Journal de la 839ème séance spéciale du Forum
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Her Majesty may by Order in Council appoint a person to the office of Her Majesty’s Chief Inspector of Schools in England (“the Chief Inspector”).
Her Majesty may by Order in Council appoint persons as Her Majesty’s Inspectors of Schools in England.
Any person appointed as one of Her Majesty’s Inspectors of Schools in England is to serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector.
The Chief Inspector holds and vacates office in accordance with the terms of his appointment, but—
must not be appointed for a term of more than five years,
may at any time resign by giving written notice to the Secretary of State, and
may be removed from office by Her Majesty on the ground of incapacity or misconduct.
The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.
Schedule 1 makes further provision about the Chief Inspector and his staff.
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The Chief Inspector has the general duty of keeping the Secretary of State informed about—
the quality of the education provided by schools in England,
how far that education meets the needs of the range of pupils at those schools,
the educational standards achieved in those schools,
the quality of the leadership in and management of those schools, including whether the financial resources made available to those schools are managed efficiently,
the spiritual, moral, social and cultural development of pupils at those schools,
the contribution made by those schools to the well-being of those pupils,
the extent to which those schools are developing rigorous internal procedures of self-evaluation, and
the behaviour and attendance of pupils at those schools.
When asked to do so by the Secretary of State, the Chief Inspector must—
give advice to the Secretary of State on such matters as may be specified in the Secretary of State’s request, and
inspect and report on such school, or class of school, in England as may be so specified.
In addition, the Chief Inspector must keep under review the extent to which any requirement imposed by or under this Part, or any other enactment, on any local education authority, proprietor of a school or governing body in relation to inspections of schools in England is complied with.
The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with schools, or a particular school, in England.
The Chief Inspector is to have such other functions in connection with schools in England, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Secretary of State.
In exercising his functions, the Chief Inspector must have regard to such aspects of government policy as the Secretary of State may direct.
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must make an annual report to the Secretary of State, who must lay a copy of it before each House of Parliament,
may make such other reports to the Secretary of State, with respect to matters which fall within the scope of his functions, as he considers appropriate, and
may arrange for any report made by him under this section to be published in such manner as he considers appropriate.
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For the purposes of the exercise of any function conferred by or under section 2, the Chief Inspector has at all reasonable times, in relation to any school in England—
a right of entry to the premises of the school, and
a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for those purposes.
For the purposes of the exercise of any function conferred by or under section 2, the Chief Inspector has at all reasonable times—
a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in England, any pupils who— are provided with part of their education by any person (“the provider”),
are registered at the school, and
have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
a right of entry to any premises of the provider used in connection with the provision by him of that education, and
a right to inspect and take copies of— which the Chief Inspector requires for those purposes.
any records kept by the provider relating to the provision of that education, and
any other documents containing information so relating,
It is an offence intentionally to obstruct the Chief Inspector—
in the exercise of his functions in relation to the inspection of a school for the purposes of section 2(2)(b), or
in the exercise of any right under subsection (1) or (2) for the purposes of the exercise of any other function.
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
It is the duty of the Chief Inspector—
to inspect under this section every school in England to which this section applies, at such intervals as may be prescribed, and
when the inspection has been completed, to make a report of the inspection in writing.
Subject to subsections (3) and (4A), the schools to which this section applies are—
community, foundation and voluntary schools,
community and foundation special schools,
maintained nursery schools,
Academy schools,
alternative provision Academies,
city technology colleges,
city colleges for the technology of the arts, and
special schools which are not community or foundation special schools but are for the time being approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of special schools).
This section does not apply to any school—
which is a closing school (as defined by subsection (4)), and
in respect of which the Chief Inspector has decided, having regard to the date on which the closure is to take effect, that no useful purpose would be served by the school being inspected under this section.
In subsection (3)(a)a “closing school” means—
any community, foundation or voluntary school, community or foundation special school or maintained nursery school in respect of which proposals to discontinue the school have been approved, adopted or determined under any enactment,
a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 30 of the School Standards and Framework Act 1998 (c. 31),
a community, foundation or voluntary or community or foundation special school in respect of which the Secretary of State has given a direction to discontinue the school under section 17 or 68 of the Education and Inspections Act 2006 ,
an Academy in respect of which notice of termination of Academy arrangements has been given, or
a special school which is not a community or foundation special school but is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 and which the proprietor has decided to close.
Regulations may provide that this section does not apply to prescribed categories of school in prescribed circumstances.
It is the general duty of the Chief Inspector, when conducting an inspection under this section, to report on the quality of education provided in the school.
the quality of the education provided in the school,
how far the education provided in the school meets the needs of the range of pupils at the school,
the educational standards achieved in the school,
the quality of the leadership in and management of the school, including whether the financial resources made available to the school are managed effectively,
the spiritual, moral, social and cultural development of the pupils at the school, and
the contribution made by the school to the well-being of those pupils.
A school to which this section does not apply by virtue of regulations under subsection (4A) is an “exempt school”.
Subsection (1) has effect subject to section 9.
An inspection which is required under this section must not extend to—
denominational education, or
the content of collective worship which falls to be inspected under section 48.
The Chief Inspector's report under subsection (5) must in particular cover—
the achievement of pupils at the school;
the quality of teaching in the school;
the quality of the leadership in and management of the school;
the behaviour and safety of pupils at the school.
In reporting under subsection (5), the Chief Inspector must consider—
the spiritual, moral, social and cultural development of pupils at the school;
the extent to which the education provided at the school meets the needs of the range of pupils at the school, and in particular the needs of—
pupils who have a disability for the purposes of the Equality Act 2010, and
pupils who have special educational needs.
If the appropriate authority for a school ... is notified by, or under arrangements made by, the Chief Inspector that the Chief Inspector is proposing to inspect the school under section 5, the appropriate authority must take such steps as are reasonably practicable to notify— of the time when the inspection is to take place.
the registered parents of registered pupils at the school, and
such other persons as may be prescribed,
Any notification given under subsection (1)(a) must include a statement, in a form approved by the Chief Inspector, inviting the registered parents of registered pupils to inform the Chief Inspector of their views on matters relating to the school.
In subsection (1) “appropriate authority” means—
in relation to a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, the school's governing body or, if the school does not have a delegated budget, the local authority, and
in relation to a school falling within any of paragraphs (d) to (g) of section 5(2), the proprietor of the school.
In conducting an inspection of a school under section 5, the matters to which the Chief Inspector must have regard include any views expressed to him by any of the following persons—
the head teacher,
in the case of a maintained school, the governing body,
in the case of any other school, the proprietor of the school,
any person prescribed for the purposes of section 6(1)(b),
members of the staff of the school,
registered pupils at the school, and
the registered parents of registered pupils.
If requested to do so by the Secretary of State, the Chief Inspector must inspect and report on such school, or class of school, in England as is specified in the request.
The Chief Inspector may inspect any school in England in circumstances where he is not required to do so by section 5 or subsection (1) above.
If the Chief Inspector carries out an inspection of a school under subsection (2) in response to a request from the appropriate authority for the school, the Chief Inspector may charge the appropriate authority for the cost of the inspection.
In subsection (3), “appropriate authority” has the meaning given by section 6(3).
If the Chief Inspector so elects in the case of any inspection under section . . . 8 of a school to which section 5 applies, that inspection is to be treated for the purposes of section 5(1) and of Chapter 2 as if it were an inspection under section 5.
In the case of an inspection of an exempt school under section 8, the Chief Inspector may elect to treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.
In the case of an inspection of an exempt school under section 8(1), the Secretary of State may require the Chief Inspector to treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.
In the case of an inspection of a school under section 8(2) which is carried out in response to a request from the appropriate authority for the school, the Chief Inspector must treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.
In subsection (4), “appropriate authority” has the meaning given by section 6(3).
When inspecting a school under section 5 or 8, the Chief Inspector has at all reasonable times—
a right of entry to the premises of the school,
a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who— are receiving part of their education from any person (“the provider”),
are registered at the school, and
have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
a right of entry to any premises of the provider used in connection with the provision by him of that education,
a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he considers relevant to the discharge of his functions, and
a right to inspect and take copies of— which the Chief Inspector considers relevant to the discharge of his functions.
any records kept by the provider relating to the provision of education for pupils registered at the school, and
any other documents containing information relating to the provision of such education by the provider,
It is an offence intentionally to obstruct the Chief Inspector in relation to the inspection of a school for the purposes of section 5 or 8.
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The Chief Inspector may make a statement (an “interim statement”) about a school in England to which section 5 applies.
An interim statement is a statement—
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,
setting out the Chief Inspector's reasons for forming that opinion, and
containing such other information (if any) as the Chief Inspector considers appropriate.
The Chief Inspector may arrange for an interim statement to be published in such manner as the Chief Inspector considers appropriate.
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.
The Chief Inspector may arrange for any report of an inspection carried out by him under any provision of this Chapter (whether the report is required by any such provision or is otherwise made in pursuance of his functions under that provision) to be published in such manner as he considers appropriate.
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section 3(c), or
subsection (1),
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In this Chapter—
“contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);
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Section 45 of the 1998 Act (maintained schools to have budget shares) is amended as follows. In subsection (1) for “financial year” substitute “funding period”. After subsection (1A) insert— In subsection (2)—
In section 47A of the 1998 Act (schools forums) for subsection (3) substitute—
The Chief Inspector may, with the approval of the Assembly as to numbers and terms and conditions of service, appoint such staff, in addition to inspectors who are members of his staff by virtue of section 19(3), as he thinks fit.
The Chief Inspector is to continue to have an official seal for the authentication of documents required for the purposes of his functions.
The Assembly may make such provision as the Assembly thinks fit for—
the allocation of staff for any tribunal,
the remuneration of members of tribunals and the reimbursement of their expenses,
defraying any reasonable expenses incurred by any tribunal.
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Section 118 of the Learning and Skills Act 2000 (inspection) is amended as follows. For subsection (5) substitute— In subsection (6), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.
Section 128 of the Learning and Skills Act 2000 (conduct and effect of inspections) is amended as follows. For subsection (2) substitute— In subsection (3), for “Section 42A” substitute “ Section 29 ”.
“the four purposes of a curriculum” for the pupils mentioned in paragraph (da) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.
The Chief Inspector may appoint such staff, in addition to inspectors who are members of his staff by virtue of section 1(3), as he thinks fit.
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This paragraph applies to proposals to establish a voluntary aided school which fall to be implemented under paragraph 10. The proposals must be implemented— In sub-paragraph (2) “relevant premises” means— Sub-paragraphs (5) to (7) apply where a local education authority are required, by virtue of sub-paragraph (2)(a), to provide for a school the site specified in a notice under section 66. The authority must transfer their interest in the site and in any buildings on it which are to form part of the school premises— If any doubt or dispute arises as to the persons to whom the authority are required to make a transfer under sub-paragraph (5), it is to be made to such persons as the Secretary of State thinks proper. The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer. Paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (c. 31) (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under sub-paragraph (2)(b) of this paragraph as it applies in relation to the obligations referred to in sub-paragraph (1)(b) of that paragraph. Paragraph 19 of that Schedule (assistance from LEA in respect of voluntary aided schools) applies in relation to the obligation under sub-paragraph (2)(b) of this paragraph as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 19) applies accordingly.
Where any proposals are referred to the adjudicator under paragraph 9, the school organisation committee must also refer to him— where those proposals are not determined before the adjudicator holds an inquiry under paragraph 11(1) and appear to the committee to be related to the proposals referred by them to the adjudicator under paragraph 9. Sub-paragraph (1) applies to any proposals within that sub-paragraph whether or not the proposals have been previously referred to the adjudicator by the committee. References in this paragraph to the determination of any proposals are to—
Proposals approved by the school organisation committee under paragraph 9 or by the adjudicator under paragraph 11 have effect as if they— and had been approved by the school organisation committee or the adjudicator, as the case may be, under paragraph 3 of Schedule 6 to the 1998 Act or, in the case of proposals to establish an Academy, under paragraph 4 of Schedule 10 to this Act.
had been made by the local education authority under their powers to make or invite proposals for the establishment, alteration or discontinuance of schools, or
in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,
Where the Secretary of State gives a direction under paragraph 3(2) or 4(2) in relation to the area of any local education authority, he must send a copy of the direction— Where the school organisation committee or any adjudicator receive a copy of the direction under sub-paragraph (1), the committee or adjudicator must send to the Secretary of State— Where sub-paragraph (2) applies, then unless the Secretary of State gives his consent— in relation to any proposals within sub-paragraph (2) during the period beginning with the relevant time and ending with the time when the Secretary of State notifies the committee or the adjudicator, as the case may be, that they or he may make any such determination or reference in relation to those proposals without the Secretary of State’s consent. The duty of the school organisation committee or any adjudicator to send copies of the proposals to the Secretary of State under sub-paragraph (2) terminates at the end of the period mentioned in sub-paragraph (3). In sub-paragraphs (2) and (3)—
The power conferred on the Agency by section 83 includes power to do anything which appears to them to be incidental to the furtherance of the objectives in section 75(2) or to the exercise of any other function conferred on them by any enactment, including, in particular, power to— The Agency may not borrow money except with the consent of the Secretary of State.
Omit sections 1 to 11 of the Education Act 1994.
Section 26 of the Teaching and Higher Education Act 1998 (which relates to the imposition of conditions as to fees at higher education institutions and is to be repealed by the Higher Education Act 2004 (c. 8)) is amended as follows. In subsection (3)— In subsection (9)— In subsection (11)—
Section 14 of the Education Act 2002 (power of Secretary of State and Assembly to give financial assistance for purposes related to education or childcare) is amended as follows. After subsection (2) insert— In the definition of “education” in subsection (3), after “but” insert “, except in subsection (2ZA)(a),”.
In section 18D of the Race Relations Act 1976 (discrimination by Teacher Training Agency)—
for “Teacher Training Agency” (both in the section and in the heading) substitute “Training and Development Agency for Schools”, and
for “Part 1 of the Education Act 1994” substitute “any enactment”.
For any reference to the Teacher Training Agency in any subordinate legislation or in any other instrument or document there is substituted, as respects any time after the commencement of section 74, a reference to the Training and Development Agency for Schools.
In exercising their functions, the Agency must have regard to the requirements of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995 (c. 50). Sub-paragraph (1) is to cease to have effect on the coming into force in relation to the Agency of section 49A of the Disability Discrimination Act 1995 (which is inserted in that Act by the Disability Discrimination Act 2005 and imposes a similar duty on every public authority).
The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of his functions in relation to a particular case or class of case. Any person assisting the Chief Inspector under any such arrangements is to be known as an additional inspector. Any arrangements which provide for assistance by persons who are not members of the Chief Inspector's staff must be made on terms agreed by him with the Assembly. An additional inspector acting within the authority conferred on him by the Chief Inspector has all the powers of one of Her Majesty's Inspectors of Education and Training in Wales.
Anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector may be done by— who is authorised generally or specially in that behalf by the Chief Inspector. Without prejudice to the generality of sub-paragraph (1), the references to the Chief Inspector in section 23 include references to any person authorised to act on his behalf under sub-paragraph (1).
The Assembly may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals. The regulations may, in particular, make provision—
In Schedule 4 to the Parliamentary Commissioner Act 1967, omit the entry beginning “Registered Inspectors of Schools Appeal Tribunals”.
In section 9 of the Protection of Children Act 1999 (tribunal to hear certain appeals) omit subsection (2)(ca).
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).
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 ”.
Where a local education authority publish any proposals under section 28, 28A, 29 or 31 of the 1998 Act in pursuance of a direction under paragraph 3(2) or 4(2), those proposals require approval under paragraph 3 of Schedule 6 to the 1998 Act, despite anything in paragraph 3(1)(a) or 4 of that Schedule. Proposals made by any person under section 28, 28A, 29 or 31 of the 1998 Act in pursuance of a direction given to that person under paragraph 3(2) or 4(2) may not be withdrawn without the consent of the Secretary of State and such consent may be given on such conditions (if any) as the Secretary of State considers appropriate. Where the governing body of a foundation, voluntary or foundation special school make any proposals in pursuance of a direction given to the governing body under paragraph 3(2)(b) or 4(2)(b), the local education authority must reimburse any expenditure reasonably incurred by the governing body in making the proposals. Where— then, despite anything in Part 3 of Schedule 6 to the 1998 Act, the local education authority must defray the cost of implementing the proposals.
Omit sections 12 to 17 of the Education Act 1994.
In section 28(1) of the Teaching and Higher Education Act 1998 (interpretation of Chapter 1 of Part 2), in the definition of “publicly-funded institution” (which is to be repealed by the Higher Education Act 2004 (c. 8)), for “section 5 of the Education Act 1994” substitute “section 78 or 86 of the Education Act 2005”. In section 28(1) of the 1998 Act, references to an institution in that definition and in the definition of “fees” (which is also to be repealed by the Higher Education Act 2004 (c. 8)) are to be read in accordance with section 26(9) of the 1998 Act as amended by paragraph 19(3)(b) of this Schedule. In sub-paragraph (2), “the 1998 Act” means the Teaching and Higher Education Act 1998 (c. 30).
In section 145 of the Education Act 2002 (specification of qualification or course), in subsections (1)(c) and (3), for “Teacher Training Agency” substitute “Training and Development Agency for Schools”.
The Training and Development Agency for Schools.
Any reference to the Training and Development Agency for Schools in this Act (apart from section 74 and this Schedule) or in any instrument under this Act is to be read, in relation to any time before the commencement of section 74, as a reference to the Teacher Training Agency.
For section 18A of the Education Act 1994 substitute—
In section 19 of the Education Act 1994 (interpretation)—
omit subsections (1) to (4), and
in subsection (5), for “Other expressions, if” substitute “Expressions”.
Omit Schedule 1 to the Education Act 1994.
“inspector” means the person conducting the inspection.
Training and Development Agency for Schools
Section 145B of the Government of Wales Act 1998 (studies at request of educational bodies) is amended as follows. The governing body of an institution in Wales receiving financial support under section 86 of the Education Act 2005 from the Higher Education Funding Council for Wales. The governing body or the Higher Education Funding Council for Wales A training provider (within the meaning of Part 3 of the Education Act 2005) receiving financial support under section 78 of that Act from the Training and Development Agency for Schools, except where that financial support is wholly derived from grants made to the Agency by the Secretary of State. The training provider or the Training and Development Agency for Schools. After subsection (1) insert— In subsection (2), for “Subsection (1) does” substitute “Subsections (1) and (1A) do”. In subsection (3), after “(1)” insert “or (1A)”.
