Office of Public Sector Information
Section 155
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”.
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)”.
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
1 Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.
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;
(c) a pupil referral unit; or
(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;
(c) “pupil referral unit” has the same meaning as in section 19 of the Education Act 1996 (c. 56);
(d) “new school” has the meaning given in section 72(3).”
(6) Subsection (7) of that section is omitted.
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—
(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.”
5 After section 11A (inserted by paragraph 4) there is inserted—
(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.
(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.”
6 After section 11C (inserted by paragraph 5) there is inserted—
(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
(c) any removal of a school from the zone under section 11C.
(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
(c) the name of each participating school in relation to the zone.
(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.”
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.”
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.
Education Act 2002