Education Act 2002 (c. 32)

(The document as of February, 2008)

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8 In section 12 (deduction of fees from salaries etc) in subsection (4), after "section--" there is inserted--

" "registration" means full registration or provisional registration; " .

9 In section 42 (orders and regulations), in subsection (2) (a) (orders subject to negative resolution procedure), after "section 7 or 8" there is inserted "or paragraph 18 of Schedule 1".

10 In section 43(1) (general interpretation), in the definition of "registered teacher" after "section 3" there is inserted "with full or provisional registration".

11 In Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted--

" Power to amend Schedule

18 (1) The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of removing or relaxing any control exercisable by him by virtue of any of the provisions of this Schedule specified in sub-paragraph (2).

(2) Those provisions are--

(a) paragraph 2(3),

(b) paragraph 4,

(d) paragraph 6,

(e) paragraph 11

(f) paragraph 14(2). "

12 (1) Schedule 2 (disciplinary powers of Council) is amended as follows.

(2) For paragraph 4 (suspension orders) there is substituted--

" 4 (1) Where a suspension order is made in relation to a person--

(a) he shall cease to be eligible for registration under section 3, and

(b) if he is a registered person at the time when the order is made, his name shall be removed from the register accordingly,

but, subject to sub-paragraph (2), he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order.

(2) A suspension order may specify conditions to be complied with by the person to whom the order relates and where it does so--

(a) that person shall become eligible again for registration under section 3 at the end of the period specified under sub-paragraph (1) only if he has then complied with the conditions; and

(b) if he has not then complied with the conditions, he shall not become so eligible again until he has complied with the conditions.

(3) Sub-paragraphs (a) and (b) of paragraph 3(2) apply in relation to a suspension order as they apply in relation to a conditional registration order.

(4) A person in relation to whom conditions have been specified in a suspension order may, in accordance with regulations, apply to the Council for them to vary or revoke any of the conditions. "

(3) In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted--

" (1A) References in this Schedule to registration under section 3 are references to registration under that section with full or provisional registration. "

Part 2 Amendments of other enactments

13 The Police Act 1997 (c. 50) is amended as follows.

14 In section 113 (criminal record certificates), after subsection (3F) (as inserted by paragraph 7(3) of Schedule 13) there is inserted--

" (3G) The references in subsections (3A) and (3C) to considering the applicant's suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to considering, for the purposes of section 3 of the Teaching and Higher Education Act 1998 (registration of teachers with the General Teaching Council for England or the General Teaching Council for Wales), his suitability to be a teacher. "

15 (1) Section 115 (enhanced criminal record certificates) is amended as follows.

(2) In subsection (5), after paragraph (eb) there is inserted--

" (ec) registration under section 3 of the Teaching and Higher Education Act 1998 (registration of teachers with the General Teaching Council for England or the General Teaching Council for Wales); " .

(3) After subsection (6BA) (as inserted by paragraph 8(3) of Schedule 13) there is inserted--

" (6BB) The references in subsections (6A) and (6B) to considering the applicant's suitability to be employed, supplied to work, found work or given work in a position falling within section 113(3B) or (3D) include references to considering, for the purposes of section 3 of the Teaching and Higher Education Act 1998, his suitability to be a teacher. "

Section 152

SCHEDULE 13 Regulation of child minding and day care

Consent to checks on suitability

1 In section 79B of the Children Act 1989 (c. 41) (persons qualified for registration for child minding or day care), after subsection (5) there is inserted--

" (5A) Where, for the purposes of determining a person's qualification for registration under this Part--

(a) the registration authority requests any person ("A") to consent to the disclosure to the authority by another person ("B") of any information relating to A which is held by B and is of a prescribed description, and

(b) A does not give his consent (or withdraws it after having given it),

the registration authority may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children. "

Suspension of registration

2 In section 79H of that Act (suspension of registration), after subsection (2) there is inserted--

" (3) A person registered under this Part for child minding by the Chief Inspector shall not act as a child minder in England at a time when that registration is suspended in accordance with regulations under this section.

(4) A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.

(5) A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.

(6) If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. "

Rights of appeal in relation to registration

3 (1) Section 79M of that Act (appeals) is amended as follows.

(2) In subsection (1), after paragraph (b) there is inserted " or

(c) a determination made by the registration authority under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description, " .

(3) In subsection (2)(a), after "order" there is inserted "or determination".

Inspections by Chief Inspector

4 (1) Section 79Q of that Act (inspection of childminding and day care) is amended as follows.

(2) In subsection (2), for the words from "secure" to the end there is substituted "at prescribed intervals inspect, or secure the inspection by a registered inspector of, any child minding provided in England by a registered person".

(3) In subsection (3), for the words from "secure" to the end there is substituted "at prescribed intervals inspect, or secure the inspection by a registered inspector of, any day care provided by a registered person on any premises in England".