Any member of the Training and Development Agency for Schools in receipt of remuneration.
In section 317 of the Education Act 1996 (duties of governing body or LEA in relation to pupils with special educational needs), for subsections (5) to (7A) substitute—
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In section 444A of the Education Act 1996 (penalty notice in respect of failure to secure attendance at school of registered pupil), in subsection (1), for paragraph (b) substitute—.
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The references in section 23(9) and (10) of the Anti-social Behaviour Act 2003 (c. 38) to section 444A of the Education Act 1996 are to be read as references to that section as amended by paragraph 3 of this Schedule.
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Section 494 of the Education Act 1996 (recoupment: excluded pupils) is amended as follows. In subsections (1), (2) and (3), for “financial year” substitute “funding period”. After subsection (5) insert—
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for “with serious weaknesses” substitute “requiring significant improvement”, and
for paragraph (a) substitute—.
In section 566 of the Education Act 1996 (evidence: documents), after subsection (2) insert—
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for “with serious weaknesses” substitute “requiring significant improvement”, and
for paragraph (a) substitute—.
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omit paragraph (l), and
after paragraph (q) insert—.
“inspection” means an inspection under section 28.
The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so—
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
in particular, for the purpose of determining, in the light of the complaint—
when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and
whether it would be appropriate to carry out an inspection under section 8(2).
A complaint is a qualifying complaint if—
it is about a matter relating to a relevant school and that matter—
falls within a prescribed description, and
does not fall within any prescribed exception,
it is made in writing to the Chief Inspector, and
it is made by a person who satisfies prescribed conditions.
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.
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.
In this section, “ relevant school ” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2).
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.
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—
such information held by them as may be specified or described in the Chief Inspector's request, and
such other information held by them as they consider may be relevant to the investigation.
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 authority who maintain the school must provide him with—
such information held by them as may be specified or described in the Chief Inspector's request, and
such other information held by them as they consider may be relevant to the investigation.
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—
he must give notice to that effect to—
the governing body of the school (unless the school falls within sub-paragraph (ii)), or
if the school is a maintained school which does not have a delegated budget, the local authority who maintain the school, and
on being so notified, the governing body or (as the case may be) the local authority must co-operate with the Chief Inspector in the making of arrangements for the meeting.
In particular, the governing body or (as the case may be) the local authority must if so requested by the Chief Inspector—
allow the meeting to be held on the premises of the school,
fix a date for the meeting which is consistent with any request made by the Chief Inspector for that purpose, and
take such steps as are specified by the Chief Inspector to give— such notice as the Chief Inspector may specify of the date, time and place of the meeting and of its purpose.
the registered parents of registered pupils at the school, and
if the school is a maintained school which has a delegated budget, the local authority who maintain the school,
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 representative of the governing body of the school, and
if the school is a maintained school, a representative of the local authority who maintain the school.
In this section—
This section applies where, for the purposes of an investigation of a qualifying complaint to which section 11B applies the Chief Inspector—
requests information as mentioned in subsection (2) or (3) of that section, or
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.
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.
If the Chief Inspector prepares a report under subsection (2) he must send a copy of the report to—
the governing body of the school (unless the school falls within paragraph (b)), or
if the school is a maintained school which does not have a delegated budget, the local authority who maintain the school.
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.
In this section, “ governing body ” and “ qualifying complaint ” have the same meaning as in section 11B.
If, on completion of a section 5 inspection of a school, the Chief Inspector is of the opinion— he must comply with subsections (2) and (3).
that special measures are required to be taken in relation to the school, or
that the school requires significant improvement,
The Chief Inspector must—
send a draft of the report of the inspection—
in the case of a maintained school, to the governing body, and
in the case of any other school, to the proprietor of the school, and
consider any comments on the draft that are made to him within the prescribed period by the governing body or proprietor, as the case may be.
If, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1)—
he must without delay give a notice in writing, stating that the case falls within paragraph (a) or (b) of subsection (1)—
to the Secretary of State,
in the case of a maintained school, to the local authority, and
in the case of any other school, to the proprietor of the school, and
he must state his opinion in the report of the inspection.
If a report of a section 5 inspection is made in circumstances where— he must state his opinion in the report (whether or not he is required by subsection (3)(b) also to state the opinion that the school requires significant improvement).
in the latest report of an inspection of the school, the Chief Inspector stated that in his opinion special measures were required to be taken in relation to the school, but
the Chief Inspector is of the opinion that special measures are not required to be taken in relation to the school,
If a report of a section 5 inspection is made in circumstances where— he must state his opinion in the report.
in the latest report of an inspection of the school, the Chief Inspector stated that in his opinion the school required significant improvement, but
the Chief Inspector is of the opinion that the school does not require significant improvement and that special measures are not required to be taken in relation to the school,
The Chief Inspector must ensure that a copy of the report of any section 5 inspection of a maintained school is sent without delay to the appropriate authority for the school.
The Chief Inspector must ensure that copies of the report are sent—
to the head teacher of the school,
to whichever of the local authority and the governing body are not the appropriate authority,
in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority, and
in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The appropriate authority must—
make a copy of any report sent to the authority under subsection (1) available for inspection by members of the public at such times and at such place as may be reasonable,
provide a copy of the report, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and
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 report within such period following receipt of the report by the authority as may be prescribed.
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.
The Chief Inspector must ensure that copies of the statement are sent—
to the head teacher of the school,
to whichever of the local authority and the governing body are not the appropriate authority, and
in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The appropriate authority must—
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,
provide one copy of the statement free of charge to any person who asks for one, and
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.
Subsection (2)applies where, in a report of a section 5 inspection of a maintained school, the Chief Inspector stated either—
that in his opinion special measures were required to be taken in relation to the school, or
that in his opinion the school required significant improvement.
The local authority must—
consider what action to take in the light of the report,
consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,
to the person who appoints the foundation governors, and
(if different) to the appropriate appointing authority.
consider whether those arrangements are to include the appointment of a specified person for that purpose,
prepare a written statement—
of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and
of the arrangements they propose to make for the purpose mentioned in paragraph (b), and
send a copy of the statement prepared under paragraph (d) to—
the Chief Inspector,
in the case of a voluntary aided school, the person who appoints the foundation governors and (if different) the appropriate appointing authority, and
such other persons as the Secretary of State may specify.
Subsection (2B) applies where—
the local authority have prepared a statement under subsection (2) in relation to a school,
it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and
no subsequent inspection of the school has been made under section 5.
It is the duty of the local authority to prepare a statement under subsection (2) or (2B) within the period allowed by this subsection, that is— but this subsection does not relieve the local authority of any duty to prepare a statement which has not been performed within that period.
such period as may be prescribed, or
if— such shorter period as the Secretary of State may direct;
the report states that the Chief Inspector is of the opinion that special measures are required to be taken in relation to the school, and
the Secretary of State is of the opinion that the urgency of the case requires a shorter period,
The Secretary of State may by notice require the local authority to—
consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (2)(b),
prepare a written statement—
of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and
of the arrangements they propose to make for the purpose mentioned in subsection (2)(b), and
send a copy of the statement to the Secretary of State and to the persons mentioned in subsection (2)(e)(i) to (iii).
For the purposes of subsections (2A) and (2B) an “interim inspection” is an inspection under section 8 which is not treated as a section 5 inspection by virtue of section 9.
In performing their functions under subsections (2)(a), (b), (c) and (d) and (2B)(a) and (b), the local authority must have regard to any guidance given from time to time by the Secretary of State.
The Chief Inspector must ensure that a copy of the report of any section 5 inspection of a school other than a maintained school is sent without delay to the proprietor of the school.
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 report sent to him under subsection (1) to any local authority that are paying fees in respect of the attendance of a registered pupil at the school.
The proprietor of the school must—
make any report sent to him under subsection (1) available for inspection by members of the public at such times and at such place as may be reasonable,
provide a copy of the report, free of charge or in prescribed cases on payment of such fee as he thinks fit (not exceeding the cost of supply) to any person who asks for one, and
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 report within such period following receipt of the report by the proprietor as may be prescribed.
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.
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 local authority that are paying fees in respect of the attendance of a registered pupil at the school.
The proprietor of the school must—
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,
provide one copy of the statement free of charge to any person who asks for one, and
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.
Subsection (1A) appliesWhere there is sent to the proprietor of a school other than a maintained school a report of a section 5 inspection in which the Chief Inspector states— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that he is of the opinion that special measures are required to be taken in relation to the school, or
that he is of the opinion that the school requires significant improvement,
The proprietor must—
consider what action to take in the light of the report,
consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,
consider whether those arrangements are to include the appointment of a specified person for that purpose, and
prepare a written statement—
of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and
of the arrangements he proposes to make for the purpose mentioned in paragraph (b).
It is the duty of the proprietor of the school to prepare the statement within the period allowed by this subsection, that is— but this subsection does not relieve the proprietor of the school of any duty to prepare a statement which has not been performed within that period.
such period as may be prescribed, or
if— such shorter period as the Secretary of State may direct;
the report states that the Chief Inspector is of the opinion that special measures are required to be taken in relation to the school, and
the Secretary of State is of the opinion that the urgency of the case requires a shorter period,
Subsection (1C) applies where—
the proprietor of a school has prepared a statement under subsection (1A) in relation to the school,
it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and
no subsequent inspection of the school has been made under section 5.
to the Chief Inspector,
in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
The Secretary of State may by notice require the proprietor to—
consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (1A)(b), and
prepare a written statement—
of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and
of the arrangements the proprietor proposes to make for the purpose mentioned in subsection (1A)(b)”.
In the case of a special school which is not a community or foundation special school, the proprietor of the school must, before the end of the prescribed period, send a copy of any such statement prepared by him to any local authority that are paying fees in respect of the attendance of a registered pupil at the school.
For the purposes of subsections (1B) and (1C) an “interim inspection” is an inspection under section 8 which is not treated as a section 5 inspection by virtue of section 9.
In performing his functions under subsections (1A)(a), (b), (c) and (d) and (1C)(a) and (b), the proprietor must have regard to any guidance given from time to time by the Secretary of State.
In this Chapter—
“prescribed” means prescribed by regulations;
“further education institution” means an institution which is—
Section 5 of the Education Act 1996 (primary schools, secondary schools and middle schools) is amended as follows. For subsection (3) substitute— In subsection (5) for the words from the beginning to “subsection” substitute “The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection”.
A person holds and vacates office as a member or as chairman or chief officer of the Agency in accordance with the terms of his appointment and, on ceasing to be a member, is eligible for re-appointment. A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman of the Agency.
in the case of a statement under subsection (1C), to the Secretary of State,
In section 529 of the Education Act 1996 (power to accept gifts on trust for educational purposes), in subsection (2), for the words from “section 28” to the end substitute “sections 28 and 28A of the School Standards and Framework Act 1998 and section 66 of the Education Act 2005 as an intention to establish a new community school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 6 to the School Standards and Framework Act 1998 or Schedule 10 to the Education Act 2005 (which relate to statutory proposals) shall apply accordingly”.
If the Secretary of State is satisfied that a member of the Agency— the Secretary of State may by notice in writing to the member remove him from office and thereupon the office becomes vacant.
has been absent from meetings of the Agency for a period longer than six consecutive months without the permission of the Agency, or
is unable or unfit to discharge the functions of a member,
In section 530 of the Education Act 1996 (compulsory purchase of land), in subsection (1)(c), for “section 70 of the Education Act 2002” substitute “section 66 of the Education Act 2005”.
relevant upper age (in relation to a middle school) section 5(3)(b)
In Schedule 35A to the Education Act 1996 (Academies: land), paragraph 1 is amended as follows. In sub-paragraph (2)(b), for “section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education)” substitute “section 66 of the Education Act 2005 (proposals for new secondary schools)”. In sub-paragraph (3)(d), for “section 70 of the Education Act 2002” substitute “section 66 of the Education Act 2005”.
in relation to England, regulations made by the Secretary of State, and
In section 129 of the Education Act 2002 (transfer of employment), in subsection (1)(a) after “section 28” insert “, 28A”.
“prescribed” means prescribed by regulations;
sections 108 and 109 (supply of information: education maintenance allowances), section 124, so far as relating to those sections, and the other provisions of this Part except sections 119, 122 and 123.
Her Majesty may by Order in Council appoint a person to the office of Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru (“the Chief Inspector”).
Her Majesty may by Order in Council appoint persons as Her Majesty's Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
Any person appointed as one of Her Majesty's Inspectors of Education and Training in Wales is to serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector.
The Chief Inspector holds and vacates office in accordance with the terms of his appointment, but—
must not be appointed for a term of more than five years,
may at any time resign by giving written notice to the Assembly, and
may be removed from office by Her Majesty on the ground of incapacity or misconduct.
The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.
If the Assembly considers that any of the powers conferred by subsection (1), (2) and (4)(c) ought to be exercised, the Assembly must advise the Secretary of State on any recommendation to be made to Her Majesty as to the exercise of the power.
The terms of a person's appointment under subsection (2) are to be determined by the Chief Inspector with the approval of the Assembly.
Schedule 2 makes further provision about the Chief Inspector and his staff.
The Chief Inspector has the general duty of keeping the Assembly informed about—
the quality of the education provided by schools in Wales,
how far that education meets the needs of the range of pupils at those schools,
the educational standards achieved in those schools,
the quality of the leadership in and management of those schools, including whether the financial resources made available to those schools are managed efficiently,
the spiritual, moral, social and cultural development of pupils at those schools, and
the development of pupils at maintained schools (except those over compulsory school age) by reference to the four purposes of a curriculum for those pupils,
the contribution made by those schools to the well-being of those pupils.
actions taken at maintained schools to promote healthy eating and drinking.
In subsection (1)(da)—
When asked to do so by the Assembly, the Chief Inspector must—
give advice to the Assembly on such matters as may be specified in the Assembly's request, and
inspect and report on such school, or class of school, in Wales as may be so specified.
In addition, the Chief Inspector has the following specific duties—
establishing and maintaining the register mentioned in section 25(1);
giving guidance to inspectors registered in that register, and such other persons as he considers appropriate, in connection with inspections of schools in Wales under section 28 and the making of reports of such inspections;
keeping under review the system of inspecting schools under that section and, in particular, the standard of such inspections and of the reports made by registered inspectors;
keeping under review the extent to which any requirement imposed by or under this Part, or any other enactment, on any registered inspector, local authority, proprietor of a school or governing body in relation to inspections of schools in Wales is complied with;
promoting efficiency in the conduct and reporting of inspections of schools in Wales by encouraging competition in the provision of services by registered inspectors.
The Chief Inspector may at any time give advice to the Assembly on any matter connected with schools, or a particular school, in Wales.
The Chief Inspector is to have such other functions in connection with schools in Wales, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Assembly.
In exercising his functions, the Chief Inspector must have regard to such aspects of policy adopted or formulated by the Assembly as the Assembly may direct.
This section does not apply in relation to education to which the functions of the Chief Inspector under Part 2 of the Tertiary Education and Research (Wales) Act 2022 apply.
The Chief Inspector—
must make an annual report to the Assembly,
may make such other reports to the Assembly, with respect to matters which fall within the scope of his functions, as he considers appropriate, and
may arrange for any report made by him under this section to be published in such manner as he considers appropriate.
The Assembly must publish any report that is made to it under subsection (1)(a).
The Assembly may by regulations—
establish a panel for the purpose of providing advice to the Assembly on matters relating to the functions that are at any time exercisable by the Chief Inspector under this Part or any other enactment, and
make provision as to the functions of the panel.
The regulations may in particular—
make provision about the appointment of members of the panel,
make provision for remuneration and allowances to be paid to members of the panel,
require the panel and the Chief Inspector to co-operate with each other,
require the panel to make reports to the Assembly.
For the purposes of the exercise of any function conferred by or under section 20, the Chief Inspector has at all reasonable times, in relation to any school in Wales—
a right of entry to the premises of the school, and
a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for those purposes.
For the purposes of the exercise of any function conferred by or under section 20, the Chief Inspector has at all reasonable times—
a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in Wales, any pupils who— are provided with part of their education by any person (“the provider”),
are registered at the school, and
have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
a right of entry to any premises of the provider used in connection with the provision by him of that education, and
a right to inspect and take copies of— which the Chief Inspector requires for those purposes.
any records kept by the provider relating to the provision of that education, and
any other documents containing information so relating,
It is an offence intentionally to obstruct the Chief Inspector—
in the exercise of his functions in relation to the inspection of a school for the purposes of section 20(2)(b), or
in the exercise of any right under subsection (1) or (2) for the purposes of the exercise of any other function.
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The Chief Inspector may cause any school in Wales to be inspected by one or more of Her Majesty's Inspectors of Education and Training in Wales (in this section referred to as “Inspectors”).
Where an inspection of a school in Wales is being conducted by a registered inspector under section 28, the Chief Inspector may arrange for that inspection to be monitored by one or more Inspectors.
An Inspector inspecting a school, or monitoring an inspection, under this section has at all reasonable times—
a right of entry to the premises of the school,
a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who— are receiving part of their education from any person (“the provider”),
are registered at the school, and
have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
a right of entry to any premises of the provider used in connection with the provision by him of that education,
a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he considers relevant to the discharge of his functions, and
a right to inspect and take copies of— which the Inspector considers relevant to the discharge of his functions.
any records kept by the provider relating to the provision of education for pupils registered at the school, and
any other documents containing information relating to the provision of such education by the provider,
It is an offence intentionally to obstruct any Inspector in the exercise of any of his functions under this section.
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
An inspection of a school conducted under subsection (1) may not extend to any education of a kind to which the functions of the Chief Inspector under Part 2 of the Tertiary Education and Research (Wales) Act 2022 apply that is provided by the school.
No person may conduct an inspection of any school in Wales under section 28 unless—
he is a member of the Inspectorate, or
he is registered as an inspector in a register kept by the Chief Inspector for the purposes of this Chapter.
