Education Act 1993 (repealed)

Section 307.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Children and Young Persons Act 1933 (c. 12)E+W

1Section 10 of the Children and Young Persons Act 1933 (vagrants preventing children from receiving education) is omitted.

The Education Act 1944 (c. 31)E+W

3The Education Act 1944 is amended as follows.

4Section 1(1) (general duty of Secretary of State) is omitted.

5In section 6(1) (local education authorities) the words from “Subject” to “Act” are omitted.

8In section 16(1) (transfer of schools to new sites, etc), “any county school or” and the words following “the new site” are omitted.

11Sections 37 (school attendance orders), 39 (duty of parents to secure regular attendance of registered pupils) and 40 (enforcement of school attendance) are omitted.

14In section 54 (power to ensure cleanliness)—

(a)in subsection (1) after “by them” there is inserted “ and grant-maintained schools within their area ”,

(b)in subsection (6) after “authority” there is inserted “ or at a grant-maintained school ”, and

(c)in subsection (7)—

(i)after “by the authority” there is inserted “ or at a grant-maintained school within the area of the authority ”, and

(ii)for “this Act” there is substituted “ Part IV of the Education Act 1993 ”.

15In section 55 (transport), at end of subsection (3) there is added “ and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres ”.

20In section 76 (pupils to be educated in accordance with the wishes of their parents)—

(a)for “this Act” there is substituted “ the Education Acts 1944 to 1993 ”, and

(b)before “and local education authorities” there is inserted “ the funding authorities ”.

23In section 105 (power of Secretary of State to make loans to aided and special agreement schools in respect of initial expenditure)—

(a)in subsection (2)—

(i)in paragraph (c)(i) after “premises” there is inserted “ or on a transfer of the school to a new site ” and for “a maintenance contribution” there is substituted “ grants under section 281 of the Education Act 1993 ”,

(ii)in paragraph (c)(iii) for the words from “which” to the end there is substituted “ being expenses in respect of which grants under section 281 of the Education Act 1993 may be paid ”,

(iii)paragraph (d) is omitted, and

(iv)in the words following that paragraph, “maintenance contribution” is omitted and for “either of the last two foregoing sections” there is substituted “ section 281 of the Education Act 1993 ”, and

(b)in subsection (3) after “representative of any” there is inserted “ religion or ”.

24In section 114 (interpretation)—

(a)in subsection (1)—

(i)for the definition of “compulsory school age” there is substituted—

““Compulsory school age” shall be construed in accordance with section 277 of the Education Act 1993”

(ii)in the definition of “registered pupil”, for “pupil registered as such” there is substituted “ person registered as a pupil ”,

(iii)in the definition of “secondary school”, “primary or” is omitted, and

(iv)in the definition of “special educational needs” and “special educational provision”, for “1 of the Education Act 1981” there is substituted “ 156 of the Education Act 1993 ”, and

(b)for subsection (1E)(b) there is substituted—

“(b)sections 25 to 27, 29, 37, 60, 63 and 65 of the Education Act 1993, paragraph 9 of Schedule 6 to that Act and Schedule 7 to that Act”.

25In section 116 (saving as to persons of unsound mind and persons detained by order of a court) after “this Act” there is inserted “ or by or under the Education Act 1993 ”.

28In the Eighth Schedule (amendment of enactments), the entry relating to section 10 of the Children and Young Persons Act 1933 is omitted.

The Education (Miscellaneous Provisions) Act 1948 (c. 40)E+W

30Section 9 of the Education (Miscellaneous Provisions) Act 1948 (presumption of age in proceedings to enforce attendance at school) is omitted.

The Education (Miscellaneous Provisions) Act 1953 (c. 33)E+W

32Section 10 of that Act (amendment of procedure for making school attendance orders) is omitted.

The Public Records Act 1958 (c. 51)U.K.

34In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there are inserted at the appropriate places—

“Curriculum Council for Wales”,

“Funding Agency for Schools”,

“School Curriculum and Assessment Authority”, and

“Schools Funding Council for Wales”.

The Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)E

35In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “1953” there is substituted “ 1993 ”.

The Criminal Justice Act 1967 (c. 80)E+W

40In Schedule 3 to the Criminal Justice Act 1967 (increase of fines), the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944 are omitted.

The Education Act 1968 (c. 17)E+W

41In section 1(1) of the Education Act 1968 (changes to character, size or situation of schools) for “1967” there is substituted “ 1993 ”.

The Children and Young Persons Act 1969 (c. 54)E+W

42Paragraphs 2 and 13 of Schedule 5 to the Children and Young Persons Act 1969 (minor and consequential amendments of enactments) are omitted.

The Local Authorities (Goods and Services) Act 1970 (c. 39)E+W+S

43(1)Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include the School Curriculum and Assessment Authority and the Curriculum Council for Wales.

(2)The provision in sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).

The Sex Discrimination Act 1975 (c. 65)E+W+S

56In section 23(1) of the Sex Discrimination Act 1975 (other discrimination by local education authorities) for “1981” there is substituted “ 1993 ”.

