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Education and Inspections Bill

New clause 34 will allow the registration authority for independent schools to institute proceedings against any person or persons who commit any offence relating to independent schools, as set out in chapter 1 of part 10 of the Education Act 2002. The registration authority in England is the Secretary of State and the authority in Wales is the National Assembly for Wales. Subsection (2) of the new clause also clarifies the existing powers for proceedings to be instituted. It allows the registration authority to institute proceedings and requires the authority to give consent before any other body institutes such proceedings. The clause also extends that authority to all offences in chapter 1. Such authority had previously been directed at those operating an unregistered—illegal—school. The measure will enable the registration authority to prosecute after the provision comes into force for offences committed before or after the commencement of the provision. The new clause also extends the definition of who may be prosecuted to include bodies corporate and specified members of that body. It is increasingly common for independent schools to be owned and managed by companies, rather than sole proprietors. The existing provision allows for the prosecution of a person, but the new clause reflects more accurately current practice in the independent sector. The new clause further extends the definition to cover unincorporated bodies and partnerships and their members for the same reasons. Subsection (3) of the new clause is a consequential amendment in view of the extension of the authority of the Secretary of State and the Assembly to all offences in chapter 1. Subsection (4) of the new clause provides that the provisions extending the definition of those who may be prosecuted will not have effect in relation to offences committed before the commencement date. Government amendments Nos. 69 and 79 are consequential amendments. Question put and agreed to. Clause read a Second time, and added to the Bill."‘(1) This section applies where it is alleged that a teacher or member of staff, including a volunteer at an educational institution providing education for persons under 18 years of age, has—""(2) Any person involved in investigating such an allegation must act with a view to ensuring the confidentiality of any information that might identify—""(3) The governing body of a maintained school shall in particular ensure that policies and procedures in relation to allegations against teachers or members of staff provide for disciplinary action to be taken against any teacher or member of staff who discloses any information to which subsection (2) applies without the express authorisation of the governing body.""(4) This section ceases to apply—" Brought up, and read the First time.