Apprenticeships, Skills, Children and Learning Act 2009
2009 c. 22
An Act to make provision about apprenticeships, education, training and children's services; to amend the Employment Rights Act 1996; to establish the Young People's Learning Agency for England, the office of Chief Executive of Skills Funding, the Office of Qualifications and Examinations Regulation and the School Support Staff Negotiating Body and to make provision about those bodies and that office; to make provision about the Qualifications and Curriculum Authority; to make provision about schools and institutions within the further education sector; to make provision about student loans; and for connected purposes.
Part 1Apprenticeships, study and training
F294CHAPTER ZA1The Institute for Apprenticeships F364and Technical Education
Pt. 1 Ch. ZA1 inserted (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 2; S.I. 2017/346, reg. 2(a)
Words in Pt. 1 inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 1(2)(a), 47(2); S.I. 2019/61, reg. 2(a)
Establishment
ZA1The Institute for Apprenticeships F364and Technical Education
1
A body corporate known as the Institute for Apprenticeships F364and Technical Education is established.
2
In this Act that body is referred to as “F375the Institute”.
3
Schedule A1 makes further provision about the F366Institute.
General duties and functions
ZA2General duties
1
So far as relevant, and subject to any notice given by the Secretary of State under subsection (2), in performing its functions the F366Institute must have regard to—
a
the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training within the F365Institute's remit;
b
the reasonable requirements of persons who may wish to undertake education and training within the F365Institute's remit;
c
the need to ensure that education and training within the F365Institute's remit is of an appropriate quality;
d
the need to ensure that education and training within the F365Institute's remit represents good value in relation to financial resources provided out of public funds;
e
any information provided to it by any person designated by the Secretary of State for the purposes of this paragraph.
2
F3353
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F3354
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5
The F366Institute must perform its functions efficiently and effectively.
6
For the purposes of this F425Chapter, education or training is within the F365Institute's remit if the education or training is or may be F376provided—
a
in the course of an approved English apprenticeship,
b
for the purposes of an approved technical education qualification, F427...
c
for the purposes of approved steps towards occupational competence, F426or
d
to enable a person to enter work within a published occupation (whether in the course of training or otherwise).
7
Subsection (1) and any notice under subsection (2) do not apply in relation to functions that are—
a
delegated by directions under section ZA4, or
b
conferred by regulations under section ZA5,
unless the directions or regulations provide for them to apply in relation to the functions.
8
Where directions or regulations so provide, the directions or regulations—
a
may provide for any education or training to which the functions relate to be treated as within the F365Institute's remit for the purposes of this section;
b
may provide for subsection (1) and any notice under subsection (2) to apply in relation to the functions with such modifications as the Secretary of State thinks fit.
9
The Secretary of State must—
a
publish in such manner as the Secretary of State thinks fit any notice under subsection (2), and
b
lay a copy of it before Parliament.
ZA2AF419Oversight
1
The Institute must keep under review—
a
education and training within the Institute’s remit, and
b
the effect that the exercise of the Institute’s functions has had, or might have, on the range and availability of that education and training.
2
The Institute may provide a report to the Secretary of State on anything arising from the exercise of the Institute’s functions under subsection (1).
3
Subsection (2) does not affect the Institute’s functions under section ZA3.
ZA3Provision of advice and assistance to the Secretary of State etc
1
The F366Institute may, if requested to do so by the Secretary of State, provide the Secretary of State with advice and assistance in connection with the Secretary of State's functions F341in relation to England relating to—
a
apprenticeships,
F433aa
technical education qualifications, or
b
other education or training.
2
ZA4Delegation of functions to the F366Institute by Secretary of State
1
a
apprenticeships,
b
technical education qualifications, or
c
steps that people may take towards becoming competent to work in occupations.
2
The functions may be delegated—
a
to any extent that the Secretary of State specifies in the direction, and
b
subject to any conditions that the Secretary of State specifies in the direction.
3
The Secretary of State's functions mentioned in subsection (1) include those under section F379100(1A) or (1B) or otherwise relating to the funding, in relation to England, of the things mentioned in paragraphs (a) to (c) of that subsection.
ZA5Conferral of further functions on the F366Institute by regulations
1
a
apprenticeships,
b
technical education qualifications, or
c
steps that may be taken by persons towards becoming competent to work in occupations.
2
A function conferred by regulations under subsection (1) may involve the exercise of a discretion.
ZA6Annual and other reports
1
As soon as reasonably practicable after the end of each financial year, the F366Institute must prepare an annual report.
2
An annual report is a report which includes—
a
b
the statement of accounts prepared for that year under paragraph 11 of Schedule A1, and
c
such other provision as the Secretary of State may direct.
3
The F366Institute must send the report to the Secretary of State as soon as reasonably practicable after it has been prepared.
4
The Secretary of State must lay a copy of the report before Parliament.
5
The Secretary of State may direct the F366Institute to prepare, and send to the Secretary of State, as soon as reasonably practicable a report on any matter relating to its functions.
6
In this section “financial year” means—
a
the period beginning with the day on which this section comes into force and ending with the following 31 March, and
b
each successive period of 12 months.
Compliance
ZA7Secretary of State directions where the F366Institute fails to discharge duties etc
If the Secretary of State is satisfied that the F366Institute—
a
has failed to discharge a duty imposed on it by or under this Act, or
b
has acted or is proposing to act in an unreasonable way in exercising any function,
the Secretary of State may give the F366Institute such directions as the Secretary of State considers appropriate.
Directions
ZA8General provision about directions under Chapters ZA1 and A1
1
This section applies to a direction given to the F366Institute by the Secretary of State under this Chapter or Chapter A1.
2
The F366Institute must comply with the direction.
3
The direction must be in writing.
ZA8AF420Interpretation of Chapter ZA1
In this Chapter, the following terms have the same meanings as in Chapter A1—
F154CHAPTER A1Apprenticeships F368and technical education: England
Pt. 1 Ch. A1 inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 1 (with Sch. 1 para. 28); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
Words in Pt. 1 Ch. A1 heading inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 6; S.I. 2019/61, reg. 2(b)
F308Occupational categories and groups
Ss. ZA9-ZA11 and cross-headings inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 7; S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)
ZA9Occupational categories (sometimes referred to as “routes”)
1
The Secretary of State may determine categories into which occupations may be placed for the purposes of this Chapter.
2
The Secretary of State must notify the Institute of any categories that are determined.
ZA10Mapping of occupational groups
1
The Institute must—
a
determine occupations in relation to which it may be appropriate for people to undertake apprenticeships or obtain qualifications, and
b
determine which of those occupations require similar knowledge, skills and behaviour.
2
Two or more occupations that require similar knowledge, skills and behaviour are referred to in this section as a “group”.
3
Where categories have been determined under section ZA9, the Institute must allocate each occupation or group to a category.
4
If the Institute considers that no category is appropriate it must nevertheless allocate the occupation or group to a category (and is not required to adjust its determinations under subsection (1)).
5
The Institute must publish information showing—
a
the occupations,
b
the groups, and
c
any categories to which the occupations and groups have been allocated.
Standards
ZA11Standards
1
The Institute must publish standards in relation to England for such occupations as the Institute considers appropriate.
2
Each standard must—
a
describe the occupation to which it relates;
b
set out the outcomes that persons seeking to achieve the standard are expected to attain in order to do so.
3
Each standard must have been prepared by a group of persons and approved by the Institute.
4
The group of persons that prepared a standard must have been approved by the Institute.
5
The Institute may provide advice or assistance to a group of persons in connection with the preparation of a standard.
6
The Institute may convene a group of persons to prepare a standard for an occupation only if the Institute considers—
a
that there is a need for a standard for that occupation, and
b
that the need will not be met unless a group is convened to prepare the standard.
7
The Institute must publish—
a
information about matters that it takes into account when deciding whether or not to approve standards for the purposes of subsection (3);
b
information about matters that it takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (4).
8
When making a decision of the kind mentioned in subsection (7)(a) or (b) in a particular case, the Institute may also take into account such other matters as it considers appropriate in the case in question.
9
Information published under subsection (7) may be revised or replaced, and the Institute must publish under that subsection any revised or replacement information.
10
Where a standard is published, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is a standard for the occupation.
F315Meaning of “approved English apprenticeship” etc
S. A1 cross-heading substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 8; S.I. 2017/1055, reg. 2(b)(iii)
A1Meaning of “approved English apprenticeship” etc
1
This section applies for the purposes of this Chapter.
2
An approved English apprenticeship is an arrangement which—
a
takes place under an approved English apprenticeship agreement, or
b
is an alternative English apprenticeship,
and, in either case, satisfies any conditions specified in regulations made by the Secretary of State.
3
An approved English apprenticeship agreement is an agreement which—
a
b
provides for the apprentice to receive training in order to assist the apprentice to achieve the approved F311... standard in the work done under the agreement, and
c
satisfies any other conditions specified in regulations made by the Secretary of State.
4
An alternative English apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Secretary of State.
5
Regulations under subsection (4) may, for example, describe arrangements which relate to cases where a person—
a
works otherwise than for another person;
b
works otherwise than for reward.
6
A person completes an approved English apprenticeship if the person achieves the approved F312... standard while doing an approved English apprenticeship.
7
F296F323Apprenticeship assessment plans
Ss. A2-A2I and cross-headings substituted for s. A2 (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 5; S.I. 2017/346, reg. 2(a)
S. A2 cross-heading substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 10; S.I. 2017/1055, reg. 2(b)(iii)
A2F316Apprenticeship assessment plans
F3171
The Institute must publish apprenticeship assessment plans in respect of such standards published under section ZA11 as it considers appropriate.
F3182
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F3183
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4
5
Each F321apprenticeship assessment plan must—
a
specify the standard to which it relates, and
b
set out the proposed arrangements for evaluating the quality of any assessment provided for by the plan.
F3226
Each apprenticeship assessment plan must have been prepared by a group of persons and approved by the Institute.
7
The group of persons that prepared an apprenticeship assessment plan must have been approved by the Institute.
8
The Institute may provide advice or assistance to a group of persons in connection with the preparation of an apprenticeship assessment plan.
9
The Institute may convene a group of persons to prepare an apprenticeship assessment plan in respect of a standard only if the Institute considers—
a
that there is a need for an apprenticeship assessment plan in respect of that standard, and
b
that the need will not be met unless a group is convened to prepare the plan.
10
The Institute must publish—
a
information about matters that it takes into account when deciding whether or not to approve apprenticeship assessment plans for the purposes of subsection (6);
b
information about matters that it takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (7).
11
When making a decision of the kind mentioned in subsection (10)(a) or (b) in a particular case, the Institute may also take into account such other matters as it considers appropriate in the case in question.
12
Information published under subsection (10) may be revised or replaced, and the Institute must publish under that subsection any revised or replacement information.
13
Where an apprenticeship assessment plan is published, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is an apprenticeship assessment plan in respect of the standard for the occupation.
F324A2APreparation of apprenticeship standards and assessment plans
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Quality assurance F304of apprenticeship assessments etc
Words in s. A2B cross-heading inserted (16.8.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 13; S.I. 2017/844, reg. 2(b)(ii)
A2BEvaluation of quality of apprenticeship assessments
1
The F366Institute must secure that evaluations are carried out of the quality of apprenticeship assessments provided by persons in relation to assessment plans published under section A2.
2
“Apprenticeship assessment” means the assessment of a person's attainment of the outcomes set out in the standard to which the F305apprenticeship assessment plan relates.
3
F3074
The Secretary of State may by regulations authorise the Institute (subject to any restrictions prescribed by the regulations) to charge fees for things done in connection with the carrying out by it of evaluations under subsection (1).
A2CUnsatisfactory apprenticeship assessments
1
If the F366Institute considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, it may carry out a review of the assessment, or make arrangements with another person for the carrying out of such a review.
2
The F366Institute may, in consequence of a review, make arrangements for the purpose of improving the quality of the assessment to which the review relates.
3
If the F366Institute—
a
considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, or
b
that a person who provides an apprenticeship assessment has failed to co-operate with a review carried out under this section or with arrangements made under subsection (2),
it may report the matter to the Secretary of State or such other person as the F366Institute considers appropriate.
4
A report under subsection (3) may contain recommendations as to the action to be taken by the person to whom the report is made.
5
The F366Institute may publish a report under subsection (3).
A2DCommittee to advise on quality evaluations etc
1
The F366Institute may establish a committee with—
a
the function of giving the F366Institute advice on the performance of its functions under sections A2B and A2C, and
b
such other functions as may be conferred on the committee by the F366Institute.
2
A majority of the members of the committee—
a
must be persons who appear to the F366Institute to have experience of the assessment of education or training, and
b
must not be members of the F366Institute.
3
Subject to that, Schedule A1 applies to a committee established under this section as it applies to committees established under paragraph 7 of that Schedule.
F369Technical education qualifications
Ss. A2DA-A2DC and cross-heading inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 15; S.I. 2019/61, reg. 2(b)
A2D1F399Approval of technical education qualifications: overview
1
Sections A2D3 and A2D5 provide for the approval of technical education qualifications.
2
Section A2D3 provides for the approval of technical education qualifications which (in conjunction with any approved steps towards occupational competence determined under section A2D4) can lead to the award of technical education certificates under section A3A.
3
Section A2D5 provides for the approval of other technical education qualifications.
4
For further provision about approval of technical education qualifications see, in particular—
a
c
section A2HA (list of technical education qualifications), and
d
section A2IA (transfer of copyright relating to technical education qualifications approved under section A2D3).
A2D2Categories of technical education qualification
1
The Institute—
a
may specify one or more categories of technical education qualification in relation to England that may be approved under section A2D3, and
b
may specify one or more categories of technical education qualification in relation to England that may be approved under section A2D5.
2
3
4
The Institute may revise or withdraw any category specified under subsection (1).
5
A technical education qualification does not cease to be approved merely because the category is revised or withdrawn under subsection (4).
6
The Institute must publish information showing—
a
the categories of technical education qualification that are for the time being specified under subsection (1), and
7
Before specifying a category of qualification under this section, the Institute must consult—
a
the Secretary of State, and
b
such other persons as the Institute considers appropriate.
F391A2D3F392Technical education certificate: approval of technical education qualifications
1
The Institute may, if it considers it appropriate, approve a technical education qualification F394under this section in respect of one or more occupations for which standards are published under section ZA11.
F3952
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3
The Institute may approve a technical education qualification under this section only if satisfied that
b
by obtaining the qualification a person demonstrates that he or she has attained as many of the outcomes set out in the standards as may reasonably be expected to be attained by undertaking a course of education.
4
The Institute may approve a technical education qualification under this section only where the Institute—
a
has determined the documents relating to the qualification to which it considers section A2IA should apply (if any), and
b
is satisfied that each person (other than the Institute) who it thinks is entitled to a right or interest in any copyright in those documents agrees to the right or interest being transferred to the Institute (see section A2IA).
5
If the Institute fails to comply with subsection (4)(b) then, unless it does so in the knowledge that a person does not agree as mentioned in that provision—
a
the failure does not invalidate the approval of the qualification, but
b
the Institute must pay such compensation (if any) as may be appropriate to any person whose right or interest is transferred to the Institute without the person's agreement.
6
In making a determination under subsection (4)(a), the Institute may take into account the likelihood of any person agreeing as mentioned in subsection (4)(b).
7
The Institute may revise its determination under subsection (4)(a) before approving the qualification.
F3968
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F3969
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F39610
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F39611
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F39612
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F39613
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F400A2D4Additional steps towards occupational competence
1
Where there is F401a technical education qualification F402that is approved under section A2D3 in respect of one or more occupations, the Institute may from time to time determine other steps that it considers it would be appropriate for a person to take in order to progress towards being a person who is competent to work in those occupations.
2
Steps determined under this section may include the obtaining of other qualifications.
3
The Institute may make a further determination under this section.
4
The Institute must publish a statement of any steps it determines under this section.
5
In this Chapter steps that the Institute determines under this section are referred to as “approved steps towards occupational competence”.
A2D5F415Further powers to approve technical education qualifications
1
The Institute may, if it considers it appropriate, approve a technical education qualification under this section in respect of one or more published occupations (each a “related” occupation).
2
But it may approve a qualification under this section only if—
a
b
the qualification meets each of the following tests in respect of the related occupation or occupations—
ii
the employer demand test (see subsection (6)), and
c
the Institute is not prevented from approving the qualification by virtue of a moratorium under section A2D9.
3
The alternative approval test is met in respect of an occupation if—
a
a standard is published under section ZA11 for the occupation, and
b
the Institute is satisfied that by obtaining the qualification a person demonstrates attainment of as many of the outcomes set out in the standard as may reasonably be expected to be attained by undertaking a course of education.
4
The additional specialist competence test is met in respect of an occupation if—
a
a standard is published under section ZA11 for the occupation, and
b
the Institute is satisfied that—
i
by obtaining the qualification, a person demonstrates attainment of particular outcomes which are additional to those set out in the standard, and
ii
attaining all those outcomes (together with attainment of the outcomes set out in the standard) would enable a person to specialise within the occupation.
5
The significant outcomes test is met in respect of one or more occupations if—
a
the Institute is satisfied that—
i
by obtaining the qualification a person demonstrates attainment of particular outcomes in relation to the occupations, and
ii
attaining those outcomes would enable a person to work in the occupations at a particular level of competence (whether in the course of training or otherwise) or to improve competence in the occupations, and
b
where standards are published under section ZA11 for any of the occupations, the outcomes are set out in the standards (whether or not all in the same standard).
6
The employer demand test is met in respect of one or more occupations if the Institute is satisfied that there is, or is likely to be, demand from employers in the occupations for employees who have obtained the particular qualification.
A2D6Approved technical education qualifications: approval and withdrawal
1
The Institute may make any arrangements that it considers appropriate—
a
to secure that suitable technical education qualifications are available for approval under section A2D3 or A2D5, or
b
in connection with the approval, or continued approval, of a technical education qualification under either of those sections.
2
The Institute may withdraw approval of a technical education qualification.
3
The Institute is not required to withdraw approval of a technical education qualification in a specified category merely because—
a
the qualification is modified, or
4
The Institute must publish information about matters that it takes into account when deciding whether or not—
a
to approve a qualification under section A2D3 or A2D5, or
b
to withdraw approval of it.
5
The matters may differ for different purposes and may, in particular, be different for—
a
qualifications in different categories specified under section A2D2, or
b
qualifications relating to different occupations.
6
7
Information published under subsection (4) may be revised or replaced, and the Institute must publish under that subsection any revised or replacement information.
A2D7Approved technical education qualifications: publication and fees
1
Where a technical education qualification is approved in respect of an occupation, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating—
a
that a technical education qualification has been approved in respect of it, and
b
whether the qualification (in conjunction with any steps approved under section A2D4) could lead to a technical education certificate.
2
If approval of the technical education qualification is withdrawn, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that the approval of the qualification has been withdrawn.
3
The Secretary of State may by regulations authorise the Institute (subject to any restrictions prescribed by the regulations) to charge fees for things done in connection with approval, or continued approval, of qualifications under section A2D5.
A2D8Reviews of approval of technical education qualifications
1
The Institute must maintain arrangements for reviewing approved technical education qualifications at regular intervals with a view to determining, for each qualification, whether—
a
it should continue to be approved,
b
it should be revised, or
c
approval should be withdrawn.
2
The Institute must publish information about the intervals at which those reviews are to be conducted.
A2D9Moratorium on further approvals under section A2D5
1
This section applies where the Institute determines that there is an appropriate number of approved technical education qualifications of a particular kind.
2
The Institute may decide that it should not approve further technical education qualifications of that kind under section A2D5 for a period (a “moratorium”).
3
Where the Institute decides that there should be a moratorium in relation to technical education qualifications of a particular kind, it—
a
must publish that decision, and
b
during the moratorium, may not approve any further technical education qualification of that kind under section A2D5.
4
A moratorium ends when the Institute decides to end it.
5
Where the Institute decides to end a moratorium, it must publish that decision.
6
The Institute must consult the Secretary of State before—
a
deciding whether there should be a moratorium in relation to qualifications of a particular kind;
b
deciding to end a moratorium.
F403A2D10Directions
A2D11F416Co-operation between the Institute and Ofqual
1
The Institute and Ofqual must co-operate with one another in the exercise of—
a
their respective functions relating to technical education qualifications, and
b
any other functions of theirs where the exercise is relevant to functions mentioned in paragraph (a).
2
Each of the Institute and Ofqual—
a
may provide advice and assistance to the other in relation to the exercise by the other of any function within subsection (1), and
b
must, in exercising any function within subsection (1), have regard to any advice or information provided to it by the other, so far as relevant to the exercise of that function.
F367Other provision relating to approved English apprenticeships and technical education
S. A2E cross-heading substituted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 16; S.I. 2019/61, reg. 2(b)
A2ERegular reviews of published standards and assessment plans
1
2
A2FRevision or withdrawal of published standards and assessment plans
1
The F366Institute may—
a
publish a revised version of a standard or F327apprenticeship assessment plan published under this Chapter, or
b
withdraw a standard or F328apprenticeship assessment plan published under this Chapter (with or without publishing another in its place).
F3292
Subsections (3) to (9) of section ZA11 apply in relation to a revised version of a standard published under this section as they do in relation to a standard published under that section.
3
Subsections (6) to (12) of section A2 apply in relation to a revised version of an apprenticeship assessment plan published under this section as they do in relation to an apprenticeship assessment plan published under that section.
F332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. A2G cross-heading omitted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 19; S.I. 2017/1055, reg. 2(b)(iii)
A2GExaminations by independent third parties
1
2
The duty imposed by subsection (1) does not apply in relation to a revised version of a standard or F330apprenticeship assessment plan, but the F366Institute may, for the purposes of a review under section A2E or at any other time, make arrangements for the carrying out of an examination of a standard or F330apprenticeship assessment plan by an independent third party.
3
4
A2HList of published standards and assessment plans
1
The F366Institute must maintain a list of the standards and assessment plans published by it under this Chapter.
2
In respect of each standard and plan listed (including any revised version), the list must include details of when it comes into force.
3
Where a revised version is listed, the list must include a general description of the cases to which the revised version applies.
4
Where a standard or plan has been withdrawn, the list must include details of when the withdrawal comes into force and a general description of the cases to which it applies.
5
The F366Institute must secure that the list is available free of charge at all reasonable times.
A2HAF370List of technical education qualifications
1
The Institute must maintain a list of approved technical education qualifications.
F4101A
For each qualification, the list must indicate whether (in conjunction with any steps determined under section A2D4) it could lead to the issue of a technical education certificate.
2
The list must include information for the purpose of enabling people to refer, in relation to each qualification, to—
a
F411any standards published under section ZA11 for the occupations in respect of which the qualification is approved, and
b
any statement of steps published under section F412A2D4 in relation to those occupations.
3
The Institute must ensure that the list is available free of charge.
A2ITransfer of copyright in standards and assessment plans
1
This section applies where—
F333a
a standard is approved by the Institute under section ZA11 or an apprenticeship assessment plan is approved by the Institute under section A2, and
b
a person (other than the F366Institute) is entitled, immediately before the time the approval is given, to any right or interest in any copyright in the standard or plan.
2
The right or interest is, by virtue of this section, transferred from that person to the F366Institute at the time the approval is given.
3
A2IAF371Transfer of copyright relating to technical education qualifications
1
This section applies where a technical education qualification is approved under section F431A2D3.
2
The right or interest in any copyright in a relevant course document is, by virtue of this section, transferred from the person to the Institute at the time the approval is given.
3
The Institute may assign to another person, or grant a licence to another person in respect of, any right or interest transferred to the Institute by virtue of this section.
4
In this section “relevant course document” means a document in relation to which the Institute has made a determination under section F432A2D3(4)(a).
A2IBF417Availability of approved technical education qualifications outside England
The Institute may provide advice and assistance, or take other steps that it considers appropriate, for the purpose of enabling approved technical education qualifications to be made available to be obtained by persons outside England.
A3Power to issue apprenticeship certificate
1
The Secretary of State may issue a certificate (“an apprenticeship certificate”) F302in respect of a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship.
2
The Secretary of State may by regulations make provision about—
a
the manner in which applications under subsection (1) must be made;
F303b
the supply by the Secretary of State of apprenticeship certificates issued under that subsection, and copies of those certificates, to—
i
persons in respect of whom they were issued;
ii
persons for whom those persons work or have worked under approved English apprenticeship agreements to which the certificates relate.
3
The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations.
A3AF372Power to issue technical education certificate
1
The Secretary of State may issue a certificate (a “technical education certificate”) to a person if it appears to the Secretary of State that the person has—
b
taken any other steps determined under section F423A2D4 in relation to the occupations in respect of which the qualification is approved.
2
The Secretary of State may by regulations make provision—
a
requiring an application to be made in a prescribed manner before a certificate is issued;
b
about the supply by the Secretary of State of copies of technical education certificates to persons to whom they were issued;
c
authorising the Secretary of State (subject to any restrictions prescribed by the regulations) to charge a fee for issuing a technical education certificate or supplying a copy.
A4Delegation
1
Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State.
2
Subsection (1) does not apply to any power of the Secretary of State to make regulations.
3
A person designated under this section must—
a
comply with directions given by the Secretary of State, and
b
have regard to guidance given by the Secretary of State.
4
A designation under this section may be revoked.
A5English apprenticeship agreements: status
1
To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English apprenticeship agreement is to be treated as not being a contract of apprenticeship.
2
To the extent that it would not otherwise be treated as being a contract of service, an approved English apprenticeship agreement is to be treated as being a contract of service.
3
This section applies for the purposes of any enactment or rule of law.
A6English apprenticeship agreements: supplementary provision
1
If an agreement—
a
contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but
b
also contains other provision which is inconsistent with those conditions,
the other provision is to be treated as having no effect.
2
Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice.
3
The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement.
4
If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect.
A7Crown servants and parliamentary staff
1
Section A1(3) applies in relation to—
a
an agreement under which a person undertakes Crown employment,
b
an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and
c
an agreement under which a person undertakes employment as—
i
a relevant member of the House of Lords staff, or
ii
a relevant member of the House of Commons staff,
as it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly).
2
Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).
3
Section A5(2) does not apply in relation to an approved English apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).
4
Without prejudice to section 262(3), the power conferred by section A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another.
5
The Secretary of State may by regulations provide for any provision of this Chapter to apply with modifications in relation to—
a
an agreement within paragraph (a), (b) or (c) of subsection (1), or
b
a person working, or proposing to work, under such an agreement.
6
In subsection (1)—
“Crown employment” means employment under or for the purposes of a government department or an officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996;
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.
F384A8Progress reports
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A9F285Public sector apprenticeship targets
1
The Secretary of State may by regulations set apprenticeship targets for prescribed public bodies.
2
An “apprenticeship target”, in relation to a public body, is a target relating to the number of persons (“apprentices”) who work for the body under an apprenticeship agreement.
3
Public bodies for which apprenticeship targets are set under this section must have regard to—
a
the targets, and
b
any applicable guidance issued by the Secretary of State in relation to the targets.
4
The Secretary of State may require a public body to provide any information that the Secretary of State needs for the purpose of exercising functions under this section.
5
Regulations under this section may set apprenticeship targets for—
a
a prescribed public body,
b
a prescribed part of a public body,
c
a prescribed group of public bodies, or
d
public bodies of a prescribed description.
A reference in this section to a public body includes a reference to a prescribed part of a public body or a prescribed group of public bodies.
6
The regulations must specify the period to which each apprenticeship target relates.
7
In this section—
“apprenticeship agreement” means—
- a
an approved English apprenticeship agreement;
- b
an apprenticeship agreement within the meaning given in section 32 as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015;
- a
“public body” means—
- a
a public authority, or
- b
a body or other person that is not a public authority but has functions of a public nature and is funded wholly or partly from public funds.
- a
A10F285Further provision about apprenticeship targets
1
A public body for which an apprenticeship target is set must—
a
publish and send to the Secretary of State the information specified in subsection (2), and
b
send to the Secretary of State any other prescribed information,
within six months after the end of each reporting period of the body in the target period.
2
The information referred to in subsection (1)(a) is—
a
the number of employees whose employment in England by the body began in the reporting period in question (“figure A”);
b
the number of apprentices who began to work for the body in that period and whose apprenticeship agreements also began in that period (“figure B”);
c
figure B expressed as a percentage of figure A;
d
the number of employees employed in England that the body has at the end of that period (“figure C”);
e
the number of apprentices who work for the body at the end of that period (“figure D”);
f
figure D expressed as a percentage of figure C;
g
if that reporting period is the first reporting period in the target period, the number of apprentices who worked for the body immediately before that period.
3
The information that may be prescribed under subsection (1)(b) includes—
a
information about action that the body has taken to meet an apprenticeship target set for it;
b
if the public body has failed to meet an apprenticeship target set for it, an explanation of why the target has not been met;
c
information about action that the body proposes to take to meet an apprenticeship target set for the body for a period that has not yet expired (“a future target”);
d
if the body considers that a future target is not likely to be met, an explanation of why that is so.
4
Regulations may specify how the information is to be published or sent.
5
A body's “reporting periods” in the target period are—
a
so much of the first financial year of the body to end in the target period as falls within that period,
b
each subsequent financial year of the body which falls wholly within the target period, and
c
if the target period ends during a financial year of the body, so much of that financial year as falls within that period.
6
But, where the target period in relation to a body does not exceed 12 months, the Secretary of State may direct in writing that for the purposes of this section the body is to be treated as having one reporting period which coincides with the target period.
7
Where, by virtue of section A9(5)(c) or (d) a target is set for more than one public body, regulations may specify which body's financial year is to be used to determine the reporting periods under subsection (5).
8
In this section—
“apprenticeship agreement” has the meaning given by section A9(7);
“apprenticeship target” has the meaning given by section A9(2);
“public body” has the meaning given by section A9(7);
“target period”, in relation to an apprenticeship target, means the period specified under section A9(6) as the period to which the target relates.