The Race Relations Act 1976 (c. 74)E+W+S

64In section 18(1) of the Race Relations Act 1976 (other discrimination by local education authorities) for “1981” there is substituted “ 1993 ”.

The Criminal Law Act 1977 (c. 45)E+W

68In Schedule 6 to the Criminal Law Act 1977 (increase of fines for certain summary offences) the entry relating to the Education Act 1944 is omitted.

The National Health Service Act 1977 (c. 49)E+W

69In section 28A(2) of the National Health Service Act 1977 (power to make payments to local education authority) for “1981” there is substituted “ 1993 ”.

The Education Act 1980 (c. 20)E+W

72The Education Act 1980 is amended as follows.

75Sections 10 (determination of school to be named in school attendance order) and 11 (amendment of school attendance order) are omitted.

77In section 14 (approval of school premises)—

(a)in subsection (1)(c), after “school” there is inserted “ or the transfer of a school to a new site ”, and

(b)subsection (4) is omitted.

78In section 16 (provisions supplementary to sections 12 to 15), after subsection (1) there is inserted—

“(1A)Subsection (1) above does not apply to the transfer of a school to a new site—

(a)if the transfer is authorised by an order under section 16(1) of the Education Act 1944,

(b)if at the time of transfer the school is intended to return to the existing site within three years, or

(c)if in the case of a county school the new site is in the same area and the local education authority are satisfied that it is expedient that the school should be transferred to the new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the prescribed standards or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning.”

80Paragraph 10 of Schedule 1 (school government: consequential amendments) is omitted.

The Value Added Tax Act 1983 (c. 55)U.K.

84In Note (2) of Group 6 of Schedule 6 to the Value Added Tax Act 1983 (meaning of “school” for purposes of determining whether provision of education is an exempt supply) for “1981” there is substituted “ 1993 ”.

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

131In section 163(1) (new education authorities for inner London) for “1988” there is substituted “ 1993 ”.

132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

The Children Act 1989 (c. 41)U.K.

149In section 36(8) of that Act (consultation in respect of education supervision orders) the words from “social” to “of the” are omitted.

152In Part III of Schedule 3 to that Act (education supervision orders), in paragraph 13—

(a)in sub-paragraph (1) for the words from “sections” to “children and” there is substituted “ section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty ”, and

(b)in sub-paragraph (2)—

(i)in paragraph (a)(i) for “37 of the Act of 1944” there is substituted “ 192 of that Act ”,

(ii)in paragraph (b)(i) for “37” there is substituted “ 192 ”, and

(iii)in paragraph (b)(ii) for “that Act” there is substituted “ the Education Act 1944 ”.

154Paragraphs 4 and 36 of Schedule 12 to that Act (minor amendments) are omitted.

155Paragraphs 4 and 8 of Schedule 13 to that Act (consequential amendments) are omitted.

The Further and Higher Education Act 1992 (c. 13)E+W

170In section 90(1) of that Act (interpretation), in the definition of “the Education Acts”, for “1992” there is substituted “ 1993 ”.

The Education (Schools) Act 1992 (c. 38)E+W

173(1)In section 9 of the Education (Schools) Act 1992 (schools inspection)—

(a)in subsection (3) in paragraph (e) for the words from “11(3)(a)” to the end there is substituted “ 189(1) of the Education Act 1993 (approval of independent schools for children with statements) ”,

(b)at the end of subsection (6) there is inserted “ or to the content of collective worship which falls to be inspected under section 13 ”, and

(c)in subsection (7) for “section” there is substituted “ Act ”.

(2)Schedule 2 to that Act is amended as follows.

(3)In paragraph 1, for the words from “body” (at the end of the definition of “appropriate authority”) to the end there is substituted—

““inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

“section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education. ”

(4)For “an inspection” in paragraphs 2, 3(5), 4(1), 5(1), 6 and 7 there is substituted “ a section 9 inspection ” and for “Every inspection” in paragraph 3(1) there is substituted “ Every section 9 inspection ”.

(5)For paragraph 9 there is substituted—

“9(1)Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.

(2)Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3)If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4)The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5)Where—

(a)the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b)the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6)Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7)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 shall—

(a)state his opinion, and

(b)state whether the Chief Inspector agrees or disagrees with his opinion.

(8)If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)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,

the person making the report shall state his opinion in the report.

9A(1)Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall—

(a)prepare in writing a report of the inspection and a summary of the report, and

(b)state his opinion in the report.

(2)If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)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,

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3)A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4)If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)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,

the member of the Inspectorate shall state his opinion in the report.

9B(1)The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).

(2)The time, and the period, allowed shall be 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.

(3)The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—

(a)the inspector,

(b)the appropriate authority, and

(c)the Secretary of State, except in the case of a maintained nursery school.

(4)This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.

9C(1)In the case of a report of a section 9 inspection of a school, the person making it shall without delay—

(a)send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b)if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2)In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3)In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4)In the case of—

(a)a special school which is not a maintained or grant-maintained special school, or

(b)an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5)The appropriate authority shall—

(a)make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b)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

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.”