The Chief Inspector may not register a person under this section unless, having regard to any conditions that he proposes to impose under subsection (4)(c), it appears to him that that person— and no person may be so registered if he falls within a category of persons prescribed for the purposes of this subsection.
is a fit and proper person for discharging the functions of a registered inspector, and
will be capable of conducting inspections under this Chapter competently and effectively,
An application for registration under this section—
must be made in such manner, and be accompanied by such particulars, as the Chief Inspector may direct, and
must be accompanied by the prescribed fee.
On an application duly made under this section the Chief Inspector may—
register the applicant,
refuse to register him, or
register him subject to such conditions as the Chief Inspector considers it appropriate to impose.
The matters to which the Chief Inspector may have regard in deciding whether to register the applicant include, in particular—
the extent to which the Chief Inspector proposes to exercise his discretion under subsection (1) of section 28 to secure that inspections under that section are conducted by members of the Inspectorate rather than registered inspectors, and
the extent to which there is a need for registered inspectors in Wales.
Conditions under subsection (4)(c) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.
Where a person is registered subject to conditions imposed under subsection (4)(c), he is to be taken to be authorised to act as a registered inspector only so far as those conditions permit.
The period for which any registration is to have effect is to be determined by the Chief Inspector and must be entered in the register kept by him.
Nothing in subsection (8) is to be taken as preventing a registered inspector from applying for a fresh registration to take effect immediately on the expiry of his current registration.
If the Chief Inspector is satisfied that any of the conditions mentioned in subsection (2) is satisfied with respect to an inspector registered in the register, he may remove the name of that inspector from the register.
The conditions are that—
he is no longer a fit and proper person for discharging the functions of a registered inspector under this Chapter;
he is no longer capable of conducting inspections under this Chapter competently and effectively;
there has been a significant failure on his part to comply with any condition imposed under section 25(4)(c) and subject to which his registration has effect;
he has, without reasonable explanation, produced a report of an inspection which is, in whole or in part, seriously misleading.
If the Chief Inspector is satisfied— he may vary any condition subject to which the registration of that inspector has effect or vary that registration by imposing a condition subject to which it will have effect.
that he is authorised by subsection (2) to remove the name of an inspector from the register, or
that it would otherwise be in the public interest to act under this subsection,
Any person who is aggrieved by— may appeal against the Chief Inspector's decision to a tribunal constituted in accordance with Schedule 3.
the refusal of the Chief Inspector to renew his registration under section 25,
the imposition or variation of any condition subject to which he is registered under that section, or
the removal of his name from the register under section 26,
Where— the tribunal must confirm the decision to refuse renewal.
a decision to refuse to renew a person's registration under section 25 is expressed to be based on the ground—
that there is a reduced need for registered inspectors in Wales, or
that there is no longer any need for registered inspectors in Wales, and
the tribunal is satisfied that the decision was based on one of those grounds,
No decision of the Chief Inspector falling within (1)(b) or (c) is to have effect until—
the disposal of any appeal against the decision which is duly made under this section, or
the period within which an appeal may be made has expired without an appeal having been made.
Subsection (3) does not apply where the Chief Inspector—
is satisfied that the circumstances of the case justify the decision in question taking effect immediately, or earlier than would otherwise be the case, and
notifies the person concerned to that effect.
On determining any appeal under this section, the tribunal may—
confirm, reverse or vary the decision appealed against, or
remit the case to the Chief Inspector with directions as to the action to be taken by him.
Schedule 3 makes further provision with respect to tribunals constituted to hear appeals under this section.
It is the duty of the Chief Inspector to secure that every school in Wales to which this section applies is inspected under this section, at such intervals as may be prescribed, by an inspector registered under section 25 or by a member of the Inspectorate.
Subject to subsection (3), the schools to which this section applies are—
community, foundation and voluntary schools,
community ... special schools,
maintained nursery schools, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section does not apply to any school—
which is a closing school (as defined by subsection (4)), and
in respect of which the Chief Inspector has decided, having regard to the date on which the closure is to take effect, that no useful purpose would be served by the school being inspected under this section.
In subsection (3)(a) a “closing school” means—
any community, foundation or voluntary school, community ... special school or maintained nursery school in respect of which proposals to discontinue the school have been approved, adopted , confirmed or determined under any enactment,
a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 80 of the School Standards and Organisation (Wales) Act 2013,
a community, foundation or voluntary or community ... special school in respect of which the Assembly has given a direction to discontinue the school under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It is the general duty of any inspector conducting an inspection under this section to report on—
the quality of the education provided in the school,
how far the education provided in the school meets the needs of the range of pupils at the school,
the educational standards achieved in the school,
the quality of the leadership in and management of the school, including whether the financial resources made available to the school are managed effectively,
the development of the pupils at the school (except those over compulsory school age) by reference to the four purposes of a curriculum for those pupils,
the spiritual, moral, social and cultural development of the pupils at the school, and
the contribution made by the school to the well-being of those pupils.
The duty to report on the matters mentioned in subsection (5)(da) does not apply in the case of an inspection conducted at a community special school established in a hospital.
Subsection (1) has effect subject to section 32.
In subsection (5)(da), “the four purposes of a curriculum” for the pupils mentioned in paragraph (da) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.
An inspection which is required under this section must not extend to—
denominational education,
education to which the functions of the Chief Inspector under Part 2 of the Tertiary Education and Research (Wales) Act 2022 apply, or
the content of collective worship which falls to be inspected under section 50.
Schedule 4 makes further provision with respect to inspections under this section.
The Chief Inspector may, in the case of— arrange for the report to be published in such manner as the Chief Inspector considers appropriate.
any report by a member of the Inspectorate of an inspection carried out by him under any provision of this Chapter (whether the report is required by any such provision or is otherwise made in pursuance of his functions under that provision), or
any report of an inspection under section 28 made by a registered inspector,
Without prejudice to the generality of— the Chief Inspector may arrange for a report to which that provision applies to be published by electronic means.
section 21(1)(c), or
subsection (1),
For the purposes of the law of defamation any report published by the Chief Inspector under either of those provisions is privileged unless the publication is shown to have been made with malice.
Subsection (3) does not limit any privilege subsisting apart from that subsection.
Any sums received by the Chief Inspector under— must be paid into the Consolidated Fund.
section 25(3)(b), or
paragraph 4(3) or 5(2) of Schedule 4,
Subsection (1) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (c. 38) (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector).
In this Chapter—
“relevant school” means—
“relevant person” means a person who—
Section 37 of the 2002 Act (payments in respect of dismissal etc.) is amended as follows. In subsection (4), for “financial years” substitute “funding periods”. In subsections (5) and (8), for “financial year” substitute “funding period”. For subsection (12) substitute—
a community or foundation special school,
It is the duty of the Agency— The statement of accounts must comply with any directions given by the Secretary of State as to— and must contain such additional information as the Secretary of State may require to be provided for the information of Parliament. The Comptroller and Auditor General must examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament. In this paragraph “financial year” means each period of twelve months beginning with 1st April.
In Schedule 1 to the Superannuation Act 1972 (which lists the kinds of employment etc. referred to in section 1 of that Act), for “Teacher Training Agency” substitute “Training and Development Agency for Schools”.
Section 47 of the 1998 Act (determination of school’s budget share) is amended as follows. In subsection (1)— In subsection (2)— After subsection (2) insert—
The Training and Development Agency for Schools. The agency. A training provider (within the meaning of Part 3 of the Education Act 2005) receiving financial support under section 78 of that Act from the Training and Development Agency for Schools, except where that financial support is wholly derived from grants made to the agency by the National Assembly for Wales. The training provider or the agency.
The Training and Development Agency for Schools.
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.
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 ”.
In section 578(1) (meaning of “the Education Acts”) omit “the School Inspections Act 1996”.
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 ”.
For the purposes of this Chapter any reference to a condition imposed under section 25(4)(c) includes a reference to a condition imposed under section 26(3).
If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 20(2)(b) or 24(1), that inspection is to be treated for the purposes of the relevant provisions as if it were an inspection under section 28.
In subsection (1) “the relevant provisions” means sections 28(1) and (5) and 35 and—
(in the case of an inspection of a maintained school) sections 38 to 40, and
(in the case of an inspection of a school other than a maintained school), sections 41 and 42.
Where a section 28 inspection by a registered inspector or a member of the Inspectorate has been completed, the inspector must make in writing a report of the inspection and a summary of the report.
Where a section 28 inspection was conducted by a registered inspector and he is of the opinion— he must submit a draft of the report of the inspection to the Chief Inspector.
that special measures are required to be taken in relation to the school, or
that the school requires significant improvement,
If the Chief Inspector so requests, an inspector who has submitted a draft under subsection (1) must provide the Chief Inspector with such further information as the Chief Inspector may specify.
The Chief Inspector must inform an inspector who has submitted a draft under subsection (1) whether he agrees or disagrees with the inspector's opinion.
Where— the inspector may not make a report stating that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by subsection (6)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this subsection.
the Chief Inspector informs the inspector that he disagrees with the inspector's opinion, but
the inspector remains of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement,
Where a subsequent draft is submitted under subsection (4), the Chief Inspector must inform the inspector whether he agrees or disagrees with the inspector's opinion.
A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement must—
state his opinion, and
state whether the Chief Inspector agrees or disagrees with his opinion.
If a report of an inspection of a school by a registered inspector is made in circumstances where— the registered inspector must state his opinion in the report (whether or not he is required by subsection (6) also to state the opinion that the school requires significant improvement).
he is of the opinion that special measures are not required to be taken in relation to the school, but
in the latest report of an inspection of the school the person making the report stated that in his opinion such measures were required to be taken and either—
that person was a member of the Inspectorate, or
the report stated that the Chief Inspector agreed with his opinion,
If a report of an inspection of a school by a registered inspector is made in circumstances where— the registered inspector must state his opinion in the report.
he is of the opinion that the school does not require significant improvement and that special measures are not required to be taken in relation to the school, but
in the latest report of an inspection of the school the person making the report stated that in his opinion the school did require significant improvement and either—
that person was a member of the Inspectorate, or
the report stated that the Chief Inspector agreed with his opinion,
Where on the completion of any inspection of a school under section 20(2)(b) or 24(1) by a member of the Inspectorate, that person is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement, he must—
prepare in writing a report of the inspection and a summary of the report, and
state his opinion in the report.
If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where— the member of the Inspectorate must prepare a report of the inspection and a summary of the report and state his opinion in the report (whether or not he is required by subsection (1)(b) also to state the opinion that the school requires significant improvement).
he is of the opinion that special measures are not required to be taken in relation to the school, but
in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken in relation to the school and either—
that person was a member of the Inspectorate, or
the report stated that the Chief Inspector agreed with his opinion,
If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where— the member of the Inspectorate must prepare a report of the inspection and a summary of the report and state his opinion in the report.
he is of the opinion that the school does not require significant improvement and that special measures are not required to be taken in relation to the school, but
in the latest report of an inspection of the school, the person making the report stated that in his opinion the school did require significant improvement and either—
that person was a member of the Inspectorate, or
the report stated that the Chief Inspector agreed with his opinion,
A report of a section 28 inspection of a school by a member of the Inspectorate must, if he is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement, state his opinion.
If a report of a section 28 inspection of a school by a member of the Inspectorate is made in circumstances where— the member of the Inspectorate must state his opinion in the report (whether or not he is required by subsection (4) also to state the opinion that the school requires significant improvement).
he is of the opinion that special measures are not required to be taken in relation to the school, but
in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either—
that person was a member of the Inspectorate, or
the report stated that the Chief Inspector agreed with his opinion,
If a report of a section 28 inspection of a school by a member of the Inspectorate is made in circumstances where— the member of the Inspectorate must state his opinion in the report.
he is of the opinion that the school does not require significant improvement and that special measures are not required to be taken in relation to the school, but
in the latest report of an inspection of the school, the person making the report stated that in his opinion the school did require significant improvement and either—
that person was a member of the Inspectorate, or
the report stated that the Chief Inspector agreed with his opinion,
The carrying out of a section 28 inspection must be completed by the time allowed under subsection (2), and the making of the report required by section 33 must be completed within the period allowed under that subsection.
The time, and the period, allowed are such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.
In the case of an inspection of a maintained school, the Chief Inspector must give notice of any extension under subsection (2) to—
the inspector,
the local authority in the case of a maintained school, and
the governing body.
In the case of an inspection of a school falling within section 28(2)(d), the Chief Inspector must give notice of any extension under subsection (2) to—
the inspector,
the proprietor of the school, and
the Assembly.
This section does not apply to a section 28 inspection carried out by a member of the Inspectorate.
Subsection (2) applies in relation to a maintained school where—
following an inspection of the school under Chapter 3 by a member of the Inspectorate, that member has informed the Chief Inspector of his opinion—
that special measures are required to be taken in relation to the school, or
that the school requires significant improvement, or
the Chief Inspector agrees with the opinion of a registered inspector, expressed in a draft report submitted to the Chief Inspector under section 34(1)—
that special measures are required to be taken in relation to the school, or
that the school requires significant improvement.
Where this subsection applies, the Chief Inspector must without delay give the Assembly and the local authority notice in writing stating that the case falls within paragraph (a) or (b) of subsection (1).
In the case of a report of a section 28 inspection of a maintained school, the person making the report must without delay send a copy of the report together with a summary of it to the appropriate authority for the school.
In a case where— the member of the Inspectorate must send a copy of the report together with the summary of it to the appropriate authority for the school.
a report of an inspection of a maintained school is made by a member of the Inspectorate, and
he is required by section 35 to state in the report that he is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement,
In any case, copies of the report and summary referred to in subsection (1) or (2) must be sent by the person who made the report—
to the Chief Inspector (unless the report was made by a member of the Inspectorate),
to the head teacher of the school,
to whichever of the local authority and the governing body are not the appropriate authority,
in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority, and
in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
The appropriate authority must—
make a copy of any report and summary sent to the authority under subsection (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,
provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and
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 summary within such period following receipt of the report by the authority as may be prescribed.
Subsection (6) applies to a report of an inspection of a maintained school if—
the inspection was a section 28 inspection or was carried out by a member of the Inspectorate, and
the school provides full-time education suitable to the requirements of pupils over compulsory school age.
The person making the report must send a copy (together with a copy of the summary, if there is one) to the Assembly .
Where there is sent to the appropriate authority for a maintained school either— the appropriate authority must prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
a report of a section 28 inspection of the school, or
a report of an inspection of the school by a member of the Inspectorate in which that person is required by section 35(1)(b) to state that he is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement,
It is the duty of the appropriate authority to prepare the statement within the period allowed by this subsection, that is— but this subsection does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.
such period as may be prescribed, or
if— such shorter period as the Assembly may direct;
the report states that the person making it is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement, and
either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, and
the Assembly is of the opinion that the urgency of the case requires a shorter period,
Subject to subsection (4), where such a statement has been prepared by the appropriate authority, they must, before the end of the prescribed period, send copies of it—
to the Chief Inspector,
to whichever of the governing body and the local authority are not the appropriate authority, and
in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
Where the report in question is a report of a section 28 inspection of a school, subsection (3)(a) does not require a copy of the statement to be sent to the Chief Inspector unless the report states that the person making it is of the opinion—
that special measures are required to be taken in relation to the school, or
that the school requires significant improvement.
If in the case of a maintained school— the appropriate authority must, before the end of the prescribed period, send a copy of the statement to the Assembly.
the statement is prepared in response to a report of an inspection of the school in which the person who made the report states that in his opinion special measures are required to be taken in relation to the school or that the school requires significant improvement, and
either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion,
In the case of a school having foundation governors, the appropriate authority must also send a copy of the statement to the person who appoints them and (if different) to the appropriate appointing authority.
The appropriate authority must—
make any statement prepared by them under this section available for inspection by members of the public, at such times and at such place as may be reasonable,
provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and
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 as soon as is reasonably practicable.
The duty under subsection (7)(c) is to be taken to be satisfied by the appropriate authority if they—
take such steps as are reasonably practicable to secure that every registered parent of a pupil at the school receives, as soon as is reasonably practicable, a copy of a document prepared by them which—
summarises the statement, and
contains a statement of the right to request a copy of it under paragraph (b), and
provide a copy of the statement to every registered parent of a registered pupil at the school who asks for one.
Where the governing body of a school have prepared a statement under this section, they must in the report under section 30 of the Education Act 2002 (c. 32) (governors' reports) state the extent to which the proposals set out in the statement (or, if there is more than one, the most recent statement) have been carried into effect.
This section applies in circumstances where—
in a report of an inspection of a maintained school the governing body of which have a delegated budget, the person who made the report stated that in his opinion—
special measures were required to be taken in relation to the school, or
the school required significant improvement, and
either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion, and
either—
the local authority have received a copy of a statement prepared under section 39 in response to the report, or
the period prescribed for the purposes of subsection (3) of that section has expired.
The local authority must—
prepare a written statement of any action they propose to take in the light of the report, and the period within which they propose to take such action, or, if they do not propose to take any such action, of their reasons for not doing so, and
send a copy of the statement prepared under paragraph (a), together with their comments on any statement prepared under section 39 of which they have received a copy, to the Assembly and the Chief Inspector and, in the case of a voluntary aided school—
to the person who appoints the foundation governors, and
(if different) to the appropriate appointing authority.
It is the duty of the local authority to prepare the statement within the period allowed by this subsection, that is— but this subsection does not relieve the local authority of any duty to prepare a statement which has not been performed within that period.
such period as may be prescribed, or
if the Assembly is of the opinion that the urgency of the case requires a shorter period, such shorter period as the Assembly may direct;
In the case of a report of a section 28 inspection of a school other than a maintained school, the person making the report must without delay—
send a copy of the report together with the summary of it—
to the proprietor of the school, and
(unless the person making it is a member of the Inspectorate) to the Chief Inspector, and
if the report states that the person making it is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement and either— send a copy of the report and summary to the Assembly.
that person is a member of the Inspectorate, or
the report states that the Chief Inspector agrees with his opinion,
In a case where— he must send a copy of the report together with the summary of it to the proprietor of the school and to the Assembly.
a report of an inspection of a school other than a maintained school is made by a member of the Inspectorate, and
he is required by section 35(1)(b) to state in the report that he is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement,
In the case of a special school which is not a community ... special school, the proprietor of the school must without delay send a copy of any report and summary sent to him under subsection (1) or (2) to any local authority that are paying fees in respect of the attendance of a registered pupil at the school.