A11F297Only statutory apprenticeships to be described as apprenticeships
1
A person (“P”) providing or offering any course or training that is, or is to be, undertaken (wholly or partly) in England commits an offence if—
a
in the course of business P describes the course or training as an apprenticeship, and
b
the course or training is not a statutory apprenticeship.
2
No offence is committed under subsection (1) where the course or training is, or is to be, provided to an individual under or in pursuance of a contract of employment between the individual and P.
3
In subsection (1) “statutory apprenticeship” means any course or training that is, or is to be, provided under—
a
an approved English apprenticeship;
b
an apprenticeship agreement within the meaning given in section 32;
c
an arrangement to undertake any other kind of working—
i
in relation to which alternative English completion conditions apply under section 1(5), and
ii
in connection with which training is to be provided in accordance with an apprenticeship framework within the meaning given in section 12; or
d
arrangements made under—
i
section 2 of the Employment and Training Act 1973,
ii
section 17B(1)(a) of the Jobseekers Act 1995,
iii
section 2(3) of the Enterprise and New Towns (Scotland) Act 1990, or
iv
section 1 of the Employment and Training Act (Northern Ireland) 1950,
that are identified by the person making the arrangements as arrangements for the provision of apprenticeships.
4
The reference to section 32 in subsection (3)(b) includes a reference to that section as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015; and a reference to a section in subsection (3)(c) is a reference to the section as it so applies.
5
A person guilty of an offence under this section is liable on summary conviction to a fine.
6
Where an offence under this section committed by a body corporate—
a
is committed with the consent or connivance of an officer of the body corporate, or
b
is attributable to neglect on the part of an officer of the body corporate,
the officer also commits the offence and is liable to be proceeded against and punished accordingly.
7
Every local weights and measures authority in England—
a
has a duty to enforce the provisions of this section within their area;
b
must make to the Secretary of State, whenever he or she so directs, a report on the exercise of the authority's functions under this section.
A report under paragraph (b) must be in such form, and contain such particulars, as the Secretary of State may direct.
8
Proceedings for an offence under this section may be instituted only—
a
by or on behalf of a local weights and measures authority in England,
b
by or on behalf of the Secretary of State, or
c
with the consent of the Director of Public Prosecutions.
9
In this section—
“contract of employment” has the same meaning as in the Employment Rights Act 1996 (see section 230(2) of that Act);
“offering”, in relation to any course or training, includes offering or marketing it to the public generally or to any section of the public;
“officer”, in relation to a body corporate, means—
- a
a director, manager, secretary or similar officer of the body, or a person purporting to act in such capacity;
- b
a governor of an educational institution conducted by the body.
- a
10
The reference in subsection (1) to describing any course or training as an apprenticeship includes a reference to describing an individual who undertakes it as an apprentice.
A12F418Interpretation of Chapter A1
1
In this Chapter—
“approved technical education qualification” means a technical education qualification that is approved by the Institute under section A2D3 or A2D5;
“Ofqual” means the Office of Qualifications and Examinations Regulation;
“published occupation” means an occupation which the Institute has determined falls within section ZA10(1)(a) and in relation to which information is published under section ZA10(5);
“specified category”, in relation to a qualification, means a category specified under section A2D2;
“technical education certificate” has the meaning given by section A3A;
“technical education qualification” means a qualification that relates to one or more occupations.
2
References in this Chapter to approval, in relation to a technical education qualification approved under section A2D3 or A2D5, are to approval under the section in question.
Chapter 1F161Apprenticeships: Wales
Pt. 1 Ch. 1 heading substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 6; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F165...
S. 1 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 7; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F1651Meaning of “completing an English apprenticeship”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3322Meaning of “completing a Welsh apprenticeship”
1
This section applies for the purposes of this Chapter.
2
A person completes a Welsh apprenticeship in relation to an apprenticeship framework if—
a
the standard Welsh completion conditions are met, or
b
the alternative Welsh completion conditions are met.
3
The standard Welsh completion conditions are—
a
that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,
b
that at the date of that agreement the framework was a recognised Welsh framework,
c
that the person has completed a course of training for the competencies qualification identified in the framework,
d
that, throughout the duration of the course, the person was working under the apprenticeship agreement, and
e
that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.
4
In subsection (3)(d)—
a
the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;
b
the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.
5
The alternative Welsh completion conditions are conditions which—
a
apply in cases where a person works otherwise than under an apprenticeship agreement, and
b
are specified in regulations made by the Welsh Ministers.
6
The kinds of working in relation to which provision may be made under subsection (5) include—
a
working as a self-employed person;
b
working otherwise than for reward.
F167...
Ss. 3-6 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 8; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F1673Duty to issue: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1674Power to issue: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1675Issue by the English certifying authority: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1676The English certifying authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apprenticeship certificates: Wales
I3337Duty to issue: Wales
1
The Welsh certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
a
it appears to the authority that the person has completed a Welsh apprenticeship in relation to the apprenticeship framework,
b
in a case within section 2(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person's application, and
c
the person—
i
provides the authority with such information and evidence as the authority requires the person to provide, and
ii
pays any fee charged by the authority for the issue of the certificate (see section 9).
2
The “prescribed manner” is the manner prescribed by regulations made by the Welsh Ministers.
I3348Power to issue: Wales
1
The Welsh certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
a
it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,
b
the framework is, or has been, a recognised Welsh framework,
c
the person—
i
provides the authority with such information and evidence as the authority requires the person to provide, and
ii
pays any fee charged by the authority for the issue of the certificate (see section 9).
2
The “prescribed manner” for the purposes of subsection (1), is the manner prescribed by regulations made by the Welsh Ministers.
I3359Issue by the Welsh certifying authority: supplementary
1
The Welsh certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations made by the Welsh Ministers.
2
Regulations made by the Welsh Ministers may make provision about the supply of copies of apprenticeship certificates issued under section 7 or 8.
3
Regulations under subsection (2) may include provision authorising a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.
I33610The Welsh certifying authority
1
In this Chapter, the “Welsh certifying authority”, in relation to an apprenticeship certificate of any description, means—
a
the person (if any) designated under this section to issue apprenticeship certificates of that description;
b
if there is no-one within paragraph (a), the person (if any) designated under this section to issue apprenticeship certificates generally;
c
if there is no-one within paragraph (a) or (b), the Welsh Ministers.
2
A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—
a
comply with directions given by the Welsh Ministers, and
b
have regard to guidance given by the Welsh Ministers.
3
“Designated” means designated by an order made by the Welsh Ministers.
Contents of apprenticeship certificate: F162...Wales
Words in s. 11 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 9(c); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
I318I34611Contents of apprenticeship certificate
1
An apprenticeship certificate must state—
a
the name of the person to whom it is issued,
b
the apprenticeship framework to which it relates,
c
the level of that framework, and
d
the apprenticeship sector to which that framework relates.
2
An apprenticeship certificate must also state such other matters as F180the Welsh Ministers may by regulations require to be stated in a certificate of that description.
F1813
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apprenticeship frameworks: F163... Wales
Words in s. 12 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 10(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
I312I34712Apprenticeship frameworks: interpretation
1
In this Chapter, “apprenticeship framework” means a specification of requirements, for the purpose of the issue of apprenticeship certificates, that satisfies subsection (2).
2
The requirements specified must—
a
be at a particular level stated in the specification, and
b
relate to a particular skill, trade or occupation included in an apprenticeship sector stated in the specification.
F1823
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In this Chapter, “recognised Welsh framework” means an apprenticeship framework issued under section 19(1) from which recognition has not been withdrawn under section 19(2).
5
For the purposes of this Chapter—
a
an apprenticeship framework is at the level of the requirements stated in it;
b
an apprenticeship framework relates to the apprenticeship sector stated in it.
F168...
Ss. 13-17 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 11; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F16813English issuing authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16814Issue: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16815Recognised English frameworks: notification and publication
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16816Submission of draft framework for issue: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16817Transitional provision: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apprenticeship frameworks: Wales
I33718Welsh issuing authority
1
The Welsh Ministers may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.
F3442
The power to designate conferred by this section may not be exercised in such a way that there is at any time more than one person designated to issue apprenticeship frameworks relating to a particular apprenticeship sector.
3
A person designated under this section must, in exercising functions under this Chapter—
a
comply with directions given by the Welsh Ministers;
b
have regard to guidance given by the Welsh Ministers.
4
A designation under this section may be amended or revoked by the Welsh Ministers.
F3455
In this Chapter, the “Welsh issuing authority”, in relation to an apprenticeship framework, means—
a
the person (if any) designated under this section to issue frameworks of that description;
b
if there is no-one so designated, the Welsh Ministers.
I33819Issue: Wales
1
The Welsh issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for Wales, for recognised Welsh frameworks of that description.
2
Recognition of a recognised Welsh framework may be withdrawn F346by the Welsh issuing authority—
F347a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F347b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I33920Recognised Welsh frameworks: notification and publication
1
On issuing an apprenticeship framework under section 19(1), the Welsh issuing authority must—
a
publish the framework;
b
F348if the issuing authority is not the Welsh Ministers, notify the Welsh Ministers of the issue of the framework.
2
A notice given under subsection (1)(b) must be accompanied by a copy of the framework.
3
F349A Welsh issuing authority which withdraws recognition of an apprenticeship framework under section 19(2) must—
a
publish a notice stating that recognition of the framework has been withdrawn;
b
F350in the case where the issuing authority are not the Welsh Ministers, notify the Welsh Ministers of the withdrawal.
4
Where this section imposes a duty on a person to publish a framework or notice, the publication may be in such manner as the person thinks fit.
I34021Submission of draft framework for issue: Wales
1
This section applies if a person—
a
submits a draft of an apprenticeship framework to the Welsh issuing authority, and
b
requests that the authority issue a framework in the form of the draft.
2
The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.
3
If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.
I34122Transitional provision: Wales
1
The Welsh Ministers may by order provide for an existing vocational specification to be treated, for all purposes or for purposes specified in the order, as if it were an apprenticeship framework issued under section 19(1) that specified requirements for the purpose of the issue of apprenticeship certificates.
2
For the purposes of its application in relation to an existing vocational specification that, by virtue of an order under subsection (1), is treated as an apprenticeship framework issued under section 19(1), this Chapter has effect subject to any modifications specified in the order.
3
An order under subsection (1) must—
a
specify a date on which the deemed framework is to be treated as being issued under section 19(1);
b
specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 19(2);
c
specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;
d
specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.
4
The date specified under subsection (3)(b) in an order under subsection (1) must be no later than the day after the day that is the school leaving date for 2013.
5
In this section—
“the deemed framework”, in relation to an order under subsection (1), means an existing vocational specification that, by virtue of the order, is treated as being an apprenticeship framework issued under section 19(1);
“existing vocational specification” means a specification, prepared before the coming into force of section 19, of training, qualifications and skills appropriate for persons engaging in a particular trade, skill or occupation.
6
Nothing in this section limits the powers conferred by section 262.
F166...
Ss. 23-27 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 12; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F16623Duty to prepare and submit draft specification: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16624Order bringing specification into effect
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16625Modification: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16626Replacement or modification: recognised English frameworks
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16627Contents of specification of apprenticeship standards for England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Specification of apprenticeship standards: Wales
I34228Specification of apprenticeship standards for Wales
1
The Welsh Ministers may prepare a draft specification of apprenticeship standards.
2
In preparing the draft, the Welsh Ministers must consult such persons as they think appropriate.
3
Having prepared a draft, the Welsh Ministers may by order provide that a specification of apprenticeship standards (“the specification of apprenticeship standards for Wales”) is to have effect—
a
in the form of the draft, or
b
in that form with such modifications as the Welsh Ministers think appropriate.
4
Subsection (2) does not apply in relation to the first draft specification to be prepared by the Welsh Ministers after the commencement of this section.
5
The Welsh Ministers may not make an order under subsection (3) unless satisfied that the specification of apprenticeship standards given effect to by the order complies with section 31.
6
The power conferred by subsection (3) is to be exercised so as to secure that at any time only one specification of apprenticeship standards has effect as the specification of apprenticeship standards for Wales.
I34329Modification: Wales
1
The Welsh Ministers may by order provide that the specification of apprenticeship standards for Wales is to have effect subject to modifications specified in the order.
2
The Welsh Ministers may not make an order under this section unless satisfied that the specification, as so modified, complies with section 31.
I34430Replacement or modification: recognised Welsh frameworks
1
Subject to subsection (2), a recognised Welsh framework does not cease to be a recognised Welsh framework if, by virtue of an order under section 28 or 29, it ceases to meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales.
2
An order under section 28 may provide for an apprenticeship framework which—
a
immediately before the making of the order is a recognised Welsh framework, but
b
does not meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales to which the order gives effect,
to cease to have effect as a recognised Welsh framework.
I34531Contents of specification of apprenticeship standards for Wales
1
The specification of apprenticeship standards for Wales—
a
must specify requirements to be met by recognised Welsh frameworks,
b
may specify different requirements in relation to recognised Welsh frameworks at different levels.
2
The requirements specified by the specification of apprenticeship standards for Wales must include—
a
requirements as to Welsh certificate requirements, including requirements as to standards of attainment to be required by them,
b
requirements for a recognised Welsh framework to include, as a Welsh certificate requirement, the requirement that an apprenticeship certificate relating to the framework may be issued to a person only if the person has received both on-the-job training and off-the-job training, and
c
requirements for a recognised Welsh framework to—
i
include, as a Welsh certificate requirement, the requirement that one or more qualifications be held,
ii
include, as a Welsh certificate requirement, the requirement that the qualification, or the qualifications taken together, demonstrate the relevant occupational competencies and the relevant technical knowledge, and
iii
identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.
3
Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.
4
In this section—
“off-the-job training” in relation to a recognised Welsh framework, is training which—
- a
is received for the purposes of the skill, trade or occupation to which the framework relates, and
- b
is not on-the-job training;
- a
“on-the-job training” in relation to a recognised Welsh framework, is training received in the course of carrying on the skill, trade or occupation to which the framework relates;
“the relevant occupational competencies”, in relation to a recognised Welsh framework, means the competencies required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;
“the relevant technical knowledge”, in relation to a recognised Welsh framework, means the technical knowledge required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;
“Welsh certificate requirement” means a requirement specified in a recognised Welsh framework for the purpose of the issue of apprenticeship certificates relating to that framework by the Welsh certifying authority.
Apprenticeship agreements: F164... Wales
Words in s. 32 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 13; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
I319I32732Meaning of “apprenticeship agreement”
1
In this Chapter, “apprenticeship agreement” means an agreement in relation to which each of the conditions in subsection (2) is satisfied.
2
The conditions are—
a
that a person (the “apprentice”) undertakes to work for another (the “employer”) under the agreement;
b
that the agreement is in the prescribed form;
c
that the agreement states that it is governed by the law of England and Wales;
d
that the agreement states that it is entered into in connection with a qualifying apprenticeship framework.
3
The power conferred by subsection (2)(b) may be exercised, in particular—
a
to specify provisions that must be included in an apprenticeship agreement;
b
to specify provisions that must not be included in an apprenticeship agreement;
c
to specify all or part of the wording of provisions that must be included in an apprenticeship agreement.
4
Where an agreement states that it is entered into in connection with an apprenticeship framework (“the relevant framework”) that is not a qualifying apprenticeship framework, subsection (2)(d) is to be taken to be satisfied in relation to the agreement if—
a
at a time within the period of three years ending with the date of the agreement, the relevant framework was a qualifying apprenticeship framework;
b
at the date of the agreement, the apprentice has not completed the whole of a course of training for the competencies qualification identified in the relevant framework,
c
before the date of the agreement, the apprentice entered into an apprenticeship agreement (“the earlier agreement”) which stated that it was entered into in connection with the relevant framework, and
d
at the date of the earlier agreement, the relevant framework was a qualifying apprenticeship framework.
5
In subsection (4)(b), the reference to a course of training for the competencies qualification is to be read, in a case where the person follows two or more courses of training for the competencies qualification, as a reference to both or all of them.
6
An apprenticeship framework is a “qualifying apprenticeship framework”, for the purposes of this section, if it is—
F183a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a recognised Welsh framework.
I320I32833Ineffective provisions
1
To the extent that provision included in an apprenticeship agreement conflicts with the prescribed apprenticeship provisions, it has no effect.
2
In this section, the “prescribed apprenticeship provisions”, in relation to an apprenticeship agreement, means those provisions—
a
that are included in the agreement, and
b
without the inclusion of which the agreement would not satisfy section 32(2)(b).
I321I32934Variation
1
If a variation to an apprenticeship agreement is within subsection (2), it has effect only if, before it was made, the employer complied with the requirement in subsection (3).
2
A variation to an apprenticeship agreement is within this subsection if its nature is such that, were it to take effect, the agreement would cease to be an apprenticeship agreement.
3
The employer must give the apprentice written notice stating that, if the variation takes effect, the agreement will cease to be an apprenticeship agreement.
I322I33035Status
1
To the extent that it would otherwise be treated as being a contract of apprenticeship, an apprenticeship agreement is to be treated as not being a contract of apprenticeship.
2
To the extent that it would not otherwise be treated as being a contract of service, an apprenticeship agreement is to be treated as being a contract of service.
3
This section applies for the purposes of any enactment or rule of law.
I323I33136Crown servants and Parliamentary staff
1
Sections 32 to 35 apply in relation to—
a
an agreement under which a person undertakes Crown employment,
b
an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and
c
an agreement under which a person undertakes employment as—
i
a relevant member of the House of Lords staff, or
ii
a relevant member of the House of Commons staff,
as they apply in relation to any other agreement under which a person undertakes to work for another.
2
Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).
3
Section 35(2) does not apply in relation to an apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).
4
Without prejudice to section 262(3), the power conferred by section 32(2)(b) may be exercised, in particular, to make provision in relation to an apprenticeship agreement which is an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other apprenticeship agreements.
5
Regulations may provide for any provision of this Chapter F118... to apply with modifications in relation to—
a
an agreement within paragraph (a), (b) or (c) of subsection (1), or
b
a person working, or proposing to work, under such an agreement.
6
In subsection (1)—
“Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996 (c. 18);
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.
Duty to participate in education or training: England
I32437Duty to participate in education or training: apprenticeship agreements
1
Part 1 of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training: England) is amended as follows.
2
In section 2 (duty to participate), in subsection (1)(b) after “contract of apprenticeship” insert “
or an apprenticeship agreement
”
.
3
In section 66 (interpretation of Part 1), in subsection (1)—
a
at the appropriate place insert—
“ “apprenticeship agreement” has the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009;”;
b
in the definition of “contract of employment” after “contract of apprenticeship” insert “
or an apprenticeship agreement
”
.
General
I31338Apprenticeship sectors
1
F184The Welsh Ministers must by order specify sectors of skill, trade or occupation for the purposes of this Chapter.
2
The sectors specified under subsection (1) must in the opinion of F185the Welsh Ministers encompass the full range of skills, trades and occupations.
I325I34839Interpretation of Chapter
1
In this Chapter—
“apprenticeship agreement” has the meaning given by section 32(1);
“apprenticeship certificate” means a certificate issued under section F186... 7 or 8;
“apprenticeship framework” has the meaning given by section 12(1);
“apprenticeship sector” means a sector specified under section 38;
“the competencies qualification”, in relation to an apprenticeship framework, means the qualification identified in the framework as being the competencies qualification;
F187...
F187...
F187...
“recognised Welsh framework” has the meaning given by section 12(4);
F187...
“the specification of apprenticeship standards for Wales” means the specification of apprenticeship standards having effect for the time being by virtue of an order made by the Welsh Ministers under section 28 or 29;
“Welsh certifying authority”, in relation to an apprenticeship certificate of any description, has the meaning given by section 10(1);
“Welsh issuing authority”, in relation to an apprenticeship framework, has the meaning given by section 18(5).
2
References in this Chapter—
a
to the level of an apprenticeship framework, or
b
to the apprenticeship sector to which an apprenticeship framework relates,
are to be construed in accordance with section 12(5).
3
References in this Chapter to an employer and an apprentice, in relation to an apprenticeship agreement, are to be construed in accordance with section 32.
Chapter 2Study and training
I26740Employer support for employee study and training
1
The Employment Rights Act 1996 (c. 18) is amended as follows.
2
After Part 6 (time off work) insert—
Part 6AStudy and training
63DStatutory right to make request in relation to study or training
1
A qualifying employee may make an application under this section to his or her employer.
2
An application under this section (a “section 63D application”) is an application that meets—
a
the conditions in subsections (3) to (5), and
b
any further conditions specified by the Secretary of State in regulations.
3
The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).
4
Study or training is within this subsection if its purpose is to improve—
a
the employee's effectiveness in the employer's business, and
b
the performance of the employer's business.
5
The application must state that it is an application under this section.
6
An employee is a qualifying employee for the purposes of this section if the employee—
a
satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and
b
is not a person within subsection (7).
7
The following persons are within this subsection—
a
a person of compulsory school age (or, in Scotland, school age);
b
a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds) applies;
c
a person who, by virtue of section 29 of that Act, is treated as a person to whom that Part applies for the purposes specified in that section (extension for person reaching 18);
d
a person to whom section 63A of this Act (right to time off for young person for study or training) applies;
e
an agency worker;
f
a person of a description specified by the Secretary of State in regulations.
8
Nothing in this Part prevents an employee and an employer from making any other arrangements in relation to study or training.
9
In this section—
“agency worker” means a worker supplied by a person (the “agent”) to do work for another person (the “principal”) under a contract or other arrangement between the agent and principal;
“compulsory school age” has the meaning given in section 8 of the Education Act 1996;
“school age” has the meaning given in section 31 of the Education (Scotland) Act 1980.
63ESection 63D application: supplementary
1
A section 63D application may—
a
be made in relation to study or training of any description (subject to section 63D(3) and (4) and regulations under section 63D(2));
b
relate to more than one description of study or training.
2
The study or training may (in particular) be study or training that (if undertaken)—
a
would be undertaken on the employer's premises or elsewhere (including at the employee's home);
b
would be undertaken by the employee while performing the duties of the employee's employment or separately;
c
would be provided or supervised by the employer or by someone else;
d
would be undertaken without supervision;
e
would be undertaken within or outside the United Kingdom.
3
The study or training need not be intended to lead to the award of a qualification to the employee.
4
A section 63D application must—
a
give the following details of the proposed study or training—
i
its subject matter;
ii
where and when it would take place;
iii
who would provide or supervise it;
iv
what qualification (if any) it would lead to;
b
explain how the employee thinks the proposed study or training would improve—
i
the employee's effectiveness in the employer's business, and
ii
the performance of the employer's business;
c
contain information of any other description specified by the Secretary of State in regulations.
5
The Secretary of State may make regulations about—
a
the form of a section 63D application;
b
when a section 63D application is to be taken to be received for the purposes of this Part.
63FEmployer's duties in relation to application
1
Subsections (4) to (7) apply if—
a
an employer receives a section 63D application (the “current application”) from an employee, and
b
during the relevant 12 month period the employer has not received another section 63D application (an “earlier application”) from the employee.
2
The “relevant 12 month period” is the 12 month period ending with the day on which the employer receives the current application.
3
The Secretary of State may make regulations about circumstances in which, at an employee's request, an employer is to be required to ignore an earlier application for the purposes of subsection (1).
4
The employer must deal with the application in accordance with regulations made by the Secretary of State.
5
The employer may refuse a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to the application.
6
The employer may refuse part of a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to that part.
7
The permissible grounds for refusal are—
a
that the proposed study or training to which the application, or the part in question, relates would not improve—
i
the employee's effectiveness in the employer's business, or
ii
the performance of the employer's business;
b
the burden of additional costs;
c
detrimental effect on ability to meet customer demand;
d
inability to re-organise work among existing staff;
e
inability to recruit additional staff;
f
detrimental impact on quality;
g
detrimental impact on performance;
h
insufficiency of work during the periods the employee proposes to work;
i
planned structural changes;
j
any other grounds specified by the Secretary of State in regulations.
63GRegulations about dealing with applications
1
Regulations under section 63F(4) may, in particular, include provision—
a
for the employee to have a right to be accompanied by a person of a specified description when attending meetings held in relation to a section 63D application in accordance with any such regulations;
b
for the postponement of such a meeting if the employee's companion under paragraph (a) is not available to attend it;
c
in relation to companions under paragraph (a), corresponding to section 10(6) and (7) of the Employment Relations Act 1999 (right to paid time off to act as companion, etc.);
d
in relation to the rights under paragraphs (a) to (c), for rights to complain to an employment tribunal and not to be subjected to a detriment, and about unfair dismissal;
e
for section 63D applications to be treated as withdrawn in specified circumstances.
2
In this section “specified” means specified in the regulations.
63HEmployee's duties in relation to agreed study or training
1
This section applies if an employer has agreed to a section 63D application, or part of a section 63D application, made by an employee in relation to particular study or training (the “agreed study or training”).
2
The employee must inform the employer if the employee—
a
fails to start the agreed study or training;
b
fails to complete the agreed study or training;
c
undertakes, or proposes to undertake, study or training that differs from the agreed study or training in any respect (including those specified in section 63E(4)(a)).
3
The Secretary of State may make regulations about the way in which the employee is to comply with the duty under subsection (2).
63IComplaints to employment tribunals
1
An employee who makes a section 63D application may present a complaint to an employment tribunal that—
a
the employer has failed to comply with section 63F(4), (5) or (6), or
b
the employer's decision to refuse the application, or part of it, is based on incorrect facts.
This is subject to the following provisions of this section.
2
No complaint under this section may be made in respect of a section 63D application which has been disposed of by agreement or withdrawn.
3
In the case of a section 63D application that has not been disposed of by agreement or withdrawn, a complaint under this section may only be made if the employer—
a
notifies the employee of a decision to refuse the application (or part of it) on appeal, or
b
commits a breach of regulations under section 63F(4), where the breach is of a description specified by the Secretary of State in regulations.
4
No complaint under this section may be made in respect of failure to comply with provision included in regulations under section 63F(4) because of—
a
section 63G(1)(a) or (b), if provision is included in regulations under section 63F(4) by virtue of section 63G(1)(d), or
b
section 63G(1)(c).
5
An employment tribunal may not consider a complaint under this section unless the complaint is presented—
a
before the end of the period of three months beginning with the relevant date, or
b
within any further period that the tribunal considers reasonable, if the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
6
The relevant date is—
a
in the case of a complaint permitted by subsection (3)(a), the date on which the employee is notified of the decision on the appeal;
b
in the case of a complaint permitted by subsection (3)(b), the date on which the breach was committed.
63JRemedies
1
If an employment tribunal finds a complaint under section 63I well-founded it must make a declaration to that effect and may—
a
make an order for reconsideration of the section 63D application;
b
make an award of compensation to be paid by the employer to the employee.
2
The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, but must not exceed the permitted maximum.
3
The permitted maximum is the number of weeks' pay specified by the Secretary of State in regulations.
4
If an employment tribunal makes an order under subsection (1)(a), section 63F and regulations under that section apply as if the application had been received on the date of the order (instead of on the date it was actually received).
63KSupplementary
Regulations under this Part may make different provision for different cases.
3
After section 47E (protection from suffering detriment in employment: flexible working) insert—
47FStudy and training
1
An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee—
a
made (or proposed to make) a section 63D application,
b
exercised (or proposed to exercise) a right conferred on the employee under section 63F,
c
brought proceedings against the employer under section 63I, or
d
alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
2
This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.
4
After section 104D (unfair dismissal: pension enrolment) insert—
104EStudy and training
An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—
a
made (or proposed to make) a section 63D application,
b
exercised (or proposed to exercise) a right conferred on the employee under section 63F,
c
brought proceedings against the employer under section 63I, or
d
alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
5
Schedule 1 makes amendments to employment legislation relating to the provision made by this section.
F286Part 1AApprenticeships F398, Technical Education QualificationsF336and other education and training: information sharing
Pt. 1A inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 26(1), 44(5); S.I. 2016/695, art. 2(a)
Words in Pt. 1A heading inserted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 11(3), 36(3); S.I. 2022/965, reg. 3(6) (with regs. 4, 5)
Words in Pt. 1A heading inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 26; S.I. 2017/1055, reg. 3(b)(ii)
England
40ASharing of information by HMRC and the Secretary of State
1
HMRC may disclose information held by them to the Secretary of State for the purpose of the Secretary of State's functions in relation to English statutory apprenticeships.
2
The Secretary of State may disclose information to HMRC—
a
for the purpose of requesting HMRC to disclose information under subsection (1), or
b
for another purpose connected with the Secretary of State's functions in relation to English statutory apprenticeships.
3
In this section “English statutory apprenticeships” means—
a
approved English apprenticeships within the meaning given in section A1;
b
apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised English frameworks;
c
apprenticeships in relation to which alternative English completion arrangements apply under section 1(5);
d
apprenticeships undertaken under arrangements made in relation to England under section 2 of the Employment and Training Act 1973 that are identified by the person making them as arrangements for the provision of apprenticeships.
40AAF337Sharing of information by or with the Institute
1
The Institute for Apprenticeships and Technical Education may disclose information to a relevant person for the purpose of a relevant function of that person.
2
For disclosure of information by the Institute for the purposes of its own functions, see paragraph 10 of Schedule A1.
3
A relevant person may disclose information to the Institute for the purpose of—
a
a function of the Institute, or
b
a relevant function of that person.
4
In this section “relevant person” means—
a
Ofqual,
b
the OfS,
c
Ofsted, or
d
a prescribed person.
5
In this section “relevant function” means—
a
in relation to Ofqual, the OfS or Ofsted, a function of that body, so far as the function relates to England;
b
in relation to a prescribed person, a prescribed function of that person, so far as the function relates to England.