Rights of entry etc.

5 (1) Section 79U of that Act (rights of entry etc.) is amended as follows.

(2) In subsection (1), for "An authorised inspector" there is substituted "Any person authorised for the purposes of this subsection by the registration authority".

(3) In subsection (2), for "an authorised inspector" there is substituted "a person who is authorised for the purposes of this subsection by the registration authority".

(4) After that subsection there is inserted--

" (2A) Authorisation under subsection (1) or (2)--

(a) may be given for a particular occasion or period;

(b) may be given subject to conditions. "

(5) In subsection (3), for the words from "An inspector" to "may-" there is substituted "A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))--".

(6) Subsection (5) shall cease to have effect.

(7) In subsection (9), the definition of "authorised inspector" shall cease to have effect.

Disqualification for registration

6 In paragraph 4 of Schedule 9A to that Act (disqualification for registration for child minding and day care), after sub-paragraph (3) there is inserted--

" (3A) Regulations under this paragraph may provide for a person not to be disqualified for registration by reason of any fact which would otherwise cause him to be disqualified if--

(a) he has disclosed the fact to the registration authority, and

(b) the registration authority has consented in writing to his registration and has not withdrawn that consent. "

Disclosure of criminal record

7 (1) Section 113 of the Police Act 1997 (c. 50) (criminal record certificates) is amended as follows.

(2) In subsection (3E)(c) the words "under Part XA of the Children Act 1989" are omitted.

(3) After that subsection there is inserted--

" (3F) The references in subsections (3A) and (3C) to considering the applicant's suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to considering, for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales), his suitability--

(a) to look after or be in regular contact with children under the age of eight, or

(b) in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, to look after children within the meaning of that section. "

8 (1) Section 115 of that Act (enhanced criminal record certificates) is amended as follows.

(2) In subsection (5)(e), after "that Act" there is inserted ", or the holding of a certificate under section 79W of that Act,".

(3) After subsection (6B) there is inserted--

" (6BA) The references in subsections (6A) and (6B) to considering the applicant's suitability to be employed, supplied to work, found work or given work in a position falling within section 113(3B) or (3D) include references to considering, for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales) his suitability--

(a) to look after or be in regular contact with children under the age of eight, or

Section 155

SCHEDULE 14 Inspection of nursery education

Conduct of inspections by Inspectorate

1 In paragraph 6 of Schedule 26 to the School Standards and Framework Act 1998 (c. 31) (inspection of nursery education in England and Wales) , in sub-paragraph (1)(a), (b) and (c) (Chief Inspector to secure that nursery education be inspected by registered inspector), after "inspected by" there is inserted "a member of the Inspectorate or".

Registration of inspectors

2 (1) Paragraph 8 of that Schedule (registration of inspectors) is amended as follows.

(2) In sub-paragraph (3), for "(5)(c)" there is substituted "(5B)".

(3) For sub-paragraphs (4) and (5) there is substituted--

" (4) Subject to that, the Chief Inspector shall register such persons as he considers appropriate.

(5) The factors which the Chief Inspector may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of England and Wales.

(5A) The Chief Inspector may require payment of a fee before registering a person under sub-paragraph (4).

(5B) Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector considers it appropriate to impose. "

(4) In sub-paragraphs (6) and (7), for "(5)(c)" there is substituted "(5B)".

(5) Sub-paragraph (9) shall cease to have effect.

3 In paragraph 9 of that Schedule (removal from register), in sub-paragraphs (2)(c) and (4), for "paragraph 8(5)(c)" there is substituted "paragraph 8(5B)".

4 In section 79P(3) of the Children Act 1989 (c. 41) (early years child care inspectorate), for "to (9)" there is substituted "to (8)".

Appeals

5 (1) Paragraph 10 of Schedule 26 to the School Standards and Framework Act 1998 (c. 31)(appeals relating to registration) is amended as follows.

(2) After sub-paragraph (1) there is inserted--

" (1A) An appeal under sub-paragraph (1) against a decision of Her Majesty's Chief Inspector of Schools in England shall be made to the Tribunal established under section 9 of the Protection of Children Act 1999. "

(3) In sub-paragraph (2), after "sub-paragraph (1)" there is inserted "against a decision of Her Majesty's Chief Inspector of Education and Training in Wales".

6 In section 9(2) of the Protection of Children Act 1999 (c. 14) (jurisdiction of the Tribunal), for paragraph (ca) there is substituted--

" (ca) on an appeal under paragraph 10(1A) of Schedule 26 to the School Standards and Framework Act 1998; " .

7 Nothing in paragraph 5 or 6 affects appeals made under paragraph 10(1) of Schedule 26 to the School Standards and Framework Act 1998 before the commencement of this Schedule.