The proprietor of the school must—
make any report and summary sent to him under subsection (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,
provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as he thinks fit (not exceeding the cost of supply) to any person who asks for one, and
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 summary within such period following receipt of the report by the authority as may be prescribed.
Where there is sent to the proprietor of a school other than a maintained school— the proprietor of the school must prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.
a report of a section 28 inspection of the school, or
a report of an inspection of the school made by a member of the Inspectorate in which that person is required by section 35(1)(b) to state that he is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement,
It is the duty of the proprietor to prepare the statement within the period allowed by this subsection, that is— but this subsection does not relieve the proprietor of the school of any duty to prepare a statement which has not been performed within that period.
such period as may be prescribed, or
if— such shorter period as the Assembly may direct;
the report states that the person making it is of the opinion that special measures are required to be taken in relation to the school or that the school requires significant improvement, and
either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, and
the Assembly is of the opinion that the urgency of the case requires a shorter period,
Where such a statement has been prepared by the proprietor of the school, he must, before the end of the prescribed period, send copies of it—
to the Chief Inspector,
to the Assembly, and
in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
In the case of a special school which is not a community ... special school, the proprietor of the school must, before the end of the prescribed period, send a copy of any such statement prepared by him to any local authority that is paying fees in respect of the attendance of a registered pupil at the school.
The proprietor of the school must—
make any statement prepared by him under this section available for inspection by members of the public, at such times and at such place as may be reasonable,
provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as he thinks fit (not exceeding the cost of supply) to any person who asks for one, and
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 as soon as is reasonably practicable.
The duty under subsection (5)(c) is to be taken to be satisfied by the proprietor of the school if he—
takes such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives, as soon as is reasonably practicable, a copy of a document prepared by the proprietor which—
summarises the statement, and
contains a statement of the right to request a copy of it under paragraph (b), and
provides a copy of the statement to every registered parent of a registered pupil at the school who asks for one.
In this Chapter—
“maintained school” does not include a community special school established in a hospital, and
The Chief Inspector is to continue to have an official seal for the authentication of documents required for the purposes of his functions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where proposals to establish an Academy published under section 66 are implemented by the Secretary of State making an agreement under section 482 of the Education Act 1996 (c. 56), subsection (3) of that section (requirement to consult certain LEAs about the establishment of the school) does not apply.
This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools— is excessive. For the purpose of remedying the excess, the Secretary of State may— A direction under sub-paragraph (2) must— A direction under sub-paragraph (2)(a) may not require the proposals to relate to any named school. Where any proposals under the 1998 Act are published in pursuance of a direction under sub-paragraph (2), the body concerned must (in addition to complying with section 28(6), 28A(6), 29(5) or 31(5) of the 1998 Act) send— to the Secretary of State. Where a notice under section 66 is published in pursuance of a direction under sub-paragraph (2), the local education authority concerned must send— to the Secretary of State.
An inspection must be carried out within such period as may be prescribed. When an inspection has been completed, the inspector must, before the end of the period prescribed for the purposes of this sub-paragraph, prepare in writing a report of the inspection and a summary of the report. The inspector must, without delay, send the report and summary to the governing body for the school concerned. The governing body must—
“the school workforce” and “member of the school workforce” are to be read in accordance with section 75(5);
For the purposes of this Part, special measures are required to be taken in relation to a school if—
the school is failing to give its pupils an acceptable standard of education, and
the persons responsible for leading, managing or governing the school are not demonstrating the capacity to secure the necessary improvement in the school.
For the purposes of this Part, a school requires significant improvement if, although not falling within subsection (1), it is performing significantly less well than it might in all the circumstances reasonably be expected to perform.
Sections 44B to 44D apply to a maintained school in Wales which—
provides full-time education suitable to the requirements of pupils over compulsory school age, and
provides full-time education suitable to the requirements of pupils of compulsory school age.
For the purposes of those sections a school requires significant improvement in relation to its sixth form if—
the school is failing to give its pupils over compulsory school age an acceptable standard of education, or
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.
Where a person inspecting a school under Chapter 3 is of the opinion that the school requires significant improvement in relation to its sixth form, the provisions specified in subsection (2) apply (with the necessary modifications) as they apply where the person is of the opinion that special measures are required to be taken in relation to the school.
Those provisions are section 34(1) to (6) (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate).
This section applies if in the course of an area inspection under section 63 of the Tertiary Education and Research (Wales) Act 2022 the Chief Inspector forms the opinion that a school requires significant improvement in relation to its sixth form.
The Chief Inspector must make a report about the school stating that opinion.
The report is to be treated for the purposes of this Part as if it were a report of an inspection of the school under section 28.
This section applies to a report of an inspection under Chapter 3 which—
states an opinion that a school requires significant improvement in relation to its sixth form, and
is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion.
The person making the report must send a copy (together with a copy of the summary, if there is one)—
to the Welsh Ministers, and
if the person making the report is a member of the Inspectorate, to the appropriate authority for the school.
The following provisions apply (with the necessary modifications) in relation to a report to which this section applies—
section 38(3) (additional copies),
section 38(4) (publication by appropriate authority),
section 39 (action plan by appropriate authority), and
where the local 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 authority).
In the application of those provisions—
a reference to a report and summary is to be taken as a reference to a report and, if there is one, its summary, and
a reference to a summary alone is to be taken, in a case where there is no summary, as a reference to the report.
This section applies if in the course of an area inspection under section 63 of the Tertiary Education and Research (Wales) Act 2022 the Chief Inspector forms the opinion that—
special measures are required to be taken in relation to a sixth form school, or
that a sixth form school requires significant improvement.
The Chief Inspector must make a report about the school stating that opinion.
The report is to be treated for the purpose of this Part as if it were a report of an inspection of the school under section 28.
A “sixth form school” is a maintained school which—
provides full-time education suitable to the requirements of pupils over compulsory school age, and
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
In sections 44A to 44E—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is required by section 80(1)(a) or 101(1)(a) of the Education Act 2002 (c. 32) to be included in the school's basic curriculum, but
In this Part “denominational education”, in relation to a school in England, means religious education which—
is not required by any enactment to be given in accordance with an agreed syllabus.
In this Part, “denominational education”, in relation to a school in Wales, means teaching and learning in respect of Religion, Values and Ethics, which is provided—
under paragraph 7(3) or paragraph 8(4) of Schedule 1 to the Curriculum and Assessment (Wales) Act 2021, or
under section 61 of that Act, and in accordance with—
any provisions of the school’s trust deed that relate to teaching and learning in respect of the mandatory element of Religion, Values and Ethics, or
the tenets of the religion or religious denomination specified in relation to the school in an order under section 68A of the School Standards and Framework Act 1998.
It is the duty of the governing body of any voluntary or foundation school in England which has been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character to secure that— are inspected under this section.
any denominational education given to pupils, and
the content of the school's collective worship,
An inspection under this section is to be conducted by a person chosen—
in the case of a voluntary controlled school, by the foundation governors after consultation with any person prescribed for the purposes of this subsection in relation to the religion or religious denomination that is specified in relation to the school under section 69(4) of the School Standards and Framework Act 1998, and
in any other case, by the governing body after consultation with any person so prescribed.
Inspections under this section must be carried out at such intervals as may be prescribed.
It is the general duty of a person conducting an inspection under this section— and any such person may report on the spiritual, moral, social and cultural development of pupils at the school.
to report on the quality of the denominational education provided by the school for any pupils to whom denominational education is given by the school, and
to report on the content of the school's collective worship,
A person conducting an inspection under this section may do so with the assistance of such other persons chosen by him as are in his opinion fit and proper persons for carrying out the inspection.
In this section and section 49—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the authority or promoters who published the proposals,
the school organisation committee, and
the adjudicator,
In this Schedule “the 1994 Act” means the Education Act 1994 (c. 30).
In sections 18B and 18C of the 1994 Act (as substituted by Schedule 14) any reference to anything done under either of those sections includes a reference to anything done before the commencement of those sections under section 18A of that Act.
Section 45A of the 1998 Act (determination of specified budgets of LEA) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2)— After that subsection insert— In subsection (3)— After subsection (4) insert— Omit subsections (5) and (6).
In section 138 of the 1998 Act (orders and regulations), in subsection (5) (orders and regulations that are subject to affirmative procedure) after paragraph (b) insertor.
Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms: England) is amended as follows. In subsection (1)(a), for “financial year” substitute “funding period”. For subsection (3) substitute—
After section 45A insert—
Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms: Wales) is amended as follows. In subsection (1)(a), for “financial year” substitute “funding period”. For subsection (3) substitute—
For sections 45B and 45C of the 1998 Act substitute—
An inspection under section 48 must be carried out within such period as may be prescribed.
When the inspection has been completed, the person conducting the inspection must, before the end of the period prescribed for the purposes of this subsection, prepare in writing a report of the inspection.
The person conducting the inspection must, without delay, send the report to the governing body of the school concerned.
The governing body must—
make any such report available for inspection by members of the public, at such times and at such a place as may be reasonable,
take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school— as the case may be, receives a copy of the report as soon as is reasonably practicable, and
for whom the school provides denominational education, or
who takes part in acts of collective worship the content of which falls to be inspected under section 48,
provide a copy of the report, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply) to any other person who asks for one.
It is the duty of the governing body of any voluntary or foundation school in Wales which has been designated under section 68A of the School Standards and Framework Act 1998 by the Assembly as having a religious character to secure that— are inspected under this section.
any denominational education given to pupils, and
the content of the school's collective worship,
An inspection under this section is to be conducted by a person chosen—
in the case of a voluntary controlled school, by the foundation governors after consultation with any person prescribed for the purposes of this subsection in relation to the religion or religious denomination that is specified in relation to the school under section 68A of the School Standards and Framework Act 1998 (c. 31), and
in any other case, by the governing body after consultation with any person so prescribed.
The person chosen need not be registered as an inspector under section 25.
Inspections under this section must be carried out at such intervals as may be prescribed.
It is the general duty of a person conducting an inspection under this section— and any such person may report on the spiritual, moral, social and cultural development of pupils at the school.
to report on the quality of the denominational education provided by the school for any pupils to whom denominational education is given by the school, and
to report on the content of the school's collective worship,
A person conducting an inspection under this section may do so with the assistance of such other persons chosen by him as are in his opinion fit and proper persons for carrying out the inspection.
Schedule 6 makes further provision with respect to inspections under this section.
In this section (and that Schedule)—
in relation to a community, foundation or voluntary school, a community ... special school or a maintained nursery school, the school's governing body or, if the school does not have a delegated budget, the local authority, and
The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of his functions in relation to a particular case or class of case. Any person assisting the Chief Inspector under any such arrangements is to be known as an additional inspector. The Chief Inspector must ensure that additional inspectors have the necessary qualifications, experience and skills to assist him in the effective discharge of his functions. In pursuance of the duty imposed by sub-paragraph (3), the Chief Inspector must publish in such manner as he thinks fit, and may from time to time revise, a statement of— Any arrangements which provide for assistance by persons who are not members of the Chief Inspector's staff must be made on terms that require the person with whom the arrangements are made to secure compliance with any requirements that are from time to time published under sub-paragraph (4). If the Chief Inspector has entered into arrangements with persons who are not themselves additional inspectors (“inspection service providers”) for the provision by the inspection service providers of the services of inspectors, the Chief Inspector must publish, at intervals of not more than 12 months, a list of the names of those persons who, as at a specified date, are currently notified to him by any inspection service provider as persons with whom the inspection service provider proposes to make arrangements for the carrying out of inspections on behalf of the Chief Inspector. An additional inspector acting within the authority conferred on him by the Chief Inspector has all the powers of one of Her Majesty's Inspectors of Schools in England. The Chief Inspector may not authorise an additional inspector to conduct an inspection of a school under section 5 unless—
Where any proposals are referred to the adjudicator under paragraph 9, he must hold a local inquiry to consider— It is not open to the inquiry to question the principles specified in the direction under paragraph 3(2) or 4(2). After holding the inquiry, the adjudicator must, in the case of any proposals considered at the inquiry, either— Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified. When deciding whether or not to give any approval under this paragraph, paragraph 9(5) applies to the adjudicator as it does to the committee.
Any person may make objections to, or comments on, any proposals published under paragraph 7. Objections or comments under this paragraph—
The application of the seal of the Agency is authenticated by the signature—
of the chairman or of some other person authorised either generally or specially by the Agency to act for that purpose, and
of one other member.
The Agency are not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the Agency is not to be regarded as property of, or property held on behalf of, the Crown.
The Agency may establish a committee for any purpose. The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the Agency. Such a committee may include persons who are not members of the Agency. The Agency shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.
In section 19 of the Anti-social Behaviour Act 2003 (parenting contracts in cases of exclusion from school or truancy), in subsection (2), for the words from “a relevant” to the end substitute—
In section 48 of the School Standards and Framework Act 1998 (LEAs' financial schemes) in subsection (2)(a) for “financial year” substitute “funding period”.
Before entering into any arrangement for an inspection by a registered inspector, the Chief Inspector must invite tenders from at least two persons who can reasonably be expected to tender for the proposed inspection and to do so at arm's length from each other, and each of whom is either— Before an inspection takes place the Chief Inspector must consult the appropriate authority about the inspection.
No person who is not a member of the Inspectorate may conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has, in the opinion of the Chief Inspector, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector. Where the Chief Inspector provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it. Sub-paragraph (1) does not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector.
It is an offence intentionally to obstruct— in the exercise of his functions in relation to an inspection of a school. A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Every document purporting to be an instrument made or issued by or on behalf of the Agency and to be duly executed under the seal of the Agency, or to be signed and executed by a person authorised by the Agency to act in that behalf, is to be received in evidence and to be treated, without further proof, as being so made or issued unless the contrary is shown.
In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation) in subsection (1)—
for “financial year” substitute “funding period”,
for “that year” substitute “that period”, and
in paragraphs (a) and (b) for “year”, wherever occurring, substitute “period”.
In section 51A of the School Standards and Framework Act 1998 (expenditure incurred for community purposes) in subsection (2) for “financial year” substitute “funding period”.
Section 52 of the School Standards and Framework Act 1998 (financial statements) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2)— After subsection (2A) insert—
In Schedule 15 to the School Standards and Framework Act 1998 (suspension of financial delegation), paragraph 2 is amended as follows. In sub-paragraph (1)(a)— In sub-paragraph (3), for “financial year”, in both places where it occurs, substitute “funding period”.
Where— they may cause an inspection of the school to be made by one or more of their officers for the purpose of obtaining the information.
for the purpose of enabling them to exercise any education function of theirs, a local authority require information about any matter in connection with a school which is maintained by them, and
it is not reasonably practicable for them to obtain the information in any other manner,
An officer of a local authority inspecting a school under this section has at all reasonable times a right of entry to the premises of the school.
Any local authority in Wales may provide a school inspection service for schools within their area.
In this section “school inspection service”, in relation to any local authority in Wales, means a service providing for the inspection of schools under section 28 or 50 by officers of the authority.
Any school inspection service provided by a local authority in Wales may, in addition to providing for the inspection of schools which are maintained by them, provide for the inspection of schools which are not maintained by them.
Any school inspection service provided by a local authority in Wales must be operated by the authority in such a way as can reasonably be expected to ensure that the full cost of providing the service is recovered by way of charges made by the authority to those using the service.
The Assembly may by regulations—
make provision as to the making of tenders by local authorities in Wales (as required by paragraph 2 of Schedule 4),
make provision with respect to the accounts to be kept by local authorities in connection with any school inspection services provided by them, and
make such incidental and supplemental provision with respect to school inspection services provided by local authorities as the Assembly considers appropriate.
Schedule 7 contains amendments relating to the inspection of child minding, day care for children and nursery education.
Schedule 8 contains amendments relating to the inspection of independent schools.
This section applies to relevant services provided in Wales in pursuance of arrangements made or directions given by the Assembly under section 10 of the Employment and Training Act 1973 (c. 50).
The Chief Inspector has the general duty of keeping the Assembly informed about the quality of the relevant services provided in Wales in accordance with such arrangements or directions.
In subsections (4) to (7) “a service provider” means a person who provides, or arranges for the provision of, relevant services in accordance with such arrangements or directions.
The Chief Inspector must inspect any service provider under this section at prescribed intervals.
When asked to do so by the Assembly, the Chief Inspector must—
give advice to the Assembly on such matters relating to the provision of relevant services in Wales in pursuance of such arrangements or directions as may be specified in the Assembly's request, or
inspect any service provider under this section.
The Chief Inspector may at any time—
give advice to the Assembly relating to the provision of relevant services in Wales in pursuance of such arrangements or directions, or
inspect any service provider under this section.
An inspection of any service provider under this section is to consist of a review of the way in which he is discharging his responsibilities under or by virtue of the arrangements or directions in question, having regard to any guidance given by the Assembly with respect to the provision of relevant services.
In this section and sections 56 and 57—
This section applies if a person (“a relevant provider”) who provides a relevant service to which section 55 applies also provides in Wales education, training or an advisory service—
in pursuance of arrangements made by the Assembly under section 2 of the Employment and Training Act 1973 (c. 50), or
with the assistance of a grant or loan made under section 12(1) of the Industrial Development Act 1982 (c. 52).
The Chief Inspector has the general duty of keeping the Assembly informed about the quality of any education, training or advisory services falling within subsection (1) provided by relevant providers in Wales.
The Chief Inspector must inspect any relevant provider under this section at prescribed intervals.
When asked to do so by the Assembly, the Chief Inspector must—
give advice to the Assembly on such matters relating to the provision of education, training or advisory services falling within subsection (1) by relevant providers, or
inspect any relevant provider under this section.
The Chief Inspector may at any time—
give advice to the Assembly relating to the provision of education, training or advisory services falling within subsection (1) by relevant providers, or
inspect any relevant provider under this section.
An inspection of any relevant provider under this section is to consist of a review of the way in which he is providing the education, training or advisory service falling within subsection (1)(a) or (b).
This section applies to any inspection under section 55 or 56.
