Education and Inspections Act 2006

Section 175

SCHEDULE 17 Miscellaneous amendments relating to Wales

Schools in Wales causing concern: warning notice by local education authority

1 (1) Section 15 of SSFA 1998 (cases where local education authority may exercise powers of intervention) is amended as follows.

(2) In subsections (1)(c) and (2)(a)(i) for “either or both of sections 16 and 17” substitute “any one or more of sections 16, 16A and 17”.

(3) After subsection (3) insert—

“(3A) For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

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

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

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

(4) In subsection (7), for “Part 1 of the School Inspections Act 1996” substitute “Chapter 3 of Part 1 of the Education Act 2005”.

LEA’s reserve power to prevent breakdown of discipline

2 In section 62 of SSFA 1998 (LEA’s reserve power to prevent a breakdown of discipline) in subsection (3)(c), for “either or both of sections 16 and 17” substitute “any one or more of sections 16, 16A and 17”.

Orders and regulations made by Assembly under SSFA 1998

3 (1) Section 138 of SSFA 1998 (orders and regulations) is amended as follows.

(2) In subsection (1), after “the Secretary of State” insert “or the Assembly”.

(3) In subsection (3), after “regulations” insert “made by the Secretary of State”.

(4) In subsection (7), after “the Secretary of State” insert “or the Assembly”.

Meaning of “the Assembly” in SSFA 1998

4 In section 142(1) of SSFA 1998 (general interpretation), before the definition of “Church in Wales school” insert—

““the Assembly” means the National Assembly for Wales;”.

5 In section 143 of SSFA 1998 (index), after the entry for “area” insert—

“Assembly

section 142(1)”.

Power of Assembly to require LEA to obtain advisory services

6 In section 63 of EA 2002 (power to require LEA to obtain advisory services) in subsection (4) (which defines “school” for the purposes of that section), for “Chapter 2” substitute “Chapter 4”.