measures), that special measures are not required to be taken in relation to the school, but

(b)is of the opinion that the school requires significant improvement in relation to its sixth form,

he shall state that opinion in his report. ]

3(1)This paragraph applies if in the course of an area inspection under F7[F8... section 83 of this Act] the Chief Inspector forms the opinion that a particular school [F9requires significant improvement in relation to its sixth form ].E+W

(2)The Chief Inspector shall make a report about the school stating his opinion.

[F10(3) The report shall be treated for all purposes of this Schedule and Part 1 of the Education Act 2005 (inspections) as if it were a report of an inspection of a school under section F11 ... 28 of that Act. ]

Textual Amendments

F9Words in Sch. 7 para. 3(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(5)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F10Sch. 7 para. 3(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(5)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I2Sch. 7 para. 3 wholly in force at 1.4.2002; Sch. 7 para. 3 not in force at Royal Assent see s. 154; Sch. 7 para. 3 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 3 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 3 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

4(1)Parts II and III of this Schedule shall apply in relation to a school if—E+W

(a)an opinion that it [F12requires significant improvement in relation to its sixth form] is stated in a report in accordance with paragraph 2, and

(b)F13... the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.

(2)Parts II and III of this Schedule shall also apply in relation to a school if—

[F14(a) a report of an inspection under Chapter F15 ... 3 of Part 1 of the Education Act 2005 states the opinion that the school requires significant improvement in relation to its sixth form, ]

(b)the next report of a kind mentioned in paragraph (a) also states that opinion,

(c)F16...each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b), and

(d)neither report states the opinion that special measures are required to be taken in relation to the school.

Textual Amendments

F12Words in Sch. 7 para. 4(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(6)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F14Sch. 7 para. 4(2)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(6)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I3Sch. 7 para. 4 wholly in force at 1.4.2002; Sch. 7 para. 4 not in force at Royal Assent see s. 154; Sch. 7 para 4 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 4 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 4 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

5(1)Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under [F17Chapter F18... 3 of Part 1 of the Education Act 2005 ] or [F19, F18... section 83 ]of this Act concludes—E+W

(a)that special measures are required to be taken in relation to the school, or

(b)that the school does not [F20require significant improvement in relation to its sixth form ].

(2)Where F21... the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3)Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 16 or 20.

Textual Amendments

F17Words in Sch. 7 para. 5(1) substituted (1.9.2005 for E., 1.9.2006 for W..) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(7)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F20Words in Sch. 7 para. 5(1)(b) substituted (1.9.2005 for E.., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(7)(a)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I4Sch. 7 para. 5 wholly in force at 1.4.2002; Sch. 7 para. 5 not in force at Royal Assent see s. 154; Sch. 7 para. 5 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 5 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 5 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

6[F22(1) This paragraph applies to a report of an inspection under Chapter F23 ...3 of Part 1 of the Education Act 2005 which— E+W

(a)states an opinion that a school requires significant improvement in relation to its sixth form, and

(b)F24... is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a). ]

(2)The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—

(a)to F25... the National Assembly for Wales, and

[F26(b) if F27 ... the person making the report is a member of the Inspectorate,

to the appropriate authority for the school. ]

[F28(3)The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—

F29( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)section 38(2) (additional copies),

(ii)section 38(4) (publication by appropriate authority),

(iii)section 39 (action plan by appropriate authority), and

(iv)where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local education authority). ]

(4)In the application of those provisions—

(a)a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and

(b)a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.

Textual Amendments

F22Sch. 7 para. 6(1) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F26Sch. 7 para. 6(2)(b) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F28Sch. 7 para. 6(3) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(c); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I5Sch. 7 para. 6 wholly in force at 1.4.2002; Sch. 7 para. 6 not in force at Royal Assent see s. 154; Sch. 7 para. 6 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 6 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 6 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

[F30 7 (1)Where a person who inspects a school is of the opinion that a school requires significant improvement in relation to its sixth form, the provisions specified in sub-paragraph (2) shall apply, with the necessary modifications, as they apply where he is of the opinion that special measures are required to be taken in relation to the school. E+W

(2)Those provisions are—

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( b)F31 ... [F32 section 34(1) to (6) of the Education Act 2005 ] (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate). ]

Institutions for 16-19 year oldsE+W

8E+WParagraphs 9 to 14 apply to a maintained school (within the meaning given by section 20(7) of the M2School Standards and Framework Act 1998) [F33in Wales] which—

(a)provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b)does not provide full-time education suitable to the requirements of pupils of compulsory school age.

Textual Amendments

Commencement Information

I6Sch. 7 para. 8 wholly in force at 1.4.2002; Sch. 7 para. 8 not in force at Royal Assent see s. 154; Sch. 7 para. 8 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 8 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 8 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

F349E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34Sch. 7 para. 9 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), Sch. 5 para. 10, Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

10(1)This paragraph applies if in the course of an area inspection under F35[F36... section 83 of this Act] the Chief Inspector forms the opinion that—E+W

(a)special measures are required to be taken in relation to a particular school, or

(b)that a particular school [F37requires significant improvement].

(2)The Chief Inspector shall make a report about the school stating his opinion.

(3)The report shall be treated for all purposes of this Schedule and the [F38Part 1 of the Education Act 2005 ] as if it were the report of an inspection of a school under [F39section F40... 28 ] of that Act.

Textual Amendments

F37Words in Sch. 7 para. 10(1)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F38Words in Sch. 7 para. 10(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F39Words in Sch. 7 para. 10(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(b)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I7Sch. 7 para. 10 wholly in force at 1.4.2002; Sch. 7 para. 10 not in force at Royal Assent see s. 154; Sch. 7 para. 10 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 10 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 10 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

11[F41(1)Parts 2 and 3 of this Schedule shall apply— E+W

(a)F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F42 ... if—

(i)a report of an inspection of the school made under Chapter 3 of Part 1 of the Education Act 2005 states in accordance with section 34(7) or 35(5) an opinion that special measures are not required to be taken in relation to the school,

(ii)the report also states in accordance with section 34(6) or 35(4) an opinion that the school requires significant improvement, and

(iii)where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.]

(2)Parts II and III of this Schedule shall also apply in relation to a school if—

[F43(a) a report of an inspection under Chapter F44... 3 of Part 1 of the Education Act 2005 states that special measures are required to be taken in relation to the school or that the school requires significant improvement, ]

(b)the next report of a kind mentioned in paragraph (a) also states an opinion of a kind mentioned in that paragraph, and

(c)F45... each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b).

Textual Amendments

F41Sch. 7 para. 11(1) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(12)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F43Sch. 7 para. 11(2)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(12)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I8Sch. 7 para. 11 wholly in force at 1.4.2002; Sch. 7 para. 11 not in force at Royal Assent see s. 154; Sch. 7 para. 11 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 11 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 11 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

12(1)Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under [F46Chapter F47... 3 of Part 1 of the Education Act 2005 ] or [F48, F47... section 83 ] of this Act states—E+W

(a)that special measures are not required to be taken in relation to the school, or

(b)that the school does not [F49require significant improvement].

(2)Where F50... the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3)Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph F51... 28.

Textual Amendments

F46Words in Sch. 7 para. 12(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(13)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F49Words in Sch. 7 para. 12(1)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(13)(a)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I9Sch. 7 para. 12 wholly in force at 1.4.2002; Sch. 7 para. 12 not in force at Royal Assent see s. 154; Sch. 7 para. 12 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 7 para. 12 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 12 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

F5213E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5314E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 7 para. 14 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(15), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1