The inspection must be conducted by one or more of the following— but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector's staff) as the Chief Inspector thinks fit.
any of Her Majesty's Inspectors of Education and Training in Wales, or
any additional inspector authorised under paragraph 2 of Schedule 2;
In conducting the inspection, the inspector or inspectors must act in accordance with any instructions or guidelines given from time to time by the Assembly.
The inspector conducting the inspection, and any person assisting him by virtue of subsection (2), have at all reasonable times—
a right of entry to any premises where the relevant services, or as the case requires the education, training or advisory services falling within section 56(1), are provided, and
a right to inspect, and take copies of, any records or other documents kept by the person being inspected, which he requires for the purposes of the inspection.
It is an offence intentionally to obstruct— in the exercise of his functions in relation to the inspection.
the inspector conducting the inspection, or
any person assisting him by virtue of subsection (2),
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Where the inspection has been completed, the Chief Inspector must—
prepare a written report on the inspection within a prescribed period,
send a copy of the report to—
the person inspected,
the Assembly,
any prescribed person, and
any other person whom he considers appropriate, and
publish the report in the prescribed manner or, if none is prescribed, in such manner as the Chief Inspector considers appropriate.
Subsections (3) and (4) of section 29 (which relate to defamation) apply to the publication of a report under this section as they apply to the publication of a report under either of the provisions mentioned in subsection (2) of that section.
Regulations may require the person inspected to prepare a written statement in response to the report of the inspection.
Regulations under subsection (9) may—
prescribe the matters to be dealt with in the statement,
prescribe the period within which it must be prepared, and
require the person who prepared it to send copies of the statement to prescribed persons and to publish it in the prescribed manner.
A person authorised by any provision of this Part to inspect records or other documents— to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).
is entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and
may require—
the person by whom or on whose behalf the computer is or has been so used, or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
For the purposes of this section “the inspection enactments” are—
this Part,
Part 2 of the Children and Families (Wales) Measure 2010 (child minding and day care for children),
section 122 of, and Schedule 26 to, the School Standards and Framework Act 1998 (c. 31) (inspection of nursery educationin Wales ), ...
Chapter 1 of Part 10 of the Education Act 2002 (c. 32) (regulation of independent schoolsin Wales), ...
Chapters 2 and 3 of Part 3 of the Childcare Act 2006 (regulation of early years and later years provision in England), and
Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational provision in England).
Where, following inspections conducted under two or more inspection enactments by one person or two or more different persons, that person is (or those persons are) required to make a report under each of those enactments, nothing in any of those enactments is to be regarded as preventing him (or them) from—
including those reports in a single document (“a combined report”), and
to such extent as he considers (or they consider) appropriate, combining the substantive reports required by those enactments.
Subsection (2) does not apply so as to authorise the making of a combined report by the Chief Inspector for England (as to which section 152 of the Education and Inspections Act 2006 applies instead).
Where a combined report is made, any reference in the inspection enactments to the publication of a report, or to the giving, or making available, to any person of a copy of a report is to be read so far as necessary as a reference to the publication of the combined report, or to the giving or making available to that person of a copy of the combined report.
The Chief Inspector for Walesmay arrange for a combined report to be published in any manner he considers appropriate, but this subsection does not limit any duty as to publication imposed by any of the inspection enactments.
In this section—
The School Inspections Act 1996 (c. 57) (which is superseded by the provisions of this Part) shall cease to have effect.
Schedule 9 contains further amendments related to the provisions of this Part.
The Assembly may by order—
make provision in relation to Wales corresponding to—
that made in relation to England by any English inspection provision, or
that which could be made in relation to England by regulations under any English inspection provision,
repeal any Welsh inspection provision which does not correspond to an English inspection provision, and
make such provision as the Assembly thinks fit in connection with any provision made by virtue of paragraph (a) or (b).
In relation to section 39 (statement to be prepared by appropriate authority for maintained school), the power conferred by paragraph (b) of subsection (1) includes power, instead of repealing the section, to limit the cases in which it applies.
The powers conferred by paragraphs (a) and (c) of subsection (1) include power to amend or repeal any enactment (whenever passed or made), including any provision of this Act.
For the purposes of this section—
an English inspection provision is any provision of—
Chapters 1 and 2,
sections 48 and 49 (denominational education in England),
Schedule 26 to the School Standards and Framework Act 1998 (c. 31) (nursery education), so far as relating to England, or
sections 106 to 113 of the Education and Skills Act 2008 (independent educational institutions in England),
a Welsh inspection provision is any provision of —
Chapters 3 and 4,
section 50 and Schedule 6 (denominational education in Wales),
section 52 (provision of inspection services by local authorities in Wales),
Schedule 26 to the School Standards and Framework Act 1998 (nursery education), so far as relating to Wales, or
sections 163 and 164 of the Education Act 2002 (independent schools in Wales).
In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978 (c. 30).
In this Part—
“delegated budget” has the same meaning as in section 49 of the School Standards and Framework Act 1998;
References in this Part 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).
References in this Part to a school requiring, or not requiring, significant improvement are to be read in accordance with section 44(2).
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Section 28 of the School Standards and Framework Act 1998 (proposals for establishment or alteration of community, foundation or voluntary school) is amended as follows.
Omit subsection (1A) and, in subsection (2), the words “(otherwise than pursuant to a notice under section 70 of the Education Act 2002)”.
After subsection (2) insert—
Omit subsection (4).
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A local education authority in England may publish a notice under this section inviting proposals for the establishment of any school falling within subsection (2) as a secondary school.
The following schools fall within this subsection—
a foundation school;
a voluntary school;
an Academy.
A notice under this section must—
identify a possible site for the school,
specify a date, being a date after the prescribed interval, by which proposals must be submitted,
specify such other matters as may be prescribed, and
be published in the prescribed manner.
Before publishing a notice under this section, the local education authority must consult any prescribed persons, and such other persons as appear to the authority to be appropriate, about such of the relevant matters as may be prescribed or (if none are prescribed) about such of the relevant matters as appear to the authority to be appropriate.
In subsection (4) “the relevant matters” means the matters to be specified under subsection (3)(a) and (c) in the notice.
Regulations may prescribe requirements to be met by the local education authority in relation to consultation under subsection (4).
Proposals made pursuant to a notice under this section must—
contain the prescribed information, and
be submitted to the local education authority before the date specified in the notice.
After the date specified in a notice published by a local education authority under this section the authority—
must publish under this section any proposals submitted pursuant to the notice in accordance with subsection (7), and
may publish under this section proposals of their own for the establishment of a community or foundation school as a secondary school.
Regulations may prescribe—
the time within which proposals under this section must be published,
the manner in which they must be published, and
the information which proposals within subsection (8)(b) must contain.
Regulations may require the local education authority to take prescribed steps for the purpose of promoting public awareness of any proposals published by them under this section.
For the purposes of this section “secondary school” includes a middle school as respects which the relevant upper age is at least 16 years, but does not include a school which provides education suitable only to the requirements of persons above compulsory school age.
Schedule 10 contains provisions in relation to the consideration, approval and implementation of proposals under this section.
Where any proposals published under this section relate to a school which is proposed to be situated in an area other than that of the local education authority who published the notice under this section, the provisions of Schedule 10 shall have effect in relation to the proposals with such modifications as may be prescribed.
Section 70 of, and Schedule 8 to, the Education Act 2002 (c. 32) (proposals for additional secondary schools) shall cease to have effect.
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Proposals under— for the establishment of a new school may relate to the establishment of the school as a federated school.
section 28, 28A or 31 of the School Standards and Framework Act 1998 (c. 31),
section 113A of the Learning and Skills Act 2000 (c. 21),
section 193 of the Education Act 2002,
section 66 of this Act, or
paragraph 7 of Schedule 11 to this Act,
In this section “federated school” has the meaning given by section 24(2) of the Education Act 2002.
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for the establishment of a school in Wales which is proposed to be maintained by a local education authority in England, or
for the establishment of a school in England which is proposed to be maintained by a local education authority in Wales.
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Section 29 of the School Standards and Framework Act 1998 (proposals for discontinuance of community, foundation, voluntary or maintained nursery school) is amended as follows.
For subsection (4) substitute—
After subsection (9) insert—
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Schedule 12 contains further amendments relating to proposals for the establishment, alteration or discontinuance of schools.
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“collective worship” means collective worship required by section 70 of the School Standards and Framework Act 1998;
In section 25 of the School Standards and Framework Act 1998 (adjudicators), in subsection (2), after “this Act” insert “or Part 2 of the Education Act 2005”.
Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to the Agency under this Act—
a representative of the Secretary of State is entitled to attend and take part in deliberations (but not in decisions) at meetings of the Agency or of any committee of the Agency, and
the Agency must provide the Secretary of State with such copies of any documents distributed to members of the Agency or of any such committee as he may require.
The Agency—
must make an annual report to the Secretary of State, who must lay a copy of it before each House of Parliament, and
may arrange for the report to be published in such manner as the Agency consider appropriate.
One of the members of the Agency is to be the chief officer. The chief officer is to be appointed by the Agency with the approval of the Secretary of State on such terms and conditions (including terms with respect to tenure and vacation of office) as the Agency may with the approval of the Secretary of State determine. On approval by the Secretary of State of the person to be appointed on any occasion as chief officer of the Agency and the terms and conditions of his appointment, the Secretary of State must—
The Agency may appoint such employees as they think fit. The Agency may pay to their employees such remuneration and allowances as the Agency may determine. The employees are to be appointed on such other terms and conditions as the Agency may determine. A determination under sub-paragraph (2) or (3) requires the approval of the Secretary of State.
In the Education (No. 2) Act 1986, omit section 50 (grants for teacher training, etc.).
Training and Development Agency for Schools
In section 23D of the Sex Discrimination Act 1975 (discrimination by Teacher Training Agency)—
for “Teacher Training Agency” (both in the section and in the heading) substitute “Training and Development Agency for Schools”, and
for “Part 1 of the Education Act 1994” substitute “any enactment”.
Any member of the Agency appointed under section 2 of the 1994 Act is to be taken to have been appointed under section 77 of this Act.
In section 33 of the School Standards and Framework Act 1998 (further provisions relating to establishment, alteration or discontinuance of schools), in subsection (4), after “28,” insert “28A,”.
Without prejudice to any other rights the Assembly may require to be accorded to it as a condition of any grants made to the Agency under this Act—
a representative of the Assembly is entitled to attend and take part in deliberations (but not in decisions) at meetings of the Agency or of any committee of the Agency, and
the Agency must provide the Assembly with such copies of any documents distributed to members of the Agency or of any such committee as the Assembly may require.
Employment with the Agency continues to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply. The Agency shall pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act. Where an employee of the Agency is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the Agency, the Minister for the Civil Service may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Agency (whether or not any benefits are payable to or in respect of him by virtue of paragraph 5).
In section 25 of the Sex Discrimination Act 1975 (general duty in public sector of education), in subsection (6) for paragraph (f) substitute—
In section 34 of the School Standards and Framework Act 1998 (rationalisation of school places)—
for “Secretary of State” substitute “National Assembly for Wales”,
for “and governing bodies” substitute “in Wales and governing bodies of maintained schools in Wales”, and
for “him” substitute “the Assembly”.
The Chief Inspector for England, or a representative of his, is entitled to attend and take part in deliberations (but not in decisions) at meetings of the Agency or of any committee of the Agency. The Agency must provide the Chief Inspector for England with such copies of any documents distributed to members of the Agency or of any such committee as he may require.
In section 138 of the School Standards and Framework Act 1998 (orders and regulations), in subsection (4), after “20(7),” insert “29(9A),”.
The validity of any proceedings of the Agency or of any committee of the Agency is not affected by a vacancy among the members or by any defect in the appointment of a member.
In section 143 of the School Standards and Framework Act 1998 (index), in the entry beginning “promoters”, after “section 28(2)” insert “or 28A(2)”.
Subject to the preceding provisions of this Schedule, the Agency may regulate their own procedure and that of any of their committees.
In Schedule 4 to the School Standards and Framework Act 1998 (school organisation committees) in paragraph 5(4)—
in paragraph (c), for “or paragraph 16 of Schedule 7” substitute “or under paragraph 14 of Schedule 11 to the Education Act 2005”, and
in paragraph (d), for “paragraph 8 of Schedule 7” substitute “paragraph 9 of Schedule 11 to the Education Act 2005”.
In Schedule 5 to the School Standards and Framework Act 1998 (adjudicators), in paragraph 5(1) (procedure), after “this Act” insert “or under Part 2 of the Education Act 2005”.
Schedule 6 to the School Standards and Framework Act 1998 (statutory proposals: procedure and implementation) is amended as follows. In paragraph 1(1), after “28,” insert “28A”. In paragraph 2(1), after “28,” insert “28A,”. In paragraph 3— In paragraph 4— In paragraph 5— In paragraph 10(7), for “shall be regarded as requiring a fresh approval” substitute “fall to be considered afresh by the Secretary of State”. In paragraph 12(2), after “section 28(1)” insert “, 28A(1)”. In paragraph 13— In paragraph 14(3), after “section 28(2)” insert “or 28A(2)”.
Schedule 7 to the School Standards and Framework Act 1998 (rationalisation of school places) is amended as follows. For the heading substitute “RATIONALISATION OF SCHOOL PLACES IN WALES”. After paragraph 1 insert— In paragraph 2— In paragraph 3— In paragraph 4— For the heading to Part 3 substitute “PROPOSALS BY NATIONAL ASSEMBLY FOR WALES”. In paragraph 5— Omit Part 4. In paragraph 12(2)(a), for “Secretary of State” substitute “Assembly”. In paragraph 13— In paragraph 14— In paragraph 15, for “Secretary of State” (in both places) substitute “Assembly”. Omit paragraph 16. In paragraph 17(2), for “Secretary of State” (in both places) substitute “Assembly”.
Schedule 22 to the School Standards and Framework Act 1998 (disposals of land in case of certain schools and disposals on discontinuance) is amended as follows. In paragraph 2(1)(a), at the end insert “or under paragraph 14(5) of Schedule 10 to the Education Act 2005”. In paragraph 3(1)(a), at the end insert “or under paragraph 14(5) of Schedule 10 to the Education Act 2005”.
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The Agency are to exercise the functions conferred on them by or under this Part or any other enactment.
The objectives of the Agency in exercising their functions are—
to contribute to raising the standards of teaching and of other activities carried out by the school workforce,
to promote careers in the school workforce,
to improve the quality and efficiency of all routes into the school workforce, and
to secure the involvement of schools in all courses and programmes for the initial training of school teachers.
In the exercise of their functions the Agency shall have regard, in particular, to the desirability of securing that the school workforce is well fitted and trained—
to promote the spiritual, moral, behavioural, social, cultural, mental and physical development of children and young people,
to contribute to their well-being, and
to prepare them for the opportunities, responsibilities and experiences of later life.
In subsection (3)(b) “well-being”, in relation to children and young people, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004 (c. 31).
For the purposes of this Part, the school workforce consists of the following members—
persons who work in schools, and
persons not falling within paragraph (a) who are teachers or carry out work that consists of or includes teaching.
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Subject to subsection (2), the functions of the Agency are exercisable in relation to England and Wales generally.
The Agency must not do anything in relation to Wales unless—
the Agency have been requested to do so by the Assembly, and
the Agency have given the Assembly notice that they are willing to do so.
Subsection (2) does not affect any function conferred on the Agency by section 94 or by regulations made under any of sections 132 to 140 of the Education Act 2002 (c. 32) (qualifications etc. of school teachers and persons providing further education).
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The Agency is to consist of such number of members appointed by the Secretary of State as the Secretary of State may determine, of whom one is to be appointed as chairman.
Schedule 13 has effect with respect to the Agency.
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The Agency may provide to any person such financial support as the Agency think fit in furtherance of any of the objectives set out in section 75(2).
The persons to whom financial support may be provided include, in particular—
members of the school workforce,
persons training to be members of the school workforce,
training providers, and
employers or prospective employers of members of the school workforce.
In this Part “training provider” means a person who provides training for members of the school workforce.
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Financial support under section 78 may be given by way of grants, loans or other payments.
Financial support under section 78 may be given subject to such terms and conditions as the Agency think fit.
The terms and conditions on which the Agency may make any grants, loans or other payments under section 78 may in particular—
enable the Agency to require the repayment, in whole or in part, of sums paid by the Agency if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the Agency in accordance with any of the terms and conditions remains unpaid.
The power of the Agency to impose conditions on the making of any grants, loans or other payments under section 78 to a training provider includes in particular power to impose conditions prohibiting, restricting or requiring the charging of fees in connection with the provision by that training provider of relevant training of any description specified in the condition.
Where— then, for the purposes of the condition, fees payable by such persons to T2 are to be regarded as fees charged by T1.
a condition is imposed under subsection (4) in connection with any grant, loan or other payment made to a training provider (“T1”), and
the grant, loan or other payment is to any extent made in respect of persons undertaking relevant training which is provided in whole or part by another training provider (“T2”),
The terms and conditions on which the Agency make any grant, loan or other payment under section 78 to a training provider must not relate to the application by the training provider of any sums derived otherwise than from the Agency, but this subsection does not affect the power to impose conditions by virtue of subsection (4).
In exercising their functions under section 78 and this section the Agency must have regard—
generally, to any forecast of demand for members of the school workforce of a particular category that is notified to them by the Secretary of State, and
in relation to financial support for any training provider, to any assessment of the quality of the relevant training provided by that person—
made by the Chief Inspector for England, or
to which the Agency think it appropriate to have regard or to which the Secretary of State directs them to have regard.
In this section “relevant training”, in relation to a training provider, means any training provided by the training provider for members of the school workforce.
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In exercising their functions in relation to the provision of financial support, the Agency must have regard to the desirability of not discouraging any training provider for whose activities financial support is provided under this Part from maintaining or developing its funding from other sources.
In exercising their functions in relation to the provision of financial support for training providers the Agency must have regard (so far as the Agency think it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining what appears to the Agency to be an appropriate balance in the support given by the Agency between institutions which are of a denominational character and other training providers.
In exercising their functions the Agency must take such steps as appear to them appropriate to secure that any person who provides any training funded by the Agency makes available such information relating to the training, in such manner and to such persons, as the Agency may require.
Subsection (1) does not affect the power by virtue of section 79(4) to impose conditions prohibiting or restricting the charging of fees.