6
In this section—
“Ofqual” means the Office of Qualifications and Examinations Regulation;
“OfS” means the Office for Students;
“Ofsted” means—
- a
the Office for Standards in Education, Children's Services and Skills, and
- b
Her Majesty's Chief Inspector of Education, Children's Services and Skills.
- a
7
Regulations under this section prescribing functions of a person may prescribe all of the person's functions.
40ABF397Sharing of technical education information by or with Ofqual
1
Ofqual may disclose information to a relevant person for the purpose of a relevant function of—
a
Ofqual, or
b
the relevant person.
2
A relevant person may disclose information to Ofqual for the purpose of a relevant function of—
a
Ofqual, or
b
the relevant person.
3
In this section “relevant person” means—
a
the Secretary of State;
b
the OfS;
c
Ofsted;
d
a prescribed person.
4
In this section “relevant function” means—
a
in relation to the Secretary of State, Ofqual, the OfS or Ofsted, a technical education function of that body so far as the function relates to England;
b
in relation to a prescribed person, a prescribed technical education function of that person, so far as the function relates to England.
5
In this section—
“Ofqual”, the “OfS” and “Ofsted” have the same meanings as in section 40AA;
“technical education function” means a function that relates to technical education qualifications approved, or that may be approved, by the Institute for Apprenticeships and Technical Education under section A2D3 or A2D5.
Wales, Scotland and Northern Ireland
40BSharing of information by HMRC and devolved authorities
1
HMRC may disclose information held by them—
a
to a Welsh authority for the purpose of the authority's functions in relation to Welsh apprenticeships;
b
to a Scottish authority for the purpose of the authority's functions in relation to Scottish apprenticeships;
c
to a Northern Irish authority for the purpose of the authority's functions in relation to Northern Irish apprenticeships.
2
An authority mentioned in paragraph (a), (b) or (c) of subsection (1) may disclose information to HMRC—
a
for the purpose of requesting HMRC to disclose information to the authority under subsection (1), or
b
for another purpose connected with the authority's functions mentioned in subsection (1).
3
In this section—
“Northern Irish apprenticeships” means apprenticeships undertaken under arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 that are identified by the person making them as arrangements for the provision of apprenticeships;
“Northern Irish authority” means—
- a
a Northern Ireland department, and
- b
any body or other person that is prescribed, or of a prescribed description;
- a
“Scottish apprenticeships” means apprenticeships undertaken under arrangements made—
- a
in relation to Scotland, under section 2 of the Employment and Training Act 1973, or
- b
under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,
that are identified by the person making them as arrangements for the provision of apprenticeships;
- a
“Scottish authority” means—
- a
the Scottish Ministers, and
- b
any body or other person that is prescribed, or of a prescribed description;
- a
“Welsh apprenticeships” means—
- a
apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised Welsh frameworks;
- b
apprenticeships in relation to which alternative Welsh completion arrangements apply under section 2(5);
- c
apprenticeships undertaken under arrangements made in relation to Wales under—
- i
section 2 of the Employment and Training Act 1973, or
- ii
section 17B of the Jobseekers Act 1995,
that are identified by the person making them as arrangements for the provision of apprenticeships;
- i
- a
“Welsh authority” means—
- a
the Welsh Ministers, and
- b
any body or other person that is prescribed, or of a prescribed description.
- a
4
In subsection (3)—
a
the reference to a Northern Ireland department includes a reference to a person providing services to a Northern Ireland department;
b
the reference to the Scottish Ministers includes a reference to a person providing services to the Scottish Ministers;
c
the reference to the Welsh Ministers includes a reference to a person providing services to the Welsh Ministers.
5
Regulations under this section may amend the definition in subsection (3) of—
a
“Northern Irish apprenticeships”,
b
“Scottish apprenticeships”, or
c
“Welsh apprenticeships”.
General
40CWrongful disclosure
1
Information disclosed by HMRC under section 40A(1) or 40B(1) may not be disclosed by the recipient of the information to any other person without the consent of HMRC (except so far as permitted by section 40A(2) or 40B(2)).
2
If a person discloses, in contravention of subsection (1), any revenue and customs information relating to a person whose identity—
a
is specified in the disclosure, or
b
can be deduced from it,
section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
40DInterpretation
1
In this Part—
“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;
“revenue and customs information relating to a person” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005 (see section 19(2) of that Act).
2
In this Part—
a
references to HMRC include references to a person providing services to HMRC;
b
references to the Secretary of State include references to a person providing services to the Secretary of State.
3
Nothing in this Part
F338a
affects any power to disclose information that exists apart from this Part,
F339b
authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.
Part 2F18Local authority functions
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , Sch. 2 para. 16(2)
Education and training for persons over compulsory school age
I14041Education and training for persons over compulsory school age: general duty
Before section 15A of the Education Act 1996 (c. 56) insert—
15ZADuty in respect of education and training for persons over compulsory school age: England
1
A F18local authority in England must secure that enough suitable education and training is provided to meet the reasonable needs of—
a
persons in their area who are over compulsory school age but under 19, and
b
persons in their area who are aged 19 or over but under 25 and are subject to learning difficulty assessment.
2
A F18local authority may comply with subsection (1) by securing the provision of education or training outside as well as within their area.
3
In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a F18local authority must (in particular) have regard to—
a
the persons' ages, abilities and aptitudes;
b
any learning difficulties the persons may have;
c
the quality of the education or training;
d
the locations and times at which the education or training is provided.
4
In performing the duty imposed by subsection (1) a F18local authority must—
a
act with a view to encouraging diversity in the education and training available to persons;
b
act with a view to increasing opportunities for persons to exercise choice;
c
act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;
d
take account of education and training whose provision the authority think might reasonably be secured by other persons.
5
A F18local authority must, in—
a
making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or
b
securing the provision of any apprenticeship training under that subsection,
co-operate with the Chief Executive of Skills Funding.
6
For the purposes of this section a person has a learning difficulty if—
a
the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
b
the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.
7
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
8
In this section—
“apprenticeship training” means training provided in connection with—
- a
an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),
- b
any other contract of employment, or
- c
any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”);
“education” includes full-time and part-time education;
“training” includes—
- a
full-time and part-time training;
- b
vocational, social, physical and recreational training;
- c
apprenticeship training.
9
The references in subsection (1) to—
a
persons in a local authority's area who are over compulsory school age but under 19, and
b
persons in a local authority's area who are aged 19 or over but under 25 and are subject to learning difficulty assessment,
do not include persons who are subject to a detention order.
15ZBCo-operation in performance of section 15ZA duty
F19Local authorities in England must co-operate with each other in performing their duties under section 15ZA(1).
I14142Encouragement of education and training for persons over compulsory school age
After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 41) insert—
15ZCEncouragement of education and training for persons over compulsory school age: England
1
A F18local authority in England must—
a
encourage participation in education and training by persons in their area who are within section 15ZA(1)(a) or (b);
b
encourage employers to participate in the provision of education and training for such persons.
2
For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—
a
an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), or
b
any other contract of employment in connection with which training is provided.
3
In this section “education” and “training” have the same meanings as in section 15ZA.
I14243F18Local authority directions: children over compulsory school age
1
Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.
2
In section 84(6) (admissions code: interpretation) for the definition of “child” substitute—
“child” includes a person who has not attained the age of 19, except in sections 96 and 97 in so far as those sections apply in relation to Wales;
3
After section 96(3) (direction to admit child to specified school) insert—
3A
A direction under this section to admit a child shall not specify a school which has in place admission arrangements that make provision for selection by ability falling within section 99(2)(c) unless the child satisfies the selection criteria.
I14344Power to require provision of education by further education institution
1
Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert—
51ADuty to provide for named individuals: England
1
This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.
2
A F18local authority may by notice given to the governing body of such an institution—
a
require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;
b
withdraw such a requirement.
3
A F18local authority may specify an individual in a notice under subsection (2) only if the individual—
a
is in the authority's area, and
b
is over compulsory school age but under the age of 19.
4
Before giving a notice under subsection (2) imposing a requirement on a governing body, a F18local authority must consult—
a
the governing body, and
b
such other persons as the authority think appropriate.
5
The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.
6
In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a F18local authority in England must have regard to any guidance given from time to time by the Secretary of State.
2
In section 52 of that Act—
a
in subsection (1) after “institution” insert “
in Wales
”
;
b
in the title, at the end insert “
: Wales
”
.
The core and additional entitlements
45Duties in relation to the core and additional entitlements
After section 17 of the Education Act 1996 (c. 56) insert—
The F27core entitlement: England
17ADuties in relation to the F33core entitlement
1
F29 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In exercising their functions as required by this section, a F18local authority in England must have regard to any guidance given from time to time by the Secretary of State.
7
F31 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F34 17B Entitlement to education and training for 16 to 18 year olds
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17CThe core entitlement
F35A1
A person over compulsory school age but under 19 has the core entitlement.
1
The core entitlement is an entitlement to follow a course of study in each of the core subjects chosen by the person F36who has the entitlement (the “chosen core subjects”).
2
The core subjects are—
a
mathematics;
b
English;
c
information and communication technology.
3
The core entitlement is satisfied in relation to a person if a course of study in each of the chosen core subjects is made available to the person at a school or institution.
4
A person's entitlement to follow a course of study in one of the chosen core subjects ceases if—
a
a course of study in the subject is made available to the person, but
b
the person does not begin the course of study before reaching the age of 19.
F375
In this section “ course of study ” means a course of education or training leading to a qualification specified, or a qualification of a description specified, by the Secretary of State by order for the purposes of this subsection.
F38 17DThe additional entitlement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boarding accommodation: persons subject to learning difficulty assessment
I14446Boarding accommodation: persons subject to learning difficulty assessment
After section 514 of the Education Act 1996 (c. 56) insert—
514AProvision of boarding accommodation for persons subject to learning difficulty assessment
1
A F18local authority in England may secure the provision of boarding accommodation in connection with the provision of education or training for a person in their area who is—
a
over compulsory school age but under 25, and
b
subject to learning difficulty assessment.
2
A F18local authority may secure the provision of boarding accommodation under subsection (1) either within or outside their area.
3
For the purposes of subsection (1) it is immaterial who provides, or secures the provision of, the education or training.
4
In this section “education” and “training” have the same meanings as in section 15ZA.
Work experience
I14547Work experience for persons over compulsory school age
After section 560 of the Education Act 1996 insert—
560AWork experience for persons over compulsory school age: England
1
A F18local authority in England may secure the provision of work experience for persons in their area—
a
who are over compulsory school age but under 19, or
b
who are aged 19 or over but under 25 and are subject to learning difficulty assessment.
2
A F18local authority in England must—
a
encourage participation in work experience by persons in their area who are within subsection (1)(a) or (b);
b
encourage employers to participate in the provision of work experience for such persons.
Persons detained in youth accommodation
I28448Provision of education for persons subject to youth detention
After section 18 of the Education Act 1996 insert—
18AProvision of education for persons subject to youth detention
1
A F18local authority must secure that—
a
enough suitable education is provided to meet the reasonable needs of children subject to youth detention in their area;
b
enough suitable education and training is provided to meet the reasonable needs of persons who are—
i
over compulsory school age but under 19, and
ii
subject to youth detention in their area.
2
In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a F18local authority must (in particular) have regard to—
a
the persons' ages, abilities and aptitudes;
b
any special educational needs or learning difficulties (within the meaning of section 15ZA(6) and (7)) the persons may have;
c
the desirability of enabling persons to complete programmes of study or training which they have begun;
d
any relevant curriculum and the desirability that education received by persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;
3
In subsection (2)(d), “relevant curriculum” means—
a
in relation to a F18local authority in England, the National Curriculum for England established under section 87 of the Education Act 2002 as subsisting for the time being;
b
in relation to a F18local authority in Wales—
i
the National Curriculum for Wales established under section 108 of that Act as subsisting for the time being, or
ii
any local curriculum formed by the authority under section 116A of the Education Act 2002 (formation of local curricula for pupils in Key Stage 4) or for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18).
F404
Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).
5
Any arrangements made by a F18local authority under subsection (1) for the provision by another person (the “learning provider”) of education or training must require the learning provider, in making any determination as to the education or training to be provided for a particular person (“P”), to have regard to any information within subsection (6).
6
The information within this subsection is—
a
information provided under section 562F by a F18local authority as to the level of P's literacy and numeracy skills;
b
any other information provided under section 562F by P's home authority (within the meaning of Chapter 5A of Part 10) for the purpose of assisting a determination such as is mentioned in subsection (5).
7
In performing the duty imposed by subsection (1), a F18local authority must have regard to any guidance issued—
a
in the case of a F18local authority in England, by the Secretary of State;
b
in the case of a F18local authority in Wales, by the Welsh Ministers.
8
For the purposes of subsection (1), a person is subject to youth detention in the area of a F18local authority if—
a
subject to a detention order, and
b
detained in relevant youth accommodation in the area of the authority.
I285I31449Persons detained in youth accommodation: application of provisions
1
Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons detained under order of a court) is amended as follows.
2
In subsection (1)—
a
for “detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State” substitute “
subject to a detention order and is detained in accommodation that is not relevant youth accommodation
”
, and
b
for “a person who is detained in pursuance of such an order” substitute “
such a person
”
.
3
After that subsection insert—
1A
For the purposes of this Act—
a
a person is subject to a detention order if detained in pursuance of—
i
an order made by a court, or
ii
an order of recall made by the Secretary of State, and
b
relevant youth accommodation is accommodation which—
i
is youth detention accommodation (within the meaning given by section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000), and
ii
is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.
4
In subsection (2), for “subsection (1)” substitute “
this section
”
.
5
After that subsection add—
3
A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 (use of accommodation for restricting liberty).
6
In the title, after “apply to” insert “
certain
”
.
I286I31550Persons detained in youth accommodation: further provision
After section 562 of the Education Act 1996 (c. 56) insert—
Chapter 5APersons detained in youth accommodation Provisions applying to detained persons
562AApplication of Act to detained persons
1
In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.
2
The power conferred by subsection (1) may not be exercised to modify the application of a provision of this Act if—
a
the provision makes special provision in relation to detained persons, or a description of detained persons,
b
the application of the provision in relation to detained persons, or a description of detained persons, is excluded by provision made by this Act, or
c
the provision has effect in relation to detained persons, or a description of detained persons, subject to modifications made by this Act.
3
References in this Chapter to a detained person are to a child or young person who is—
a
subject to a detention order, and
b
detained in relevant youth accommodation;
and, in provisions applying on a person's release, also include references to a person who, immediately before release, was a detained person.
562BDuty to take steps to promote fulfilment of potential
1
Subsection (2) applies in relation to a detained person who is not a looked after child.
2
The home authority must—
a
during the period of detention in relevant youth accommodation, and
b
on the person's release from detention in relevant youth accommodation,
take such steps as they consider appropriate to promote the person's fulfilment of his or her learning potential.
3
Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person's release from detention—
a
of education, or
b
in the case of a person who is over compulsory school age, of education or training.
4
Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to—
a
any information provided under section 562F by a F18local authority as to the level of the person's literacy and numeracy skills;
b
any other information provided by the home authority under section 562F for the purpose of assisting any such determination.
562CDetained persons with special educational needs
1
This section applies where, immediately before the beginning of the detention, a F18local authority were maintaining a statement under section 324 for a detained person.
2
The authority must keep the statement while the person is detained in relevant youth accommodation.
3
The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.
4
For the purposes of subsection (3), appropriate special educational provision is—
a
the special educational provision that, immediately before the beginning of the detention, was specified in the statement,
b
educational provision corresponding as closely as practicable to the special educational provision so specified, or
c
if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.
562DAppropriate special educational provision: arrangements between F19local authorities
1
This section applies where special educational provision is secured for a person in circumstances where section 562C applies.
2
A F18local authority may supply goods and services to—
a
the host authority, or
b
any other person making the special educational provision in question.
3
Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.
562ELiteracy and numeracy assessments
1
This section applies in relation to a detained person who is detained in particular relevant youth accommodation.
2
The host authority must arrange for the level of the detained person's literacy and numeracy skills to be assessed as soon as reasonably practicable after the beginning of the period during which the person is detained in that accommodation.
3
Subsection (2) does not apply if the authority are satisfied that they have evidence of the current level of the person's literacy and numeracy skills.
4
The “current level” of a detained person's literacy and numeracy skills is the level of those skills at the beginning of the period during which the person is detained in the relevant youth accommodation in question.
Provision of information relating to detained persons
562FProvision of information about detained persons
1
Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—
a
the home authority, or
b
the host authority,
for the purposes of, or in connection with, the provision of education or training for the detained person.
2
A F18local authority must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.
3
A request is made under this subsection if it—
a
is made by a person within subsection (4), and
b
asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).
4
Those persons are—
a
any other F18local authority;
b
a youth offending team established under section 39 of the Crime and Disorder Act 1998;
c
the person in charge of any place at which the detained person is detained or is expected to be detained;
d
any person providing or proposing to provide education or training for the detained person.
5
The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.
6
In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—
a
under section 140 of the Learning and Skills Act 2000, and
b
by virtue of arrangements made by the Welsh Ministers.
7
Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.
8
The host authority must provide to the home authority any information they hold which—
a
relates to the detained person, and
b
may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.
9
The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.
10
Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.
11
In this section any reference to the host authority, in relation to a detained person, includes a reference to any F18local authority in whose area the person is expected to be detained.
562GInformation to be provided where statement of special educational needs previously maintained
1
This section applies in relation to a detained person if, immediately before the beginning of the detention, a F18local authority were maintaining a statement under section 324 for the person.
2
Subsections (3) and (4) apply where the home authority become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: F19local authorities to be notified) or otherwise)—
a
that the person—
i
has become subject to a detention order, and
ii
is detained in relevant youth accommodation, or
b
that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.
3
If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.
4
If the home authority are or become aware that, immediately before the beginning of the detention, another F18local authority were maintaining a statement for the person under section 324, they must notify the host authority—
a
of that fact, and
b
of the identity of that other F18local authority.
5
The F18local authority who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.
6
Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.
7
The host authority must notify the following of the person's release—
a
the home authority, and
b
if different, the authority who, immediately before the beginning of the detention, were maintaining the statement under section 324.
8
If the home authority are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—
a
of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a F18local authority under section 324, and
b
of the identity of that authority.
9
Nothing in this section requires any F18local authority to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.
562HRelease of detained person appearing to host authority to require assessment
1
This section applies in relation to the release from detention in relevant youth accommodation of a detained person in relation to whom section 562G does not apply.
2
Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.
3
If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.
4
Subsections (5) and (6) apply where, on release, the detained person—
a
will be over compulsory school age, or
b
will cease to be of compulsory school age within one year.
5
If—
a
the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 15ZA (6) and (7)), and
b
the home authority are a F18local authority in England,
the host authority must, on the person's release, notify the home authority of their opinion.
6
If—
a
the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and
b
the home authority are a F18local authority in Wales,
the host authority must, on the person's release, notify the Welsh Ministers of their opinion.
Supplementary
562IGuidance
In performing their functions under this Chapter a F18local authority must have regard to any guidance issued by the appropriate national authority.
562JInterpretation of Chapter
1
In this Chapter—
“the appropriate national authority” means—
- a
in relation to England, the Secretary of State;
- b
in relation to Wales, the Welsh Ministers;
“beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—
- a
the beginning of the period of detention in such accommodation, or
- b
where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;
“detained person” has the meaning given by section 562A(3);
“the home authority”—
- a
in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the F18local authority who are F1... looking after, or who have most recently been looking after, the person;
- b
in relation to any other child or young person, means the F18local authority in whose area the person is ordinarily resident;
“the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the F18local authority in whose area the child or young person is detained;
“looked after child” means a person who, for the purposes of the Children Act 1989 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;
“young person” includes a person aged 18.
2
For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.
3
In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.
4
Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.
I287I31651Detention of child or young person: F19local authorities to be notified
After section 39 of the Crime and Disorder Act 1998 (c. 37) insert—
39ADetention of child or young person: F19local authorities to be notified
1
Subsection (2) applies where a youth offending team becomes aware that—
a
a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or
b
a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation.
2
The youth offending team must as soon as practicable notify—
a
the home F18local authority, and
b
the host F18local authority,
of the place where the child or young person is detained.
3
Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—
a
subject to a detention order, and
b
detained in relevant youth accommodation.
4
The youth offending team must as soon as practicable notify the following authorities of the release—
a
the home F18local authority;
b
the host F18local authority;
c
any other F18local authority in whose area the youth offending team expects the person to live on release.
5
Nothing in this section requires a youth offending team to notify a F19local authority of any matter of which the authority is already aware.
6
In this section—
“home F18local authority”, in relation to a child or young person, means the F18local authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation);
“host F18local authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the F18local authority for the area in which that person is detained;
F2 “local authority” has the meaning given by section 579(1) of the Education Act 1996;
“young person” includes a person who is aged 18;
and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).
I288I31752Release from detention of child or young person with special educational needs
1
The Education Act 1996 (c. 56) is amended as follows.
2
After section 312 insert—
312AChildren subject to detention
1
No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.
2
The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.
3
Subject to subsection (6), a statement which was maintained for the child by a F18local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.
4
In subsection (3) “the beginning of the detention” means—
a
the beginning of the period of detention in relevant youth accommodation, or
b
where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.
5
For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.
6
Where, on the child's release, a F18local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—
a
the old authority must transfer the statement to the new authority, and
b
from the child's release, the statement is to be treated as being maintained by the new authority under section 324.
3
In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but before “and”) insert—
aa
where the child concerned—
i
has been subject to a detention order, and
ii
immediately before release was detained in relevant youth accommodation,
on the child's release from detention,
Transport in England
I14653Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty
In section 509AB(3) of the Education Act 1996 (c. 56) (provision of transport etc for persons of sixth form age in England: matters to which F19local authorities must have regard) after paragraph (b) insert—
ba
what they are required to do under section 15ZA(1) in relation to persons of sixth form age,
I14754Transport policy statements for persons of sixth form age: consultation
In section 509AB(6) of the Education Act 1996 (people to be consulted when preparing transport policy statements for persons of sixth form age in England), in paragraph (c), before “and” insert—
ca
persons in the F18 local authority's area who will be of sixth form age when the statement has effect, and their parents,
I255Transport policy statements for persons of sixth form age: content and publication
1
In section 509AB of the Education Act 1996 (provision about transport policy statements for persons of sixth form age in England), after subsection (7) insert—
7A
In preparing and publishing a statement under section 509AA, a F18local authority must have regard (among other things) to the need to—
a
include in the statement sufficient information about the matters that the statement must specify, and
b
publish the statement in time,
to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.
2
In section 509AA(10) of that Act (time by which transport policy statements for persons of sixth form age in England must be published) for “by substituting a different date for 31st May” substitute “
to change the time by which the statement must be published
”
.
I356Complaints about transport arrangements etc for persons of sixth form age
1
The Education Act 1996 is amended as follows.
2
After section 509AD (F19local authorities in England: duty to have regard to religion or belief in exercise of travel functions) insert—
509AE Complaints about transport arrangements etc for persons of sixth form age in England
1
A F18local authority may revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, they have come to consider the change necessary for the purpose of the arrangements specified under the subsection in question.
2
A F18local authority must revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, the Secretary of State has directed them to do so.
3
An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.
4
The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc), section 509AA(9) (power to require F18local authority to make additional transport arrangements), or subsection (2) of this section in response to a matter that is, or could have been, the subject of a sixth form transport complaint made to him or her unless satisfied that—
a
the matter has been brought to the notice of the F18local authority concerned, and
b
the authority have had a reasonable opportunity to investigate the matter and respond.
5
In this section “sixth form transport complaint” means a complaint that is—
a
about a F18local authority's exercise of, or failure to exercise, a function under sections 509AA to 509AD in relation to persons of sixth form age, and
b
made by a person who is, or will be, a person of sixth form age when the matter complained of has effect, or by a parent of such a person,
and “sixth form age” is to be construed in accordance with section 509AC(1).
6
For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 509AA.
7
Where a F18local authority have published in a single document a statement prepared under section 508G and a statement prepared under 509AA, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.
3
In section 509AA (provision of transport etc for persons of sixth form age), at the end insert—
11
Subsection (9) is subject to section 509AE (complaints about transport arrangements etc for persons of sixth form age in England).
I14857F19Local authorities in England: provision of transport etc for adult learners
1
The Education Act 1996 (c. 56) is amended as follows.
2
After section 508E (F19Local authorities in England: school travel schemes) insert—
508FF19Local authorities in England: provision of transport etc for adult learners
1
A F18local authority in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purposes mentioned in subsections (2) and (3).
2
The first purpose is to facilitate the attendance of adults receiving education at institutions—
a
maintained or assisted by the authority and providing further or higher education (or both), or
b
within the further education sector.
3
The second purpose is to facilitate the attendance of relevant young adults receiving education or training at institutions outside both the further and higher education sectors, but only in cases where the F18local authority have secured for the adults in question—
a
the provision of education or training at the institution in question, and
b
the provision of boarding accommodation under section 514A.
4
Any transport provided under subsection (1) must be provided free of charge.
5
In considering what arrangements it is necessary to make under subsection (1) in relation to relevant young adults, a F18local authority must have regard to what they are required to do under section 15ZA(1) in relation to those persons.
6
In considering whether they are required by subsection (1) to make arrangements in relation to a particular adult, a F18local authority must have regard (among other things) to the age of the adult and the nature of the route, or alternative routes, which the adult could reasonably be expected to take.
7
Arrangements made under subsection (1) by virtue of subsection (3) to facilitate full-time education or training at an institution outside both the further and higher education sectors must be no less favourable than the arrangements made for relevant young adults of the same age for whom the authority secure the provision of education at another institution.
8
A F18local authority in England may pay all or part of the reasonable travelling expenses of an adult—
a
receiving education or training at an institution mentioned in subsection (2) or (3), and
b
for whose transport no arrangements are made under subsection (1).
9
In this section—
“adult” means a person who is neither a child nor a person of sixth form age,
“sixth form age” is to be construed in accordance with section 509AC(1), and
“relevant young adult” means an adult who is aged under 25 and is subject to learning difficulty assessment.
508GF19Local authorities in England: transport policy statements etc for young adults subject to learning difficulty assessment
1
A F18local authority in England making arrangements, or proposing to pay travelling expenses, under section 508F in relation to relevant young adults must consult—
a
any other F18local authority that they consider it appropriate to consult,
b
governing bodies of institutions within the further education sector in the authority's area,
c
persons in the F18local authority's area who will be relevant young adults when the arrangements or payments have effect, and their parents,
d
the Secretary of State, and
e
any other person specified by the Secretary of State.
2
The authority must prepare for each academic year a transport policy statement complying with the following requirements.
3
The statement must specify any transport or other arrangements, and any payment of travelling expenses, made or to be made in relation to the year under section 508F in relation to relevant young adults.
4
The statement must also specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985) which are to be provided under any scheme established under section 93 of that Act to relevant young adults receiving education or training at an institution mentioned in subsection (2) or (3) of section 508F.
5
The authority must publish the statement by the end of May in the year in which the relevant academic year begins.
6
In preparing and publishing the statement, the authority must have regard (among other things) to the need to—
a
include in the statement sufficient information about the matters that the statement must specify, and
b
publish the statement in time,
to enable relevant young adults and their parents to take reasonable account of those matters when choosing between different institutions at which education or training is provided.
7
The publication of a statement under this section in relation to an academic year does not prevent an authority from—
a
making additional arrangements or payments under section 508F in relation to the academic year, or
b
providing additional travel concessions in relation to the academic year.
8
The Secretary of State may amend subsection (5) by order to change the time by which the statement must be published.
9
In this section—
“academic year” has the meaning given in section 509AC,
“governing body” has the meaning given in section 509AC, and
“relevant young adult” has the meaning given in section 508F.
508HGuidance: sections 508F and 508G
In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a F18local authority must have regard to any guidance issued by the Secretary of State under this section.
508IComplaints about transport arrangements etc for young adults subject to learning difficulty assessment: England
1
A F18local authority may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3).
2
A F18local authority must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so.
3
An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.
4
The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisfied that—
a
the matter has been brought to the notice of the F18local authority concerned, and
b
the authority have had a reasonable opportunity to investigate the matter and respond.
5
In this section “relevant young adult transport complaint” means a complaint that is—
a
about a F18local authority's exercise of, or failure to exercise, a function under section 508F or 508G in relation to relevant young adults, and
b
made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person,
and “relevant young adult” has the meaning given in section 508F.
6
For the purposes of sections 508G(7) and 508H, the revision of a statement under this section is to be treated as the preparation of a statement under section 508G.
7
Where a F18local authority have published in a single document a statement prepared under section 509AA and a statement prepared under 508G, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.
3
4
Section 509 (provision of transport etc) ceases to have effect.
5
Section 81 of the Education and Inspections Act 2006 (c. 40) (F19Local authorities in England: provision of transport etc for certain adult learners) ceases to have effect.
Powers in respect of non-maintained schools
58Power of F19local authorities to arrange provision of education at non-maintained schools
1
The following provisions cease to have effect—
a
section 128 of the School Standards and Framework Act 1998 (c. 31), and
b
paragraph 64 of Schedule 30 to that Act.
2
Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of F19local authorities to assist, and arrange provision of education at, non-maintained schools) continue to have effect as if the provisions mentioned in subsection (1) had never been enacted.
General
I4I149I28959Minor and consequential amendments
Schedule 2 contains minor and consequential amendments relating to the provision made by this Part.
Part 3The Young People's Learning Agency for England
Chapter 1Establishment
F10260The Young People's Learning Agency for England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2Main functions
Funding
F10261Provision of financial resources
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10262Financial resources: conditions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10264Means tests
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10265Prohibition on charging
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Securing provision of education and training
F10266Securing provision of education and training
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10267Intervention for purpose of securing provision of education and training
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision of services and assistance
F10268Provision of services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10269Assistance with respect to employment and training
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10270Assistance with respect to employment and training: Northern Ireland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
F10271Research, information and advice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10271AF22Assistance etc. in relation to functions of the principal regulator
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10272Guidance by YPLA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10273Intervention powers: policy statement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10274Power to confer supplementary functions on YPLA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 3YPLA's functions: supplementary
F10275Directions by Secretary of State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10276Guidance by Secretary of State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 4Academy agency arrangements
F10277Academy agency arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10278Grants for purposes of Academy agency arrangements functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10279Academy agency arrangements: information sharing
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 5General
F10280Interpretation of Part
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4F176Apprenticeships and adult education and training: role of Secretary of State
Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)
Chapter 1F175Apprenticeships and adult education and training
Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)
F172...