(6)For paragraphs 10 and 11 there is substituted—

“10(1)Where—

(a)a report of a section 9 inspection of a school, or

(b)a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall 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.

(2)It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a)such period as may be prescribed, or

(b)if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3)Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a)to the Chief Inspector,

(b)to the Secretary of State, except in the case of a maintained nursery school, and

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

(4)In the case of—

(a)a special school which is not a maintained or grant-maintained special school, or

(b)an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5)The appropriate authority shall—

(a)make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b)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), and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

11(1)This paragraph applies in circumstances where—

(a)in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b)either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c)a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d)if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2)Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3)The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4)The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5)In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—

(a)states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b)states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.”

(7)For paragraph 12 there is substituted—

“12(1)Where an inspection of a school is required under section 9 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.

(2)Where an inspection is conducted by a member of the Inspectorate by virtue of this paragraph, this Act shall have effect (unless the context otherwise requires) in relation to the inspection as if the member of the Inspectorate were a registered inspector.

(3)If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 6(2)(b) or 7(1), that inspection shall be treated for the purposes of section 9(1) and (2) and this Part of this Schedule as if it were an inspection under section 9 and the member of the Inspectorate were a registered inspector”.

(8)In paragraph 14(4)—

(a)in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b)in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

(9)In paragraph 15(3)—

(a)in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b)in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

The Charities Act 1993 (c. 10)E+W

175In Schedule 2 to the Charities Act 1993 (exempt charities) after paragraph (d) there is inserted—

“(da)the School Curriculum and Assessment Authority;”.

Section 307.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

Section 307.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education (Schools) Act 1992 (c. 38)E+W

173(1)In section 9 of the Education (Schools) Act 1992 (schools inspection)—

(a)in subsection (3) in paragraph (e) for the words from “11(3)(a)” to the end there is substituted “ 189(1) of the Education Act 1993 (approval of independent schools for children with statements) ”,

(b)at the end of subsection (6) there is inserted “ or to the content of collective worship which falls to be inspected under section 13 ”, and

(c)in subsection (7) for “section” there is substituted “ Act ”.

(2)Schedule 2 to that Act is amended as follows.

(3)In paragraph 1, for the words from “body” (at the end of the definition of “appropriate authority”) to the end there is substituted—

““inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

“section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education. ”

(4)For “an inspection” in paragraphs 2, 3(5), 4(1), 5(1), 6 and 7 there is substituted “ a section 9 inspection ” and for “Every inspection” in paragraph 3(1) there is substituted “ Every section 9 inspection ”.

(5)For paragraph 9 there is substituted—

“9(1)Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.

(2)Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3)If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4)The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5)Where—

(a)the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b)the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6)Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7)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 shall—

(a)state his opinion, and

(b)state whether the Chief Inspector agrees or disagrees with his opinion.

(8)If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)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,

the person making the report shall state his opinion in the report.

9A(1)Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall—

(a)prepare in writing a report of the inspection and a summary of the report, and

(b)state his opinion in the report.

(2)If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)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,

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3)A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4)If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)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,

the member of the Inspectorate shall state his opinion in the report.

9B(1)The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).

(2)The time, and the period, allowed shall be 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.

(3)The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—

(a)the inspector,

(b)the appropriate authority, and

(c)the Secretary of State, except in the case of a maintained nursery school.

(4)This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.

9C(1)In the case of a report of a section 9 inspection of a school, the person making it shall without delay—

(a)send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b)if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2)In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3)In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4)In the case of—

(a)a special school which is not a maintained or grant-maintained special school, or

(b)an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5)The appropriate authority shall—

(a)make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b)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

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.”

(6)For paragraphs 10 and 11 there is substituted—

“10(1)Where—

(a)a report of a section 9 inspection of a school, or

(b)a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall 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.

(2)It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a)such period as may be prescribed, or

(b)if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3)Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a)to the Chief Inspector,

(b)to the Secretary of State, except in the case of a maintained nursery school, and

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

(4)In the case of—

(a)a special school which is not a maintained or grant-maintained special school, or

(b)an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5)The appropriate authority shall—

(a)make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b)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), and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

11(1)This paragraph applies in circumstances where—

(a)in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b)either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c)a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d)if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2)Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3)The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4)The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5)In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—

(a)states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b)states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.”

(7)For paragraph 12 there is substituted—

“12(1)Where an inspection of a school is required under section 9 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.

(2)Where an inspection is conducted by a member of the Inspectorate by virtue of this paragraph, this Act shall have effect (unless the context otherwise requires) in relation to the inspection as if the member of the Inspectorate were a registered inspector.

(3)If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 6(2)(b) or 7(1), that inspection shall be treated for the purposes of section 9(1) and (2) and this Part of this Schedule as if it were an inspection under section 9 and the member of the Inspectorate were a registered inspector”.

(8)In paragraph 14(4)—

(a)in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b)in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

(9)In paragraph 15(3)—

(a)in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b)in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.