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The Secretary of State may make grants to the Agency of such amounts and subject to such terms and conditions as he may determine.
Subsections (3) and (4) apply to the terms and conditions subject to which grants are made by the Secretary of State to the Agency, so far as they relate to the provision of financial support by the Agency to training providers.
The terms and conditions—
may in particular impose requirements to be complied with in respect of every training provider, or every training provider falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any training provider to which the requirements apply before financial support of any amount or description so specified is provided by the Agency in respect of activities carried on by the training provider, but
must not otherwise relate to the provision of financial support by the Agency in respect of activities carried on by any particular training provider or training providers.
The terms and conditions may not be framed by reference to criteria for the selection and appointment of staff and for the admission of students.
The terms and conditions subject to which any grants are made by the Secretary of State to the Agency may in particular—
enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.
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The Assembly may make grants to the Agency of such amounts and subject to such terms and conditions as the Assembly may determine.
Subsections (3) and (4) apply to the terms and conditions subject to which grants are made by the Assembly to the Agency, so far as they relate to the provision of financial support by the Agency to training providers.
The terms and conditions—
may in particular impose requirements to be complied with in respect of every training provider, or every training provider falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any training provider to which the requirements apply before financial support of any amount or description so specified is provided by the Agency in respect of activities carried on by the training provider,
may include a condition requiring the Agency to impose a specified condition falling within subsection (4) of section 79 in relation to any grants, loans or other payments made by the Agency under section 78 to a training provider specified by the Assembly in the condition under subsection (1), or a training provider of a class so specified, but
may not otherwise relate to the provision of financial support by the Agency in respect of activities carried on by any particular training provider or training providers.
The terms and conditions may not be framed by reference to criteria for the selection and appointment of staff and for the admission of students.
A condition imposed by virtue of subsection (3)(b) does not apply in relation to grants, loans or other payments made by the Agency in respect of any course which is a qualifying course for the purposes of section 28 of the Higher Education Act 2004 (c. 8).
The terms and conditions subject to which any grants are made by the Assembly to the Agency may in particular—
enable the Assembly to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the Assembly in accordance with any of the terms and conditions remains unpaid.
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The Agency may do anything which they think fit in furtherance of any of the objectives set out in section 75(2).
The power conferred by this section includes power to provide information, advice or other services to persons outside England and Wales.
The Agency may make such charges as they think fit for the provision under this section to any person of information, advice or other services.
This section—
does not authorise the provision of financial support, and
is subject to paragraph 1(2) of Schedule 13.
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In exercising their functions the Agency must comply with any directions under this section.
The Secretary of State may give general directions to the Agency about the exercise of their functions, except so far as those functions are exercisable in relation to Wales.
The Assembly may give general directions to the Agency about the exercise of their functions, so far as those functions are exercisable in relation to Wales in accordance with section 76.
Directions under this section are to be contained in an order made by the Secretary of State or the Assembly.
In carrying out their duties under sections 10 and 11 of the Education Act 1996, the Welsh Ministers must in particular make such arrangements as they consider expedient for securing that sufficient facilities are available for the training of teachers to serve in—
schools maintained by local authorities in Wales,
institutions in Wales within the further education sector, and
institutions in Wales which are maintained by local authorities in Wales and provide higher education or further education (or both).
The Welsh Ministers may promote careers in the school workforce in Wales.
The Welsh Ministers may exercise the power conferred by subsection (1) jointly with the Secretary of State or any other person with functions relating to careers in the school workforce.
The Welsh Ministers may make arrangements for the power conferred by subsection (1) to be exercised on their behalf by any other person.
Arrangements under subsection (3) may (in particular) make provision for that power to be exercised—
to the extent, and on the terms, specified in the arrangements;
generally or in such circumstances as are specified in the arrangements;
jointly with any person with whom it can be exercised jointly by the Welsh Ministers by virtue of subsection (2).
Arrangements under subsection (3) do not prevent the power conferred by subsection (1) from being exercised by the Welsh Ministers.
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The Higher Education Funding Council for Wales (in this Part referred to as “HEFCW”) are responsible for administering funds made available to them by the Assembly and others for the purpose of providing financial support for the carrying on by eligible institutions of qualifying activities.
The activities qualifying for funding by HEFCW under this Part (“qualifying activities”) are—
the provision of teacher training,
the provision of facilities, and the carrying on of other activities, by eligible institutions which the governing bodies of those institutions consider it necessary or desirable to provide or carry on for the purposes of or in connection with activities within paragraph (a), and
the provision by any person of services for the purposes of, or in connection with, such activities.
The institutions eligible for funding by HEFCW under this Part (“eligible institutions”) are— and any partnership or association of eligible institutions, or body established by one or more such institutions, for the purpose of carrying on qualifying activities.
any institution in Wales within the higher or further education sector,
the Open University,
any school in Wales, and
and other institution or body in Wales designated by order of the Assembly,
For the purposes of subsection (3), an institution or body is in Wales if its activities are carried on, or principally carried on, in Wales.
In sections 86 to 91—
“qualifying activities” is to be read in accordance with subsection (2);
“eligible institution” is to be read in accordance with subsection (3).
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HEFCW may— subject in each case to such terms and conditions as HEFCW think fit.
make grants, loans or other payments in respect of expenditure incurred or to be incurred by the governing body of an eligible institution for the purposes of activities qualifying for funding by HEFCW under this Part by virtue of section 85(2)(a) or (b), and
make grants, loans or other payments in respect of expenditure incurred or to be incurred for the purposes of the provision of services as mentioned in section 85(2)(c),
The terms and conditions on which HEFCW may make any grants, loans or other payments under this section may in particular—
enable HEFCW to require the repayment, in whole or in part, of sums paid by HEFCW if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to HEFCW in accordance with any of the terms and conditions remains unpaid.
The power of HEFCW to impose conditions on the making of any grants, loans or other payments under this section to an eligible institution includes in particular power to impose conditions prohibiting, restricting or requiring the charging of fees in connection with the carrying out by that institution of qualifying activities.
Where— then, for the purposes of the condition, fees payable by such persons to the other training provider are to be regarded as fees charged by the eligible institution.
a condition is imposed under subsection (3) in connection with any grant, loan or other payment to an eligible institution, and
the grant, loan or other payment is to any extent made in respect of persons undertaking training which is provided in whole or in part by another training provider,
The terms and conditions must not relate to the application of any sums derived otherwise than from HEFCW, but this subsection does not affect the power to impose conditions by virtue of subsection (3).
In exercising their functions under this section HEFCW must have regard—
generally, to any forecast of demand for newly-qualified teachers that is notified to them by the Assembly, and
in relation to any particular institution, to any assessment of the quality of the teacher training provided by that institution—
made by the Chief Inspector for Wales, or
to which HEFCW think it appropriate to have regard or to which the Assembly directs them to have regard.
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In exercising their functions in relation to the provision of financial support for qualifying activities, HEFCW must have regard to the desirability of not discouraging any institution for whose activities financial support is provided under this Part from maintaining or developing its funding from other sources.
Before exercising their discretion under section 86(1)(a) or (b) with respect to the terms and conditions to be imposed in relation to any grants, loans or other payments, HEFCW must consult such of the following bodies as appear to them to be appropriate to consult in the circumstances—
such bodies representing the interests of eligible institutions as appear to HEFCW to be concerned, and
the governing body of any particular eligible institution which appears to HEFCW to be concerned.
In exercising their functions in relation to the provision of financial support for qualifying activities HEFCW must have regard (so far at they think it relevant to do so in the light of any other relevant considerations) to the desirability of maintaining—
what appears to them to be an appropriate balance in the support given to them as between institutions which are of a denominational character and other institutions, and
any distinctive characteristics of any eligible institution for whose activities financial support is provided under this Part.
In exercising their functions HEFCW must take such steps as appear to them appropriate to secure that the governing body of any institution which provides a course of initial teacher training funded by HEFCW makes available such information relating to the course, in such manner and to such persons, as HEFCW may require.
Subsection (1) does not affect the power by virtue of section 86(3) to impose conditions prohibiting or restricting the charging of fees.
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The Assembly may make grants to HEFCW of such amounts and subject to such conditions as the Assembly may determine.
The terms and conditions subject to which grants are made by the Assembly to HEFCW under this section—
may in particular impose requirements to be complied with in respect of every institution, or every institution falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any institution to which the requirements apply before financial support of any amount or description so specified is provided by HEFCW in respect of activities carried on by the institution, but
may not otherwise relate to the provision of financial support by HEFCW in respect of activities carried on by any particular institution or institutions.
Such terms and conditions may not be framed by reference to criteria for the selection and appointment of staff and for the admission of students.
Such terms and conditions may in particular—
enable the Assembly to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the Assembly in accordance with any of the terms and conditions remains unpaid.
Section 68 of the Further and Higher Education Act 1992 (c. 13) does not apply in relation to grants made to HEFCW under this section.
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the training of teachers, or
the standards of teaching.
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The Assembly may by order confer or impose on HEFCW such functions supplementary to their functions under this Part as the Assembly thinks fit.
For the purposes of subsection (1) a function is a supplementary function in relation to HEFCW if—
it is exercisable for the purposes of the exercise by the Assembly of functions of the Assembly under any enactment, and
it relates to, or to the activities of, an eligible institution.
Before making an order under subsection (1) the Assembly must carry out such consultation as appears to it to be appropriate.
HEFCW may carry out such activities ancillary to their functions under this Part as the Assembly may direct.
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In exercising their functions under this Part HEFCW must comply with any directions under this section.
The Assembly may give general directions to HEFCW about the exercise of their functions.
If it appears to the Assembly that the financial affairs of an eligible institution have been or are being mismanaged the Assembly may, after consulting HEFCW and the institution, give such directions to HEFCW about the provision of financial support in respect of the activities carried on by the institution as the Assembly considers necessary or expedient by reason of the mismanagement.
Directions under this section are to be contained in an order made by the Assembly.
The Secretary of State ... and any other relevant funding body may exercise any of their functions jointly.
In subsection (1) “other relevant funding body” means ... the Office for Students ... ... ... .
The reference in subsection (1) to the functions of the Secretary of State is to the functions of the Secretary of State relating to training for members of the school workforce.
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The Secretary of State ... may arrange for the promotion or the carrying out by any person of studies designed to improve economy, efficiency and effectiveness in the management or operations of a qualifying person.
A person promoting or carrying out such studies at the request of the Secretary of State ... may require the qualifying person concerned— as he may reasonably require for that purpose.
to provide him, or a person authorised by him, with such information, and
to make available to him, or a person authorised by him, for inspection their accounts and such other documents,
In this section “qualifying person” means—
a training provider receiving financial assistance under section 14 of the Education Act 2002 from the Secretary of State, ...
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must provide the Secretary of State (in such manner as he may from time to time determine) with such information or advice relating to matters for which they are responsible as he may from time to time require, and
may provide the Secretary of State with such information or advice relating to such matters as they think fit.
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The persons and bodies mentioned in subsection (4) must—
give the Secretary of State such information as the Secretary of State may require for the purpose of the exercise of the Secretary of State's functions relating to training for members of the school workforce;
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The persons and bodies referred to in subsection (3) are—
a person receiving, or who has received or applied for ... financial assistance from the Secretary of State under section 14 of the Education Act 2002;
a local authority.
The following must give the Agency or HEFCW such information as they may require for the purpose of the exercise of their functions under any enactment—
any person receiving, or who has received or applied for, any grant, loan or other payment under this Part;
any local education authority.
The governing body of a maintained school may—
provide courses of initial or further training for school teachers,
provide courses of training for other members of the school workforce, or
join in partnership with other training providers, or (alone or jointly with other training providers) establish a body, for the purpose of providing training falling within paragraph (a) or (b).
It is immaterial for the purposes of subsection (1) whether or not the training constitutes higher education.
In relation to an exercise of the powers conferred by subsection (1), the governing body has all the same supplementary and incidental powers as it has in relation to the conduct of the school.
Any exercise by the governing body of a maintained school of the powers conferred by this section is not to be treated, for the purposes of Chapter 4 of Part 2 of the School Standards and Framework Act 1998 (c. 31) (financing of maintained schools) as being undertaken for the purposes of the school.
Section 80 of the School Standards and Framework Act 1998 (exercise of power to provide further education) does not apply in relation to any course of training that is provided under this section.
Nothing in this section is to be read as affecting the power of the governing body of a school, as an ordinary incident of the conduct of the school—
to provide training for members of the school workforce who work at the school, or
to participate in the provision of training for members of the school workforce as part of a course provided by another training provider.
References in this Part to training, in relation to teachers or other members of the school workforce (including references to the provision of training “for” teachers or other members of the school workforce), include—
any training or education with the object of fitting persons to be teachers or other members of the school workforce, or to be better teachers or other members of the school workforce, and
any assessment related to the award of any qualification or status as a teacher or other member of the school workforce.
References elsewhere in the Education Acts to training, in relation to teachers, include any training or education with a view to fitting persons to be teachers, or better teachers.
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at least one quarter of the members of the governing body of the institution, or in the case of a school at least one-fifth, are persons appointed to represent the interests of a religion or religious denomination, or
any of the property held for the purposes of the institution is held upon trusts which provide that, in the event of the discontinuance of the institution, the property concerned is to be held for, or sold and the proceeds of sale applied for, the benefit of a religion or religious denomination, or
any of the property held for the purposes of the institution is held on trust for or in connection with— in accordance with the tenets of a religion or religious denomination.
the provision of education, or
the conduct of an educational institution,
Schedule 14 contains amendments related to the preceding provisions of this Part.
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In this Part—
“school lunch” has the same meaning as in section 512 of the Education Act 1996.
In section 38 of the Education Act 1997 (inspection of local 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 ”.
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) ”.
In section 39 of the Education Act 1997 (reports of inspections under section 38 and action plan by local authority), in subsection (4)—
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
for “section 42A(2)” substitute “ section 11(2) or, as the case may be, section 29(2) ”.
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 ”.
For the purposes of this Part, the school workforce consists of the following members—
persons who work in schools, and
other persons who are teachers or who carry out work that consists of or includes teaching.
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Other expressions, if used in this Part and the Education Act 1996 (c. 56), have the same meaning in this Part as in that Act.
Schedule 16 contains amendments relating to the funding by local authorities of schools maintained by them.
The Secretary of State may by regulations require local authorities in England to set annual targets in respect of the educational performance—
of pupils at schools maintained by them, and
of any persons of compulsory school age (whether or not pupils at such schools) who are or have been looked after by them.
Regulations under this section may in particular—
specify the matters in respect of which targets are required to be set;
require proposed targets to be notified to the Secretary of State by a prescribed time;
authorise the Secretary of State—
to modify any proposed target notified to him, or
to require a local authority to modify the proposed targets and to notify him of the proposed targets as modified;
require the targets to be set by a prescribed time;
require local authorities to publish, in such manner as may be specified in the regulations, any targets which they set.
In subsection (1), “looked after” is to be read in accordance with section 22 of the Children Act 1989 (c. 41).
In section 30 of the 2002 Act (governors' report and other information)—
in subsections (1) and (2)(a), after “maintained school” insert “ in Wales ”,
in subsections (3) and (4), after “maintained school” insert “ (in England or Wales) ”, and
in the heading, insert “ (Wales) ” after “reports”.
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in subsection (1), after “maintained school” insert “in Wales”, and
in the heading, after “meetings” insert “: Wales”.
The Assembly may by order—
repeal either or both of the following provisions of the 2002 Act—
section 30(1) and (2) (as amended by subsection (1)(a) of this section), and
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make such amendments of any other enactment as appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).
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After section 28 of the 2002 Act insert—
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Schedule 17 contains amendments of Schedule 22 to the School Standards and Framework Act 1998 (which makes provision as to the disposal of land held for the purposes of foundation, voluntary or foundation special schools and as to the property of maintained schools on their discontinuance).
This subsection applies to information which—
is held for the purposes of functions relating to tax or tax credits—
by the Commissioners of Inland Revenue, or
by a person providing services to the Commissioners of Inland Revenue, in connection with the provision of those services, or
is held for the purposes of functions relating to social security—
by the Secretary of State or a Northern Ireland department, or
by a person providing services to the Secretary of State or such a department, in connection with the provision of those services.
Information to which subsection (1) applies may be supplied to a person falling within subsection (3) for use for purposes relating to eligibility for education maintenance allowances.
The following persons fall within this subsection—
the Secretary of State,
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the Assembly,
a Northern Ireland department,
the Scottish Ministers, and
any person providing services to a person within paragraphs (a) to (e).
Information received by virtue of subsection or this subsection (2) by a person other than the Scottish Ministers may be supplied to a person falling within subsection (5) for use for purposes relating to eligibility for education maintenance allowances.
The following persons fall within this subsection—
the Assembly,
a Northern Ireland department,
the Scottish Ministers,
any person by whom functions in relation to education maintenance allowances falling within subsection (8)(a) are exercisable by virtue of section 14 or 17 of the 2002 Act,
any person by whom functions under regulations under section 181 of the 2002 Act are exercisable by virtue of section 183 or 184 of that Act, and
any person providing services to the Assembly or a Northern Ireland department.
A person other than the Scottish Ministers may, in making any request for the supply to him of information by virtue of subsection (2) or (4), supply to any person who holds, or is to be supplied with, the information—
the name, address and date of birth of any person to whom the request relates (“the student”),
the name, address and date of birth of—
any parent of the student, or
any other person whose financial circumstances are relevant to the student's eligibility for an education maintenance allowance, and
any other information (whether relating to the student, any parent of his or any person falling within paragraph (b)(ii)) which is required for the purpose of determining the student's eligibility for an education maintenance allowance.
This section does not limit the circumstances in which information may be supplied apart from this section.
In this section and section 109 “education maintenance allowance” means—
financial assistance under section 14 of the 2002 Act paid to or in respect of a person who is over compulsory school age in connection with his undertaking any course of education or training,
an allowance under section 181 of the 2002 Act,
an award under Article 51(1)(b) of the Education and Libraries (Northern Ireland) Order 1986 (No. 594/NI 3) paid to or in respect of a person who is over compulsory school age (within the meaning of that Order) in connection with his undertaking any course of education or training,
an allowance under section 73(f) of the Education (Scotland) Act 1980 (c. 44) paid to or in respect of a relevant person attending a course of education, other than higher education, or
financial assistance provided under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (c. 37).
