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Education and Skills Bill

It changed in the eloquence with which it was put. The changes are being made because chapter 1 of part 4 of the Bill restates the entire regulatory regime for independent schools. The change also offers the opportunity to ensure that protections are in place for children in the growing independent part-time sector. As part of that, part 4 makes a number of drafting and policy improvements. To take one example, the Bill introduces new appeal rights for proprietors of independent educational institutions and non-maintained special schools against decisions by the regulator, such as any decision to refuse an application for initial registration from a new institution. The amendments in this group fall into three broad categories. The vast majority of them affect the three-point manoeuvre in respect of the transfer of functions from the Secretary of State to the chief inspector. Many of them simply replace the words ““Chief Inspector”” with the words ““Secretary of State””. Others make consequential changes; amendments Nos. 59 and 60, for example, replace the power for the chief inspector to inspect an institution when an application for approval of a material change is made with a power for the Secretary of State, as the registration authority, to direct the chief inspector to carry out such an inspection. The second set of changes brought about by the amendments do not relate to commitments made in another place. Amendments Nos. 131, 138, 162, 164 and 196 are minor and technical amendments to change the tribunal that will hear appeals against decisions made by the Secretary of State, and in certain cases, justices of the peace. Clause 110(5) states:"““'the Tribunal' means the tribunal established under section 9 of the Protection of Children Act 1999””." However, since the original drafting of the Bill, the Tribunals, Courts and Enforcement Act 2007, which we discussed earlier, has come into force. That Act consolidated the appeal and tribunal landscape, and regulations made under it will set out revised arrangements for tribunal hearings, so that appeals brought by proprietors of independent schools—and, through this Bill, proprietors of independent educational institutions and non-maintained special schools—will be heard by the health, education and social care chamber of the first-tier tribunal. I know that that answers one of the questions that the hon. Member for Bognor Regis and Littlehampton was bound to ask. The amendments will ensure that appeals are brought to the appropriate tribunal. The final set of amendments in this group—Nos. 150 to 152—put in place transitional arrangements to enable a smooth transition between the existing regulatory regime, set out in chapter 10 of the Education Act 2002, and the new regime in the Bill. Amendment No. 150 ensures that any actions commenced under the current regime can continue, unaffected, when the new legislation comes into force. That will avoid duplication of effort and ensure that standards are not put at risk by new proceedings having to be started against institutions that are not meeting the statutory requirements. Amendment No. 151 ensures that the 2,400 or so existing independent schools do not have to be re-registered when the Bill becomes law, and it allows the Secretary of State to waive inspection fees so that institutions are not required to pay fees twice. Lastly, amendment No. 152 ensures that directions prohibiting unsuitable people from participating in the management of independent educational institutions can be carried forward, as are any appeals, or reviews of directions, that are in progress. I hope that hon. Members will agree that these amendments meet all the concerns about part 4 that were raised first in this place and then in the other place, and will therefore join the Government in agreeing to them.