Education and Inspections Act 2006 (c. 40)

SCHEDULES

SCHEDULE 7 E+W Amendments relating to schools causing concern

Part 2 E+W Minor and consequential amendments

Education Act 2002 (c. 32) E+W

19 E+W In section 25 of EA 2002 (federations: supplementary provisions), in subsection (1)—

(a) before paragraph (a) insert—

“(za) Part 4 of the Education and Inspections Act 2006 (schools causing concern: England),”, and

(b) in paragraph (a), for “(intervention in schools causing concern)” substitute “ (intervention in schools causing concern: Wales) ”.

Commencement Information

I1 Sch. 7 para. 19 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

20 E+W After section 62 of EA 2002 insert—

“62A Power to require LEA in England to obtain advisory services

(1) This section applies where—

(a) one or more schools maintained by a local education authority in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act—

(i) section 61 (school requiring significant improvement), or

(ii) section 62 (school requiring special measures), and

(b) it appears to the Secretary of State that the local education authority—

(i) have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,

(ii) are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or

(iii) maintain a disproportionate number of schools falling within that paragraph.

(2) The Secretary of State may direct the local education authority to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature.

(3) The direction may require the contract or other arrangement to contain specified terms and conditions.

(4) In this section “school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

(5) Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.”

Commencement Information

I2 Sch. 7 para. 20 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

21 (1) Section 63 of EA 2002 (power to require LEA to obtain advisory services) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a), after “by a local education authority” insert “ in Wales ”, and

(b) in paragraph (b), for the words from “Secretary” to “Wales)” substitute “ National Assembly for Wales ”.

(3) In subsection (2), for the words from the beginning to “Wales)” substitute “ The National Assembly for Wales ”.

(4) In subsection (5), omit “of the Secretary of State or, as the case may be,”.

(5) In the heading, after “LEA” insert “ in Wales ”

Commencement Information

I3 Sch. 7 para. 21 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

22 (1) Section 64 (provisions supplementary to section 63) is amended as follows. E+W

(2) In subsections (1) and (2), for “section 63” substitute “ section 62A or 63 ”.

(3) In subsection (7)—

(a) in the definition of “the advisory services” for “section 63” substitute “ section 62A or 63 ”, and

(b) in the definition of “the relevant person”, in paragraph (a) for “section 63(2)” substitute “ section 62A(2) or 63(2) ”.

(4) In the heading, for “section 63” substitute “ sections 62A and 63 ”.

Commencement Information

I4 Sch. 7 para. 22 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)