In subsection (8)(d)—
“regulations” means—
“member of the Inspectorate” means the Chief Inspector, any of Her Majesty's Inspectors of Education and Training in Wales and any additional inspector appointed under paragraph 2 of Schedule 2;
There are to be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Assembly may determine. In the case of any such Chief Inspector as may be determined by the Assembly, there is to be paid— as may be so determined. If, when any person ceases to hold office as Chief Inspector, the Assembly determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Assembly.
The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief Inspector as if—
he were included in the first column of the Schedule to that Act,
he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and
the regulations referred to in that Act included any document issued by him or any such person.
In this Schedule—
“inspection” means an inspection of a school under section 50;
Section 10B of the Employment and Training Act 1973 (inspection) is amended as follows. For subsection (6) substitute— In subsection (7), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.
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A person (“X”) who discloses information which he has received by virtue of subsection (2) or (4) of section 108 and which relates to a particular person commits an offence unless the information is disclosed—
in accordance with subsection (4) of that section,
in the course of any duty X has in connection with the exercise of functions relating to eligibility for education maintenance allowances,
in accordance with an enactment or an order of a court,
for the purpose of instituting, or otherwise for the purposes of, civil or criminal proceedings, or
with consent given by or on behalf of the person to whom the information relates.
It is a defence for a person charged with an offence under subsection (1) to prove that he reasonably believed that his disclosure was lawful.
A person guilty of an offence under subsection is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both;
on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
In relation to an offence committed before 2 May 2022, the reference in subsection (3)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
The reference in subsection (1)(c) to an enactment includes a reference to an enactment comprised in, or in an instrument made under—
an Act of the Scottish Parliament, or
any Northern Ireland legislation as defined in section 24(5) of the Interpretation Act 1978 (c. 30).
This subsection applies to information held for the purposes of functions relating to tax credits—
by the Commissioners of Inland Revenue, or
by a person providing services to them, in connection with the provision of those services.
This subsection applies to information held for the purposes of functions relating to social security—
by the Secretary of State, or
by a person providing services to him, in connection with the provision of those services.
Information to which subsection (1) or (2) applies may be supplied— for use for the purpose of determining eligibility for free school lunches and milk.
to the Secretary of State, or any person providing services to him, or
to the Assembly, or any person providing services to the Assembly,
Information to which subsection (2) applies may be supplied to a local authority or the appropriate authority of a relevant school in England for use for that purpose.
Information received by virtue of subsection (3) may be supplied— for use for that purpose.
to another person to whom it could have been supplied under that subsection, ...
to a local authority, or
to the appropriate authority of a relevant school in England,
Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or any person providing services to the Secretary of State, for use for the purpose of determining whether relevant financial assistance is payable or expendable in respect of a person in England.
The references in subsections (4) and (5)(b) to a local authority include references to any person exercising on behalf of such an authority functions relating to eligibility for free school lunches and milk.
Information to which subsection (2) applies may be supplied to a local authority in England or the appropriate authority of a relevant school in England for use for the purpose mentioned in subsection (5A).
For the purposes of this section, determining “eligibility for free school lunches and milk” means determining—
whether school lunches or milk must be provided for a person, free of charge and on request, in accordance with—
section 512ZB(2) or (3) of the Education Act 1996,
regulations under section 342 of that Act (non-maintained special schools), or
Academy arrangements;
whether school lunches or milk may or must be provided for a person, free of charge, by a local authority in England or the appropriate authority of a relevant school in England in accordance with one or both of the following—
the terms of relevant financial assistance;
guidance issued by the Secretary of State.
in accordance with an agreement under section 482 of that Act (Academies, etc.).
Information received by virtue of subsection (5A) may be supplied— for use for the purpose mentioned in subsection (5A).
to another person to whom it could have been supplied under that subsection,
to a local authority in England, or
to the appropriate authority of a relevant school in England,
The reference to school lunch in subsection (7)(b) includes food equivalent to a school lunch provided for a person educated otherwise than at school.
A person who (after receiving information by virtue of this section) makes a determination described in subsection (3) or (5A) in respect of a person in England may communicate the determination to—
a parent of the person in respect of whom the determination was made,
a local authority in England, or
the appropriate authority of a relevant school in England.
This section does not limit the circumstances in which information may be supplied apart from this section.
The communication may include information about the statutory provision or the arrangements under which the person in respect of whom the determination is made is eligible for free school lunches.
The references in this section to a local authority in England include references to any person exercising on behalf of such an authority functions relating to eligibility for free school lunches and milk or relating to relevant financial assistance.
In this section—
A person (“X”) who discloses information which he has received by virtue of any of subsections (3) to (5) of section 110 and which relates to a particular person commits an offence unless the information is disclosed—
in the case of information received by virtue of subsection (3) of that section, in accordance with subsection (5) of that section,
in the course of any duty X has in connection with the exercise of functions relating to eligibility for free school lunches and milk,
in accordance with an enactment or an order of a court, or
with consent given by or on behalf of the person to whom the information relates.
In subsection (1)(b), “eligibility for free school lunches and milk” is to be read in accordance with section 110(7).
It is a defence for a person charged with an offence under subsection (1) to prove that he reasonably believed that his disclosure was lawful.
A person guilty of an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.
In relation to an offence committed before 2 May 2022, the reference in subsection (4)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
In section 512A of the Education Act 1996 (c. 56) (transfer of functions under section 512 of that Act to governing bodies), in subsection (4), for paragraph (b) substitute—
Subsections (2) and (3) apply for the purposes of section 114.
“Qualifying worker” means any person who—
is employed at, or otherwise engaged to work at, a school,
does not fall within paragraph (a) but provides, or assists in the provision of, education under a contract of employment or for services where the other party to the contract is—
a local authority, or
a person exercising a function relating to the provision of education on behalf of such an authority, or
provides education at a further education institutionor a 16 to 19 Academy.
“Qualifying trainee” means a person (other than a qualifying worker as defined in subsection (2)) for whom training as a member of the school workforce is being provided.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may authorise or require— to supply to the relevant person (as defined by subsection (2)) prescribed information relating to persons who are or have been qualifying workers or qualifying trainees, for use by the relevant person for a qualifying purpose.
the proprietor of a school,
a local authority,
any prescribed person,
In subsection (1) “the relevant person” means one or more of the following—
the Secretary of State,
the Assembly, or
any prescribed person.
Regulations may authorise the Secretary of State or the Assembly to supply to the other or to any prescribed person, for use for a qualifying purpose, prescribed information relating to persons who are or have been qualifying workers or qualifying trainees.
A person may not be prescribed for the purposes of subsection (1)(c), (2)(c) or (3) unless—
in the case of subsection (1)(c) or (2)(c), he appears to the person making the regulations to be exercising functions of a public nature, or
in the case of subsection (3), he appears to the person making the regulations to be exercising such functions or carrying out research which relates to education or training and may be expected to be of public benefit.
For the purposes of this section, information is supplied to a person for use for a qualifying purpose if it is supplied to him for use for—
evaluation, planning, research or statistical purposes, or
any other prescribed purpose.
Regulations may authorise a person falling within subsection (7) to supply to any prescribed person (“the recipient”) any information relating to persons who are or have been qualifying workers or qualifying trainees which—
has been lawfully held by the recipient, or
is information which another person was, or could have been, required (whether by virtue of regulations under this section or otherwise) to supply to the recipient.
The following persons fall within this subsection—
the Secretary of State,
the Assembly, and
any prescribed person.
Regulations may—
prohibit any person to whom information is supplied by virtue of this section from further disclosing the information otherwise than in prescribed circumstances, ...
in relation to England,provide that section 497 of the Education Act 1996 (c. 56) (default powers of Secretary of State or Assembly) is, in relation to the duties imposed by virtue of this section, to have effect as if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any reference to a body to which that section applies included a reference to a prescribed person; and
in relation to Wales, provide that Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) is to have effect as if—
references to a local authority included a reference to a prescribed person,
duties imposed by virtue of this section were education functions,
the only relevant ground for intervention were ground 1 in section 21, and
sections 24 to 27 did not apply.
This section does not limit the circumstances in which information is authorised or required to be supplied apart from this section.
In this section—
In section 29 of the 2002 Act (additional functions of governing body), in subsection (3) (power to require pupils to attend at other places for purpose of education) for “pupils in attendance at the school” substitute “ registered pupils ”.
After section 444 of the Education Act 1996 insert—
Schedule 18 contains further amendments related to the provisions of this Part.
In this Part “the 2002 Act” means the Education Act 2002 (c. 32).
Any function conferred on the Secretary of State by the amendments made by the provisions mentioned in subsection (2), so far as exercisable in relation to Wales, is to be taken to have been transferred to the Assembly by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).
Those provisions are— section 45 (power to direct closure of school); section 70 (proposals for discontinuance of rural primary school); section 71 (proposals relating to maintained special school); section 106 (admission arrangements to make special provision for looked-after children); Schedule 7 (inspection of child minding, day care and nursery education); Schedule 16 (funding of maintained schools); Schedule 17 (restrictions on disposal of land); Schedule 18 (further amendments related to Part 4).
Any power to make an order or regulations conferred by this Act on the Secretary of State or the Assembly is exercisable by statutory instrument.
Any power of the Secretary of State or the Assembly to make an order or regulations under this Act includes power—
to make different provision for different cases or areas,
to make provision generally or in relation to specific cases, and
to make such incidental, supplementary, saving or transitional provision as the Secretary of State or the Assembly thinks fit.
Regulations under Part 1 may, in particular, include provision for the designation by the Secretary of State or the Assembly, in accordance with the regulations, of particular schools or categories of school for the purposes of the application of particular provisions of the regulations in relation to such schools.
Any power conferred by this Act to give directions includes power, exercisable in the same manner and subject to the same conditions or limitations, to revoke or vary directions previously given.
Any statutory instrument containing regulations or an order made by the Secretary of State under any provision of this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (1) does not apply to—
regulations to which subsection(2A) or (3) applies, or
an order made under section 125 (commencement).
This subsection applies to regulations under section 5(4A) (power to prescribe schools exempt from inspection), apart from the first regulations to be made under that subsection.
A statutory instrument which contains (whether alone or with other provisions) regulations made by the Secretary of State under section 124 which amend or repeal any part of the text of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument which contains (whether alone or with other provisions) regulations to which subsection (2A) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this Act “the Assembly” means the National Assembly for Wales.
Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be read as if those provisions were contained in that Act.
The provisions of this Act referred to in subsection (2) are—
Part 1 (school inspections);
Part 2 (school organisation);
section 102 (local authority targets: England);
section 108 (supply of information: education maintenance allowances);
section 110 (supply of information: free school lunches, etc.);
section 113 (information about the school workforce: introductory);
section 114 (supply of information about school workforce).
Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996 (c. 56), the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.
Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).
Schedule 19 contains repeals.
The Secretary of State may at any time by regulations make— as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of Parts 1 to 4 of this Act.
such supplementary, incidental or consequential provision, or
such transitional, transitory or saving provision,
Regulations under subsection (1) may, in particular, make provision—
amending or repealing any enactment passed before, or in the same Session as, this Act, and
amending or revoking any subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made before the passing of this Act.
In relation to Wales, the power to make regulations under subsection (1) is also exercisable by the Assembly.
Nothing in this Act is to be regarded as limiting the generality of subsection (1).
The following provisions of this Act come into force on the day on which this Act is passed—
in Part 1, sections 62 and 63;
in Part 3— section 75(5), section 78(3), sections 96 and 97, section 100, and paragraph 3 of Schedule 15 (and section 99 so far as relating to that paragraph);
in this Part— sections 119 to 122, section 124, this section, and sections 126 to 128.
The following provisions of Part 4 come into force at the end of the period of two months beginning with the day on which this Act is passed— section 102, sections 107 to 114, and Schedule 17.
The following provisions come into force on 1st September 2005 or, if this Act is passed after 1st July 2005, at the end of the period of two months beginning with the day on which it is passed—
Part 3 (including Schedules 13 to 15), except the provisions specified in subsection (1)(b), and
Part 3 of Schedule 19 (and section 123 so far as relating to that Part of that Schedule).
The remaining provisions of this Act come into force in accordance with provision made by the appropriate authority (as defined in section 126) by order.
This section has effect for determining who is the appropriate authority for the purposes of section 125(4).
In relation to Part 1, the appropriate authority is—
the Secretary of State, for the following provisions— Chapters 1 and 2 (including Schedule 1); sections 48 and 49; paragraphs 1 to 4 of Schedule 7 (and section 53 so far as relating to those paragraphs); paragraphs 1 to 5, 23 and 26 of Schedule 9 (and section 61 so far as relating to those paragraphs),
the Assembly, for the following provisions— Chapters 3 and 4 (including Schedules 2 to 4); section 50 (including Schedule 6); section 52; sections 55 to 57; paragraph 5 of Schedule 7 (and section 53 so far as relating to that paragraph); paragraphs 6, 7, 22, 24, 25 and 27 of Schedule 9 (and section 61 so far as relating to those paragraphs), and
for the other provisions of the Part—
in relation to England, the Secretary of State, and
in relation to Wales, the Assembly.
In relation to Part 2, the appropriate authority is—
for sections 70 and 71 and paragraph 9 of Schedule 12 (and section 72 so far as relating to that paragraph)—
in relation to England, the Secretary of State, and
in relation to Wales, the Assembly, and
for the other provisions of the Part, the Secretary of State.
In relation to Part 4, the appropriate authority is—
the Secretary of State, for the following provisions— sections 103 and 104; paragraph 8 of Schedule 16 (and section 101 so far as relating to that paragraph); paragraphs 2 to 4 of Schedule 18 (and section 117 so far as relating to those paragraphs), and
for the other provisions of the Part—
in relation to England, the Secretary of State, and
in relation to Wales, the Assembly.
In relation to section 123 and Schedule 19, the appropriate authority is—
the Secretary of State, for a repeal contained in Part 2 of the Schedule, and
for a repeal contained in Part 1 or 4 of the Schedule, the appropriate authority for the purposes of section 125(4) in relation to the provision on which the repeal is consequential.
Subject to subsections (2) and (3), this Act extends to England and Wales only.
The following provisions extend also to Scotland and Northern Ireland—
Any amendment or repeal made by this Act has the same extent as the enactment amended or repealed.
This Act may be cited as the Education Act 2005.
This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).
“prescribed” means prescribed by regulations;
There are to be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Secretary of State may determine. In the case of any such Chief Inspector as may be determined by the Secretary of State, there is to be paid— as may be so determined. If, when any person ceases to hold office as Chief Inspector, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Secretary of State.
The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief Inspector as if—
he were included in the first column of the Schedule to that Act,
he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and
the regulations referred to in that Act included any document issued by him or any such person.
A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to consist of— To be qualified for appointment as chairman of a tribunal, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis. A person may not be appointed after the day on which he attains the age of 75 to be the chairman of a tribunal. A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals. A chairman or other member of a tribunal must vacate office on reaching the age of 75. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.
“member of the school workforce” has the same meaning as in Part 3.
Subject to sub-paragraph (3) and paragraph 2(8), anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector may be done by— who is authorised generally or specially in that behalf by the Chief Inspector. Without prejudice to the generality of sub-paragraph (1), the references to the Chief Inspector in sections 4 and 10 (powers of entry) include references to any person authorised to act on his behalf under sub-paragraph (1). The making of any report of an inspection of a school under section 5 which states the opinion that special measures are required to be taken in relation to the school must be personally authorised by—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies to proposals to establish a foundation or voluntary controlled school which fall to be implemented under paragraph 10. Proposals made by a local education authority must be implemented by the authority. In any other case, the proposals must be implemented by the local education authority which published them and the promoters, respectively, to such extent (if any) as the proposals provide for each of them to do so. Where a local education authority are required under sub-paragraph (2) or (3) to provide a site for a proposed foundation or voluntary controlled school, paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 (c. 31) (provision of site and buildings for a foundation, voluntary controlled or foundation special school) applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.
Section 23 of the Higher Education Act 2004 (duty of Secretary of State to impose condition as to student fees, etc.) is amended as follows. In subsection (1)— In subsection (2), in paragraph (b) of the definition of “funding body”, for “Teacher Training Agency” substitute “Training and Development Agency for Schools”.
In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), in subsection (3) for paragraph (e) substitute—.
In section 36 of the Children Act 1989 (education supervision orders), in subsection (5) for paragraph (b) substitute—.
Every inspection must be conducted by a registered inspector or member of the Inspectorate with the assistance of a team (“an inspection team”); and no person may act as a member of an inspection team unless— It is the duty of the inspector conducting the inspection to ensure that— Otherwise, the composition of the inspection team is to be determined by the inspector conducting the inspection, subject (in the case of a registered inspector) to his complying with any condition imposed under section 25(4)(c). Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the inspector conducting the inspection. It is the duty of the inspector conducting the inspection to ensure that no person takes part in an inspection if he has, or has at any time had, any connection with— of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.
Where an inspection is arranged, the appropriate authority for the school concerned must—
take such steps as are reasonably practicable to notify— of the time when the inspection is to take place, and
the parents of registered pupils at the school, and
such other persons as may be prescribed,
arrange a meeting, in accordance with such provisions as may be prescribed, between the inspector conducting the inspection and those parents of registered pupils at the school who wish to attend.
This paragraph applies to an inspection where, at any time— the inspector conducting the inspection becomes (for any reason) unable to continue to discharge his functions as an inspector in relation to the inspection. If the conditions set out in sub-paragraph (3) are satisfied— The conditions are—
The governing body to whom an inspector has reported under this Schedule must, before the end of the prescribed period, prepare a written statement (“the action plan”) of the action which they propose to take in the light of his report and the period within which they propose to take it. Where an action plan has been prepared by a governing body, they must, before the end of the prescribed period, send copies of it to the person who appoints the school's foundation governors, to the local authority and to such other persons (if any), in such circumstances, as may be prescribed. The governing body must— Where the governing body of a school have prepared an action plan, they must include in their governors' report under section 30 of the Education Act 2002 (c. 32) a statement of the extent to which the proposals set out in the plan have been carried into effect. Sub-paragraph (4) applies only in relation to the most recent action plan for the school in question.
