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Apprenticeships, Skills, Children and Learning Act 2009

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Point in time view as at 01/09/2012.

Changes to legislation:

Apprenticeships, Skills, Children and Learning Act 2009, Part 10 is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Part 10 E+WSchools

Chapter 1E+WSchools causing concern

Schools causing concern: EnglandE+W

203Powers in relation to schools causing concern: EnglandE+W

Schedule 13 makes provision in relation to schools causing concern in England.

Commencement Information

I1S. 203 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

204Power to require [F1local authorities] in England to obtain advisory servicesE+W

(1)Section 62A of the Education Act 2002 (power of Secretary of State to require [F1local authorities] in England to obtain advisory services) is amended as follows.

(2)After subsection (1) insert—

“(1A)This section also applies where it appears to the Secretary of State that—

(a)a [F2local authority] in England maintain a disproportionate number of low-performing schools, and

(b)the authority—

(i)have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or

(ii)are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.

(1B)In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.

(1C)For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a)the standards that the pupils might in all the circumstances reasonably be expected to attain;

(b)where relevant, the standards previously attained by them;

(c)the standards attained by pupils at comparable schools.”

(3)In subsection (4) after “section” insert—

“ “pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);”.

Textual Amendments

Commencement Information

I2S. 204 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Schools causing concern: WalesE+W

205Powers in relation to schools causing concern: WalesE+W

Schedule 14 makes provision in relation to schools causing concern in Wales.

Commencement Information

I3S. 205 in force at 12.1.2010 for W. by S.I. 2009/3341, art. 2

Chapter 2E+WComplaints: England

F3206Complaints to which this Chapter appliesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3207Power of Local Commissioner to investigate complaintE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3208Time-limit etc for making complaintE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3209Procedure in respect of investigationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3210Investigations: further provisionsE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3211Statements about investigationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3212Adverse findings noticesE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3213Publication of statements etc. by Local CommissionerE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3214Disclosure of informationE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3215Permitted disclosures of information by Local CommissionerE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3216Law of defamationE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3217Consultation with Parliamentary Commissioner for AdministrationE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3218Arrangements etc. to be made by CommissionE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3219Annual reportsE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3220Secretary of State's power of directionE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3221Disapplication of certain powers of Secretary of StateE+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3222Power to amend meaning of “qualifying school”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3223Amendments consequential on Chapter 2E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3224Interpretation of Chapter 2E+W

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Textual Amendments

F3Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

Chapter 3E+WInspections

225Interim statementsE+W

(1)The Education Act 2005 (c. 18) is amended as follows.

(2)After section 10 insert—

“"10AInterim statements between inspections

(1)The Chief Inspector may make a statement (an “interim statement”) about a school in England to which section 5 applies.

(2)An interim statement is a statement—

(a)that the Chief Inspector is of the opinion that it is not necessary for the school to be inspected under section 5 for at least a year after the date on which the statement is made,

(b)setting out the Chief Inspector's reasons for forming that opinion, and

(c)containing such other information (if any) as the Chief Inspector considers appropriate.

(3)The Chief Inspector may arrange for an interim statement to be published in such manner as the Chief Inspector considers appropriate.

(4)Section 151 of the Education and Inspections Act 2006 (publication of inspection reports: privilege and electronic publication) applies in relation to an interim statement as it applies in relation to a report.”

(3)In the italic heading before section 14 after “reports” insert “ and interim statements ”.

(4)After section 14 insert—

“14ADestination of interim statements: maintained schools

(1)The Chief Inspector must ensure that a copy of any interim statement about a maintained school is sent without delay to the appropriate authority for the school.

(2)The Chief Inspector must ensure that copies of the statement are sent—

(a)to the head teacher of the school,

(b)to whichever of the [F2local authority] and the governing body are not the appropriate authority, and

(c)in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority.

(3)If the school provides full-time education suitable to the requirements of pupils over compulsory school age, the Chief Inspector must ensure that a copy of the statement is also sent to the Young People's Learning Agency for England.

(4)The appropriate authority must—

(a)make a copy of any statement sent to the authority under subsection (1) available for inspection by members of the public at such times and at such places as may be reasonable,

(b)provide one copy of the statement free of charge to any person who asks for one, and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the authority as may be prescribed.”

(5)In the italic heading before section 16 after “reports” insert “ and interim statements ”.

(6)After section 16 insert—

“16ADestination of interim statements: non-maintained schools

(1)The Chief Inspector must ensure that a copy of any interim statement about a school other than a maintained school is sent without delay to the proprietor of the school.

(2)In the case of a special school which is not a community or foundation special school, the proprietor must without delay send a copy of any interim statement sent to the proprietor under subsection (1) to any [F2local authority] that are paying fees in respect of the attendance of a registered pupil at the school.

(3)The proprietor of the school must—

(a)make any statement sent to the proprietor under subsection (1) available for inspection by members of the public at such times and at such place as may be reasonable,

(b)provide one copy of the statement free of charge to any person who asks for one, and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the proprietor as may be prescribed.”

(7)In section 18 (interpretation of Chapter) after the definition of “the Chief Inspector” insert—

““interim statement” means an interim statement under section 10A;”.

Textual Amendments

Commencement Information

I4S. 225 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I5S. 225 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

226Powers of persons providing administrative support in connection with inspectionsE+W

(1)Part 2 of Schedule 12 to the Education and Inspections Act 2006 (c. 40) (inspectors etc acting on behalf of Chief Inspector) is amended as follows.

(2)In paragraph 9(1) (delegation of functions), after paragraph (c) insert “or

(d)any inspection administrator,”, (and omit “or” at the end of paragraph (b)).

(3)In paragraph 9(2)(a) for “and 11(4)” substitute “ , 11(4) and 11A(3) ”.

(4)In paragraph 10(1) (inspectors etc to have necessary qualifications, experience and skills), after paragraph (c) insert “or

(d)an inspection administrator,”, (and omit “or” at the end of paragraph (b)).

(5)After paragraph 11 insert—

“11A“Inspection administrators

(1)The Chief Inspector may enter into arrangements with inspection service providers under which they provide the services of persons to provide administrative support in connection with the carrying out of inspections.

(2)A person providing administrative support in pursuance of arrangements under sub-paragraph (1) is to be known as an inspection administrator.

(3)The Chief Inspector may not authorise an inspection administrator to conduct an inspection.”

Commencement Information

I6S. 226 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Chapter 4E+WSchool Support Staff Pay and Conditions: England

The SSSNBE+W

F4227The School Support Staff Negotiating BodyE+W

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Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F4228Matters within SSSNB's remitE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Consideration of matter by SSSNBE+W

F4229Referral of matter to SSSNB for considerationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F4230Consideration of other matters by SSSNBE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Powers of Secretary of State on submission of SSSNB agreementE+W

F4231Agreement submitted by SSSNB under section 229 or 230E+W

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Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Reconsideration by SSSNBE+W

F4232Reconsideration of agreement by SSSNBE+W

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Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F4233SSSNB's submission of agreement following reconsideration: powers of Secretary of StateE+W

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Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Powers of Secretary of State in absence of SSSNB agreementE+W

F4234Powers of Secretary of State in absence of SSSNB agreementE+W

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Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

OrdersE+W

F4235Effect of order ratifying SSSNB agreementE+W

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Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F4236Effect of order making provision otherwise than in terms of SSSNB agreementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F4237Orders: supplementaryE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

GuidanceE+W

F4238GuidanceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

GeneralE+W

F4239Non-statutory School Support Staff Negotiating BodyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F4240“School support staff”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F4241General interpretationE+W

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Textual Amendments

F4Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

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