S. 81 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 2
F17281The Chief Executive of Skills Funding
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F171...
S. 82 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 3
F17182Apprenticeship functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apprenticeship training for persons aged 16 to 18 and certain young adults
I15083F129Power to secure provision of apprenticeship training
1
The F189Secretary of State may secure the provision of facilities for suitable apprenticeship training for persons—
a
who are over compulsory school age but under 19, or
b
who are aged 19 or over but under 25 and F137for whom an EHC plan is maintained .
2
In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the F189Secretary of State must have regard (in particular) to—
a
the persons' ages, abilities and aptitudes,
b
any F138special educational needs the persons may have,
c
the quality of the training,
d
the locations and times at which the training is provided.
3
In exercising the power conferred by subsection (1), the F189Secretary of State must have regard (in particular) to the desirability of—
a
encouraging diversity of apprenticeship training available to persons;
b
increasing opportunities for persons to exercise choice;
c
enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).
F1364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In this Part “apprenticeship training” means training provided in connection with—
F188a
an approved English apprenticeship, or
b
any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.
83AF131The apprenticeship offer
1
The F192Secretary of State must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—
a
are within subsection (4), (5) or (6), and
b
have an apprenticeship opportunity.
This is subject to section 83B (limit on scope of apprenticeship offer).
2
The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.
3
An apprenticeship opportunity is an F190opportunity to enter into an approved English apprenticeship.
4
A person within this subsection is one who is over compulsory school age but under 19.
5
A person within this subsection is one who is not within subsection (4) and—
a
b
is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).
6
A person within this subsection is one who—
a
is not within subsection (4), and
b
is of a prescribed description.
7
If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.
8
Facilities are proper if they are—
a
of a quantity sufficient to meet the reasonable needs of individuals, and
b
of a quality adequate to meet those needs.
9
Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which F193Secretary of State must have regard) apply for the purposes of the apprenticeship offer.
F19410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.
83BLimit on scope of the apprenticeship offer
1
The F197Secretary of State is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training F196for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—
a
has already completed an approved English apprenticeship by achieving that standard,
b
has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or
c
has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).
F1951A
Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).
F1982
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1983
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1984
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1985
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19984Arrangements and co-operation with F19local authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20085F130Provision of apprenticeship training etc for persons within section 83 or 83A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education and training for persons aged 19 or over etc.
I151C56C20C68C15C32C27C39C63C8C3C51C44C75C82C88C87C99C10086Education and training for persons aged 19 or over and others subject to adult detention
1
F204The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for—
a
education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 F139for whom an EHC plan is maintained ,
b
education suitable to the requirements of persons who are subject to adult detention, and
c
training suitable to the requirements of persons within paragraphs (a) and (b).
2
This section does not apply to the provision of facilities to the extent that section F11983A or 87 applies to the provision of those facilities.
F2033
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2024
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.
6
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes—
- a
full-time and part-time training;
- b
vocational, social, physical and recreational training;
- c
apprenticeship training.
- a
7
In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.
F2018
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I152C64C56C20C16C4C40C68C32C28C8C52C44C75C83C89C87C99C10187Learning aims for persons aged 19 or over: provision of facilities
1
F205The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.
2
Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.
3
The persons falling within this subsection are persons who—
a
are aged 19 or over, and are not persons aged under 25 F140for whom an EHC plan is maintained ,
b
do not have the qualification in question or one (including one awarded by a person outside England) which appears to the F206Secretary of State to be at a comparable or higher level, and
c
satisfy such conditions as may be specified in regulations.
F2074
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2085
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes full-time and part-time training.
I153C56C20C68C32C41C65C17C5C53C8C29C44C84C75C90C87C99C10288Learning aims for persons aged 19 or over: payment of tuition fees
1
Functions under this Part must be exercised by the F209Secretary of State so as to secure that a course of study for a qualification to which F111paragraph F3811(a), (b) or (ba) of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
2
A person falls within this subsection if, at the time of starting the course in question, the person—
a
is aged 19 or over,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the F210Secretary of State to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations.
F1122A
Functions under this Part must be exercised by the F211Secretary of State so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
3
Functions under this Part must be exercised by the F212Secretary of State so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.
4
A person falls within this subsection if, at the time of starting the course in question, the person—
a
is aged at least 19 but less than F13324 ,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the F213Secretary of State to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations.
5
The Secretary of State may by order—
a
amend subsection (2)(a) by substituting a different age for the age for the time being referred to;
b
amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.
6
For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—
a
the F214Secretary of State , or
b
a body specified by order by the Secretary of State for the purposes of this section.
7
In subsection (6) “tuition fees”, in relation to a course, means—
a
the fees charged in respect of the course by the person providing it, and
b
such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.
I15489Sections 87 and 88: supplementary
1
Regulations may make provision as to circumstances in which—
a
despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;
b
despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.
2
A condition specified in regulations under section 87 or 88 may, in particular, relate to—
a
the possession, or lack, of a specified qualification;
b
the completion of, or failure to complete, a course for a specified qualification.
3
A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.
4
Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.
5
Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.
6
Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.
I155C6C66C18C30C57C9C33C21C45C42C69C54C76C85C91C93C103C10590Encouragement of education and training for persons aged 19 or over and others subject to adult detention
1
The F216Secretary of State must—
a
encourage participation by persons within section 86(1)(a) and (b) in education and training within the F217Secretary of State's remit under this Part ;
b
encourage employers to participate in the provision of education and training within the F217Secretary of State's remit under this Part for persons within section 86(1)(a);
c
encourage employers to contribute to the costs of education and training within the F217Secretary of State's remit under this Part for such persons.
2
For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—
F215a
an approved English apprenticeship, or
b
any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.
The apprenticeship offer
F11791Duty to secure availability of apprenticeship places
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11792Election for apprenticeship offer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11793Meaning of “apprenticeship place”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11794Suitability and availability of apprenticeship places: further provision
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11795Apprenticeship offer requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11796Apprenticeship offer requirements: interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11797Suspension of offer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11798Power to amend apprenticeship offer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11799Apprenticeship offer: interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2F174Provision of services to other bodies
Pt. 4 Ch. 2 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(c)
Funding
I156C22C58C10C34C70C46C77C94C106100Provision of financial resources
C31C7C43C55C67C19C86C1041
The F218Secretary of State may secure the provision of financial resources F155under this subsection to—
a
persons providing or proposing to provide education or training within the F219Secretary of State's remit under this Part;
b
persons providing or proposing to provide goods or services in connection with the provision by others of such education or training;
c
persons receiving or proposing to receive such education or training;
d
persons aged 18 receiving or proposing to receive education or training;
e
persons making loans to others receiving or proposing to receive education or training;
F220f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
persons undertaking or proposing to undertake research relating to education or training;
h
persons carrying out means tests under arrangements made under section 103;
F120i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j
persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
F1561A
The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—
a
for the purpose of encouraging the provision of opportunities for individuals to complete F287 English statutory apprenticeships or to undertake work following the completion of such apprenticeships, or
b
otherwise in connection with F287English statutory apprenticeships.
F3621B
The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1)) in connection with approved technical education qualifications or approved steps towards occupational competence.
F3511AA
The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined authority by virtue of an order made under section 105A of the Local Democracy, Economic Development and Construction Act 2009.
F2212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F352The Secretary of State may secure the provision of financial resources under this section—
a
by providing the resources;
b
by making arrangements for the provision of resources by another person;
c
by making arrangements for the provision of resources by persons jointly (whether or not including the F222Secretary of State).
4
F353The Secretary of State may secure the provision of financial resources under this section by reference to—
a
any fees or charges payable by the person receiving or proposing to receive the education or training, or
b
any other matter (such as transport or childcare).
5
In F363this section—
“approved steps towards occupational competence” has the meaning given by section F414A2D4;
“approved technical education qualification” has the meaning given by section F413A12(1);
“English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).
F354“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
I157C11C71C23C47C35C59C78C95C92C107101Financial resources: conditions
1
2
The conditions may F157(among other things) include—
a
information conditions;
F158b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
repayment conditions.
3
Information conditions are conditions which—
a
F1594
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1605
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Repayment conditions are conditions which—
a
b
require the payment of interest in respect of any period in which a sum due to the F228Secretary of State in accordance with any condition is unpaid.
101AF386Financial resources: welfare
1
The Secretary of State may not provide financial resources to a person under—
a
section 100(1A) for the provision of training as part of a relevant English statutory apprenticeship, or
b
section 100(1B) for the provision of education or training as part of an approved technical education qualification or approved step towards occupational competence,
unless the resources are provided subject to conditions requiring the person to comply with the safeguarding duties.
2
“The safeguarding duties” are—
a
a duty to make arrangements to safeguard and promote the welfare of children receiving the education or training mentioned in subsection (1)(a) or (b) (as the case may be), and
b
a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.
3
In this section, a “relevant English statutory apprenticeship” means an apprenticeship falling within section 40A(3)(a) to (c).
I158102Performance assessments
1
2
The F231Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.
I159C12C24C36C48C72C60C79C96C108103Means tests
1
F232For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State may—
a
carry out means tests;
b
arrange for other persons to carry out means tests.
F2332
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apprenticeships: general
F121104Assistance and support in relation to apprenticeship places
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F234I326105Promoting progression from level 2 to level 3 apprenticeships
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F235106Advice and assistance in relation to apprenticeships
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision of services and assistance
I160107Provision of services
1
2
The services that may be provided under arrangements made under subsection (1) include—
a
providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;
b
procuring, or assisting in procuring, goods and services for use by a permitted recipient.
3
4
In this section “permitted recipient” means—
F238a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Welsh Ministers;
c
the Scottish Ministers;
d
a Northern Ireland department;
F51e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
a person, wholly or partly funded from public funds, who has functions relating to education or training;
g
any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.
F2395
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the F240Secretary of State must obtain—
a
in relation to education or training provided in Wales, the consent of the Welsh Ministers;
b
in relation to education or training provided in Scotland, the consent of the Scottish Ministers;
c
in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.
7
Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.
8
“The appropriate national authority” means—
a
in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;
b
in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;
c
in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;
d
in any other case, the Secretary of State.
F241108Assistance with respect to employment and training
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F242109Assistance with respect to employment and training: Northern Ireland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F170...
S. 110 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 21
F170110Research, information and advice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F243111Power to confer supplementary functions on Chief Executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 3F173... supplementary
Words in Pt. 4 Ch. 3 title omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(d)
Strategies
F103112Strategies for functions of Chief Executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103114Strategies: duty of Chief Executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other
I161C73C25C49C61C37C13C80C97C109115Persons with F141special educational needs
1
2
This section applies to—
a
persons who are aged 19 or over, other than persons aged under 25 F143for whom an EHC plan is maintained, and
b
persons who are subject to adult detention.
F1443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1454
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I162116Persons subject to adult detention
F169117Use of information by Chief Executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F169118Guidance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F169118ADirections: consultation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F169119Directions: funding of qualifications
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F169120Other directions relating to functions of the office
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 4General
120AF177Territorial application of Part
The functions of the Secretary of State under this Part, other than the functions conferred by section 107, are exercisable in relation to England only.
I163C26C14C50C74C62C38C81C98C110121Interpretation of Part
1
In this Part—
F249...
“apprenticeship training” has the meaning given by section 83;
F250“approved English apprenticeship” has the meaning given by section A1(2);
F373“approved steps towards occupational competence” has the meaning given by section F407A2D4;
F373“approved technical education qualification” has the meaning given by section F405A12;
F251...
“organised leisure-time occupation” has the meaning given by section 86.
F373technical education qualification” has the meaning given by section F406A12;
2
In this Part a reference to education within F252the Secretary of State's remit under this Part is a reference to—
a
education falling within section 86(1)(a) or (b), and
b
organised leisure-time occupation in connection with such education.
3
In this Part a reference to training within F248the Secretary of State's remit under this Part is a reference to—
a
training falling within section 83(1),
F122aa
training falling within section 83A(1),
b
training falling within section 86(1)(c), and
c
organised leisure-time occupation in connection with training falling within section 86(1)(c).
4
For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and—
a
aged 19 or over, or
b
aged under 19 and detained in—
i
a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over, or
ii
a prison.
Part 5Parts 2 to 4: supplementary
Information
I164122Sharing of information for education and training purposes
1
A person within subsection (3) may provide information to another person within that subsection, or a person within subsection (4), for the purpose of enabling or facilitating the exercise of any relevant function.
2
A person within subsection (4) may provide information to a person within subsection (3) for the purpose of enabling or facilitating the exercise of any relevant function.
3
The persons within this subsection are—
F253a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the F52Secretary of State;
F254c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F255d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F256e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
a person providing services to F257the Secretary of State
F355fa
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
fb
a person providing services to a combined authority;
4
The persons within this subsection are—
a
a F18local authority in England;
5
In subsections (1) and (2), “relevant function” means—
F258a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any education function of a local authority in England, F357or
F358d
any function of a combined authority under Part 4 that is exercisable by it by virtue of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009,
other than a function under this section.
F2596
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Nothing in this section—
a
affects any power to disclose information that exists apart from this section, or
b
authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.
The Learning and Skills Council for England
I165123Dissolution of the Learning and Skills Council for England
1
The Learning and Skills Council for England ceases to exist on the day on which this section comes into force.
2
Schedule 6 contains minor and consequential amendments in relation to the dissolution of the Learning and Skills Council for England.
I166124Dissolution of the Learning and Skills Council: transfer schemes
Schedule 7 contains provision about schemes for the transfer of staff, property, rights and liabilities from the Learning and Skills Council for England to other persons.
Part 6The sixth form college sector
I5I167125Sixth form college sector
Schedule 8 makes provision about the sixth form college sector.
I6126Removal of power to establish sixth form schools
1
In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary and secondary schools) after subsection (3) insert—
3A
A F18local authority in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.
2
The Education and Inspections Act 2006 (c. 40) is amended as follows.
3
In section 7 (invitation for proposals for establishment of new schools) after subsection (5) insert—
5A
A F18local authority may not publish under this section proposals within subsection (5)(b) for the establishment of a school providing education suitable only to the requirements of persons above compulsory school age.
4
In section 10 (publication of proposals with consent of Secretary of State) in subsection (1)(a) after “school” insert “
, other than one providing education suitable only to the requirements of persons above compulsory school age
”
.
5
In section 11 (publication of proposals to establish maintained schools: special cases) omit subsections (1)(b) and (2)(a).
Part 7The Office of Qualifications and Examinations Regulation
Chapter 1Establishment, objectives and general duties
Establishment
I51127The Office of Qualifications and Examinations Regulation
1
There is to be a body corporate known as the Office of Qualifications and Examinations Regulation.
2
In this Part that body is referred to as “Ofqual”.
3
Schedule 9 makes further provision about Ofqual.
Objectives and general duties
I52128Objectives
1
Ofqual's objectives are—
a
the qualifications standards objective,
b
the assessments standards objective,
c
the public confidence objective,
d
the awareness objective, and
e
the efficiency objective.
F442
The qualifications standards objective is to secure that—
a
regulated qualifications give a reliable indication of knowledge, skills and understanding, and
b
regulated qualifications indicate —
i
a consistent level of attainment (including over time) between comparable regulated qualifications, and
ii
a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies.
3
The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which—
a
give a reliable indication of achievement, and
b
indicate a consistent level of attainment (including over time) between comparable assessments.
4
The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements.
5
The awareness objective is to promote awareness and understanding of—
a
the range of regulated qualifications available,
b
the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and
c
the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies.
6
The efficiency objective is to secure that regulated qualifications are provided efficiently and in particular that any relevant sums payable to a body awarding or authenticating a qualification in respect of which the body is recognised under section 132 represent value for money.
7
For the purposes of subsection (6) a sum is relevant if it is payable in respect of the award or authentication of the qualification in question.
I53129General duties
1
So far as reasonably practicable, in performing its functions Ofqual must act in a way—
a
which is compatible with its objectives, and
b
which it considers most appropriate for the purpose of meeting its objectives.
2
So far as relevant, in performing its functions Ofqual must have regard to—
a
the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;
b
c
d
the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);
e
the reasonable requirements of institutions within the higher education sector;
f
information provided to Ofqual by a person falling within subsection (4);
g
the desirability of facilitating innovation in connection with the provision of regulated qualifications;
h
the specified purposes of regulated assessment arrangements.
3
For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—
a
there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but
b
the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.
4
The persons falling within this subsection are—
F54a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
c
such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.
5
In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).
6
In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.
7
The Secretary of State must publish a direction given under subsection (6).
8
Ofqual must perform its functions efficiently and effectively.
F1489
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
“Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.
Regulated qualifications and regulated assessment arrangements
I54130Meaning of “regulated qualifications” etc.
1
In this Part a “regulated qualification” means a qualification to which this Part applies which is awarded or authenticated by a body which is recognised under section 132 in respect of the qualification.
2
This Part applies to any of the following qualifications which is not an excluded qualification—
a
an academic or vocational qualification awarded or authenticated in England;
F273b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An excluded qualification is any of the following—
a
a foundation degree;
b
a first degree;
c
a degree at a higher level.
4
For the purposes of subsection (2) a qualification is awarded or authenticated in England F274... if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in England F274....
5
The Secretary of State may by order repeal subsection (2)(b).
6
An order under subsection (5) may make amendments and repeals to a provision of, or in an instrument made under, this or any other Act (including any Act passed after this Act) in consequence of the repeal of subsection (2)(b).
7
Before making an order under subsection (5) the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.
I55131Meaning of “regulated assessment arrangements” etc.
1
This section applies for the purposes of this Part.
2
“Regulated assessment arrangements” means—
a
NC assessment arrangements, and
b
EYFS assessment arrangements.
3
“NC assessment arrangements” means arrangements made under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for assessing pupils in England in respect of each key stage for the specified purposes.
4
In subsection (3)—
“assessing” includes testing;
“key stage” has the same meaning as in Part 6 of the Education Act 2002 (c. 32) (see section 76 of that Act).
5
“EYFS assessment arrangements” means arrangements made under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) for assessing children in England for the specified purposes.
6
“The specified purposes” in relation to regulated assessment arrangements—
a
if the arrangements are NC assessment arrangements, has the same meaning as in section 76(1) of the Education Act 2002;
b
if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.
Chapter 2Functions in relation to qualifications
Recognition of awarding bodies
I56132Recognition
1
Ofqual must recognise an awarding body in respect of the award or authentication of a specified qualification, or description of qualification, to which this Part applies if—
a
the awarding body has applied for recognition in the respect in question, and
b
the body meets the applicable criteria for recognition most recently published under section 133.
2
Ofqual may not recognise an awarding body if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met by the body.
3
A recognition—
a
has effect from such date as Ofqual may specify,
b
is subject to the general conditions,
c
if in respect of a qualification subject to the accreditation requirement, is subject to an accreditation condition, and
d
is subject to such other conditions that Ofqual may impose at the time of recognition or later.
4
But Ofqual may, at the time of recognition or later, determine that a specified recognition is not to be subject to a specified general condition.
5
An accreditation condition in respect of a qualification subject to the accreditation requirement is a condition requiring that the recognised body may award or authenticate a particular form of the qualification only if, at the time of the award or authentication, that form of the qualification is accredited under section 139.
6
Ofqual may not charge an awarding body in respect of recognition.
7
If Ofqual refuses an application for recognition it must provide the awarding body with a statement setting out the reasons for its decision.
8
In this section “the general conditions”, in respect of a recognition of an awarding body, means the general conditions for the time being in force under section 134 which are applicable to the recognition and the body.
9
In this Chapter—
“awarding body” means a person who awards or authenticates, or who proposes to award or authenticate, a qualification to which this Part applies;
“recognised body” means an awarding body recognised under this section;
a “recognition” means a recognition under this section.
F26610
See section 35 of the Qualifications Wales Act 2015 for provision about the effect of conditions imposed by or under this section, in respect of or for the purposes of the award in Wales by an awarding body of a form of a qualification awarded as an approved qualification (for which see section 22(4) of that Act).
I57133Criteria for recognition
1
Ofqual must set and publish the criteria for recognition under section 132.
2
Different criteria may be set for—
a
recognition of different descriptions of awarding bodies;
b
recognition in respect of different qualifications or different descriptions of qualifications;
c
recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.
3
Ofqual may revise the criteria.
4
If Ofqual revises the criteria it must publish them as revised.
5
Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.
I58134General conditions of recognition
1
Ofqual must set and publish the general conditions to which a recognition is to be subject.
2
Different general conditions may be set for—
a
recognition of different descriptions of awarding bodies;
b
recognition in respect of different qualifications or different descriptions of qualifications;
c
recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.
3
Ofqual may revise the general conditions.
4
If Ofqual revises the general conditions it must publish them as revised.
5
Before setting or revising the general conditions Ofqual must consult such persons as it considers appropriate.
I59135Other conditions of recognition
1
The conditions of recognition that Ofqual may impose under section 132(3)(d) include in particular—
a
fee capping conditions;
b
entry and inspection conditions.
2
Fee capping conditions are conditions limiting the amount of a fee chargeable by a recognised body for—
a
the award or authentication of a qualification in respect of which the body is recognised, or
b
the provision of any other service in relation to such a qualification.
3
Entry and inspection conditions are conditions requiring permission to enter premises for the purposes of inspecting and copying documents so far as necessary for Ofqual—
a
to satisfy itself that the appropriate standards are being maintained by a recognised body in relation to the award or authentication of any qualification in respect of which the body is recognised, or
b
to determine whether to impose a fee capping condition and, if so, what that condition should be.
I60136Fee capping conditions: supplementary
1
Ofqual may impose a fee capping condition limiting the amount of a particular fee only if satisfied that the limit is necessary in order to secure value for money.
2
Before imposing a fee capping condition in respect of a recognition Ofqual must give notice to the recognised body of its intention to do so.
3
The notice must—
a
set out Ofqual's reasons for proposing to impose the fee capping condition, and
b
specify the period during which, and the way in which, the recognised body may make representations about the proposal.
4
Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose the fee capping condition.
5
Ofqual must establish arrangements (the “review arrangements”) for the review, at the request of a recognised body, of a decision to impose a fee capping condition.
6
The review arrangements must require the decision on review to be made by a person within subsection (7).
7
A person within this subsection is one who—
a
appears to Ofqual to have skills likely to be relevant to decisions to impose fee capping conditions, and
b
is independent of Ofqual.
8
A person is independent of Ofqual for the purposes of subsection (7) if the person is—
a
an individual who is not a member of Ofqual or Ofqual's staff, or
b
a body none of whose members is a member of Ofqual or Ofqual's staff.
9
A decision to impose a fee capping condition must not take effect before the later of—
a
the expiry of the period during which a review can be requested under the review arrangements, and
b
the completion of any review requested under those arrangements.
10
Ofqual must, in performing its functions in relation to fee capping conditions, have regard to any guidance given by the Secretary of State.
11
The Secretary of State must publish any guidance given under subsection (10).
I61137Entry and inspection conditions: supplementary
1
An entry and inspection condition requires permission to enter premises to be given only if—
a
the premises in question are not used as a private dwelling,
b
the entry is to be by an authorised person,
c
reasonable notice has been given to the recognised body in question, and
d
the entry is to be at a reasonable time.
2
“Authorised person” means a member of Ofqual's staff who is authorised (generally or specifically) for the purpose.
3
An entry and inspection condition may require an authorised person to be given permission to do anything that a person authorised by a provision of Part 1 of the Education Act 2005 (c. 18) to inspect documents could do by virtue of section 58 of that Act (computer records).
Accreditation of certain qualifications
I62138Qualifications subject to the accreditation requirement
1
Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.
F4081A
But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification if—
a
the qualification is an approved technical education qualification, or
b
the Institute—
i
has notified Ofqual that the Institute is considering whether or not to approve the qualification as an approved technical education qualification, and
ii
has not notified Ofqual of its decision.
2
A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—
a
for all purposes, or
b
for the purposes of award or authentication by a specified awarding body.
3
Ofqual must publish a determination falling within subsection (2)(a).
4
Ofqual may revise a determination made under subsection (1).
5
If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.
6
Before making or revising a determination under subsection (1) Ofqual must—
a
if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and
b
if the determination falls within subsection (2)(b), consult the awarding body in question.
F4097
8
I63139Accreditation
1
Where a qualification is subject to the accreditation requirement Ofqual must accredit a particular form of the qualification if—
a
that form of the qualification has been submitted for accreditation by a recognised body which is recognised in respect of the qualification, and
b
that form of the qualification meets the applicable criteria for accreditation most recently published under section 140.
2
Ofqual may not accredit a form of a qualification if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the qualification.
3
An accreditation under this section has effect from such date as Ofqual may specify.
4
Ofqual may not charge a recognised body in respect of accreditation under this section.
5
If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.
I64140Criteria for accreditation
1
Ofqual must set and publish the criteria for accreditation under section 139.
2
Different criteria may be set for the accreditation of different qualifications or different descriptions of qualifications.
3
Ofqual may revise the criteria.
4
If Ofqual revises the criteria it must publish them as revised.
5
Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.
6
If Ofqual revises the criteria under this section which are applicable to a form of a qualification which is accredited under section 139, the accreditation ceases to have effect on the date specified by Ofqual.
7
Ofqual may vary the date specified under subsection (6) at any time before the date.
8
Ofqual may determine that subsection (6) does not apply in relation to a specified revision.
9
Ofqual must publish a determination made under subsection (8).
10
Ofqual may make saving or transitional provision in connection with the accreditation of a form of a qualification ceasing to have effect under subsection (6).
Minimum requirements
I65141Power to specify minimum requirements
1
The Secretary of State may by order specify minimum requirements in respect of a specified qualification, or description of qualification, to which this section applies.
2
But the Secretary of State may make an order under subsection (1) only if satisfied that it is necessary to do so for the purpose of ensuring that the curriculum studied by persons taking a course leading to the qualification, or a qualification of the description, is appropriate, having regard to the likely ages of those persons.
3
This section applies to a qualification, or description of qualification, if—
a
the qualification, or each qualification of the description, is one to which this Part applies, and
b
the condition in subsection (4) is met in relation to the qualification or each qualification of the description.
4
The condition is that—
a
one or more forms of the qualification is (or are) approved under section 98 of the Learning and Skills Act 2000 (c. 21), or
b
the Secretary of State reasonably expects approval under that section to be sought for one or more forms of the qualification.
5
A minimum requirement in respect of a qualification or description of qualification is a requirement which relates to the knowledge, skills or understanding which a person must demonstrate in order to obtain the qualification or a qualification of the description.
I66142Consultation before making order specifying minimum requirements
1
Before making an order under section 141(1) the Secretary of State must consult Ofqual and such other persons as the Secretary of State considers appropriate.
2
For the purposes of consulting under subsection (1) the Secretary of State must publish a document setting out—
a
the grounds on which the Secretary of State is satisfied of the matter specified in section 141(2),
b
the proposed minimum requirements, and
c
the Secretary of State's reasons for proposing those minimum requirements.
3
The Secretary of State must provide a copy of the document to Ofqual and any other persons the Secretary of State proposes to consult under subsection (1).
I67143Effect of order specifying minimum requirements
1
This section applies in relation to a qualification or description of qualification in respect of which minimum requirements specified in an order under section 141(1) have effect.
2
Ofqual must perform its functions under sections 133, 134 and 140 in relation to the qualification or description of qualification in a way which secures that the minimum requirements in respect of the qualification or description of qualification are met.
3
But Ofqual is not required to comply with the duty imposed by subsection (2) if it appears to Ofqual that complying with that duty would result in the level of attainment (in terms of depth of knowledge, skills or understanding) indicated by the qualification or description of qualification not being consistent with that indicated by comparable regulated qualifications.
I68144Revocation and amendment of orders specifying minimum requirements
1
Subsection (2) applies if—
a
the Secretary of State has made an order under section 141(1) in respect of a qualification or description of qualification, and
b
the qualification or description of qualification ceases to be one to which section 141 applies.
2
The Secretary of State may by order—
a
revoke the order, or
b
amend it for the purpose of removing the qualification or description of qualification from the application of the order.
3
Subsections (1) and (2) do not affect the power of the Secretary of State to revoke or amend an order under section 141(1) in other circumstances.
4
Sections 141(2) and 142 do not apply to an order—
a
revoking an order under section 141(1), or
b
amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.
Guided learning
I349145Assignment of number of hours of guided learning
1
A recognised body may only award or authenticate a particular form of a qualification in respect of which it is recognised if Condition 1 or 2 is met.
2
Condition 1 is met if the recognised body determines that the qualification is not relevant for 2008 Act purposes.
3
Condition 2 is met if—
a
the recognised body determines that the qualification is relevant for 2008 Act purposes, and
b
the body assigns to the particular form of the qualification a number of hours of guided learning.
F2754
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A recognised body must apply the applicable criteria then in force under section 146 when determining—
a
whether or not a qualification is relevant for 2008 Act purposes, and
b
in respect of a qualification which the body has determined is relevant for those purposes, a number of hours of guided learning to assign to a form of the qualification.
6
If revised criteria come into force under section 146, a recognised body must review any determination it has made under this section.
7
Ofqual may—
a
review any determination made by a recognised body under this section, and
b
require the recognised body to revise any such determination in such respects as Ofqual may specify.
8
If under subsection (7)(b) Ofqual requires a recognised body to revise a determination that a qualification is not relevant for 2008 Act purposes by specifying that the determination should provide that the qualification is so relevant—
a
Ofqual may assign to a form of the qualification awarded or authenticated by the recognised body a number of hours of guided learning, and
b
if it does so, the recognised body is to be treated as having determined to assign that number of hours of guided learning to that form of the qualification.
9
For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if there are, or may reasonably be expected to be, persons seeking to obtain the qualification for the purposes of discharging the duty under section 2(1)(c) of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training).
10
In this Chapter a “number of hours of guided learning”, in relation to a form of a qualification, means a number of notional hours representing an estimate of the amount of actual guided learning which could reasonably be expected to be required in order for persons to achieve the standard required to obtain that form of the qualification.
11
In subsection (10) “actual guided learning” means time a person spends—
a
being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of education or training, or
b
otherwise participating in education or training under the immediate guidance or supervision of such a person,
but does not include time spent on unsupervised preparation or study, whether at home or otherwise.
12
Section 172(2)(a) does not apply for the purposes of this section.
I350146Criteria for assignment of number of hours of guided learning
1
Ofqual must set and publish criteria for determining—
a
whether a qualification is relevant for 2008 Act purposes, and
b
in respect of a qualification which a recognised body has determined is relevant for those purposes, the number of hours of guided learning that should be assigned to a form of the qualification.
2
Different criteria may be set for determinations in relation to different qualifications or different descriptions of qualifications.
3
Ofqual may revise the criteria.
4
If Ofqual revises the criteria it must publish them as revised.
5
Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.
Surrender
I69147Surrender of recognition
1
A recognised body may give notice to Ofqual that it wishes to cease to be recognised in respect of the award or authentication of a specified qualification or description of qualification.
2
As soon as reasonably practicable after receipt of a notice under subsection (1) Ofqual must give notice to the recognised body of the date on which the body is to cease to be recognised in the respect in question (“the surrender date”).
3
At any time before the surrender date Ofqual may vary that date by giving further notice to the recognised body.
4
In deciding or varying the surrender date Ofqual must have regard to the need to avoid prejudicing persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the notice under subsection (1).
5
Ofqual may make saving or transitional provision in connection with a recognised body ceasing to be recognised in any respect by virtue of this section.
Register
148Register
1
Ofqual must maintain and publish a register containing the following information in relation to each recognised body—
I70a
the qualifications in respect of which it is recognised,
I70b
the forms of those qualifications which are awarded or authenticated by it, and
c
if the recognised body has determined under section 145 that any of those qualifications is relevant for 2008 Act purposes, the number of hours of guided learning it has assigned to each form of the qualification awarded or authenticated by it.
I702
The register may include such other information as Ofqual considers appropriate.
Recognised bodies: monitoring and enforcement
I71149Review of activities of recognised bodies
1
Ofqual may keep under review any connected activities of a recognised body.
2
An activity of a recognised body is a connected activity if Ofqual considers that it is connected or otherwise relevant to—
a
the body's recognition (including, in particular, the compliance by the body with the conditions to which the recognition is subject), or
b
the award or authentication by the body of any qualification in respect of which it is recognised.
I72150Investigation of complaints
1
Ofqual may investigate, or make arrangements for the investigation of, complaints in relation to the award or authentication of a regulated qualification.
2
Arrangements made under subsection (1) may in particular include arrangements for the referral of complaints to an independent party.
3
“An independent party” means—
a
an individual who is not a member of Ofqual or Ofqual's staff, or
b
a body none of whose members is a member of Ofqual or Ofqual's staff.
I73151Power to give directions
F1051
Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject.
2
Ofqual may direct the recognised body to take or refrain from taking specified steps with a view to securing compliance with the condition.
3
Before giving a recognised body a direction under this section Ofqual must give notice to the body of its intention to do so.
4
The notice must—
a
set out Ofqual's reasons for proposing to give the direction, and
b
specify the period during which, and the way in which, the recognised body may make representations about the proposal.
5
Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to give a direction to the body.
6
A recognised body must comply with a direction given to it under this section.
7
A direction under this section is enforceable, on the application of Ofqual—
a
in England and Wales, by a mandatory order, F276...
F276b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
A direction given under this section may be amended or revoked by Ofqual; and subsections (3) to (5) apply to the amendment of a direction as they apply to the giving of a direction.
151AF109Power to impose monetary penalties
1
Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject.
2
Ofqual may impose a monetary penalty on the recognised body.
3
A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B.
4
Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so.
5
The notice must—
a
set out Ofqual's reasons for proposing to impose the penalty, and
b
specify the period during which, and the way in which, the recognised body may make representations about the proposal.
6
The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received.
7
Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body.
8
If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to—
a
the grounds for imposing the penalty,
b
how payment may be made,
c
the period within which payment is required to be made (which must not be less than 28 days),
d
rights of appeal,
e
the period within which an appeal may be made, and
f
the consequences of non-payment.
151BMonetary penalties: amount
1
The amount of a monetary penalty imposed on a recognised body under section 151A must not exceed 10% of the body's turnover.
2
The turnover of a body for the purposes of subsection (1) is to be determined in accordance with an order made by the Secretary of State.
3
Subject to subsection (1), the amount may be whatever Ofqual decides is appropriate in all the circumstances of the case.
151CMonetary penalties: appeals
1
A recognised body may appeal to the First-tier Tribunal against—
a
a decision to impose a monetary penalty on the body under section 151A;
b
a decision as to the amount of the penalty.
2
An appeal under this section may be made on the grounds—
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that the decision was unreasonable.
3
The requirement to pay the penalty is suspended pending the determination of an appeal under this section.
4
On an appeal under this section the Tribunal may—
a
withdraw the requirement to pay the penalty;
b
confirm that requirement;
c
vary that requirement;
d
take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;
e
remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Ofqual.
151DMonetary penalties: interest and recovery
1
This section applies if all or part of a monetary penalty imposed on a recognised body is unpaid at the end of the period ending on the applicable date.
2
The applicable date is—
a
the last date on which the recognised body may make an appeal under section 151C in respect of the penalty, if no such appeal is made;
b
if an appeal under section 151C in respect of the penalty is made—
i
the date on which the appeal is determined, or
ii
if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.
3
The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).
4
The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.
5
Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.
I74152Power to withdraw recognition
1
Subsection (2) applies if a recognised body has failed to comply with a condition to which the recognition is subject.
F1062
Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of—
a
a specified qualification or description of qualification in respect of which the body is recognised, or
b
every qualification or description of qualification in respect of which the body is recognised.
3
Before withdrawing recognition from a recognised body in any respect Ofqual must give notice to the body of its intention to do so.
4
The notice must—
a
set out Ofqual's reasons for proposing to withdraw recognition from the recognised body in the respect in question, and
b
specify the period during which, and the way in which, the recognised body may make representations about the proposal.
5
Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to withdraw recognition from the body in the respect in question.
6
If Ofqual decides to withdraw recognition from a recognised body Ofqual—
a
must give notice to the body of its decision and of the date on which the withdrawal is to take effect, and
b
may make saving or transitional provision.
7
At any time before a withdrawal takes effect Ofqual may vary the date on which it is to take effect by giving further notice to the recognised body.
8
Ofqual must establish arrangements for the review, at the request of a recognised body, of a decision to withdraw recognition under this section.
9
The arrangements established under subsection (8) must require the decision on review to be made by a person who is independent of Ofqual.
10
A person is independent of Ofqual for the purposes of subsection (9) if the person is—
a
an individual who is not a member of Ofqual or Ofqual's staff, or
b
a body none of whose members is a member of Ofqual or Ofqual's staff.
152AF110Costs recovery
1
Ofqual may, by notice, require a recognised body on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction, up to the time it is imposed.
2
The references in subsection (1) to imposing a sanction are to—
a
giving a direction under section 151;
b
imposing a monetary penalty under section 151A;
c
withdrawing recognition under section 152.
3
“Costs” includes in particular—
a
investigation costs;
b
administration costs;
c
costs of obtaining expert advice (including legal advice).
4
A notice given to a recognised body under subsection (1) must contain information as to—
a
the amount required to be paid,
b
how payment may be made,
c
the period within which payment is required to be made (which must not be less than 28 days),
d
rights of appeal,
e
the period within which an appeal may be made, and
f
the consequences of non-payment.
5
The body may require Ofqual to provide a detailed breakdown of the amount specified in the notice.
152BCosts recovery: appeals
1
A recognised body may appeal to the First-tier Tribunal against—
a
a decision under section 152A(1) to require the body to pay costs;
b
a decision as to the amount of those costs.
2
An appeal under this section may be made on the grounds—
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that the decision was unreasonable.
3
The requirement to pay the costs is suspended pending the determination of an appeal under this section.
4
On an appeal under this section the Tribunal may—
a
withdraw the requirement to pay the costs;
b
confirm that requirement;
c
vary that requirement;
d
take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;
e
remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to Ofqual.
152CCosts: interest and recovery
1
This section applies if all or part of an amount of costs that a recognised body is required to pay under section 152A(1) is unpaid at the end of the period ending on the applicable date.
2
The applicable date is—
a
the last date on which the recognised body may make an appeal under section 152B in respect of the costs, if no such appeal is made;
b
if an appeal under section 152B in respect of the costs is made—
i
the date on which the appeal is determined, or
ii
if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.
3
The unpaid amount of the costs for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).
4
The total amount of interest imposed under subsection (3) must not exceed the amount of the costs.
5
Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.
I75153Qualifications regulatory framework
1
Ofqual must prepare and publish—
a
a statement of how Ofqual intends to perform the monitoring and enforcement functions, and
b
guidance to recognised bodies in relation to the award and authentication of qualifications in respect of which they are recognised.
2
The statement and guidance mentioned in subsection (1) are together referred to in this section as “the qualifications regulatory framework”.
3
Guidance under subsection (1)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general conditions to which a recognition is subject (see section 134).
4
The guidance may in particular specify—
a
descriptions of behaviour which Ofqual considers complies with a general condition;
b
descriptions of behaviour which Ofqual considers does not comply with a general condition;
c
factors which Ofqual will take into account in determining whether or not a recognised body's behaviour complies with a general condition.
5
Ofqual—
a
may revise the qualifications regulatory framework, and
b
if it does so, must publish the revised version.
6
Before publishing the qualifications regulatory framework or a revised version of it, Ofqual must consult such persons as it considers appropriate.
7
A recognised body must have regard to guidance under subsection (1)(b) in awarding or authenticating a qualification in respect of which it is recognised.
8
In subsection (1) “the monitoring and enforcement functions” means—
a
Ofqual's power under section 132(3)(d) (power to impose other conditions);
b
Ofqual's functions under sections 132(4) and 134 (functions in relation to general conditions);
c
Ofqual's functions under an entry and inspection condition to which a recognition is subject (see section 135);
d
Ofqual's functions under section 138(1) (power to determine that a qualification is subject to the accreditation requirement);
e
Ofqual's functions under sections 149 to F107152C .
Other
I76154Review of qualifications to which Part applies
Ofqual may keep under review all aspects of qualifications to which this Part applies.
155Review of system for allocating values to qualifications
1
Ofqual must keep under review any system used by the Secretary of State for allocating values to qualifications to which this Part applies by reference to the level of attainment indicated by the qualifications.
2
The duty in subsection (1) applies only if the values are to be allocated for the purpose of a qualifications-based performance management system.
3
A qualifications-based performance management system is a system for measuring the relative performance of schools by reference to the performance of pupils at the schools in qualifications to which this Part applies.
4
Ofqual may at any time require the Secretary of State to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its duty under subsection (1).
I77156Co-operation and joint working
1
Ofqual may co-operate or work jointly with another public authority where it is appropriate to do so for the efficient and effective performance of any of Ofqual's qualifications functions.
2
“Public authority” includes any person who performs functions (whether or not in the United Kingdom) which are of a public nature.
3
In this Chapter “qualifications functions” means functions in connection with qualifications to which this Part applies.
I78157Power to provide information to qualifications regulators
1
Ofqual may provide information to a qualifications regulator for the purpose of enabling or facilitating the performance of a relevant function of the regulator.
2
For the purposes of this section—
a
a qualifications regulator is a person who has functions in any part of the United Kingdom which are similar to Ofqual's qualifications functions, and
b
a function of a qualifications regulator is a relevant function if it is similar to any of the qualifications functions of Ofqual.
3
Nothing in this section—
a
affects any power to disclose information that exists apart from this section, or
b
authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.
General
158Interpretation of Chapter
I791
In this Chapter—
“awarding body” has the meaning given by section 132;
“entry and inspection condition” has the meaning given by section 135;
“fee capping condition” has the meaning given by section 135;
F277...
“number of hours of guided learning”, in relation to a form of a qualification, has the meaning given by section 145;
“qualifications functions” has the meaning given by section 156;
“recognised body” has the meaning given by section 132;
a “recognition” has the meaning given by section 132.
I802
For the purposes of this Chapter a qualification is subject to the accreditation requirement if a determination by Ofqual that the qualification, or a description of qualification which applies to the qualification, is to be subject to that requirement has effect under section 138.
3
For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if it falls within section 145(9).
Chapter 3Functions in relation to assessment arrangements
Development etc. of regulated assessment arrangements
159NC assessment arrangements: duty to consult Ofqual etc.
I811
Section 87 of the Education Act 2002 (c. 32) (establishment of the National Curriculum for England by order) is amended as follows.
I812
Before subsection (7) insert—
6A
Before making an order under subsection (3)(c) the Secretary of State—
a
shall consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as the Secretary of State considers appropriate.
I823
After subsection (8) insert—
8A
An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order—
a
shall consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as that person considers appropriate.
4
After subsection (12) (as inserted by paragraph 35 of Schedule 12) insert—
12A
An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised—
a
shall consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as that person considers appropriate.
160EYFS assessment arrangements: duty to consult Ofqual etc.
I831
Section 42 of the Childcare Act 2006 (c. 21) (further provisions about assessment arrangements) is amended as follows.
I832
Before subsection (1) insert—
A1
Before making a learning and development order specifying assessment arrangements the Secretary of State—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as the Secretary of State considers appropriate.
I843
After subsection (3) insert—
3A
A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as that person considers appropriate.
4
After subsection (6A) (as inserted by paragraph 40 of Schedule 12) insert—
6AA
A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as that person considers appropriate.
Review etc. of regulated assessment arrangements
I85161Review of regulated assessment arrangements
1
Ofqual must keep under review all aspects of NC assessment arrangements.
2
Ofqual must keep under review all aspects of EYFS assessment arrangements.
I86162Powers to require information
1
Ofqual may at any time require a person falling within subsection (2) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(1).
2
The persons are—
a
the Secretary of State;
b
an NC responsible body;
c
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
d
any other person specified or of a description specified in regulations.
3
Ofqual may at any time require a person falling within subsection (4) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(2).
4
The persons are—
a
the Secretary of State;
b
an EYFS responsible body;
c
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
d
any other person specified or of a description specified in regulations.
5
In this Chapter—
“EYFS responsible body” means a person who under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) has functions in relation to the development, implementation or monitoring of EYFS assessment arrangements;
“NC responsible body” means a person who under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) has functions in relation to the development, implementation or monitoring of NC assessment arrangements.
I87163Duty to notify significant failings
1
If it appears to Ofqual that there is or is likely to be a significant failing in NC assessment arrangements Ofqual must notify—
a
the Secretary of State, and
b
any NC responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.
2
If it appears to Ofqual that there is or is likely to be a significant failing in EYFS assessment arrangements Ofqual must notify—
a
the Secretary of State, and
b
any EYFS responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.
3
There is a significant failing in NC assessment arrangements or (as the case may be) EYFS assessment arrangements if, as a result of the way in which the arrangements are being developed or implemented, they fail in a significant way to achieve one or more of the specified purposes of the arrangements.
Regulatory frameworks
I88164NC assessments regulatory framework
1
Ofqual must prepare and publish a document (“the NC assessments regulatory framework”) which—
a
contains a description of how Ofqual intends to perform its function under section 161(1), and
b
gives guidance to NC responsible bodies about the performance of their functions in relation to NC assessment arrangements.
2
Ofqual—
a
may revise the NC assessments regulatory framework, and
b
if it does so, it must publish the revised version.
3
Before publishing the NC assessments regulatory framework or a revised version of it, Ofqual must consult—
a
the Secretary of State, and
b
such NC responsible bodies and other persons as it considers appropriate.
4
An NC responsible body must have regard to the NC assessments regulatory framework in performing its functions in relation to NC assessment arrangements.
I89165EYFS assessments regulatory framework
1
Ofqual must prepare and publish a document (“the EYFS assessments regulatory framework”) which—
a
contains a description of how Ofqual intends to perform its function under section 161(2), and
b
gives guidance to EYFS responsible bodies about the performance of their functions in relation to EYFS assessment arrangements.
2
Ofqual—
a
may revise the EYFS assessments regulatory framework, and
b
if it does so, it must publish the revised version.
3
Before publishing the EYFS assessments regulatory framework or a revised version of it, Ofqual must consult—
a
the Secretary of State, and
b
such EYFS responsible bodies and other persons as it considers appropriate.
4
An EYFS responsible body must have regard to the EYFS assessments regulatory framework in performing its functions in relation to EYFS assessment arrangements.
General
I90166Interpretation of Chapter
In this Chapter—
“EYFS assessment arrangements” has the meaning given by section 131;
“EYFS responsible body” has the meaning given by section 162;
“NC assessment arrangements” has the meaning given by section 131;
“NC responsible body” has the meaning given by section 162.
Chapter 4Other functions
I91167Provision of services
1
Ofqual may, in connection with any of its functions, provide services to any person (whether or not in the United Kingdom).
2
Services provided by virtue of this section may be provided on such terms and subject to such conditions (if any) as Ofqual may determine.
3
Ofqual may charge a fee for, or in connection with, any service provided by virtue of this section.
I92168Provision of information or advice
1
If requested to do so by the Secretary of State, Ofqual must provide the Secretary of State with information or advice on such matters relating to any of its functions as may be specified in the request.
F2782
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I93169Research and development
1
Ofqual may carry out programmes of research and development for purposes connected with—
a
qualifications to which this Part applies, or
b
regulated assessment arrangements.
2
Ofqual may commission, co-ordinate or facilitate the carrying out of programmes of research and development for the purposes mentioned in subsection (1).
I94170Duty not to impose or maintain unnecessary burdens
1
Ofqual must keep its regulatory functions under review.
2
Ofqual must secure that in performing any of its regulatory functions it does not—
a
impose burdens which it considers to be unnecessary, or
b
maintain burdens which it considers to have become unnecessary.
3
Subsection (2) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impracticable or disproportionate.
4
Ofqual must publish a statement setting out—
a
what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates,
b
(except in the case of the first statement published under this section) what it has done pursuant to subsections (1) and (2) since the previous statement was published under this section, and
c
where a burden which has become unnecessary is maintained pursuant to subsection (3), the reasons why the removal of the burden would, having regard to all the circumstances, be impracticable or disproportionate.
5
The first statement published under this section—
a
must be published as soon as reasonably practicable after the commencement of section 127, and
b
is to be a statement for the period of 12 months beginning with the day of its publication.
6
A subsequent statement published under this section—
a
must be published during the period to which the previous statement related or as soon as reasonably practicable after the end of that period, and
b
must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related.
7
Ofqual must, in performing any of its regulatory functions during a period for which a statement is in force under this section, have regard to the statement.
8
In this section “regulatory function” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).
I95171Annual and other reports
1
As soon as reasonably practicable after the end of each reporting period Ofqual must prepare and publish a report for the period (“the annual report”).
2
The annual report must include—
a
a statement of what Ofqual has done in performing its functions in the reporting period;
b
an assessment of the extent to which Ofqual has met its objectives in that period;
c
details of any information obtained by Ofqual in that period on the levels of attainment in relevant regulated qualifications.
3
“Relevant regulated qualifications” are regulated qualifications that are taken wholly or mainly by pupils at schools in England.
4
An assessment under subsection (2)(b) in respect of the qualifications standards objective must in particular explain how, in making the assessment, Ofqual has taken account of any information within subsection (2)(c) obtained in the reporting period or an earlier reporting period.
5
If arrangements of the kind mentioned in section 150(2) (arrangements for referral of complaints to an independent party) were in place during the reporting period, the annual report must include a description of the activities of the independent party during the reporting period.
6
Ofqual must—
a
lay a copy of each annual report before Parliament;
F279b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Ofqual may prepare and publish other reports on matters relating to its functions.
8
If Ofqual prepares and publishes a report under subsection (7) it may—
a
lay a copy of the report before Parliament;
F280b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
Ofqual may comply with subsection (1) by preparing and publishing a single document or separate documents F281....
10
In this section “reporting period” means—
a
the period (being not longer than 12 months) beginning with the day on which section 127 comes into force and ending on such date as Ofqual decides;
b
each successive period of 12 months.
Chapter 5General
I96172Interpretation of Part
1
In this Part—
“institution within the higher education sector”—
- a
in relation to England, has the same meaning as in the Education Act 1996 (c. 56) (see section 4(4) of that Act);
- b
F282...
- a
“Ofqual” means the Office of Qualifications and Examinations Regulation;
“qualification to which this Part applies” has the meaning given by section 130;
“regulated assessment arrangements” has the meaning given by section 131;
“regulated qualification” has the meaning given by section 130;
“the specified purposes”, in relation to regulated assessment arrangements, has the meaning given by section 131.
2
In this Part a reference to the award or authentication of a qualification includes a reference to—
a
the award or authentication of credits in respect of components of a qualification, and
b
the award or authentication of a qualification by a body either alone or jointly with others.
3
In this Part a reference to recognition, or being recognised, in respect of a qualification is a reference to recognition, or being recognised, under section 132 in respect of the award or authentication of the qualification or of a description of qualification which applies to the qualification.
F55173Transfer schemes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I97I303174Minor and consequential amendments
Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and Part 8).
Part 8The Qualifications and Curriculum Development Agency
Chapter 1The QCDA, objective and general duties
The QCDA
F104175The Qualifications and Curriculum Development Agency
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Objective and general duties
F104176Objective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104177General duties
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2Functions in relation to qualifications
F104178Qualifications within the QCDA's remit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104179Qualifications: general functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104180Assistance etc. in relation to qualifications functions of Ofqual
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 3Functions in relation to curriculum, Early Years Foundation Stage and assessment
F104181Curriculum
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104182Early learning goals and educational programmes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104183Assessment arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 4Other functions and supplementary provision
Other functions
F104184Provision of services or other assistance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104185Provision of information or advice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104186Ancillary activities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104187Co-operation and joint working
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104188Power to confer supplementary functions on the QCDA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary provision
F104189Directions etc. by the Secretary of State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104190Guidance by the Secretary of State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 5General
F104191Interpretation of Part
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I98I304192Minor and consequential amendments
Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and by Part 7).
Part 9Children's services
Co-operation to improve well-being of children
193Arrangements to promote co-operation
I71
Section 10 of the Children Act 2004 (c. 31) (co-operation to improve well-being) is amended as set out in subsections (2) to (5).
2
In subsection (4)—
I7a
after paragraph (f) insert—
fa
the governing body of a maintained school that is maintained by the authority in their capacity as a F18local authority;
fb
the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area;
fc
the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area;
fd
the governing body of an institution within the further education sector the main site of which is situated in the authority's area;
fe
the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973.
I168b
omit paragraph (g).
I73
After subsection (5) insert—
5A
For the purposes of arrangements under this section a relevant person or body may—
a
provide staff, goods, services, accommodation or other resources to another relevant person or body;
b
make contributions to a fund out of which relevant payments may be made.
I74
Omit subsections (6) and (7).
I75
After subsection (9) insert—
10
In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a children's services authority, the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State.
11
In this section—
“governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;
“institution within the further education sector” has the meaning given by section 4(3) of the Education Act 1996;
“maintained school” has the meaning given by section 39(1) of the Education Act 2002;
“proprietor”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management;
“relevant payment”, in relation to a fund, means a payment in respect of expenditure incurred, by a relevant person or body contributing to the fund, in the exercise of its functions;
“relevant person or body” means—
- a
a children's services authority in England;
- b
a relevant partner of a children's services authority in England.
194Children's Trust Boards
I50I1691
Part 2 of the Children Act 2004 (c. 31) (children's services in England) is amended as set out in subsections (2) to (5).
I50I1692
After section 12 insert—
Children's Trust Boards
12AEstablishment of CTBs
1
Arrangements made by a F4local authority in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area.
2
A Children's Trust Board must include a representative of each of the following—
a
the establishing authority;
b
each of the establishing authority's relevant partners (subject to subsection (4)).
3
A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate.
4
A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State.
5
Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b).
6
Where two or more F4local authorities jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities.
7
For the purposes of this section and sections 12B and 12C—
a
“the establishing authority”, in relation to a Children's Trust Board, is the F4local authority that establishes the Board;
b
a person or body is a “relevant partner” of a F4local authority if it is a relevant partner of the authority for the purposes of section 10.
12BFunctions and procedures of CTBs
1
The functions of a Children's Trust Board are—
a
those conferred by or under section 17 or 17A (children and young people's plans);
b
any further functions conferred by regulations made by the Secretary of State.
2
Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority.
3
In subsection (2) “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e).
4
A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with—
a
the procedures to be followed by it;
b
the exercise of its functions.
5
In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.
12CFunding of CTBs
1
The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board—
a
by making the payments directly; or
b
by contributing to a fund out of which the payments may be made.
2
The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board.
3
Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions.
4
A pooled fund is a fund—
a
which is made up of contributions by the Boards concerned, and
b
out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards.
12DSupply of information to CTBs
1
A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions.
2
Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.
3
Information requested under subsection (1) must be information that relates to—
a
the person or body to whom the request is made;
b
a function of that person or body, or
c
a person in respect of whom a function is exercisable by that person or body.
I50I1693
For section 17 substitute—
17Children and young people's plans
1
The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan.
2
A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board.
3
In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e).
4
Regulations under this section may in particular make provision as to—
a
the matters to be dealt with in a children and young people's plan;
b
the period to which a children and young people's plan is to relate;
c
when and how a children and young people's plan must be published;
d
keeping a children and young people's plan under review;
e
revising a children and young people's plan;
f
consultation to be carried out during preparation or revision of a children and young people's plan;
g
other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan.
5
In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.
17AChildren and young people's plans: implementation
1
This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17.
2
The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions.
3
The Board must—
a
monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan;
b
prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan.
I1704
In section 18(2)
(functions of F5local authority exercisable by director of children's services) in paragraph (d) for “and 17” substitute “
, 12C, 12D and 17A
”
.
I1705
In section 23(3)
(sections 20 to 22: meaning of “children's services”) in paragraph (b) for “13” substitute “
12B
”
.
I1706
In section 50(2) of the Children Act 2004 (c. 31)
(intervention: relevant functions) in paragraph (c) for “and 17” substitute “
, 12C, 12D and 17A
”
.
I1707
In section 66(3) of that Act (regulations and orders subject to affirmative procedure) after “12” insert “
, 12B(1)(b)
”
.
I1708
In section 47A of the School Standards and Framework Act 1998 (schools forums)—
a
after subsection (3) insert—
3A
In exercising its functions, a schools forum is to have regard to any children and young people's plan prepared by the local Children's Trust Board.
b
after subsection (9) insert—
10
In this section—
a
a “children and young people's plan” means a plan published by a Children's Trust Board under section 17 of the Children Act 2004;
b
“the local Children's Trust Board”, in relation to a schools forum, is the Children's Trust Board established by arrangements made under section 10 of that Act by the relevant authority F6....
I1709
In section 21 of the Education Act 2002 (c. 32)—
a
in subsection (9) for paragraph (a) (but not the “and” immediately after it) substitute—
a
in relation to a school in England, any plan published by the relevant Children's Trust Board under section 17 of the Children Act 2004 (children and young people's plans: England),
Safeguarding and promoting the welfare of children
I8195Targets for safeguarding and promoting the welfare of children
1
Before section 10 of the Children Act 2004 (c. 31) insert—
9ATargets for safeguarding and promoting the welfare of children
1
The Secretary of State may, in accordance with regulations, set safeguarding targets for a children's services authority in England.
2
The regulations may, in particular—
a
make provision about matters by reference to which safeguarding targets may, or must, be set;
b
make provision about periods to which safeguarding targets may, or must, relate;
c
make provision about the procedure for setting safeguarding targets;
d
specify requirements with which a children's services authority in England must comply in connection with the setting of safeguarding targets.
3
In exercising their functions, a children's services authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met.
4
“Safeguarding targets”, in relation to a children's services authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area.
2
In section 66 of that Act (regulations and orders)—
a
in subsection (4) after “containing” insert “
the first regulations under section 9A or
”
;
b
in subsection (5)(a) for “to which subsection (3) does not apply” substitute “
to which neither of subsections (3) and (4) applies
”
.
3
In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (social services functions) in the entry relating to the Children Act 2004—
a
in the first column, after “Sections” insert “
9A,
”
;
b
in the second column, after “to” insert “
targets for safeguarding and promoting the welfare of children, and to
”
.
I171196Local Safeguarding Children Boards: lay members
1
Part 2 of the Children Act 2004 is amended as follows.
2
In section 13 (establishment of LSCBs) after subsection (5) insert—
5A
A F8local authority in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them also includes two persons who appear to the authority to be representative of persons living in the authority's area.
5B
An authority may pay remuneration, allowances and expenses to persons who are included by virtue of subsection (5A) in a Local Safeguarding Children Board established by them.
3
In section 14 (functions and procedures of LSCBs) in subsection (1)(a) after “the Board” insert “
by virtue of section 13(2), (4) or (5)
”
.
I172197Local Safeguarding Children Boards: annual reports
After section 14 of the Children Act 2004 (c. 31) insert—
14ALSCBs: annual reports
1
At least once in every 12 month period, a Local Safeguarding Children Board established under section 13 must prepare and publish a report about safeguarding and promoting the welfare of children in its local area.
2
The Board must submit a copy of the report to the local Children's Trust Board.
3
For the purposes of this section—
a
the local area of a Local Safeguarding Children Board is the area of the F9local authority that established the Board;
b
the local Children's Trust Board, in relation to a Local Safeguarding Children Board, is the Children's Trust Board established for the Board's local area.
Children's centres
198Arrangements for children's centres
In Part 1 of the Childcare Act 2006 (c. 21) (functions of local authorities in England in relation to children) after section 5 insert—
Children's centres
5AArrangements for provision of children's centres
1
Arrangements made by an English local authority under section 3(2) must, so far as is reasonably practicable, include arrangements for sufficient provision of children's centres to meet local need.
2
“Local need” is the need of parents, prospective parents and young children in the authority's area.
3
In determining what provision of children's centres is sufficient to meet local need, an authority may have regard to any children's centres—
a
that are provided outside the authority's area, or
b
that the authority expect to be provided outside their area.
4
For the purposes of this Part and Part 3A a “children's centre” is a place, or a group of places—
a
which is managed by or on behalf of, or under arrangements made with, an English local authority, with a view to securing that early childhood services in their area are made available in an integrated manner,
b
through which each of the early childhood services is made available, and
c
at which activities for young children are provided, whether by way of early years provision or otherwise.
5
For the purposes of this section, a service is made available—
a
by providing the service, or
b
by providing advice and assistance to parents and prospective parents on gaining access to the service.
6
Guidance given under section 3(6) in respect of arrangements made under section 3(2) by virtue of subsection (1) of this section may, in particular, relate to—
a
circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(a);
b
circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(b).
7
A children's centre provided by virtue of arrangements made by an English local authority under section 3(2) is to be known as a Sure Start Children's Centre.
5BChildren's centres: staffing, organisation and operation
1
Regulations may make provision about the staffing, organisation and operation of children's centres.
2
The regulations may in particular—
a
require English local authorities to secure that children's centres have governing bodies;
b
impose obligations and confer powers on any such governing bodies.
5CChildren's centres: advisory boards
1
This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.
2
The authority must make arrangements to secure that each of the children's centres is within the remit of an advisory board.
3
A children's centre is within the remit of an advisory board if it is specified in relation to the board by the responsible authority.
4
An advisory board must provide advice and assistance for the purpose of ensuring the effective operation of the children's centres within its remit.
5
An advisory board must include persons representing the interests of—
a
each children's centre within its remit;
b
the responsible authority;
c
parents or prospective parents in the responsible authority's area.
6
An advisory board may also include persons representing the interests of any other persons or bodies that the responsible authority think appropriate.
7
In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.
8
The guidance may in particular relate to—
a
the membership of advisory boards;
b
the organisation and operation of advisory boards.
9
The “responsible authority”, in relation to an advisory board in respect of which arrangements have been made under subsection (2), is the authority that made the arrangements.
5DChildren's centres: consultation
1
An English local authority must secure that such consultation as they think appropriate is carried out—
a
before making arrangements under section 3(2) for the provision of a children's centre;
b
before any significant change is made in the services provided through a relevant children's centre;
c
before anything is done that would result in a relevant children's centre ceasing to be a children's centre.
2
In discharging their duty under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.
3
For the purposes of this section a change in the manner in which, or the location at which, services are provided is to be treated as a change in the services.
4
A “relevant children's centre”, in relation to an authority, is a children's centre provided by virtue of arrangements made by the authority under section 3(2).
5EDuty to consider providing services through a children's centre
1
This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.
2
The authority must consider whether each of the early childhood services to be provided by them should be provided through any of those children's centres.
3
Each relevant partner of the authority must consider whether each of the early childhood services to be provided by it in the authority's area should be provided through any of those children's centres.
4
In discharging their duties under this section, the authority and each relevant partner must take into account whether providing a service through any of the children's centres in question would—
a
facilitate access to it, or
b
maximise its benefit to parents, prospective parents and young children.
5
In discharging their duties under this section, an English local authority and each of their relevant partners must have regard to any guidance given from time to time by the Secretary of State.
6
For the purposes of this section, early childhood services are provided by a person or body if they are provided on behalf of, or under arrangements made with, that person or body.
7
For the avoidance of doubt, nothing in this section is to be taken as preventing an English local authority or any of their relevant partners from providing early childhood services otherwise than through a children's centre.
5FChildren's centres: transitional provision
1
This section applies if immediately before the commencement date an English local authority has made arrangements for the provision of a children's centre.
2
To the extent that this would not otherwise be the case, the arrangements are to be treated for the purposes of this Part and Part 3A as made under section 3(2).
3
“The commencement date” is the day on which section 198 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.
5GChildren's centres: interpretation
In sections 5A to 5F—
“children's centre” has the meaning given by section 5A(4);
“early childhood services” has the same meaning as in section 3;
“parent” and “prospective parent” have the same meaning as in section 2;
“relevant partner” has the same meaning as in section 4.
199Inspection of children's centres
After Part 3 of the Childcare Act 2006 (c. 21) (regulation of provision of childcare in England) insert—
Part 3AInspection of children's centres
98AInspections
1
The Chief Inspector must—
a
inspect a children's centre at such intervals as may be prescribed;
b
inspect a children's centre at any time when the Secretary of State requires the Chief Inspector to secure its inspection.
2
The Chief Inspector may inspect a children's centre at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
3
Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect a children's centre at an interval prescribed for the purposes of subsection (1)(a).
4
A requirement made by the Secretary of State as mentioned in subsection (1)(b) may be imposed in relation to—
a
children's centres generally;
b
a class of children's centres;
c
a particular children's centre.
5
For the purposes of subsection (4)(b) a class of children's centres may be described, in particular, by reference to a geographical area.
6
If the Chief Inspector so elects in the case of an inspection falling within subsection (1)(b) or (2), that inspection is to be treated as if it were an inspection falling within subsection (1)(a).
98BReports
1
After conducting an inspection of a children's centre under section 98A, the Chief Inspector must make a report in writing.
2
The report must address the centre's contribution to—
a
facilitating access to early childhood services by parents, prospective parents and young children;
b
maximising the benefit of those services to parents, prospective parents and young children;
c
improving the well-being of young children.
3
Regulations may make provision, for the purposes of subsection (2), about—
a
matters required to be dealt with in the report;
b
matters not required to be dealt with in the report.
4
The regulations may, in particular, require the matters dealt with in the report to include matters relating to the quality of the leadership and management of the centre, including whether the financial resources made available to it are managed effectively.
5
The Chief Inspector—
a
may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy;
b
must ensure that a copy of the report is sent without delay to the relevant local authority;
c
may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.
6
For the purposes of this section and section 98C, the “relevant local authority”, in relation to a children's centre, is the English local authority that made the arrangements under section 3(2) by virtue of which the centre is provided.
98CAction to be taken by local authority on receiving report
1
This section applies where a copy of a report relating to a children's centre is sent to the relevant local authority under section 98B(5)(b).
2
The authority may—
a
send a copy of the report (or parts of it) to any person they think appropriate;
b
otherwise publish the report (or parts of it) in any manner they think appropriate.
3
The authority must secure that a written statement within subsection (4) is prepared and published.
4
A statement within this subsection is one setting out—
a
the action that each relevant person proposes to take in the light of the report, and
b
the period within which each relevant person proposes to take that action.
5
For the purposes of this section and section 98D, each of the following is a relevant person in relation to a children's centre—
a
the relevant local authority;
b
any person or body, other than the relevant local authority, managing the centre.
6
In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.
98DInspections of children's centres: powers of entry
1
The Chief Inspector may, at any reasonable time, enter any relevant premises in England for the purpose of conducting an inspection of a children's centre under section 98A.
2
“Relevant premises”, for the purposes of subsection (1), are—
a
premises on which services or activities are being provided through the children's centre;
b
premises of a relevant person which are used in connection with the staffing, organisation or operation of the children's centre.
3
But premises used wholly or mainly as a private dwelling are not relevant premises for the purposes of subsection (1).
4
An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to functions under subsection (1)—
a
may be given for a particular occasion or period;
b
may be given subject to conditions.
5
Subject to any conditions imposed under subsection (4)(b), subsections (6) to (8) apply where a person (“the inspector”) enters premises under this section.
6
The inspector may—
a
inspect the premises;
b
take measurements and photographs or make recordings;
c
inspect any children for whom activities are provided on the premises, and the arrangements made for their welfare;
d
interview in private any person working on the premises who consents to be interviewed.
7
The inspector may inspect, and take copies of, any records or documents relating to—
a
the services or activities provided through the children's centre;
b
the staffing, organisation or operation of the children's centre.
8
The inspector may require a person to afford such facilities and assistance, with respect to matters within the person's control, as are necessary to enable the inspector to exercise the powers conferred by this section.
9
Section 58 of the Education Act 2005 (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.
10
In this section “documents” and “records” each include information recorded in any form.
98EObstruction of power of entry, etc.
1
A person commits an offence if the person intentionally obstructs another person exercising a power under section 98D.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
98FPower of constable to assist in exercise of power of entry
1
The Chief Inspector may apply to a court for a warrant under this section.
2
Subsection (3) applies if on an application under subsection (1) it appears to the court that the Chief Inspector—
a
has attempted to exercise a power conferred by section 98D but has been prevented from doing so, or
b
is likely to be prevented from exercising any such power.
3
The court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary.
4
A warrant under this section must be addressed to, and executed by, a constable.
5
Schedule 11 to the Children Act 1989 (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act.
6
Subject to any provision made (by virtue of subsection (5)) by or under Schedule 11 to the Children Act 1989, “court” in this section means—
a
the High Court;
b
a county court;
c
a magistrates' court.
98GInspection of children's centres: interpretation
In sections 98A to 98F—
“the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“children's centre” has the meaning given by section 5A(4);
“relevant partner” has the same meaning as in section 4.
200Children's centres: safeguarding children
In paragraph 3(1) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (regulated activities relating to children: establishments) after paragraph (f) insert—
fa
a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);
Arrangements in respect of early childhood services
201Arrangements in respect of early childhood services
In section 3 of the Childcare Act 2006 (c. 21) (specific duties of local authority in relation to early childhood services) after subsection (4) insert—
4A
In deciding what arrangements to make under this section, an English local authority must in particular have regard to—
a
the quantity and quality of early childhood services that are provided, or that the authority expect to be provided, in their area, and
b
where in that area those services are provided or are expected to be provided.
Early years provision: budgetary framework
202Free of charge early years provision: budgetary framework: England
I91
The School Standards and Framework Act 1998 (c. 31) is amended as follows.
I92
In section 45A (determination of specified budgets of F18local authority), after subsection (4A) insert—
4B
For the purposes of this Part, the duty imposed on a local authority in England by section 7(1) of the Childcare Act 2006 (duty to secure prescribed early years provision free of charge) is to be treated as imposed on the authority in their capacity as a F18local authority.
I3113
After section 47 (determination of school's budget share) insert—
47ZAFree of charge early years provision outside a maintained school: budgetary framework: England
1
This section applies where a F18local authority in England propose to allocate an amount of relevant financial assistance to a relevant childcare provider for a funding period out of the authority's individual schools budget for the period.
2
The amount to be allocated is to be determined in accordance with regulations.
3
Financial assistance provided by a F18local authority in England to a childcare provider is “relevant” financial assistance if it is provided—
a
for the purpose of the discharge of the authority's duty under section 7 of the Childcare Act 2006, and
b
in respect of the provision of childcare.
4
Regulations under this section may, in particular—
a
specify factors or criteria which an authority are to take into account in determining the amount of any relevant financial assistance to be provided by them to a relevant childcare provider;
b
specify factors or criteria which an authority are to disregard in determining such an amount;
c
specify requirements as to other matters with which an authority are to comply in determining such an amount;
d
make provision about consultation to be carried out by an authority in connection with determining such an amount;
e
authorise an authority, in prescribed circumstances and to a prescribed extent, to determine such an amount in accordance with arrangements approved by the Secretary of State (instead of in accordance with arrangements provided for by the regulations);
f
require an authority to provide relevant childcare providers with prescribed information relating to their determination of such an amount;
g
make provision about the circumstances in which an authority are required to redetermine such an amount;
h
specify a time by which an authority's determination of such an amount is to take place.
5
For the purposes of this section—
a
“childcare” has the meaning given in section 18 of the Childcare Act 2006;
b
“relevant childcare provider” means a provider of childcare other than the governing body of a maintained school;
c
a reference to an authority's determination of the amount of any relevant financial assistance includes a reference to the authority's redetermination of such an amount.
Part 10Schools
Chapter 1Schools causing concern
Schools causing concern: England
I10203Powers in relation to schools causing concern: England
Schedule 13 makes provision in relation to schools causing concern in England.
I11204Power to require F19local authorities in England to obtain advisory services
1
Section 62A of the Education Act 2002 (power of Secretary of State to require F19local authorities in England to obtain advisory services) is amended as follows.
2
After subsection (1) insert—
1A
This section also applies where it appears to the Secretary of State that—
a
a F18local authority in England maintain a disproportionate number of low-performing schools, and
b
the authority—
i
have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or
ii
are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.
1B
In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.
1C
For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—
a
the standards that the pupils might in all the circumstances reasonably be expected to attain;
b
where relevant, the standards previously attained by them;
c
the standards attained by pupils at comparable schools.
3
In subsection (4) after “section” insert—
“ “pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);”.
Schools causing concern: Wales
F135205Powers in relation to schools causing concern: Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2Complaints: England
F115206Complaints to which this Chapter applies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115207Power of Local Commissioner to investigate complaint
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115208Time-limit etc for making complaint
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115209Procedure in respect of investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115210Investigations: further provisions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115211Statements about investigations
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F115212Adverse findings notices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115213Publication of statements etc. by Local Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115214Disclosure of information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115215Permitted disclosures of information by Local Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115216Law of defamation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115217Consultation with Parliamentary Commissioner for Administration
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115218Arrangements etc. to be made by Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115219Annual reports
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F115220Secretary of State's power of direction
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115221Disapplication of certain powers of Secretary of State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115222Power to amend meaning of “qualifying school”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115223Amendments consequential on Chapter 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115224Interpretation of Chapter 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 3Inspections
I12I173225Interim statements
1
The Education Act 2005 (c. 18) is amended as follows.
2
After section 10 insert—
"10AInterim statements between inspections
1
The Chief Inspector may make a statement (an “interim statement”) about a school in England to which section 5 applies.
2
An interim statement is a statement—
a
that the Chief Inspector is of the opinion that it is not necessary for the school to be inspected under section 5 for at least a year after the date on which the statement is made,
b
setting out the Chief Inspector's reasons for forming that opinion, and
c
containing such other information (if any) as the Chief Inspector considers appropriate.
3
The Chief Inspector may arrange for an interim statement to be published in such manner as the Chief Inspector considers appropriate.
4
Section 151 of the Education and Inspections Act 2006 (publication of inspection reports: privilege and electronic publication) applies in relation to an interim statement as it applies in relation to a report.
3
In the italic heading before section 14 after “reports” insert “
and interim statements
”
.
4
After section 14 insert—
14ADestination of interim statements: maintained schools
1
The Chief Inspector must ensure that a copy of any interim statement about a maintained school is sent without delay to the appropriate authority for the school.
2
The Chief Inspector must ensure that copies of the statement are sent—
a
to the head teacher of the school,
b
to whichever of the F18local authority and the governing body are not the appropriate authority, and
c
in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority.
3
If the school provides full-time education suitable to the requirements of pupils over compulsory school age, the Chief Inspector must ensure that a copy of the statement is also sent to the Young People's Learning Agency for England.
4
The appropriate authority must—
a
make a copy of any statement sent to the authority under subsection (1) available for inspection by members of the public at such times and at such places as may be reasonable,
b
provide one copy of the statement free of charge to any person who asks for one, and
c
take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the authority as may be prescribed.
5
In the italic heading before section 16 after “reports” insert “
and interim statements
”
.
6
After section 16 insert—
16ADestination of interim statements: non-maintained schools
1
The Chief Inspector must ensure that a copy of any interim statement about a school other than a maintained school is sent without delay to the proprietor of the school.
2
In the case of a special school which is not a community or foundation special school, the proprietor must without delay send a copy of any interim statement sent to the proprietor under subsection (1) to any F18local authority that are paying fees in respect of the attendance of a registered pupil at the school.
3
The proprietor of the school must—
a
make any statement sent to the proprietor under subsection (1) available for inspection by members of the public at such times and at such place as may be reasonable,
b
provide one copy of the statement free of charge to any person who asks for one, and
c
take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the proprietor as may be prescribed.
7
In section 18 (interpretation of Chapter) after the definition of “the Chief Inspector” insert—
“interim statement” means an interim statement under section 10A;
I13226Powers of persons providing administrative support in connection with inspections
1
Part 2 of Schedule 12 to the Education and Inspections Act 2006 (c. 40) (inspectors etc acting on behalf of Chief Inspector) is amended as follows.
2
In paragraph 9(1) (delegation of functions), after paragraph (c) insert
or
d
any inspection administrator,
3
In paragraph 9(2)(a) for “and 11(4)” substitute “
, 11(4) and 11A(3)
”
.
4
In paragraph 10(1) (inspectors etc to have necessary qualifications, experience and skills), after paragraph (c) insert
or
d
an inspection administrator,
5
After paragraph 11 insert—
11AInspection administrators
1
The Chief Inspector may enter into arrangements with inspection service providers under which they provide the services of persons to provide administrative support in connection with the carrying out of inspections.
2
A person providing administrative support in pursuance of arrangements under sub-paragraph (1) is to be known as an inspection administrator.
3
The Chief Inspector may not authorise an inspection administrator to conduct an inspection.
Chapter 4School Support Staff Pay and Conditions: England
The SSSNB
F43227The School Support Staff Negotiating Body
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43228Matters within SSSNB's remit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consideration of matter by SSSNB
F43229Referral of matter to SSSNB for consideration
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43230Consideration of other matters by SSSNB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Secretary of State on submission of SSSNB agreement
F43231Agreement submitted by SSSNB under section 229 or 230
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reconsideration by SSSNB
F43232Reconsideration of agreement by SSSNB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43233SSSNB's submission of agreement following reconsideration: powers of Secretary of State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Secretary of State in absence of SSSNB agreement
F43234Powers of Secretary of State in absence of SSSNB agreement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Orders
F43235Effect of order ratifying SSSNB agreement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43236Effect of order making provision otherwise than in terms of SSSNB agreement
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F43237Orders: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guidance
F43238Guidance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
F43239Non-statutory School Support Staff Negotiating Body
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43240“School support staff”
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F43241General interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 11Learners
Power to search for prohibited items
I290242Power of members of staff to search pupils for prohibited items: England
1
After section 550A of the Education Act 1996 (c. 56) insert—
Powers to search pupils
550ZAPower of members of staff to search pupils for prohibited items: England
1
This section applies where a member of staff of a school in England—
a
has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and
b
falls within section 550ZB(1).
2
The member of staff may search the pupil (“P”) or P's possessions for that item.
3
For the purposes of this section and section 550ZC each of the following is a “prohibited item”—
a
an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
b
an offensive weapon, within the meaning of the Prevention of Crime Act 1953;
c
alcohol, within the meaning of section 191 of the Licensing Act 2003;
d
a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession;
e
a stolen article;
f
an article of a kind specified in regulations.
4
In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.
5
In this section and section 550ZB—
“member of staff”, in relation to a school, means—
- a
any teacher who works at the school; and
- b
any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;
“possessions”, in relation to P, includes any goods over which P has or appears to have control.
6
The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.
550ZBPower of search under section 550ZA: supplementary
1
A person may carry out a search under section 550ZA only if that person—
a
is the head teacher of the school; or
b
has been authorised by the head teacher to carry out the search.
2
An authorisation for the purposes of subsection (1)(b) may be given in relation to—
a
searches under section 550ZA generally;
b
a particular search under that section;
c
a particular description of searches under that section.
3
Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA.
4
A search under section 550ZA may be carried out only where—
a
the member of staff and P are on the premises of the school; or
b
they are elsewhere and the member of staff has lawful control or charge of P.
5
A person exercising the power in section 550ZA may use such force as is reasonable in the circumstances for exercising that power.
6
A person carrying out a search of P under section 550ZA—
a
may not require P to remove any clothing other than outer clothing;
b
must be of the same sex as P;
c
may carry out the search only in the presence of another member of staff; and
d
must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so.
7
P's possessions may not be searched under section 550ZA except in the presence of—
a
P; and
b
another member of staff.
8
In this section—
“member of the security staff”, in relation to a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities;
“outer clothing” means—
- a
any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
- b
a hat, shoes, boots, gloves or a scarf.
550ZCPower to seize items found during search under section 550ZA
1
A person carrying out a search under section 550ZA may seize any of the following found in the course of the search—
a
anything which that person has reasonable grounds for suspecting is a prohibited item;
b
any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence.
2
A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.
3
A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.
4
A person who seizes a controlled drug under subsection (1)—
a
must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
b
may dispose of it if the person thinks that there is a good reason to do so.
5
A person who seizes a stolen article under subsection (1)—
a
must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
b
may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.
6
In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.
7
Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).
8
A person who, under subsection (1), seizes—
a
an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
b
an offensive weapon; or
c
anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;
must deliver it to a police constable as soon as reasonably practicable.
9
Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).
10
In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.
550ZDSection 550ZC: supplementary
1
The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
2
Subsection (3) applies where a person—
a
seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 550ZC; and
b
proves that the seizure, retention or disposal was lawful.
3
That person is not liable in any proceedings in respect of—
a
the seizure, retention or disposal; or
b
any damage or loss which arises in consequence of it.
4
Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
5
Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.
2
In section 569 of the Education Act 1996 (c. 56) (regulations)—
a
in subsection (2) after “this Act,” insert “
other than one falling within subsection (2A),
”
, and
b
after subsection (2) insert—
2A
A statutory instrument which contains (whether alone or with other provision) regulations under section 550ZA or 550ZC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3
In section 94(3) of the Education and Inspections Act 2006 (c. 40)
(provision to apply where items confiscated from pupils) before “550AA” insert “
550ZC or
”
.
I291243Power of members of staff to search pupils for weapons: Wales
1
Section 550AA of the Education Act 1996 (c. 56) (power of members of staff to search pupils for weapons) is amended as follows.
2
At the end of the title insert “
: Wales
”
.
3
In each of subsections (1) and (4) after “a school” insert “
in Wales
”
.
I292244Power of members of staff to search students for prohibited items: England
1
After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—
85AAPower of members of staff to search students for prohibited items: England
1
This section applies where a member of staff of an institution within the further education sector in England—
a
has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and
b
falls within section 85AB(1).
2
The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).
3
For the purposes of this section and section 85AC each of the following is a “prohibited item”—
a
an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
b
an offensive weapon, within the meaning of the Prevention of Crime Act 1953;
c
alcohol, within the meaning of section 191 of the Licensing Act 2003;
d
a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession;
e
a stolen article;
f
an article of a kind specified in regulations.
4
In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.
5
A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.
6
In this section and section 85AB—
“member of staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;
“possessions”, in relation to S, includes any goods over which S has or appears to have control.
7
The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.
85ABPower of search under section 85AA: supplementary
1
A person may carry out a search under section 85AA only if that person—
a
is the principal of the institution; or
b
has been authorised by the principal to carry out the search.
2
An authorisation for the purposes of subsection (1)(b) may be given in relation to—
a
searches under section 85AA generally;
b
a particular search under that section;
c
a particular description of searches under that section.
3
Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.
4
A search under section 85AA may be carried out only where—
a
the member of staff and S are on the premises of the institution; or
b
they are elsewhere and the member of staff has lawful control or charge of S.
5
A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.
6
A person carrying out a search of S under section 85AA—
a
may not require S to remove any clothing other than outer clothing;
b
must be of the same sex as S;
c
may carry out the search only in the presence of another member of staff; and
d
must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.
7
S's possessions may not be searched under section 85AA except in the presence of—
a
S; and
b
another member of staff.
8
In this section—
“member of the security staff”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities;
“outer clothing” means—
- a
any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
- b
a hat, shoes, boots, gloves or a scarf.
85ACPower to seize items found during search under section 85AA
1
A person carrying out a search under section 85AA may seize any of the following found in the course of the search—
a
anything which that person has reasonable grounds for suspecting is a prohibited item;
b
any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence,
but may not seize alcohol from S under this section where S is aged 18 or over.
2
A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.
3
A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.
4
A person who seizes a controlled drug under subsection (1)—
a
must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
b
may dispose of it if the person thinks that there is a good reason to do so.
5
A person who seizes a stolen article under subsection (1)—
a
must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
b
may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.
6
In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.
7
Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).
8
A person who, under subsection (1), seizes—
a
an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
b
an offensive weapon; or
c
anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;
must deliver it to a police constable as soon as reasonably practicable.
9
Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).
10
In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.
85ADSection 85AC: supplementary
1
The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
2
Subsection (3) applies where a person—
a
seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 85AC; and
b
proves that the seizure, retention or disposal was lawful.
3
That person is not liable in any proceedings in respect of—
a
the seizure, retention or disposal; or
b
any damage or loss which arises in consequence of it.
4
Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
5
Regulations under section 85AC(7) may make provision corresponding to any provision of this section.
2
In section 89 of the Further and Higher Education Act 1992 (c. 13) (regulations etc)—
a
in subsection (3) after “other than” insert “
one falling within subsection (3A) or
”
, and
b
after subsection (3) insert—
3A
A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
I293245Power of members of staff to search students for weapons: Wales
1
Section 85B of the Further and Higher Education Act 1992 (power to search further education students for weapons) is amended as follows.
2
At the end of the title insert “
: Wales
”
.
3
In subsection (1) after “an institution within the further education sector” insert “
in Wales
”
.
Recording and reporting use of force
246Recording and reporting the use of force in schools: England
After section 93 of the Education and Inspections Act 2006 (c. 40) (power of members of staff to use force) insert—
93ARecording and reporting the use of force by members of staff: England
1
The governing body of a school in England must ensure that a procedure is in place for—
a
recording each significant incident in which a member of the staff uses force on a pupil for whom education is being provided at the school (a “use of force incident”); and
b
reporting each use of force incident (except those where the pupil is aged 20 or over or provision made under subsection (5) applies) to each parent of the pupil as soon as practicable after the incident.
2
The governing body must take all reasonable steps to ensure that the procedure is complied with.
3
The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident.
4
In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection.
5
A procedure under subsection (1) must include provision to the effect—
a
that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and
b
that if it appears to R that there is no parent of the pupil to whom R could report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority F10... within whose area the pupil is ordinarily resident.
6
In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the pupil, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes.
7
In this section—
“governing body”, in relation to a school which is not a maintained school, means the proprietor of the school;
“maintained school” means—
- a
a community, foundation or voluntary school;
- b
a community or foundation special school;
- c
a maintained nursery school;
“parent”, in relation to a pupil, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the pupil under section 20 of the Children Act 1989.
247Recording and reporting the use of force in FE institutions: England
After section 85C of the Further and Higher Education Act 1992 (power of members of staff to use force) insert—
85DRecording and reporting the use of force by members of staff: England
1
The governing body of an institution within the further education sector in England must ensure that a procedure is in place for—
a
recording each significant incident in which a member of the staff uses force on a student at the institution (a “use of force incident”); and
b
reporting each use of force incident (except those where the student is aged 20 or over or provision made under subsection (5) applies) to each parent of the student as soon as practicable after the incident.
2
The governing body must take all reasonable steps to ensure that the procedure is complied with.
3
The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident.
4
In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection.
5
A procedure under subsection (1) must include provision to the effect—
a
that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the student; and
b
that if it appears to R that there is no parent of the student to whom R could report the incident without that being likely to result in significant harm to the student, R must report the incident to the local authority F11... within whose area the student is ordinarily resident.
6
In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the student, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes.
7
In this section, “parent”, in relation to a student, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the student under section 20 of the Children Act 1989.
School behaviour and attendance partnerships
F25248Co-operation with a view to promoting good behaviour, etc.: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Pupil referral units
S. 249 cross-heading substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(3), 82(3); S.I. 2012/84, art. 2
249F23Regulations about pupil referral units
F261
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F262
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2943
After paragraph 3 of Schedule 1 to the Education Act 1996 (c. 56) (short stay schools: further provision) insert—
3A
Regulations may also—
a
require a F18local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a short stay school;
b
confer a power on the Secretary of State to give directions to a F18local authority in England about the exercise of—
i
their functions under section 19;
ii
their functions under any enactment applied to short stay schools (with or without modifications) by regulations under paragraph 3;
iii
any other function connected with short stay schools;
c
require a F18local authority to comply with such directions.
Part 12Miscellaneous
Careers education
F116250Careers education in schools: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information about local authority expenditure
I14251Information about planned and actual expenditure
1
The Secretary of State may direct a local authority in England to provide information about its planned and actual expenditure in connection with—
a
its education functions;
b
its children's social services functions.
2
The Secretary of State may also direct a local authority in England to provide information about accountable resources held, received or expended by any person in relation to a school maintained by the authority.
3
Information to which a direction under this section relates must be provided in accordance with the direction.
4
A direction under this section may (in particular) include provision about—
a
the period to which information is to relate;
b
the form and manner in which information is to be provided;
c
the persons to whom information is to be provided;
d
the publication of information.
5
If a direction under this section requires information to be provided to a person other than the Secretary of State, the direction may also require that person to make the information available for inspection in accordance with the direction.
I15252Information about expenditure: supplementary
1
This section applies for the purposes of section 251.
F122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The children's social services functions of a local authority in England are—
a
functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children;
b
functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41), so far as not within paragraph (a);
c
functions conferred on the authority F13... under sections 10 to 12, 12C, 12D and 17A of the Children Act 2004 (c. 31).
4
“Accountable resources”, in relation to a school maintained by a local authority, means resources that are not provided by the authority F14in the exercise of its education functions, but in respect of which an obligation is imposed on the school's governing body by virtue of regulations under section 44 of the Education Act 2002 (c. 32) (accounts of maintained schools).
5
The Secretary of State may by order amend this section for one or more of the following purposes—
F16za
specifying additional functions which are to be treated as education functions
a
adding to the functions that are F15... children's social services functions;
b
removing or changing the description of functions that are education functions or children's social services functions.
6
I16253Information about expenditure: consequential amendments
1
The School Standards and Framework Act 1998 (c. 31) is amended as follows.
2
In section 52 (the title of which becomes “Financial statements: Wales”), in subsections (1) and (2) after “F18local authority” insert “
in Wales
”
.
3
Omit section 53 (certification of statements by Audit Commission).
F178Qualifications
S. 253A and preceding crossheading inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 79(1), 164(3)(f)
253AQualifications
1
A person in England may, in prescribed circumstances, provide student information of a prescribed description to—
a
the Secretary of State,
b
an information collator,
c
a prescribed person, or
d
a person falling within a prescribed category.
2
A person in Wales may, in prescribed circumstances, provide student information of a prescribed description to—
a
the Welsh Ministers,
b
an information collator,
c
a prescribed person, or
d
a person falling within a prescribed category.
3
In subsection (2) “prescribed” means prescribed in regulations made by the Welsh Ministers.
4
Subject to subsection (5)(a), information received under or by virtue of this section is not to be published in any form which identifies the individual to whom it relates.
5
This section—
a
does not affect any power to provide or publish information which exists apart from this section, and
b
is subject to any express restriction on the provision of information imposed by another enactment.
6
In this section—
“information collator” means any body which, for the purposes of or in connection with functions of the Secretary of State or the Welsh Ministers, is responsible for collating or checking information relating to regulated qualifications or relevant qualifications;
“regulated qualification” has the meaning given by section 130(1);
“relevant qualification” has the meaning given F267to “qualification” by section 56 of the Qualifications Wales Act 2015 ;
“student information” means information (whether obtained under this section or otherwise) relating to an individual who is seeking or has sought to obtain, or has obtained, a regulated qualification or a relevant qualification
Support for participation in education and training
I17254Provision of social security information for purposes of functions under Education and Skills Act 2008
1
The Education and Skills Act 2008 (c. 25) is amended as follows.
2
Omit section 15 (supply of social security information for purposes of Part 1).
3
Section 17 (sharing and use of information held for purposes of support services or functions under Part 1) is amended as follows.
4
In subsection (1), for “provide relevant information to each other” substitute
—
a
provide relevant information to each other;
b
make arrangements for the holding by either of them of information provided, or which could be provided, under paragraph (a).
5
In subsection (7), in the definition of “relevant information”, after paragraph (b), insert—
“but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999;”.
6
At the end add—
9
Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information.
7
Section 76 (supply of social security information for purposes of support services) is amended as follows.
8
Omit subsection (1).
9
For subsections (3) and (4) substitute—
3
For the purposes of subsection (2), “personal information” in relation to a young person, means the person's name, address and date of birth.
3A
The Secretary of State may make arrangements with a person for the supply of social security information for the purposes of the provision of services for young persons in pursuance of section 68 or 70(1)(b).
3B
Social security information may be supplied to—
a
the Secretary of State, or
b
a person providing services to the Secretary of State under subsection (3A).
3C
A person to whom social security information is supplied under subsection (3B) may supply the information to a F18local authority or other person involved in the provision of services for young persons or relevant young adults in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services.
3D
Information supplied to a person in reliance on subsection (3C) or this subsection may be supplied in accordance with, or with arrangements made under, section 17(1).
3E
Information supplied to a person in reliance on subsection (3B), (3C) or (3D) may be disclosed—
a
for the purpose of the provision of services in pursuance of section 68 or 70(1)(b),
b
for the purpose of enabling or assisting the exercise of any function of a F18local authority under Part 1,
c
in accordance with any provision of, or made under, any other Act,
d
in accordance with an order of a court or tribunal,
e
for the purpose of actual or contemplated proceedings before a court or tribunal,
f
with consent given by or on behalf of the person to whom the information relates, or
g
in such a way as to prevent the identification of the person to whom it relates.
4
It is an offence for a person to disclose restricted information otherwise than in accordance with this section.
4A
For the purposes of subsection (4), “restricted information”, in relation to a person, means information that was disclosed to the person—
a
in reliance on subsection (3B), (3C) or (3D), or
b
in circumstances that constitute an offence under this section.
I18255Provision of other information in connection with support services
1
The Education and Skills Act 2008 (c. 25) is amended as follows.
F1232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
After section 76 insert—
76ASupply of information by Secretary of State or person providing services
1
The Secretary of State may make arrangements with any other person for the holding and supply of information in connection with, or for the purposes of, the provision of services in pursuance of section 68 or 70(1)(b).
2
In this section “relevant information”, in relation to a person by whom services are provided under section 68 or 70(1)(b), means information which—
a
is obtained by a person involved in the provision of those services in, or in connection with, the provision of those services,
b
relates to a person for whom those services are provided;
but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999.
3
Relevant information may be supplied to—
a
the Secretary of State, or
b
a person providing services to the Secretary of State under this section.
4
Information supplied under subsection (3) may be supplied to any person involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purposes of the provision of those services.
5
Except as provided by subsection (4), information supplied in reliance on subsection (3) must not be disclosed in such a way that the identity of the individual is disclosed to, or capable of being discovered by, the person to whom it is disclosed.
6
Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information.
Further education corporations
I174256Further education corporations in England: co-operation and promotion of well-being
1
The Further and Higher Education Act 1992 (c. 13) is amended as follows.
2
In section 19 (supplementary powers of a further education corporation), after subsection (8) add—
9
A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
F563
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Student loans
I19257Student loans under the 1998 Act: IVAs
1
The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in subsections (2) and (3).
2
In section 22(3) (new arrangements for giving financial support to students), after paragraph (f) insert—
g
with respect to sums which a borrower receives, or is entitled to receive, under such a loan before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the borrower;
h
excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the borrower).
3
In section 46(8)
(provisions extending to Northern Ireland), in the entry relating to section 22, for “(3)(e) or (f)” substitute “
(3)(e), (f), (g) or (h)
”
.
4
Nothing in this section affects a voluntary arrangement that takes effect before this section comes into force.
I20258Student loans under the 1990 Act: IVAs and bankruptcy
1
Subsections (2) to (5) have effect in relation to the Education (Student Loans) Act 1990 (c. 6) to the extent that that Act continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998 (c. 30), by an order under section 46(4) of that Act.
2
In Schedule 2 (loans for students), in paragraph 5(1) for “or 310” substitute “
, 310 or 310A
”
.
3
In Schedule 2, after paragraph 5 insert—
5A
1
This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 takes effect in respect of the debtor.
2
The sum is to be ignored for the purposes of the voluntary arrangement.
5B
1
Part 8 of the Insolvency Act 1986 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications.
2
A student loan debt is to be treated as not included among the debtor's debts.
3
A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors.
4
A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan.
4
In Schedule 2, after paragraph 6 insert—
Insolvency: Northern Ireland
7
1
There shall not be treated as part of a bankrupt's estate or claimed for his estate under article 280 or 283 of the Insolvency (Northern Ireland) Order 1989 any sums to which this paragraph applies that the bankrupt receives or is entitled to receive after the commencement of the bankruptcy.
2
No debt or liability to which a bankrupt is or may become subject in respect of a sum to which this paragraph applies shall be included in the bankrupt's bankruptcy debts.
3
This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan payable to the bankrupt pursuant to an agreement entered into by the bankrupt before or after the commencement of the bankruptcy.
8
1
This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency (Northern Ireland) Order 1989 takes effect in respect of the debtor.
2
The sum is to be ignored for the purposes of the voluntary arrangement.
9
1
Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications.
2
A student loan debt is to be treated as not included among the debtor's debts.
3
A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors.
4
A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan.
5
In section 4, for subsection (4) (extent) substitute—
4
This Act does not extend to Northern Ireland, with the following exceptions—
a
section 1, so far as necessary for the purpose of defining “public sector student loan” and “subsidised private sector student loan”;
b
section 2;
c
as respects institutions in Northern Ireland, the power to make regulations under paragraph 2 of Schedule 2;
d
paragraphs 7 to 9 of Schedule 2.
6
Nothing in this section affects a voluntary arrangement that takes effect, or a bankruptcy that commences, before this section comes into force.
Foundation degrees: Wales
I302259Power to award foundation degrees: Wales
1
In section 76(1)(b) of the Further and Higher Education Act 1992 (c. 13) (power of Privy Council to specify further education institutions in England that may award foundation degrees) omit “in England”.
2
Within the period of four years beginning with the commencement of subsection (1) of this section, the Welsh Ministers must lay before the National Assembly for Wales a report about its effect.
Complaints: Wales
260Complaints: Wales
1
Section 29 of the Education Act 2002 (c. 32) (additional functions of governing body) is amended as follows.
2
In subsection (1) after “maintained school” insert “
in England
”
.
3
In subsection (2) for the words from “(in relation to England)” to the end substitute “
by the Secretary of State
”
.
4
After subsection (2) insert—
2A
The Welsh Ministers may make regulations establishing procedures in relation to relevant complaints.
2B
For the purposes of subsection (2A), a “relevant complaint” is a complaint which relates to a maintained school in Wales, or to the provision of facilities or services under section 27 by the governing body of such a school, other than a complaint which falls to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of a statutory provision other than this section.
2C
Where the Welsh Ministers establish procedures by regulations under subsection (2A), the governing body of a maintained school in Wales shall—
a
adopt the procedures, and
b
publicise them in the way specified in the regulations.
2D
In adopting or publicising procedures established by virtue of subsection (2A), the governing body shall have regard to any guidance given from time to time by the Welsh Ministers.
Local Government Act 1974
I21261Local Government Act 1974: minor amendment
In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (c. 7)
(exclusion of matters relating to teaching etc. in any school maintained by local authority), after “authority” insert “
, except so far as relating to special educational needs (within the meaning given by section 312 of the Education Act 1996)
”
.
Part 13General
262Orders and regulations
1
A power to make an order or regulations under Chapter 1 of Part 1, or Part 3 or 4 F260, or section 253A —
a
so far as exercisable by the Secretary of State, the Welsh Ministers or the Scottish Ministers, is exercisable by statutory instrument;
b
so far as exercisable by the Department for Employment and Learning in Northern Ireland, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
2
Any other power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument.
3
A power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act (except a power conferred by section 17, 22 or 269) includes power—
a
to make different provision for different purposes (including different areas);
b
to make provision generally or in relation to specific cases;
c
to make incidental, consequential, supplementary, transitional, transitory or saving provision.
F1243A
An order under section 83A(12) may amend, repeal or revoke any provision of, or in an instrument made under, this or any other Act.
F1254
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Subject to subsections (6) to (8), a statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Act (other than an order under section 269) is subject to annulment in pursuance of a resolution of either House of Parliament.
6
A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
F288za
the first regulations under section A9;
zb
the first regulations under section A10;
aa
regulations under section 1(5);
F340aza
regulations under section 40AA;
F289aaa
regulations under section 40B;
F300aab
regulations under section ZA5;
F126ab
an order under section 83A(12);
b
an order under section 88 or paragraph 9 of Schedule 5;
F127c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
an order under section 130(5);
e
an order under section 141(1);
F108ea
an order under section 151B(2);
F113f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
an order under section 252(5);
h
an order under section 265 which amends or repeals any provision of an Act.
7
Subsections (5) and (6) do not apply to a statutory instrument which contains only—
a
an order revoking an order under section 141(1), or
b
an order amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.
8
A statutory instrument within subsection (7) must be laid before Parliament.
9
Subject to subsection (10), a statutory instrument containing an order or regulations made by the Welsh Ministers under Chapter 1 of Part 1 (other than an order under section 10) or under section 68 F261, 107 or 253A is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
10
A statutory instrument which contains (whether alone or with other provision) regulations under section 2(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
11
A statutory instrument containing an order made by the Scottish Ministers under section 68 or 107 is subject to annulment in pursuance of a resolution of the Scottish Parliament.
12
A statutory rule containing an order made by the Department for Employment and Learning in Northern Ireland under section 68 or 107 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.
13
If a draft of an instrument containing an order under paragraph 9 of Schedule 5 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
263Directions
A direction given under this Act—
a
may be amended or revoked by the person or body by whom it is given;
b
may make different provision for different purposes.
264General interpretation of Act
1
In this Act, unless the context otherwise requires—
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.
2
Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.
3
The provisions are—
a
Parts 3, 4 and 5;
b
Parts 7 and 8;
c
Chapter 4 of Part 10;
d
sections 248, 251 and 252.
4
Section 562 of the Education Act 1996 (Act not to apply to certain persons detained under order of a court) does not apply to functions of the Secretary of State under Part 4.
5
If—
a
an expression is given a meaning for the purposes of a provision within subsection (3) (its “local meaning”), and
b
that meaning is different from the meaning given to it for the purposes of the Education Act 1996 (its “1996 Act meaning”),
the expression's local meaning applies instead of its 1996 Act meaning.
6
Unless the context otherwise requires, a reference in this Act to—
a
a community, foundation or voluntary school, or
b
a community or foundation special school,
is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).
265Power to make consequential and transitional provision etc.
1
The Secretary of State may by order make—
a
such supplementary, incidental or consequential provision, or
b
such transitory, transitional or saving provision,
as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.
2
An order under this section may in particular—
a
provide for any provision of this Act which comes into force before another provision made by or under this or any other Act has come into force to have effect, until that other provision has come into force, with specified modifications;
b
amend, repeal, revoke or otherwise modify any provision of—
i
an Act passed before or in the same Session as this Act, or
ii
an instrument made under an Act before the passing of this Act.
3
Nothing in this section limits the powers conferred by section 262(3)(c) or 269(8)(b).
4
The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by any other provision of this Act.
I22I99I175I309I351266Repeals and revocations
Schedule 16 contains repeals and revocations (including repeals and revocations of spent provisions).
267Financial provisions
1
There are to be paid out of money provided by Parliament—
a
any expenditure incurred by virtue of this Act by the Secretary of State,
b
any expenditure incurred by virtue of this Act by the Office of Qualifications and Examinations Regulation, and
c
any increase attributable to this Act in the sums payable by virtue of any other Act out of money provided by Parliament.
2
Any sums received by the Secretary of State by virtue of F262Chapter A1 of Part 1, section 78(3)(c), paragraph 18(3)(d) of Schedule 3 or paragraph 6(3)(d) of Schedule 4 are to be paid into the Consolidated Fund.
268Extent
1
This Act extends to England and Wales only, subject to subsections (2) to (4).
2
F290Section 40, Part 1A, sections 68, 69, 107, 108 and this Part also extend to Scotland.
3
F291Part 1A, sections 68, 70, 107, 109, Part 7, sections 257 and 258 and this Part also extend to Northern Ireland.
4
An amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.
269Commencement
1
This Part (except section 266) comes into force on the day on which this Act is passed.
2
The following provisions of this Act come into force at the end of two months beginning with the day on which this Act is passed—
a
section 58 (and the associated entries in Schedule 16);
b
sections 198 to 201.
3
The following provisions of this Act come into force on such day as the Welsh Ministers may by order appoint—
a
sections 2 and 7 to 10;
b
sections 11 and 12, so far as relating to Wales;
c
sections 18 to 22;
d
sections 28 to 31;
e
section 39, so far as relating to Wales;
f
sections 48 to 52, so far as relating to Wales;
g
paragraphs 54 to 56 of Schedule 6, so far as relating to Wales;
h
paragraphs 11, 13 and 27 of Schedule 12, so far as relating to Wales (and the associated entries in Schedule 16);
i
paragraphs 14 to 19 and 29 of Schedule 12 (and the associated entries in Schedule 16);
j
sections 174 and 192 so far as they relate to the paragraphs of Schedule 12 mentioned in paragraphs (h) and (i);
k
section 205 and Schedule 14;
l
section 259 (and the associated entry in Schedule 16);
m
section 260;
n
section 266, so far as it relates to the entries in Schedule 16 mentioned in paragraphs (h), (i) and (l).
4
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
F1285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Before making an order under subsection (4) bringing into force any provision of Part 7 which confers functions on the Office of Qualifications and Examinations Regulation in relation to Northern Ireland, the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.
7
The powers conferred by this section are exercisable by statutory instrument.
8
An order under this section may—
a
appoint different days for different purposes (including different areas);
b
contain transitional, transitory or saving provision in connection with the coming into force of this Act.
270Short title
1
This Act may be cited as the Apprenticeships, Skills, Children and Learning Act 2009.
2
This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).
Schedules
F295Schedule A1The Institute for Apprenticeships
Sch. A1 inserted (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 9; S.I. 2017/346, reg. 2(a)
Status
1
The IfA is to perform its functions on behalf of the Crown.
Membership
2
1
The IfA is to consist of—
a
a member appointed by the Secretary of State to chair the IfA (“the chair”);
b
the chief executive appointed in accordance with paragraph 5;
c
at least 4 and no more than 10 other members appointed by the Secretary of State.
2
The chair and members appointed under sub-paragraph (1)(c) are referred to in this Schedule as the “non-executive members”.
Tenure of non-executive members
3
1
The non-executive members hold and vacate office in accordance with the terms of their appointment.
2
Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.
3
A non-executive member must not be appointed for a term of more than five years.
4
A non-executive member may resign from office at any time by giving written notice to the Secretary of State.
5
The Secretary of State may remove a non-executive member from office on either of the following grounds—
a
inability or unfitness to carry out the duties of office;
b
absence from the IfA's meetings for a continuous period of more than 6 months without the IfA's permission.
6
The previous appointment of a person as a non-executive member does not affect the person's eligibility for re-appointment.
Remuneration of non-executive members
4
1
The IfA must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to its non-executive members.
2
The IfA must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a person who is or has been a non-executive member.
3
If a person ceases to be a non-executive member of the IfA and the Secretary of State decides that the person should be compensated because of special circumstances, the IfA must pay compensation to the person.
4
The amount of a payment under sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State.
5
Service as a non-executive member is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply (see Schedule 1 to that Act).
6
The IfA must 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 any increase attributable to the provision of pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 payable to or in respect of non-executive members in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
Chief executive and other staff
5
1
The first chief executive is to be appointed by the Secretary of State on conditions of service determined by the Secretary of State, after consulting the chair.
2
Subsequent chief executives are to be appointed by the IfA after consulting the Secretary of State.
3
The chief executive must not be appointed for a term of more than five years.
4
The previous appointment of a person as chief executive does not affect the person's eligibility for re-appointment.
5
The chief executive holds that office as a member of staff of the IfA.
6
The IfA may appoint other members of staff.
7
Service as a member of staff of the IfA is employment in the civil service of the State.
8
The following are to be determined by the IfA with the approval of the Secretary of State—
a
the number of members of staff of the IfA (in addition to the chief executive);
b
the conditions of service of staff of the IfA.
9
Sub-paragraph (8)(b) is subject to sub-paragraph (1).
Arrangements with Secretary of State
6
The Secretary of State and the IfA may enter into arrangements with each other for the provision to the IfA by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services.
Committees
7
1
The IfA may establish committees, and any committee established by the IfA may establish sub-committees.
2
The IfA may—
a
dissolve a sub-committee established under sub-paragraph (1), or
b
alter the purposes for which such a sub-committee is established.
3
In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “IfA committee”.
4
An IfA committee must include at least two persons who are members of the IfA or its staff.
5
The IfA may, with the approval of the Secretary of State, arrange for the payment of remuneration, allowances and expenses to any person who—
a
is a member of an IfA committee, but
b
is not a member of the IfA or its staff.
6
The IfA must, if directed to do so by the Secretary of State, review—
a
the structure of IfA committees, and
b
the scope of the activities of each IfA committee.
Procedure
8
1
The IfA may regulate—
a
its own proceedings (including quorum), and
b
the procedure (including quorum) of IfA committees.
2
The validity of proceedings of the IfA, or of an IfA committee, is not affected by—
a
a vacancy;
b
a defective appointment.
Exercise of functions
9
1
Subject to sub-paragraphs (2) and (3), the IfA may authorise any of the following to exercise functions on its behalf—
a
a member of the IfA;
b
a member of the IfA's staff;
c
an IfA committee;
d
any other person.
2
The IfA may not authorise any of the functions under sections F428ZA2A, A2, F359ZA10, ZA11, F429A2D2 to A2D9 and A2E to F430A2IB to be exercised on its behalf—
a
under sub-paragraph (1)(c), by a committee a majority of the members of which are not members of the IfA's staff, or
b
under sub-paragraph (1)(d).
3
The IfA may authorise the exercise on its behalf of functions that have been—
a
delegated to the IfA by directions under section ZA4, or
b
conferred on the IfA by regulations under section ZA5,
only if and to the extent that the directions or regulations so provide.
Supplementary powers
10
1
The IfA may—
a
provide information or advice to any person in connection with any of the IfA's functions;
b
co-operate or work jointly with any person where it is appropriate to do so for the efficient and effective performance of any of the IfA's functions;
c
carry out research for the purposes of, or in connection with, the IfA's functions;
F360ca
use, in the exercise of any of its functions, information obtained by it in the exercise of any of its other functions;
d
do anything else that the IfA considers necessary or appropriate for the purposes of, or in connection with, its functions.
2
The F361powers in sub-paragraph (1) are subject to any restrictions imposed by or under any provision of any Act.
3
The IfA may not borrow money.
4
The IfA may not, without the consent of the Secretary of State—
a
lend money,
b
form, participate in forming or invest in a company, or
c
form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993).
5
In sub-paragraph (4) the reference to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
Accounts and reports
11
1
The IfA must—
a
keep proper accounts and proper records in relation to its accounts, and
b
prepare in respect of each financial year a statement of accounts.
2
Each 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 such information is to be presented, or
c
the methods and principles according to which the statement is to be prepared.
3
The IfA must send a copy of each statement of accounts to—
a
the Secretary of State, and
b
the Comptroller and Auditor General,
before the end of the month of August following the financial year to which the statement relates.
4
The Comptroller and Auditor General must—
a
examine, certify and report on each statement of accounts, and
b
send a copy of each report and certified statement to the Secretary of State.
5
The Secretary of State must lay before Parliament—
a
a copy of each statement sent to the Secretary of State under sub-paragraph (3), and
b
a copy of each report and certified statement sent to the Secretary of State under sub-paragraph (4).
6
“Financial year” has the meaning given by section ZA6(6) (annual and other reports).
Application of seal and proof of documents
12
1
The application of the IfA's seal must be authenticated by the signature of—
a
the chief executive, or
b
a member of the IfA who has been authorised by the IfA for that purpose (whether generally or specifically).
2
A document purporting to be duly executed under the IfA's seal, or signed on its behalf—
a
is to be received in evidence, and
b
is to be treated as executed or signed in that way, unless the contrary is proved.
Funding
13
1
The Secretary of State may make grants to the IfA, or provide the IfA with any other kind of financial assistance, subject to any conditions that the Secretary of State considers appropriate.
2
The conditions may, in particular—
a
enable the Secretary of State to require full or partial repayment of sums paid by the Secretary of State if any of the conditions are not complied with;
b
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.
Schedule 1Employee study and training: minor and consequential amendments
Employment Rights Act 1996 (c. 18)
I2681
The Employment Rights Act 1996 is amended as follows.
I2692
In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “
, 47E or 47F
”
.
I2703
In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—
7BB
This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.
I2714
In section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—
gk
section 104E applies,
I2725
In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “
6A,
”
.
I2736
In section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “
6A,
”
.
I2747
In section 199 (mariners)—
a
in subsection (2), after “47E,” insert “
47F,
”
;
b
in that subsection, before “VII” insert “
6A,
”
;
c
in subsection (8)(d), before “VII” insert “
6A,
”
.
I2758
In section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—
4B
Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.
I2769
In section 227(1) (maximum amount of week's pay) before paragraph (za) insert—
zza
an award of compensation under section 63J(1)(b),
I27710
In section 235(1) (other definitions) at the appropriate place insert—
“section 63D application” has the meaning given by section 63D(2);
I27811
In section 236(3)
(orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “
63D, 63F(7),
”
.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
I27912
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
I28013
In section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—
a
before paragraph (za) insert—
zza
section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);
b
in paragraph (za) for “the Employment Rights Act 1996” substitute “
that Act
”
.
I28114
In section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—
a
for “or 104D” substitute “
, 104D or 104E
”
;
b
for “and pension scheme membership” substitute “
, pension scheme membership, and study and training
”
.
I28215
In section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—
a
for “or 104D” substitute “
, 104D or 104E
”
;
b
for “and pension scheme membership” substitute “
, pension scheme membership, and study and training
”
.
Employment Tribunals Act 1996 (c. 17)
I28316
In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “
63F(4), (5) or (6), 63I(1)(b),
”
.
Schedule 2F18Local authority functions: minor and consequential amendments
Education Act 1996 (c. 56)
I23I176I2951
The Education Act 1996 is amended as follows.
I1772
1
Section 13 (general responsibility for education) is amended as follows.
2
In subsection (1) after “secondary education” insert “
and, in the case of a F18local authority in England, further education,
”
.
3
After subsection (2) insert—
3
The reference in subsection (1) to further education is to further education for persons—
none
a
who are over compulsory school age but under 19, or
b
who are aged 19 or over but under 25 and are subject to learning difficulty assessment.
4
For the purposes of this Act a person is subject to learning difficulty assessment if—
a
a learning difficulty assessment has been conducted in respect of the person, or
b
arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made.
5
In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties).
6
For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).
I1783
For section 13A substitute—
13ADuty to promote high standards and fulfilment of potential
1
A F18local authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
a
promoting high standards,
b
ensuring fair access to opportunity for education and training, and
c
promoting the fulfilment of learning potential by every person to whom this subsection applies.
2
Subsection (1) applies to the following—
a
persons under the age of 20;
b
persons aged 20 or over but under 25 who are subject to learning difficulty assessment.
3
A F18local authority in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
a
promoting high standards, and
b
promoting the fulfilment of learning potential by every person to whom this subsection applies.
4
Subsection (3) applies to persons under the age of 20.
5
In this section—
“education” and “training” have the same meanings as in section 15ZA;
“relevant education function”, in relation to a F18local authority in England, means a function relating to the provision of education for—
- a
persons of compulsory school age (whether at school or otherwise);
- b
persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;
- c
persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;
“relevant education function”, in relation to a F18local authority in Wales, means a function relating to the provision of education for—
- a
persons of compulsory school age (whether at school or otherwise);
- b
persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;
- c
persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;
“relevant training function” means a function relating to the provision of training.
I1794
1
Section 15A (functions in respect of full-time education for 16 to 18 year olds) is amended as follows.
2
In subsection (1) after “F18local authority” insert “
in Wales
”
.
3
After subsection (1) insert—
1ZA
A F18local authority in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.
4
In subsection (1A) for “subsection (1)” substitute “
subsections (1) and (1ZA)
”
.
5
In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “
section 15ZA(6) and (7)
”
.
6
In the title for “Functions in respect of full-time education” substitute “
Powers in respect of education and training
”
.
I1805
In section 15B (functions in respect of education for persons over 19) in subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “
section 15ZA(6) and (7)
”
.
I2966
1
Section 312 (meaning of “special educational needs”, “learning difficulty” etc) is amended as follows.
2
In subsection (2) for the words from “subsection (3)” to “section 507B)” substitute “
subsections (3) and (3A)
”
.
3
After subsection (3) insert—
3A
Subsection (2) does not apply—
a
for the purposes of sections 15ZA, 15A, 15B and 507B, or
b
for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).
I24I1817
In section 496 (power of Secretary of State to prevent unreasonable exercise of functions) after subsection (4) (as inserted by section 221(1) of this Act) insert—
5
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
I25I1828
In section 497 (general default powers of Secretary of State) after subsection (5) (as inserted by section 221(2) of this Act) insert—
6
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
I26I1839
In section 497A (power of Secretary of State to secure proper performance of LEA's functions) at the end insert—
8
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
I2710
1
In the title of section 509AA, for “Provision” substitute “
F19Local authorities in England: provision
”
.
2
For the title of section 509AB substitute “
F19Local authorities in England: further provision about transport policy statements for persons of sixth form age
”
.
3
In the title of section 509A, for “Travel” substitute “
F19Local authorities in England: travel
”
.
F389I29711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I29812
In section 579(1) (general interpretation)—
a
in the definition of “prescribed”, after “ “prescribed”” insert “
(except in Chapter 5A)
”
;
b
in the definition of “regulations”, after “ “regulations”” insert “
(except in Chapter 5A)
”
.
I29913
In section 580 (index) insert the following entries at the appropriate places—
relevant young adult (in sections 508F, 508G and 508I)
section 508F(9)”;
“relevant youth accommodation
section 562(1A)”;
“subject to a detention order
section 562(1A)”;
“subject to learning difficulty assessment
section 13(4)
Education Act 2002 (c. 32)
I30014
In section 207(2) of the Education Act 2002 (recoupment: adjustment between F19local authorities), for “primary education and secondary education)” substitute
—
a
primary education;
b
secondary education;
c
education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).
F46Schedule 3The Young People's Learning Agency for England
Sch. 3 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2
F46Status
F461
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Membership
F462
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Tenure
F463
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Remuneration etc. of members
F464
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Staff
F465
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F466
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Committees
F467
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F468
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Procedure etc.
F469
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Delegation
F4611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Plans
F4613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Reports
F4614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Accounts
F4615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Documents
F4616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Funding
F4618
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Supplementary powers
F4619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Parliamentary Commissioner Act 1967 (c. 13)
F4620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46House of Commons Disqualification Act 1975 (c. 24)
F4621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Superannuation Act 1972 (c. 11)
F4622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179Schedule 4The Chief Executive of Skills Funding
Sch. 4 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 29
F179...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 5Learning aims for persons aged 19 or over
Part 1Qualifications to which Schedule applies
I1841
This paragraph applies to the following qualifications—
a
a specified qualification in literacy;
b
a specified qualification in numeracy;
F382ba
a specified qualification in making use of information technology;
c
a specified vocational qualification at level 2.
