Article 3
SCHEDULE 1Provisions coming into force on 1 September 2006 in relation to Wales
| Provision | Subject matter |
|---|---|
| Section 44 | Categories of Schools causing concern. |
| Section 45 | Cases where Assembly may direct closure of school. |
| Section 46 | Sixth forms requiring significant improvement. |
| Section 47 | Meaning of “denominational education”. |
| Section 51 | Power of LEA to inspect maintained school for specific purpose. |
| Section 53, so far as relating to the provisions of Schedule 7 referred to below. | Inspection of child minding, day care and nursery education. |
| Section 54 | Inspection of independent schools. |
| Section 58 | Inspection of computer records. |
| Section 59 | Combined reports. |
| Section 60 | Repeal of School Inspections Act 1996. |
| Section 61, so far as relating to the provisions of Schedule 9 referred to below. | Further amendments relating to school inspection. |
| Section 71 | Proposals relating to maintained special schools. |
| Section 105 | Provision and funding of higher education in maintained schools. Provision Subject matter |
| Section 106 | Admission arrangements to make special provision for looked-after children. |
| Section 115 | Power of governing body to make alternative provision for excluded pupils. |
| Section 116 | Failure of parent to secure regular attendance of child at alternative provision. |
| Section 117 so far as relating to the provisions of Schedule 18 below. | Further amendments relating to Part 4. |
| Section 118 | Meaning of “the 2002 Act” in Part 4. |
| Section 123 so far as relating to the provisions of Schedule 19 referred to below. | Repeals. |
| Schedule 5 | Sixth forms requiring significant improvement. |
| Paragraphs 6 to 24 of Schedule 7. | Inspection of child minding, day care and nursery education. |
| Schedule 8 | Inspection of independent schools. |
| Paragraphs 8 to 21 and 28 to 30 of Schedule 9. | Further amendments relating to school inspection. |
| Paragraphs 1, 6 and 15 of Schedule 18. | Further amendments relating to Part 4. |
| In Schedule 19, Part 1: | Repeals |
| The repeals relating to: Education Act 1996, School Inspections Act 1996, Education Act 1997, School Standards and Framework Act 1998, Learning and Skills Act 2000 (except the repeal of section 81), Education Act 2002. | Repeals. |
Article 4
SCHEDULE 2Provisions coming into force on 1 September 2006 in relation to England and Wales
| Provision | Subject matter |
|---|---|
| Section 19 | Her Majesty’s Inspectorate of Education and Training in Wales. |
| Section 20 | Functions of Chief Inspector. |
| Section 21 | Annual and other reports to Assembly. |
| Section 22 | Power of Assembly to establish advisory panel. |
| Section 23 | Powers of entry etc of Chief Inspector. |
| Section 24 | Power of Chief Inspector to arrange for inspections. |
| Section 25 | Registration of Inspectors in Wales. |
| Section 26 | Removal from Register and imposition and variation of conditions. |
| Section 27 | Appeals in relation to registration. |
| Section 28 | Duty to arrange regular inspections of certain schools. |
| Section 29 | Publication of inspection reports. |
| Section 30 | Payment of fees into Consolidated Fund. |
| Section 31 | Interpretation of Chapter 3. |
| Section 32 | Inspections by members of the Inspectorate. |
| Section 33 | Duty to report on section 28 inspections. |
| Section 34 | Section 28 inspections by registered inspectors. |
| Section 35 | Reports of Inspections by members of the Inspectorate. |
| Section 36 | Timing of section 28 inspections by registered inspectors. |
| Section 37 | Duty to notify where inspection shows maintained school causing concern. |
| Section 38 maintained schools. | Destination of reports: |
| Section 39 | Statement to be prepared by appropriate authority for school. |
| Section 40 | Statement to be prepared by local education authority. |
| Section 41 non-maintained schools. | Destination of reports: |
| Section 42 | Statement to be prepared by proprietor of school. |
| Section 43 | Interpretation of Chapter 4. |
| Section 50 | Inspection of religious education: Wales. |
| Section 52 | Provision of inspection services by LEAs in Wales. |
| Section 53, so far as relating to paragraph 5 of Schedule 7. | Inspection of child minding, day care and nursery education. |
| Section 61, so far as relating to the provisions of Schedule 9 referred to below. | Further amendments relating to school inspection. |
| Section 123, so far as relating to the provisions of to below. | Repeals. |
| Schedule 2 | Her Majesty’s Chief Inspector of Education and Training in Wales. |
| Schedule 3 | Registration of inspectors in Wales: Tribunals hearing appeals under section 27. |
| Schedule 4 | School Inspections in Wales under section 28. |
| Schedule 6 | Inspections of denominational education in Wales. |
| Paragraph 5 of Schedule 7. | Inspection of child minding, day care and nursery education. |
| Paragraphs 6, 7, 22, 24, 25 and 27 of Schedule 9. | Further amendments relating to school inspection. |
| In Schedule 19, Part 1, in the Children Act 1989, the repeal in section 79T(2)(a) of the words “the quality and standards of”. | Repeals. |
Article 5
SCHEDULE 3Provisions coming into force on 1 April 2007 in relation to England and Wales
| Provision | Subject matter |
|---|---|
| Section 55 | Inspection of careers services in Wales. |
| Section 56 | Inspection of services relating to careers services in Wales. |
| Section 57 | Inspections under sections 55 and 56 further provisions. |
| Section 123 so far as relating to the provisions of Schedule 19 referred to below. | Repeals. |
| In Schedule 19, Part 1, he repeals in the Teaching and Higher Education Act 1998 and the repeal of section 81 of the Learning and Skills Act 2000. | Repeals |
Article 6
SCHEDULE 4TRANSITIONAL AND SAVING PROVISIONS
1. Paragraphs 2 to 5 of this Schedule apply despite the bringing into force by article 3 of this Order of section 60 (Repeal of the 1996 Act).
2. Where the latest report of an inspection of a school was under the 1996 Act and identified that special measures were required to be taken in relation to the school, that report is to be treated as the report of an inspection which identified that special measures were required to be taken under Part 1 of the 2005 Act for the purposes of–
(a)sections 34(7)(b) and 35(2)(b) and (5)(b); and
(b)sections 14 to 19 of the 1998 Act (intervention in schools causing concern).
3. Where the latest report of an inspection of a school was under that Act and identified that the school had serious weaknesses, that report is to be treated as the report of an inspection which identified that the school required significant improvement under Part 1 of the 2005 Act for the purposes of–
(a)sections 34(8)(b) and 35(3)(b) and (6)(b); and
(b)sections 14 to 19 of the 1998 Act.
4. Where the latest report of an inspection of a school was under the 1996 Act and identified that the school has an inadequate sixth form, that report is to be treated as the report of an inspection which identified that the school requires significant improvement in relation to its sixth form for the purposes of section 113 of, and Schedule 7 to, the 2000 Act (as amended by section 46 of, and Schedule 5 to, the 2005 Act).
5. Where notice of appeal is served on the tribunal before 1 September 2006, section 27 and Schedule 3 are to apply to the appeal as though subsection (2) of section 27 were omitted.
6. Despite the bringing into force by this Order of section 27 and Schedule 3, and of the repeals of section 9 of, and Schedule 2 to, the 1996 Act on 1 September 2006, any regulations made by the Secretary of State under paragraph 2 of Schedule 2 to the 1996 Act in force on 31 August 2006 (“the existing Regulations”) are to continue to have effect in relation to Wales until the date on which regulations made by the National Assembly for Wales under paragraph 2 of Schedule 3 come into force, as if the existing regulations had been made by the National Assembly under that paragraph of that Schedule.