Search Legislation

Education and Inspections Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 7

 Help about opening options

Changes to legislation:

Education and Inspections Act 2006, SCHEDULE 7 is up to date with all changes known to be in force on or before 26 September 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 7:

  • specified provision(s) amendment to earlier commencing SI 2006/2990 art. 4 by S.I. 2008/54 art. 2
  • specified provision(s) amendment to earlier commencing SI 2007/935 art. 7(n) by S.I. 2007/1271 art. 4
  • specified provision(s) transitional provisions for earlier commencing SI 2007/935 by S.I. 2007/1271 art. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 71

SCHEDULE 7E+WAmendments relating to schools causing concern

This schedule has no associated Explanatory Notes

Part 1E+WPrincipal amendments

Statement to be prepared by [F1local authority] following adverse report on maintained schoolE+W

1(1)Section 15 of EA 2005 (measures to be taken by local education authority following inspection report stating that school requires special measures or significant improvement) is amended as follows.E+W

(2)In subsection (1), for “This section” substitute “ Subsection (2) ”.

(3)For subsection (2) substitute—

(2)The local education authority must—

(a)consider what action to take in the light of the report,

(b)consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,

(c)consider whether those arrangements are to include the appointment of a specified person for that purpose,

(d)prepare a written statement—

(i)of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and

(ii)of the arrangements they propose to make for the purpose mentioned in paragraph (b), and

(e)send a copy of the statement prepared under paragraph (d) to—

(i)the Chief Inspector,

(ii)in the case of a voluntary aided school, the person who appoints the foundation governors and (if different) the appropriate appointing authority, and

(iii)such other persons as the Secretary of State may specify.

(2A)Subsection (2B) applies where—

(a)the local education authority have prepared a statement under subsection (2) in relation to a school,

(b)it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and

(c)no subsequent inspection of the school has been made under section 5.

(2B)The Secretary of State may by notice require the local education authority to—

(a)consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (2)(b),

(b)prepare a written statement—

(i)of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and

(ii)of the arrangements they propose to make for the purpose mentioned in subsection (2)(b), and

(c)send a copy of the statement to the Secretary of State and to the persons mentioned in subsection (2)(e)(i) to (iii).

(2C)For the purposes of subsections (2A) and (2B) an “interim inspection” is an inspection under section 8 in respect of which no election under section 9 is made.

(4)In subsection (3) for “the statement” substitute “ a statement under subsection (2) or (2B) ”.

(5)After subsection (3) insert—

(4)In performing their functions under subsections (2)(a), (b), (c) and (d) and (2B)(a) and (b), the local education authority must have regard to any guidance given from time to time by the Secretary of State.

Commencement Information

I1Sch. 7 para. 1 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Statement to be prepared by proprietor following adverse report on non-maintained schoolE+W

2(1)Section 17 of EA 2005 (statement to be prepared by proprietor of school other than maintained school) is amended as follows.E+W

(2)In subsection (1)—

(a)at the beginning insert “ Subsection (1A) applies ”, and

(b)omit all the words following paragraph (b).

(3)After subsection (1) insert—

(1A)The proprietor must—

(a)consider what action to take in the light of the report,

(b)consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,

(c)consider whether those arrangements are to include the appointment of a specified person for that purpose, and

(d)prepare a written statement—

(i)of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and

(ii)of the arrangements he proposes to make for the purpose mentioned in paragraph (b).

(1B)Subsection (1C) applies where—

(a)the proprietor of a school has prepared a statement under subsection (1A) in relation to the school,

(b)it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and

(c)no subsequent inspection of the school has been made under section 5.

(1C)The Secretary of State may by notice require the proprietor to—

(a)consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (1A)(b), and

(b)prepare a written statement—

(i)of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and

(ii)of the arrangements the proprietor proposes to make for the purpose mentioned in subsection (1A)(b)”.

(1D)For the purposes of subsections (1B) and (1C) an “interim inspection” is an inspection under section 8 in respect of which no election under section 9 is made.

(4)In subsection (3)—

(a)for “such a statement” substitute “ a statement under subsection (1A) or (1C) ”, and

(b)before the word “and” at the end of paragraph (a) insert—

(aa)in the case of a statement under subsection (1C), to the Secretary of State,.

(5)After subsection (4) insert—

(5)In performing his functions under subsections (1A)(a), (b), (c) and (d) and (1C)(a) and (b), the proprietor must have regard to any guidance given from time to time by the Secretary of State.

Commencement Information

I2Sch. 7 para. 2 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Part 2E+WMinor and consequential amendments

School Standards and Framework Act 1998 (c. 31)E+W

F23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F210E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F213E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F214E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15E+WIn section 142 of SSFA 1998 (interpretation), in subsection (4)—

(a)after “this Act” insert “ (or Part 4 of the Education and Inspections Act 2006) ”, and

(b)in paragraph (b), after “section 16(6) or (8)” insert “ or of section 64(4) or (6) of the Education and Inspections Act 2006 ”.

Commencement Information

I3Sch. 7 para. 15 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

F316E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F417E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Learning and Skills Act 2000 (c. 21)E+W

F518E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Education Act 2002 (c. 32)E+W

19E+WIn 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

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

20E+WAfter section 62 of EA 2002 insert—

62APower to require [F1local authority] 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.

Textual Amendments

Commencement Information

I4Sch. 7 para. 20 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

F721E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

I5Sch. 7 para. 22 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Education Act 2005 (c. 18)E+W

23E+WIn section 5 of EA 2005 (duty to inspect schools at prescribed intervals), in subsection (4)(c), for “section 19 or 32 of that Act” substitute “ section 17 or 68 of the Education and Inspections Act 2006 ”.

Commencement Information

I6Sch. 7 para. 23 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

24E+WIn section 18 of EA 2005 (interpretation of Chapter 2 of Part 1), in paragraph (a) of the definition of “appropriate appointing authority”, omit “, a Church in Wales school”.

Commencement Information

I7Sch. 7 para. 24 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources