Learning and Skills Bill [H.L.] - continued        House of Lords

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SCHEDULE 7
 
  INADEQUATE SIXTH FORMS
  PART I
  POWER TO PUBLISH PROPOSALS
 
Secondary schools
     1. - (1) Paragraphs 2 to 5 apply to a maintained school (within the meaning given by section 20(7) of the School Standards and Framework Act 1998) which-
 
 
    (a) provides full-time education suitable to the requirements of pupils over compulsory school age, and
 
    (b) provides full-time education suitable to the requirements of pupils of compulsory school age.
      (2) For the purposes of those paragraphs a school has an inadequate sixth-form if-
 
 
    (a) the school is failing or likely to fail to give pupils over compulsory school-age an acceptable standard of education, or
 
    (b) the school has significant weaknesses in one or more areas of its activities for pupils over compulsory school age.
     2. If a person who inspects a school-
 
 
    (a) states in his report an opinion, in accordance with section 13(8) or 14(2) or (4) of the School Inspections Act 1996 (school no longer requiring special measures), that special measures are not required in relation to the school, but
 
    (b) is of the opinion that the school has an inadequate sixth-form,
  he shall state that opinion in his report.
 
     3. - (1) This paragraph applies if in the course of an area inspection under section 62 or 79 an inspector (within the meaning of section 60) or a member of the inspectorate (within the meaning of section 70) forms the opinion that a particular school has an inadequate sixth-form.
 
      (2) The inspector or member of the inspectorate shall make a report about the school stating his opinion.
 
      (3) The report shall be treated in the same way as the report of an inspection of a school under section 10 of the School Inspections Act 1996.
 
     4. - (1) Parts II and III of this Schedule shall apply in relation to a school if-
 
 
    (a) an opinion that it has an inadequate sixth-form is stated in a report in accordance with paragraph 2, and
 
    (b) where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.
      (2) Parts II and III of this Schedule shall also apply in relation to a school if-
 
 
    (a) a report of an inspection under Part I of the School Inspections Act 1996 or a report under paragraph 3 of this Schedule states the opinion that the school has an inadequate sixth-form,
 
    (b) the next report of a kind mentioned in paragraph (a) also states that opinion,
 
    (c) each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b), and
 
    (d) neither report states the opinion that special measures are required to be taken in relation to the school.
     5. - (1) Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under Part I of the School Inspections Act 1996 or section 62 or 79 of this Act concludes-
 
 
    (a) that special measures are required to be taken in relation to the school, or
 
    (b) that the school does not have an inadequate sixth-form.
      (2) Where the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.
 
      (3) Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 13 or 17.
 
 
Sixth-form centres
     6. Paragraphs 7 to 10 apply to a maintained school (within the meaning given by section 20(7) of the School Standards and Framework Act 1998) which-
 
 
    (a) provides full-time education suitable to the requirements of pupils over compulsory school age, and
 
    (b) does not provide full-time education suitable to the requirements of pupils of compulsory school age.
     7. If a person who inspects a school-
 
 
    (a) states in his report an opinion, in accordance with section 13(8) or 14(2) or (4) of the School Inspections Act 1996 (school no longer requiring special measures), that special measures are not required in relation to the school, but
 
    (b) is of the opinion that the school has significant weaknesses in one or more areas of its activities,
  he shall state that opinion in his report.
 
     8. - (1) This paragraph applies if in the course of an area inspection under section 62 or 79 an inspector (within the meaning of section 60) or a member of the inspectorate (within the meaning of section 70) forms the opinion that-
 
 
    (a) special measures are required to be taken in relation to a particular school, or
 
    (b) that a particular school has significant weaknesses in one or more areas of its activities.
      (2) The inspector or member of the inspectorate shall make a report about the school stating his opinion.
 
      (3) The report shall be treated in the same way as the report of an inspection of a school under section 10 of the School Inspections Act 1996.
 
     9. - (1) Parts II and III of this Schedule shall apply in relation to a school if-
 
 
    (a) an opinion that it has significant weaknesses in one or more areas of its activities is stated in a report in accordance with paragraph 7, and
 
    (b) where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.
      (2) Parts II and III of this Schedule shall also apply in relation to a school if-
 
 
    (a) a report of an inspection under Part I of the School Inspections Act 1996 or a report under paragraph 8 of this Schedule states that special measures are required to be taken in relation to the school or that the school has significant weaknesses in one or more areas of its activities,
 
    (b) the next report of a kind mentioned in paragraph (a) also states an opinion of a kind mentioned in that paragraph, and
 
    (c) each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b).
     10. - (1) Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under Part I of the School Inspections Act 1996 or section 62 or 79 of this Act states-
 
 
    (a) that special measures are not required to be taken in relation to the school, or
 
    (b) that the school does not have significant weaknesses in one or more areas of its activities.
      (2) Where the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.
 
      (3) Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 21 or 25.
 
 
Transitional provision
     11. In paragraphs 4(2)(a) and 9(2)(a) of this Schedule a reference to a report of an inspection includes a reference to a report made before this Schedule comes into force.
 
 
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Prepared 17 December 1999