Section 187

SCHEDULE 15 Education action zones

Introductory

1 Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.

Establishment of education action zones

2 (1) In section 10, in subsection (1) for "maintained schools" there is substituted "eligible schools".

(2) After that subsection there is inserted--

" (1A) For the purposes of subsection (1) "eligible school" means--

(a) a maintained school;

(b) a nursery school;

(d) an independent school. "

(3) Subsection (3) of that section is omitted.

(4) In subsection (4) of that section, for ", (2) or (3)" there is substituted "or (2)".

(5) In subsection (6) of that section, for paragraphs (a) and (b) there is substituted--

" (a) references to a governing body--

(i) in relation to an independent school (other than an Academy, city technology college or city college for the technology of the arts), are to the proprietor of the school, and

(ii) in relation to a new school, include the temporary governing body of the school;

(b) "participating school", in relation to an education action zone, means one of the schools that--

(i) for the time being is included in the order under subsection (1), or

(ii) has been added to the zone by virtue of section 11B,

other than a school that has been removed from the zone in accordance with section 11C;

(d) "new school" has the meaning given in section 72(3). "

(6) Subsection (7) of that section is omitted.

Constitution of Education Action Forum

3 In section 11, the following provisions are omitted--

(a) in subsection (2) the words from "and" to the end, and

(b) subsection (3).

4 After that section there is inserted--

" 11A Constitution of Education Action Forum

(1) The members of an Education Action Forum must include--

(a) one person appointed by the governing body of each of the participating schools, unless the governing body of any such school choose not to make such an appointment, and

(b) one or two persons appointed by the Secretary of State, unless he chooses not to make such appointments.

(2) Subject to that, an Education Action Forum--

(a) shall initially be constituted in accordance with the order under section 10(1), and

(b) may subsequently alter its membership (as set out in that order or as previously altered under this paragraph).

(3) In subsection (2) the references to altering the Forum's membership include--

(a) altering the number of members, and

(b) altering who may appoint members.

(4) An alteration may be made under subsection (2)(b) only if it is made--

(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b) with the consent of the Secretary of State. "

Expansion or reduction of zone

5 After section 11A (inserted by paragraph 4) there is inserted--

" 11B Expansion of zone

(1) An Education Action Forum established for an education action zone may add--

(a) any eligible school (within the meaning of section 10(1A)), or

(b) any new school which has a temporary governing body,

to the zone.

(2) But a school may be added under this section only if it is added--

(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b) with the consent of the governing body of the school and of the Secretary of State.

(3) For the purposes of this section references to a school being added to an education action zone are to it becoming one of the schools which constitute collectively the zone.

11C Removal from zone

(1) An Education Action Forum established for an education action zone may remove a participating school from the zone.

(2) But a school may be removed under this section only if it is removed--

(a) in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

(b) with the consent of the Secretary of State.

(3) For the purposes of this section references to a school being removed from an education action zone are to it ceasing to be one of the schools which constitute collectively the zone. "

Information relating to changes to zone or Forum

6 After section 11C (inserted by paragraph 5) there is inserted--

" 11D Information relating to a Forum and its zone

(1) An Education Action Forum established for an education action zone must provide the Secretary of State with details of--

(a) any alteration made to its constitution under section 11A(2)(b),

(b) any addition of a school to the zone under section 11B, and

(2) The Forum must also, on a request being made by any person, provide him with--

(a) the name of each member of the Forum and of the person or body that appointed him,

(b) the name of any other person or body entitled to appoint a member, and

(3) But the duty under subsection (2) is subject, in such circumstances as the Forum may determine, to the payment by the person concerned of a reasonable fee determined by the Forum. "

Functions of Education Action Forum

7 After section 12(1) there is inserted--

" (1A) With the consent of the Secretary of State, a Forum may also carry on any other activities which it considers will promote the provision of, or access to, education whether in a participating school or otherwise. "

Transitional provision

8 (1) Any provision of an order under section 10 of the School Standards and Framework Act 1998 (c. 31) having effect immediately before the commencement of this Schedule which requires the Forum to include one or two persons appointed by the Secretary of State shall be read as if it were a provision having the same effect as section 11A(1)(b) of that Act.

(2) Any order under subsection (3) of section 10 of that Act which has effect immediately before the commencement of this Schedule shall continue to have effect on or after that time notwithstanding the repeal by this Act of that subsection.

(3) Until such time as section 67 of this Act comes into force, the reference in section 10(6)(a)(i) of the School Standards and Framework Act 1998 (c. 31) to an Academy shall be read as a reference to a city academy.

(4) Where before the commencement of this Schedule--

(a) an education action zone has been established by an order under section 10(1) of that Act, and

(b) the membership of the Forum set out in that order has been altered by virtue of section 14 of the Interpretation Act 1978 (c. 30),

the powers to alter the Forum's membership conferred by section 11A of the School Standards and Framework Act 1998 are powers to alter the membership as so amended.

Section 188

SCHEDULE 16 Amendments of School Inspections Act 1996

Duty to report on quality of management etc

1 In section 2(1) of the School Inspections Act 1996 (c. 57) (matters of which the Chief Inspector for England is required to keep the Secretary of State informed) for paragraph (c) there is substituted--

" (c) the quality of the leadership in and management of those schools, including whether the financial resources made available to those schools are managed efficiently; " .

2 In section 5(1) of that Act (matters of which the Chief Inspector for Wales is required to keep the National Assembly informed) for paragraph (c) there is substituted--

" (c) the quality of the leadership in and management of those schools, including whether the financial resources made available to those schools are managed efficiently; " .

3 In section 10(5) of that Act (matters on which a registered inspector conducting an inspection under that section must report) for paragraph (c) there is substituted--

" (c) the quality of the leadership in and management of the school, including whether the financial resources made available to the school are managed efficiently; " .

Inspections by members of the Inspectorate etc.

4 In section 12 of that Act (inspections by members of the Inspectorate) for subsection (1) there is substituted--

" (1) In any case where, by virtue of section 10, an inspection of a school is required to be carried out by a registered inspector, the Chief Inspector may, if he considers it expedient to do so, secure that the school is instead inspected by a member of the Inspectorate. "

5 In paragraph 3 of Schedule 3 to that Act (teams for assisting with inspections under section 10) for sub-paragraph (1) there is substituted--

" (1) Every inspection shall be conducted by a registered inspector with the assistance of a team (an "inspection team"); and no person shall act as a member of an inspection team unless--

(a) he is enrolled in the list kept by the Chief Inspector under paragraph 3A; or

(b) he is a member of the Inspectorate and (if he is not the Chief Inspector) is authorised so to act by the Chief Inspector. "

6 In paragraph 3A of that Schedule (enrolment of persons to act as team members) for sub-paragraph (1) there is substituted--

" (1) The Chief Inspector shall keep a list of persons who may act as members of an inspection team by virtue of paragraph 3(1)(a) ("the list"). "

Destination of reports on inspections of maintained schools

7 In section 16(3) of that Act (persons to whom reports must invariably be sent), after sub-paragraph (d) there is inserted " and

(da) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed. "

Action plans

8 In section 17 of that Act (special measures by appropriate authority)--

(a) in subsection (3) (persons to whom action plan must be sent), at the beginning there is inserted "Subject to subsection (3A),"; and

(b) after that subsection there is inserted--

" (3A) Where the report in question is a report of a section 10 inspection of the 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--

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

(b) that the school had serious weaknesses (within the meaning of section 15(4) of the School Standards and Framework Act 1998). "

Approvals for appointment of staff

9 (1) Schedule 1 to that Act (Her Majesty's Chief Inspectors) is amended as follows.

(2) In paragraph 1 (power of Chief Inspector to appoint staff with approval of Treasury or National Assembly), for "the Treasury" there is substituted "the Minister for the Civil Service or (in the case of the Chief Inspector for Wales) the National Assembly for Wales".

(3) In paragraph 2(3) (arrangements for persons other than staff to assist Chief Inspector require agreement of Treasury or National Assembly), for "the Treasury" there is substituted "the Minister for the Civil Service or (in the case of the Chief Inspector for Wales) the National Assembly for Wales".

Section 189

SCHEDULE 17 Amendments of Part 5 of Education Act 1997

The Qualifications and Curriculum Authority

1 (1) Section 23 of the Education Act 1997 (c. 44) (functions of the Qualifications and Curriculum Authority in relation to curriculum and assessment) is amended as follows.

(2) In subsection (1) for the words from "with respect to" to the end there is substituted " with respect to--

(a) pupils at maintained schools in England who have not ceased to be of compulsory school age,

(b) pupils at maintained nursery schools in England, and

(c) children for whom funded nursery education is provided in England otherwise than at a maintained school or maintained nursery school. "

(3) In subsection (2)--

(a) in paragraph (a), for "such schools" there is substituted "maintained schools or maintained nursery schools", and

(b) paragraph (f) and the word "and" immediately preceding it are omitted.

(4) After subsection (2) there is inserted--

" (2A) In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education. "

(5) Subsections (3) and (4) are omitted.

(6) In subsection (5), after "test;" there is inserted--

" "funded nursery education" has the meaning given by section 77 of the Education Act 2002; " .

2 In section 24 of the Education Act 1997 (functions of Qualifications and Curriculum Authority in relation to external vocational and academic qualifications), after subsection (2) there is inserted--

" (2A) In paragraph (f) of subsection (2) "criteria" includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph (g) of that subsection is to be construed accordingly. "

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