Education Act 2005

Section 77

SCHEDULE 13 The Training and Development Agency for Schools

Supplementary powers

1 (1) The power conferred on the Agency by section 83 includes power to do anything which appears to them to be incidental to the furtherance of the objectives in section 75(2) or to the exercise of any other function conferred on them by any enactment, including, in particular, power to—

(a) acquire and dispose of land and other property,

(b) enter into contracts,

(c) invest sums not immediately required for the purposes of the discharge of their functions, and

(d) accept gifts of money, land or other property.

(2) The Agency may not borrow money except with the consent of the Secretary of State.

Chief officer

2 (1) One of the members of the Agency is to be the chief officer.

(2) The chief officer is to be appointed by the Agency with the approval of the Secretary of State on such terms and conditions (including terms with respect to tenure and vacation of office) as the Agency may with the approval of the Secretary of State determine.

(3) On approval by the Secretary of State of the person to be appointed on any occasion as chief officer of the Agency and the terms and conditions of his appointment, the Secretary of State must—

(a) if that person is not already a member of the Agency, appoint him as a member for the same term as the term of his appointment as chief officer, and

(b) if he is already such a member but his term of appointment as such ends before the term of his appointment as chief officer ends, extend his term of appointment as a member so that it ends at the same time as the term of his appointment as chief officer.

Tenure of members of the Agency

3 (1) A person holds and vacates office as a member or as chairman or chief officer of the Agency in accordance with the terms of his appointment and, on ceasing to be a member, is eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman of the Agency.

4 If the Secretary of State is satisfied that a member of the Agency—

(a) has been absent from meetings of the Agency for a period longer than six consecutive months without the permission of the Agency, or

(b) is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice in writing to the member remove him from office and thereupon the office becomes vacant.

Salaries, allowances and pensions

5 (1) The Agency—

(a) must pay to their members such salaries or fees, and such travelling, subsistence and other allowances, as the Secretary of State may determine, and

(b) must, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(2) If a person ceases to be a member of the Agency and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Agency to make to that person a payment of such amount as the Secretary of State may determine.

(3) The Agency must pay to the members of any of their committees who are not members of the Agency such travelling, subsistence or other allowances as the Secretary of State may determine.

Staff

6 (1) The Agency may appoint such employees as they think fit.

(2) The Agency may pay to their employees such remuneration and allowances as the Agency may determine.

(3) The employees are to be appointed on such other terms and conditions as the Agency may determine.

(4) A determination under sub-paragraph (2) or (3) requires the approval of the Secretary of State.

7 (1) Employment with the Agency continues to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(2) The Agency shall pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

(3) Where an employee of the Agency is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the Agency, the Minister for the Civil Service may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Agency (whether or not any benefits are payable to or in respect of him by virtue of paragraph 5).

Committees

8 (1) The Agency may establish a committee for any purpose.

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the Agency.

(3) Such a committee may include persons who are not members of the Agency.

(4) The Agency shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions

9 The Agency may authorise the chairman, the chief officer or any committee established under paragraph 8 to exercise such of their functions as they may determine.

Proceedings

10 Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to the Agency under this Act—

(a) a representative of the Secretary of State is entitled to attend and take part in deliberations (but not in decisions) at meetings of the Agency or of any committee of the Agency, and

(b) the Agency must provide the Secretary of State with such copies of any documents distributed to members of the Agency or of any such committee as he may require.

11 Without prejudice to any other rights the Assembly may require to be accorded to it as a condition of any grants made to the Agency under this Act—

(a) a representative of the Assembly is entitled to attend and take part in deliberations (but not in decisions) at meetings of the Agency or of any committee of the Agency, and

(b) the Agency must provide the Assembly with such copies of any documents distributed to members of the Agency or of any such committee as the Assembly may require.

12 (1) The Chief Inspector for England, or a representative of his, is entitled to attend and take part in deliberations (but not in decisions) at meetings of the Agency or of any committee of the Agency.

(2) The Agency must provide the Chief Inspector for England with such copies of any documents distributed to members of the Agency or of any such committee as he may require.

13 The validity of any proceedings of the Agency or of any committee of the Agency is not affected by a vacancy among the members or by any defect in the appointment of a member.

14 Subject to the preceding provisions of this Schedule, the Agency may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments

15 The application of the seal of the Agency is authenticated by the signature—

(a) of the chairman or of some other person authorised either generally or specially by the Agency to act for that purpose, and

(b) of one other member.

16 Every document purporting to be an instrument made or issued by or on behalf of the Agency and to be duly executed under the seal of the Agency, or to be signed and executed by a person authorised by the Agency to act in that behalf, is to be received in evidence and to be treated, without further proof, as being so made or issued unless the contrary is shown.

Accounts

17 (1) It is the duty of the Agency—

(a) to keep proper accounts and proper records in relation to the accounts,

(b) to prepare in respect of each financial year of the Agency a statement of accounts, and

(c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General by such time as the Secretary of State may direct.

(2) The statement of accounts must comply with any directions given by the Secretary of State as to—

(a) the information to be contained in it,

(b) the manner in which the information contained in it is to be presented, or

(c) the methods and principles according to which the statement is to be prepared,

and must contain such additional information as the Secretary of State may require to be provided for the information of Parliament.

(3) The Comptroller and Auditor General must examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(4) In this paragraph “financial year” means each period of twelve months beginning with 1st April.

Annual reports

18 The Agency—

(a) must make an annual report to the Secretary of State, who must lay a copy of it before each House of Parliament, and

(b) may arrange for the report to be published in such manner as the Agency consider appropriate.

Status of Agency

19 The Agency are not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the Agency is not to be regarded as property of, or property held on behalf of, the Crown.