In section 24 of the Higher Education Act 2004 (condition to be imposed by English funding bodies), in subsection (4)(c), for “section 5 of the 1994 Act” substitute “section 78 of the 2005 Act”.
For section 27 of the Higher Education Act 2004 (power of Assembly to impose conditions as to student fees, etc.) substitute—
Section 28 of the Higher Education Act 2004 (c. 8) (condition that may be required to be imposed by HEFCW) is amended as follows. For the heading substitute “Condition that may be required to be imposed by Welsh funding bodies”. In subsection (3), for “the Higher Education Funding Council for Wales” substitute “the funding body”. In subsection (4)(c), for “section 5 of the 1994 Act” substitute “section 78 or 86 of the 2005 Act”. “funding body” has the same meaning as in section 27;
In section 29 of the Higher Education Act 2004 (sections 23 to 28: supplementary provisions), in subsection (3)—
for “the 1994 Act” substitute “the 2005 Act”, and
for “Teacher Training Agency” substitute “Training and Development Agency for Schools”.
In section 31 of the Higher Education Act 2004 (Director of Fair Access to Higher Education), in subsection (5), for “from the Teacher Training Agency under section 5 of the 1994 Act” substitute “from the Training and Development Agency for Schools under section 78 of the 2005 Act”.
In section 34 of the Higher Education Act 2004 (approval of plans), in subsection (1) for “section 5 of the 1994 Act” substitute “section 78 or 86 of the 2005 Act”.
In section 37 of the Higher Education Act 2004 (enforcement of plans: England), in subsection (1)(a) for “Teacher Training Agency” substitute “Training and Development Agency for Schools”.
In section 38 of the Higher Education Act 2004 (enforcement of plans: Wales), after “the Council” insert “or the Training and Development Agency for Schools”.
In section 40 of the Higher Education Act 2004 (provision of information), for “Teacher Training Agency” (in both places) substitute “Training and Development Agency for Schools”.
Section 41 of the Higher Education Act 2004 (interpretation of Part 3) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2)(a), for “section 5 of the 1994 Act” substitute “section 78 or 86 of the 2005 Act”. After subsection (2), insert—
In section 48 of the Higher Education Act 2004 (c. 8) (general interpretation)—
omit the definition of “the 1994 Act”, and
“the 2005 Act” means the Education Act 2005;
Section 19
Section 27
Section 28
“prescribed” means prescribed by regulations;
Regulations may provide that, where proposals referred to the adjudicator under paragraph 10(1) consist of or include proposals to establish an Academy, the adjudicator must within the prescribed period consult the Secretary of State in accordance with regulations, before taking any decision under that paragraph. The adjudicator may not approve under paragraph 11 proposals to establish an Academy unless the Secretary of State, on being consulted under sub-paragraph (1), has indicated in accordance with regulations that, if the proposals were approved, he would be willing to commence negotiations with a view to entering into an agreement under section 482 of the Education Act 1996 (c. 56) for the establishment of an Academy. Approval under paragraph 11 of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, an agreement under section 482 of the Education Act 1996.
Proposals published under paragraph 7 require the approval of the school organisation committee under this paragraph or of the adjudicator under paragraph 11. Where the school organisation committee receive a copy of the proposals published under paragraph 7, they must (subject to sub-paragraph (3) and (8)) either— The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any proposals which would otherwise fall to be dealt with by them under sub-paragraph (2). Any approval given under this paragraph may, with the consent of the Secretary of State, be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified. When deciding whether or not to give any approval under this paragraph the committee must have regard to any guidance given from time to time by the Secretary of State. If— the committee must refer the Secretary of State’s proposals to the adjudicator. If the committee— the committee must refer the Secretary of State’s proposals to the adjudicator. The Secretary of State may at any time give a direction to a school organisation committee requiring them to refer to the adjudicator— Where a school organisation committee refer any proposals to the adjudicator under sub-paragraph (6), (7) or (8), they must also refer to him any comments of the committee on the proposals. Sub-paragraph (1) does not prevent the Secretary of State from withdrawing any proposals published under paragraph 7 by notice in writing given to the school organisation committee at any time before the proposals are determined under this paragraph or paragraph 11.
In this Schedule—
The Chief Inspector must keep a list of persons who may act as members of an inspection team by virtue of paragraph 3(1)(a) (“the list”). The Chief Inspector may not enrol any person in the list unless, having regard to any conditions that he proposes to impose under section 25(4)(c) (as it applies in accordance with sub-paragraph (4) of this paragraph), it appears to him that that person— An application for enrolment in the list must (except in such circumstances as may be prescribed) be accompanied by the prescribed fee. Subsections (3)(a), (4), (5)(b) and (6) to (9) of section 25 apply in relation to the enrolment of a person in the list and acting as a member of an inspection team as they apply in relation to the registration of a person under subsection (1) of that section and to acting as a registered inspector, but as if the reference in subsection (5)(b) of that section to the need for registered inspectors were a reference to the need for enrolled persons. Sections 26 and 27 and Schedule 3 apply in relation to enrolment on the list and to a person so enrolled as they apply in relation to registration under section 25(1) and to a person so registered, but with any necessary modifications. In its application to an enrolled person in accordance with sub-paragraph (5), section 26 has effect as if the conditions mentioned in subsection (2) of that section were that— Without prejudice to the generality of paragraph 2(1) of Schedule 3, regulations under that provision may provide that, where a person is appealing simultaneously — both appeals are to be heard at the same time.
An inspector conducting an inspection, and the members of his inspection team, have at all reasonable times— Where— sub-paragraph (1) applies in relation to that other school as it applies in relation to the school concerned. An inspector conducting an inspection of a school, and the members of his inspection team, also have at all reasonable times—
In section 63 of the Education Act 2002 (power to require local authority to obtain advisory services) in subsection (1)(a)(i) for “with serious weaknesses” substitute “ requiring significant improvement ”.
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 ”.
Section 46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 50
Section 53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit section 79P of the Children Act 1989 (early years child care inspectorate for England).
Section 79Q of the Children Act 1989 (inspection of provision of child minding and day care in England) is amended as follows. In subsection (1), for “provision” substitute “ provider ”. In subsection (2), omit “or secure the inspection by a registered inspector of”. In subsection (3), omit “or secure the inspection by a registered inspector of”. Omit subsection (4). After subsection (5) insert— For subsection (6) substitute— Omit subsection (7).
Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is amended as follows. Omit subsections (1) and (2). For subsection (3) substitute— After subsection (3) insert— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended as follows. In subsection (2)(a), omit “the quality and standards of”. In subsection (4), for “section 42A of the School Inspections Act 1996” substitute “ section 29 of the Education Act 2005 ”.
In section 79U of the Children Act 1989 (rights of entry etc.), in subsection (4), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.
Section 122 of the School Standards and Framework Act 1998 (c. 31) (inspection of nursery education) is amended as follows. In subsection (3), for “the Chief Inspector” substitute “ the Chief Inspector for Wales ”. In subsection (4), for “ “the Chief Inspector” means Her Majesty's Chief Inspector of Schools in England or” substitute “ “the Chief Inspector for Wales” means“” .
Schedule 26 to the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.
Paragraph 1 is amended as follows. In sub-paragraph (1)— In sub-paragraph (2), for the words from “to whom” onwards substitute “ with whom a local authority are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements ”. For sub-paragraph (3) substitute—
Paragraph 2 is amended as follows. For sub-paragraph (1) substitute— In sub-paragraph (2), after “registered” insert “ Welsh ”. For sub-paragraph (3) substitute— Omit sub-paragraph (4). At the end insert—
In paragraph 3, before the “and” immediately following paragraph (a) insert—.
For paragraphs 6 and 7 substitute—
At the end of the heading before paragraph 8 insert “ for Wales ”.
Paragraph 8 is amended as follows. In sub-paragraph (1), omit the words from the beginning to “England and”. After “Chief Inspector” wherever occurring in sub-paragraphs (2) to (8) insert “ for Wales ”. In sub-paragraph (2)— In sub-paragraph (3)— In sub-paragraph (5), omit “England and”. In sub-paragraph (7), for “registered nursery education inspector” substitute “ registered Welsh nursery education inspector ”.
Paragraph 9 is amended as follows. In sub-paragraph (1), after “Chief Inspector” insert “ for Wales ”. In sub-paragraph (2)— In sub-paragraph (3), after “Chief Inspector” insert “ for Wales ”. Omit sub-paragraph (5).
Paragraph 10 is amended as follows. In sub-paragraph (1), after “Chief Inspector” insert “ for Wales ”. Omit sub-paragraph (1A). For sub-paragraph (2) substitute— In sub-paragraphs (4) and (5) after “Chief Inspector” insert “ for Wales ”.
For the heading before paragraph 11 substitute “ Training of registered Welsh nursery education inspectors ”.
Paragraph 11 is amended as follows. In sub-paragraph (1)— In sub-paragraphs (2) and (3), after “Chief Inspector” insert “ for Wales ”.
In paragraph 12, for “6” substitute “ 6B ”.
For paragraph 13 (and the heading immediately preceding it) substitute—
For paragraph 14 substitute—
In paragraph 16, for “6” substitute “ 6A or 6B ”.
For paragraph 17 substitute—
Paragraph 18 is amended as follows. For sub-paragraph (1) substitute— For sub-paragraphs (3) and (4) substitute—
Section 54
In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).
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For sections 163 and 164 of the 2002 Act substitute—
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In section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit the definition of “registered inspector”.
Section 61
a pupil referral unit, or
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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) ”.
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Section 67
In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).
In this Schedule—
“powers to make or invite proposals for the establishment, alteration or discontinuance of schools” means all or any of the powers of the local education authority—
to publish proposals under section 28, 28A, 29 or 31 of the 1998 Act, or
to publish a notice under section 66 of this Act and then, if they think fit, proposals of their own under subsection (5)(b) of that section;
“powers to make proposals for the alteration of their school”, in relation to the governing body of a foundation, voluntary or foundation special school, means their powers to publish proposals under section 28(2)(b) or 31(2)(a) of the 1998 Act.
This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools— is, or is likely to become, insufficient. The Secretary of State may— with a view (in each case) to securing that provision is made for such additional number of pupils in the area, or in any such part of the area, as may be specified in the direction. A direction under sub-paragraph (2) must— An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school. Where any proposals under the 1998 Act are published in pursuance of a direction under sub-paragraph (2), the body concerned must (in addition to complying with section 28(6), 28A(6), 29(5) or 31(5) of the 1998 Act) send— to the Secretary of State. Where a notice under section 66 is published in pursuance of a direction under sub-paragraph (2), the local education authority concerned must send— to the Secretary of State.
The Agency— If a person ceases to be a member of the Agency and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Agency to make to that person a payment of such amount as the Secretary of State may determine. The Agency must pay to the members of any of their committees who are not members of the Agency such travelling, subsistence or other allowances as the Secretary of State may determine.
The Agency may authorise the chairman, the chief officer or any committee established under paragraph 8 to exercise such of their functions as they may determine.
Section 398 of the Education Act 1996 (no requirements of attendance at Sunday school etc.) is amended as follows. In paragraph (b) for “teacher training” substitute “any training for members of the school workforce”. Renumber the section as so amended as subsection (1), and at the end insert—
Section 450 of the Education Act 1996 (prohibition of charges for admission) is amended as follows. In subsection (2), for paragraph (c) substitute— After that subsection insert—
Where— he may make any such proposals as might have been made in accordance with the direction relating to that area or that part of that area by the person to whom the direction was given. In determining for the purposes of sub-paragraph (1) what proposals might have been made by a local education authority under section 28A of the 1998 Act, it is to be assumed that no notice under section 66 of this Act has been published and that the Secretary of State consents to the publication of the proposals under section 28A. The conditions referred to in sub-paragraph (1)(b) are— Proposals under this paragraph must— as may be prescribed. The Secretary of State must send a copy of the proposals to the school organisation committee for the area to which the proposals relate.
This paragraph applies to proposals for a school in England to cease to be an establishment which admits pupils of one sex only. Sub-paragraph (3) applies where such proposals are made under paragraph 7 and, in accordance with sub-paragraph (5) of that paragraph, the Secretary of State sends a copy of the published proposals to the school organisation committee. The sending of the published proposals to the school organisation committee by the Secretary of State is to be treated as an application by the responsible body for the making by the school organisation committee of a transitional exemption order, and the committee may make such an order accordingly. Where— they must refer the question whether to make a transitional exemption order to the adjudicator. Where that question is referred to the adjudicator— In this paragraph— and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration of a school’s admission arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).
Section 72
Section 77
Section 98
Section 99
Section 101
In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).
Section 107
Schedule 22 to the School Standards and Framework Act 1998 (c. 31) (disposal of land in case of certain schools and disposals on discontinuance) is amended as follows.
Paragraph 1 (disposal of land by governing body of foundation, voluntary or foundation special school) is amended as follows. In sub-paragraph (1)— This paragraph does not apply to any disposal which— In sub-paragraph (2), for “any such disposal” substitute “any disposal to which this paragraph applies”. In sub-paragraph (3), after “any such disposal” insert “and he decides to give that consent”.
In paragraph 2 (disposal of land by foundation body), in sub-paragraph (3) after “any such disposal” insert “and he decides to give that consent”.
After paragraph 2 insert—
Paragraph 3 (disposal of land by trustees of foundation, voluntary or foundation special school) is amended as follows. In sub-paragraph (1)— Nothing in sub-paragraph (1) applies in relation to any disposal to the extent that it is a disposal to which paragraph 2A applies.
Paragraph 5 (discontinuance of foundation, voluntary and foundation special schools: land) is amended as follows. Where the school is a foundation or foundation special school which has a foundation, the trustees of the school shall apply to the Secretary of State for him to exercise his powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), (b) or (c) which is held by the trustees for the purposes of the school. On an application under sub-paragraph (4A), the Secretary of State may do one or more of the following, namely— In sub-paragraph (5)— In sub-paragraph (6)(a), after “falling within paragraph 3(1) or (2)” insert “but not within paragraph 2A(1)(a), (b) or (c)”.
Section 117
Section 123
Short title and chapter Extent of repeal Parliamentary Commissioner Act 1967 (c. 13) In Schedule 4, the entry beginning “Registered Inspectors of Schools Appeal Tribunals”. Children Act 1989 (c. 41) Section 79P. In section 79Q— in subsection (2), the words “or secure the inspection by a registered inspector of”, in subsection (3), the words “or secure the inspection by a registered inspector of”, subsection (4), and subsection (7). Section 79R(1) and (2). In section 79T(2)(a), the words “the quality and standards of”. Education Act 1996 (c. 56) In section 578(1), the words “the School Inspections Act 1996”. School Inspections Act 1996 (c. 57) The whole Act. Education Act 1997 (c. 44) Section 42. Schedule 6. Teaching and Higher Education Act 1998 (c. 30) Sections 35 and 35A. School Standards and Framework Act 1998 (c. 31) Section 15(5). Section 127(6)(l). Section 134(1). Section 135. In Schedule 26— paragraph 2(4), in paragraph 8, in sub-paragraph (1), the words from the beginning to “England, and” and in sub-paragraph (5) the words “England and”, paragraph 9(5), paragraph 10(1A). Part 1 of Schedule 28. In Schedule 30, paragraphs 190 to 206. Protection of Children Act 1999 (c. 14) Section 9(2)(ca). Learning and Skills Act 2000 (c. 21) Section 81. In Schedule 7, paragraphs 9 and 14. In Schedule 9, paragraphs 65 to 68. Education Act 2002 (c. 32) Section 54. Section 56(2). In section 171, the definition of “registered inspector”. Section 179. Section 188. In Schedule 7, paragraph 7. In Schedule 14, paragraphs 1 and 5 to 7. Schedule 16. In Schedule 21, paragraph 59 to 68.
Short title and chapter Extent of repeal School Standards and Framework Act 1998 In section 28, subsection (1A), in subsection (2) the words “(otherwise than pursuant to a notice under section 70 of the Education Act 2002)”, and subsection (4). In Schedule 6, paragraph 4(3)(d). In Schedule 7— paragraph 2(5), paragraph 3(5), in paragraph 4, sub-paragraphs (1) to (6) and, in sub-paragraph (7), the words “(whether relating to an area in England or in Wales)”, paragraph 5(3), paragraphs 6 to 10, and paragraph 16. In Schedule 30, paragraphs 59 and 145(a). Education Act 2002 (c. 32) Sections 70 and 71. Section 74. In Schedule 8, paragraphs 1 to 8 and 9(1). In Schedule 21, paragraph 97.
Short title and chapter Extent of repeal Public Records Act 1958 (c. 51) In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entry relating to the Teacher Training Agency. Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entry relating to the Teacher Training Agency. House of Commons Disqualification Act 1975 (c. 24) In Schedule 1, in Part 3, the entry “Any member of the Teacher Training Agency in receipt of remuneration”. Education (No. 2) Act 1986 (c. 61) Section 50. Education Act 1994 (c. 30) Sections 1 to 11. Sections 12 to 17. Section 19(1) to (4). In section 23, in subsections (1) and (2), the words “Part I or” and subsection (3). Schedule 1. In Schedule 2, paragraphs 1, 3 and 4. Education Act 1996 (c. 56) In Schedule 37, paragraph 65. Teaching and Higher Education Act 1998 (c. 30) Section 20. School Standards and Framework Act 1998 (c. 31) In Schedule 30, paragraph 54. Learning and Skills Act 2000 (c. 21) In Schedule 9, paragraph 48. Freedom of Information Act 2000 (c. 36) In Schedule 1, the entry relating to the Teacher Training Agency. Special Educational Needs and Disability Act 2001 (c. 10) Section 40(2). Education Act 2002 (c. 32) In Schedule 21, paragraph 25. Higher Education Act 2004 (c. 8) In section 48, the definition of “the 1994 Act”.
Short title and chapter Extent of repeal School Standards and Framework Act 1998 (c. 31) Section 45A(5) and (6). Special Educational Needs and Disability Act 2001 (c. 10) Section 14(2). In Schedule 8, paragraph 5. Education Act 2002 (c. 32) Section 41(2). Section 42. In Schedule 21, paragraphs 39(5), 124(3) and 125(3). Local Government Act 2003 (c. 26) In Schedule 7, paragraph 66.