I1852
This paragraph applies to a specified qualification at level 3.
Part 2Power to specify
Power to specify
I1863
1
In paragraphs 1 and 2, a reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.
2
The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the F263Secretary of State of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer functions (which may include the exercise of a discretion) on the F263Secretary of State .
3
The regulations may make provision which applies subject to exceptions specified in the regulations.
4
In sub-paragraph (1) “regulated qualification” has the meaning given by section 130.
Power to specify qualification in literacy
I1874
The level of attainment in literacy demonstrated by a specified qualification in literacy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.
Power to specify qualification in numeracy
I1885
The level of attainment in numeracy demonstrated by a specified qualification in numeracy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.
F383Power to specify qualification in information technology
Sch. 5 para. 5A and cross-heading inserted (1.8.2020) by Digital Economy Act 2017 (c. 30), ss. 114(4), 118(6); S.I. 2020/70, reg. 2
5A
The level of attainment demonstrated by a specified qualification in making use of information technology must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.
Level 2
I1896
Level 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.
Level 3
I1907
Level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.
Advice and information
I1918
In forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—
F264a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F57... or
c
the Office of Qualifications and Examinations Regulation.
Power to amend
I1929
1
The Secretary of State may by order amend this Schedule so as to—
a
add a category of qualification to Part 1;
b
remove a category of qualification for the time being referred to in Part 1;
c
substitute a different qualification for a qualification for the time being referred to in Part 2;
d
make consequential amendments.
2
The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.
Schedule 6Dissolution of the Learning and Skills Council for England: minor and consequential amendments
Race Relations Act 1976 (c. 74)
F21I1931
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further and Higher Education Act 1992 (c. 13)
I1942
The Further and Higher Education Act 1992 is amended as follows.
3
F1521
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F582
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1503
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1954
In section 29(7A) (government and conduct of designated institutions)—
F59a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in paragraph (b), for “that Act” substitute “
the Learning and Skills Act 2000
”
.
I1965
In section 31(2A) (designated institutions conducted by companies)—
F60a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F153b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1976
In section 54(1) (duty to give information)—
a
for “the Learning and Skills Council for England” substitute “
the Chief Executive of Skills Funding
”
;
b
for “the council”, in both places where it occurs, substitute “
the Chief Executive
”
.
I1987
1
Section 56A (intervention: England) is amended as follows.
F612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (5)—
a
for the words from “If the” to “same time” substitute “
At the same time as doing one or more of those things the Chief Executive must
”
;
F63b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In subsection (6)—
F64a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in paragraph (c), for “as it thinks” substitute “
as the Chief Executive thinks
”
.
F656
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F667
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F478
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F479
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19912
In Schedule 4 (instruments and articles of government for further education corporations) in paragraph 1A—
F67a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in paragraph (b), for “that Act” substitute “
the Learning and Skills Act 2000
”
.
Education Act 1996 (c. 56)
I20013
In section 13(2)(a)
(general responsibility for education) for “Learning and Skills Council for England” substitute “
Chief Executive of Skills Funding
”
.
Learning and Skills Act 2000 (c. 21)
I20114
The Learning and Skills Act 2000 is amended as follows.
I20215
Omit section 1 (the Learning and Skills Council for England).
I20316
Omit section 2 (duties of Learning and Skills Council: education and training for persons aged 16 to 19).
I20417
Omit section 3 (duties of Learning and Skills Council: education and training for persons over 19).
I20518
Omit section 4 (encouragement of education and training).
I20619
Omit sections 4A to 4C (learning aims for persons aged 19 and over).
I20720
Omit section 5 (provision of financial resources).
I20821
Omit section 6 (financial resources: conditions).
I20922
Omit section 7 (funding of school sixth forms).
I21023
Omit section 8 (links between education and training and employment).
I21124
Omit section 9 (assessments and means tests).
I21225
Omit section 10 (qualifying accounts and arrangements).
I21326
Omit section 11 (further education: governors).
I21427
Omit section 11A (support schemes relating to education and training for persons aged 10 to 15).
I21528
Omit section 12 (research and information).
I21629
Omit section 13 (persons with learning difficulties).
I21730
Omit section 14 (equality of opportunity).
I21831
Omit section 14A (consultation).
I21932
Omit section 15 (plans).
I22033
Omit section 16 (strategy).
I22134
Omit section 17 (use of information by Learning and Skills Council).
I22235
Omit section 18 (supplementary functions).
I22336
Omit sections 18A to 18C (regional councils).
I22437
Omit sections 24A to 24C (strategies for functions of the Learning and Skills Council).
I22538
Omit section 25 (directions).
I22639
Omit section 26 (committees).
I22740
Omit section 27 (grants to Learning and Skills Council).
I22841
Omit section 28 (annual report).
I22942
Omit section 29 (Council's financial year).
I23043
Omit section 97 (external qualifications: persons over 19).
I23144
1
Section 98 (approved qualifications: England) is amended as follows.
2
In subsection (1), for “sections 96 and 97 in their application” substitute “
section 96 in its application
”
.
3
Omit subsection (2A).
F26845
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I23246
In section 100 (authorised bodies) for “sections 96 and 97 in their application”, in both places where the words occur, substitute “
section 96 in its application
”
.
I23347
In section 101 (enforcement: England) in subsection (1)—
a
for “sections 96 and 97 in their application” substitute “
section 96 in its application
”
;
b
after paragraph (a) insert “
or
”
;
c
omit paragraph (c) (and the word “or” before it).
F26948
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I23449
1
Section 113A (restructuring of sixth form education) is amended as follows.
2
Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).
3
In subsection (11)—
a
in the definition of “regulations” omit paragraph (a) (and the “and” after it);
b
in the definition of “relevant authority” omit paragraph (a) (and the “and” after it).
I23550
Omit Schedule 1 (the Learning and Skills Council for England).
I23651
Omit Schedule 1A (learning aims for persons aged 19 and over).
I23752
Omit Schedule 3 (committees (England)).
I23853
1
Schedule 7A (implementation of proposals for restructuring sixth form education) is amended as follows.
2
In paragraph 1, omit “approved or” and “approval or”, wherever occurring.
3
In paragraph 3(4), omit paragraph (a).
4
Omit paragraphs 5(1), 6(1) and 7(1) and (2).
Education Act 2002 (c. 32)
F4854
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4855
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4856
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 2005 (c. 18)
I23957
In section 108 of the Education Act 2005 (supply of information: education maintenance allowances), in subsection (3)—
a
in paragraph (b) for “Learning and Skills Council for England” substitute “
Chief Executive of Skills Funding
”
;
F68b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in paragraph (f) for the words from “the Secretary of State” to the end substitute “
a person within paragraphs (a) to (e)
”
.
Education and Inspections Act 2006 (c. 40)
I24058
The Education and Inspections Act 2006 is amended as follows.
I24159
Section 75 (education and training to satisfy entitlements) ceases to have effect.
Further Education and Training Act 2007 (c. 25)
I24260
The Further Education and Training Act 2007 is amended as follows.
I24361
Sections 11 to 13 (provision by Learning and Skills Council for England of services and assistance in respect of employment and training) cease to have effect.
I24462
Sections 14 to 16 (transfer of functions of Secretary of State in relation to further education corporations to the Learning and Skills Council for England) cease to have effect.
Schedule 7Learning and Skills Council for England: transfer schemes
Staff transfer schemes
I2451
The Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated employees of the LSC—
a
to a permitted transferee, or
b
so as to become employed in the civil service of the state.
I2462
1
This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state.
2
The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—
a
any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;
b
the transfer of the undertaking took effect on a designated date;
c
the transfer of the undertaking were a relevant transfer for the purposes of the regulations;
d
the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.
I2473
1
This paragraph applies where a staff transfer scheme provides for a transfer of an employee of the LSC so as to become employed in the civil service of the state on terms which do not constitute a contract of employment.
2
The scheme must provide for the TUPE regulations to apply with the necessary modifications.
I2484
A staff transfer scheme may provide for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state despite any provisions, of whatever nature, which would otherwise prevent the employee from being so transferred.
Property transfer schemes
I2495
1
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the LSC of designated property, rights or liabilities of the LSC to—
a
a permitted transferee,
b
the Secretary of State, or
c
the Chief Executive of Skills Funding.
2
A property transfer scheme may—
a
create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;
b
provide for anything done by or in relation to the LSC in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;
c
apportion property, rights and liabilities;
d
make provision about the continuation of legal proceedings.
3
The things that may be transferred by a property transfer scheme include—
a
property, rights and liabilities that could not otherwise be transferred;
b
property acquired, and rights and liabilities arising, after the making of the scheme.
Continuity
I2506
A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the LSC before the transfer takes effect.
Supplementary provision etc.
I2517
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
Interpretation
I2528
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;
“the LSC” means the Learning and Skills Council for England;
“permitted transferee” means—
- a
a F18local authority in England;
- b
the Young People's Learning Agency for England;
- c
any other person specified in an order made by the Secretary of State;
- a
“the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
Schedule 8Sixth form college sector
I28I2531
The Further and Higher Education Act 1992 (c. 13) is amended as follows.
I2542
In section 17(1)
(meaning of “further education corporation”) after “by virtue of section” insert “
33D or
”
.
I29I2553
After section 33 insert—
Sixth form college corporations: England
33AInitial designation of existing bodies corporate as sixth form college corporations
1
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
2
A body corporate is within this subsection if it is—
a
a further education corporation established in respect of an institution in England, or
b
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
3
On the date specified in the order—
a
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
b
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
c
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
4
An order under subsection (1) may—
a
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
b
make provision as to the initial name of the corporation as a sixth form college corporation.
5
The power conferred by subsection (1)—
a
is exercisable only once;
b
is not exercisable after the date specified in an order made by the Secretary of State.
33BSubsequent designation of existing bodies corporate as sixth form college corporations
1
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
2
A body corporate is within this subsection if it is—
a
a further education corporation established in respect of an institution in England, or
b
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
3
An order under subsection (1) may be made only if—
a
an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and
b
the institution is one within subsection (4).
4
An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
5
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
6
On the date specified in the order—
a
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
b
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
c
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
7
An order under subsection (1) may—
a
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
b
make provision as to the initial name of the corporation as a sixth form college corporation.
8
The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).
33CEstablishment of new bodies corporate as sixth form college corporations
1
The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.
2
An order under subsection (1) may be made only if—
a
a proposal relating to the order has been made by the responsible F18local authority and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and
b
it appears to the Secretary of State that the institution will when established be one within subsection (4).
3
The requirements are that—
a
the authority have published the proposal by the prescribed time and in the prescribed manner;
b
the proposal as published contained prescribed information;
c
the authority have considered any representations about the proposal made to them within the prescribed period.
4
An institution is within this subsection if—
a
the institution is in England, and
b
on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
5
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
6
An order under subsection (1)—
a
must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;
b
may make provision as to the initial name of the corporation as a sixth form college corporation.
33DConversion of sixth form college corporations into further education corporations
1
The Secretary of State may by order convert a sixth form college corporation into a further education corporation.
2
An order under subsection (1) may be made only if—
a
an application for the order has been made by the governing body of the relevant sixth form college, or
b
the Secretary of State is satisfied that it is no longer appropriate for the body to be a sixth form college corporation.
3
An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.
4
The Secretary of State must consult the governing body of the relevant sixth form college before making an order under subsection (1) in a case within subsection (2)(b).
5
On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.
6
An order under subsection (1) may—
a
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
b
make provision as to the initial name of the corporation as a further education corporation.
33EPrincipal powers of a sixth form college corporation
1
A sixth form college corporation may do any of the following—
a
provide further and higher education,
b
provide secondary education suitable to the requirements of persons who have attained the age of 14,
c
provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,
d
participate in the provision of secondary education at a school,
e
supply goods or services in connection with their provision of education.
2
The powers conferred by subsection (1) are referred to in section 33F as the corporation's principal powers.
3
A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such F19local authorities as they consider appropriate.
4
For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—
a
their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
b
the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
c
ideas of a person employed by them, or one of their students, arising out of their provision of education.
5
For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—
a
they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
b
they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
c
they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
33FSupplementary powers of a sixth form college corporation
1
A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
2
A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.
3
In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.
4
A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.
5
The facilities include—
a
boarding accommodation and recreational facilities for students and staff, and
b
facilities to meet the needs of students with learning difficulties.
6
A sixth form college corporation may—
a
acquire and dispose of land and other property,
b
enter into contracts, including in particular—
i
contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
ii
contracts with respect to the carrying on by the corporation of any such activities,
c
form, participate in forming or invest in a company,
d
form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993),
e
borrow such sums as the corporation think fit for the purposes of—
i
carrying on any activities they have power to carry on, or
ii
meeting any liability transferred to them under sections 23 to 27,
f
in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,
g
invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,
h
accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,
i
do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
7
The powers conferred by subsection (6) are subject to section 33G.
8
For the purposes of this section a person has a learning difficulty if—
a
the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
b
the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.
9
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
10
A reference in this section or section 33G to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
11
A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
33GFurther provision about supplementary powers
1
The power conferred by section 33F(6)(c) may not be exercised for the purpose of—
a
conducting an educational institution, or
b
investing in a company conducting an educational institution.
2
The power conferred by section 33F(6)(d) may not be exercised for the purpose of—
a
conducting an educational institution, or
b
becoming a member of a charitable incorporated organisation conducting an educational institution.
3
But a restriction on the exercise of a power imposed by subsection (1) or (2) does not apply to the extent that the responsible F18local authority consent to the exercise of the power in a way which does not comply with the restriction.
4
Neither the power conferred by section 33F(6)(c) nor the power conferred by section 33F(6)(d) may be exercised for the purposes of the provision of education if the provision is secured (wholly or partly) by financial resources provided by a relevant funding body.
5
But subsection (4) does not apply to the extent that the relevant funding body consents to the exercise of the power in question in a way which does not comply with the restriction in that subsection.
6
The power conferred on a sixth form college corporation by section 33F(6)(e) to borrow money may not be exercised without the consent of the responsible F18local authority.
7
Consent under subsection (6) may be given for particular borrowing or for borrowing of a particular class.
8
In this section “relevant funding body” means a F18local authority, the YPLA or the Chief Executive of Skills Funding.
33HDuty in relation to promotion of well-being of local area
1
In exercising their functions under sections 33E and 33F, a sixth form college corporation must have regard, amongst other things, to the objective of promoting the economic and social well-being of the local area.
2
In subsection (1)—
a
“the local area”, in relation to a sixth form college corporation, means the locality of the relevant sixth form college, and
b
a reference to the well-being of an area includes a reference to the well-being of people who live or work in that area.
33IConstitution of sixth form college corporation and conduct of sixth form college
1
For every sixth form college corporation there is to be—
a
an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
b
an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).
2
Instruments of government and articles of government—
a
must comply with the requirements of Schedule 4, and
b
may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.
3
Subsection (2) is subject to section 33J.
4
The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—
a
a vacancy among the members, or
b
a defect in the appointment or nomination of a member.
5
Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—
a
duly executed under the seal of the corporation, or
b
signed or executed by a person authorised by the corporation to act in that behalf.
6
The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.
33JSpecial provision for certain institutions
1
Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—
a
for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and
b
for the majority of members of the governing body of the relevant sixth form college to be such governors.
2
This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.
3
The reference in subsection (1)(a) to the established character of a sixth form college is, in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, a reference to the character which the sixth form college is intended to have on its establishment.
33KInstrument and articles of new sixth form college corporations
1
The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the YPLA.
2
Before making an instrument or articles for a sixth form college corporation under this section the YPLA must consult the corporation.
33LChanges to instruments and articles
1
The YPLA may—
a
if a sixth form college corporation submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as it thinks fit, and
b
if a sixth form college corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in terms of the draft or in such terms as it thinks fit.
2
The YPLA may not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless it has consulted the corporation.
3
The YPLA may by order modify, replace or revoke an instrument of government or articles of government of a sixth form college corporation.
4
An order under subsection (3)—
a
may relate to all sixth form college corporations, to a category of sixth form college corporations specified in the order or to a sixth form college corporation specified in the order, but
b
may not be made unless the YPLA has consulted each sixth form college corporation to which the order relates.
5
A sixth form college corporation may, with the consent of the YPLA—
a
make new articles of government in place of their existing articles, or
b
modify their existing articles.
6
The YPLA may by a direction under this section require sixth form college corporations, a class of sixth form college corporations specified in the direction or any particular sixth form college corporation specified in the direction—
a
to modify, replace or revoke their articles of government in any manner specified in the direction, or
b
to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked in any manner specified in the direction.
7
Before giving a direction under this section the YPLA must consult the sixth form college corporation or (as the case may be) each sixth form college corporation to which the direction applies.
33MCharitable status of a sixth form college corporation
A sixth form college corporation is a charity within the meaning of the Charities Act 1993.
33NDissolution of sixth form college corporations
1
Subject to the following provisions of this section, the Secretary of State may by order provide for—
a
the dissolution of a sixth form college corporation, and
b
the transfer to a person mentioned in subsection (4) or (6) of property, rights and liabilities of the corporation.
2
An order under subsection (1) may be made only if a proposal relating to the order has been made by the responsible F18local authority and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal.
3
The requirements are that—
a
the authority have published the proposal by the prescribed time and in the prescribed manner;
b
the proposal as published contained prescribed information;
c
the authority have considered any representations about the proposal made to them within the prescribed period.
4
Property, rights and liabilities may (subject to subsection (5)) be transferred to—
a
a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description, or
b
a body corporate established for purposes which include the provision of such facilities or services.
5
Property, rights and liabilities may be transferred to a person or body under subsection (4) only with the consent of the person or body.
6
Property, rights and liabilities may be transferred to the responsible F18local authority.
7
Where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes, any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
8
An order under this section may make provision about the transfer of staff (including provision applying section 26 with such modifications as the Secretary of State may consider necessary or desirable).
9
Before making an order under this section in respect of a sixth form college corporation the Secretary of State must consult—
a
the corporation, and
b
the YPLA.
10
In this section “charity” and “charitable purposes” have the same meanings as in the Charities Act 1993.
I2564
In section 34(1)
(making additional property available for use) after “institution within the further education sector” insert “
other than a sixth form college
”
.
I2575
In section 52A(1) (duty to safeguard pupils receiving secondary education) after “by virtue of section 18(1)(aa) or (ab) of this Act,” insert—
aa
by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act,
I2586
In section 56A(1)
(intervention: England) after “institution in England within the further education sector” insert “
other than a sixth form college
”
.
F697
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2598
After section 56D (inserted by Schedule 6) insert—
56EIntervention by F19local authorities: sixth form colleges
1
This section applies in relation to a sixth form college if the responsible F18local authority are satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.
2
The matters are—
a
that the sixth form college's affairs have been or are being mismanaged by its governing body;
b
that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
c
that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
d
that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.
3
If this section applies the authority may do one or more of the things listed in subsection (6).
4
Before doing one or more of those things, the authority must give the Secretary of State and the YPLA a notice stating—
a
the matter or matters listed in subsection (2) as to which the authority are satisfied;
b
the reasons why the authority are so satisfied;
c
the thing or things that the authority propose to do;
d
the reasons why the authority propose to do that thing or those things.
5
If the authority do one or more of those things, the authority must at the same time give the sixth form college's governing body a notice stating—
a
the matter or matters listed in subsection (2) as to which the authority are satisfied;
b
the reasons why the authority have decided to do that thing or those things.
6
The authority may—
a
remove all or any of the members of the sixth form college's governing body;
b
appoint new members of that body if there are vacancies (however arising);
c
give to that body such directions as the authority think expedient as to the exercise of the body's powers and performance of the body's duties.
7
The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
8
Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
9
The authority may not direct a governing body under subsection (6)(c) to dismiss a member of staff.
10
But subsection (9) does not prevent the authority, where the authority consider that it may be appropriate to dismiss a member of staff whom the governing body have power under the governing body's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.
11
A governing body must comply with any directions given to them under this section.
12
An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.
56FAppointment by F19local authorities of members of sixth form college governing body
1
The responsible F18local authority for a sixth form college may appoint a person to be a member of the governing body of the sixth form college.
2
But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.
3
Before exercising the power conferred by subsection (1) in relation to a governing body, the responsible F18local authority must consult the governing body.
4
A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the responsible F18local authority under this section.
5
“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.
56GIntervention policy: sixth form colleges
1
The YPLA must—
a
prepare a statement of the policy to be followed by F19local authorities with respect to the exercise of their powers under section 56E,
b
keep the statement under review, and
c
if it considers it appropriate in consequence of a review, prepare a revised statement.
2
When preparing a statement or revised statement, the YPLA must—
a
undertake such consultation as it thinks appropriate;
b
consider any representations made to it about the policy to be set out in the statement.
3
Guidance given to the YPLA under section 76 of the Apprenticeships, Skills, Children and Learning Act 2009 in connection with the performance of its functions under this section may, in particular, relate to the form and content of the policy to be set out in a statement or revised statement.
4
The YPLA must send a copy of the statement or revised statement prepared by it to the Secretary of State.
5
If the Secretary of State approves it the Secretary of State must lay a copy of it before each House of Parliament.
6
The YPLA must publish—
a
the statement of its policy approved by the Secretary of State;
b
where the Secretary of State approves a revised statement of its policy, the revised statement.
7
A F18local authority must have regard to the statement most recently published under subsection (6) in exercising, or deciding whether to exercise, any of their powers under section 56E in relation to a sixth form college.
56HIntervention by YPLA
1
This section applies if—
a
the YPLA proposes to secure the provision of education or training at a sixth form college in the exercise of the power conferred by section 66 of the Apprenticeships, Skills, Children and Learning Act 2009, and
b
the YPLA is satisfied—
i
as to one or more of the matters listed in section 56E(2) in relation to the sixth form college, and
ii
that the circumstances are such that it would be appropriate for the responsible F18local authority to do one or more of the things listed in section 56E(6) in relation to the sixth form college.
2
If this section applies the YPLA may do one or more of the things listed in subsection (5).
3
Before doing one or more of those things, the YPLA must give the Secretary of State a notice stating—
a
the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;
b
the reasons why the YPLA is so satisfied;
c
the thing or things that the YPLA proposes to do;
d
the reasons why the YPLA proposes to do that thing or those things.
4
If the YPLA does one or more of those things, it must at the same time give the sixth form college's governing body a notice stating—
a
the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;
b
the reasons why the YPLA has decided to do that thing or those things.
5
The YPLA may—
a
remove all or any of the members of the sixth form college's governing body;
b
appoint new members of that body if there are vacancies (however arising);
c
give to that body such directions as the YPLA thinks expedient as to the exercise of the body's powers and performance of the body's duties.
6
The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
7
Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
8
The YPLA may not direct a governing body under subsection (5)(c) to dismiss a member of staff.
9
But subsection (8) does not prevent the YPLA, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power to dismiss under their articles of government, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.
10
A governing body must comply with any directions given to them under this section.
11
An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.
56IAppointment by YPLA of members of sixth form college governing body
1
The YPLA may appoint a person to be a member of the governing body of a sixth form college.
2
But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.
3
Before exercising the power conferred by subsection (1) in relation to a governing body, the YPLA must consult the governing body.
4
A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the YPLA under this section.
5
“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.
56JNotification by Chief Executive of Skills Funding of possible grounds for intervention
1
This section applies if the Chief Executive of Skills Funding is of the view that any of the matters listed in section 56E(2) applies in relation to a sixth form college.
2
The Chief Executive must notify the responsible F18local authority and the YPLA of that view.
3
The responsible F18local authority must have regard to the Chief Executive's view in deciding whether to exercise their powers under section 56E.
4
The YPLA must have regard to the Chief Executive's view in deciding whether to exercise its powers under section 56H.
I2609
In section 88(1)
(stamp duty) after “32,” insert “
33N,
”
.
I26110
In section 88A(1)
(stamp duty land tax) after “32” insert “
, 33N
”
.
I30I26211
1
Section 89 (orders, regulations and directions) is amended as follows.
2
In subsection (2)—
a
after “30(2)(b),” insert “
33A(5)(b),
”
;
b
after “those sections” insert “
or section 33L
”
.
F703
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
For subsection (5) substitute—
5
Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a F18local authority under that Act.
I3112
1
Section 90(1) (interpretation) is amended as follows.
2
In paragraph (a) of the definition of “governing body” after “further education corporation” insert “
, a sixth form college corporation
”
.
3
At the end insert—
“the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,
“the responsible F18local authority”—
a
in relation to a proposal relating to the establishment of a sixth form college corporation, means the F18local authority in whose area the relevant sixth form college, or its main site, is proposed to be situated;
b
in relation to a sixth form college corporation, means the F18local authority in whose area the relevant sixth form college, or its main site, is situated;
c
in relation to a sixth form college, means the F18local authority in whose area the sixth form college, or its main site, is situated,
“sixth form college corporation” means a body corporate—
a
designated as a sixth form college corporation under section 33A or 33B, or
b
established under section 33C,
“the YPLA” means the Young People's Learning Agency for England.
4
After subsection (2) insert—
2ZA
The Secretary of State may give guidance on which of a sixth form college's sites is to be taken to be its main site for the purposes of the definition of “the responsible F18local authority” in subsection (1).
I3213
1
Section 91 (interpretation of Education Acts) is amended as follows.
2
In subsection (3) (institutions within the further education sector) after paragraph (b) insert
and
c
sixth form colleges,
3
After subsection (3) insert—
3A
References to sixth form colleges are to institutions conducted by sixth form college corporations.
I3314
In section 92 (index) at the appropriate places insert—
relevant sixth form college
section 90(1)”
“responsible F18local authority
section 90(1)”
“sixth form college
section 91(3A)”
“sixth form college corporation
section 90(1)”
“the YPLA
section 90(1)
I26315
1
Schedule 4 (instruments and articles of government for further education corporations) is amended as follows.
2
For paragraph 1 substitute—
1
In this Schedule—
“instrument” means an instrument of government or articles of government;
“the institution” means—
- a
in the case of a further education corporation, the institution which the corporation is established to conduct;
- b
in the case of a sixth form college corporation, the relevant sixth form college.
3
In paragraph 1A, after “appointment of members” insert “
of a further education corporation
”
.
4
After paragraph 1A insert—
1B
Provision made by an instrument under this Schedule in relation to the appointment of members of a sixth form college corporation must take into account the members who may be appointed by—
a
the responsible F18local authority under section 56F;
b
the YPLA under section 56I.
5
In paragraph 2(1) after “further education corporation” insert “
or sixth form college corporation
”
.
6
In the title, after “further education corporations” insert “
and sixth form college corporations
”
.
Schedule 9The Office of Qualifications and Examinations Regulation
Status
I1001
Ofqual is to perform its functions on behalf of the Crown.
Membership
I1012
1
Ofqual is to consist of—
F73za
a member appointed by Her Majesty by Order in Council as the chief executive of Ofqual,
a
a member appointed by F71the Secretary of State to chair Ofqual (“the chair”), and
b
between 7 and 12 members appointed by the Secretary of State (the “ordinary members”), F72...
F72c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The person appointed by Her Majesty F74as the chief executive of Ofqual is to be known as the Chief Regulator of Qualifications and Examinations (“the Chief Regulator”).
3
Ofqual may appoint one of the ordinary members as deputy to the F75chair (“the deputy”).
4
Before appointing a person as an ordinary member, the Secretary of State must consult the F75chair or the deputy (subject to sub-paragraph (6)).
5
The Secretary of State may consult the deputy instead of the F75chair only if satisfied that—
a
it is not practicable to consult the F75chair , and
b
it is necessary to make the appointment before it would be practicable to do so.
6
The Secretary of State may appoint a person as an ordinary member without consulting either the F75chair or the deputy if satisfied that—
a
it is not practicable to consult either of those persons, and
b
it is necessary to make the appointment before it would be practicable to do so.
F2837
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Chief Regulator
I1023
1
The Chief Regulator holds and vacates office in accordance with the terms of the appointment.
2
Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.
3
The Chief Regulator must not be appointed for a term of more than 5 years.
4
The Chief Regulator may resign from office at any time by giving written notice to the Secretary of State.
5
Her Majesty may remove the Chief Regulator from office on either of the following grounds—
a
inability or unfitness to carry out the duties of office;
b
absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.
6
The previous appointment of a person as F76the chief executive of Ofqual (whether before or after the relevant commencement date) does not affect the person's eligibility for re-appointment.
F777
“The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.
F99The chair
Sch. 9 para. 3A and heading inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 4; S.I. 2012/924, art. 2
3A
1
The chair holds and vacates office in accordance with the terms of the appointment.
2
Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.
3
The chair must not be appointed for a term of more than 5 years.
4
The chair may resign from office at any time by giving written notice to the Secretary of State.
5
The Secretary of State may remove the chair from office on either of the following grounds—
a
inability or unfitness to carry out the duties of the office;
b
absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.
6
The previous appointment of a person to chair Ofqual (whether before or after the relevant commencement date) does not affect the person's eligibility for re-appointment.
7
“The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.
The deputy and other ordinary members: tenure
I1034
1
The deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.
2
An ordinary member must not be appointed for a term of more than 5 years.
3
The deputy may resign from office at any time by giving written notice to Ofqual.
4
The ordinary members may resign from office at any time by giving written notice to the Secretary of State
5
Ofqual may remove the deputy from office if Ofqual thinks it appropriate to do so.
6
The Secretary of State may remove an ordinary member from office on either of the following grounds—
a
inability or unfitness to carry out the duties of office;
b
absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.
7
Before removing an ordinary member from office, the Secretary of State must consult the F78chair or the deputy (subject to sub-paragraph (9)).
8
The Secretary of State may consult the deputy instead of the F78chair only if—
a
the ordinary member to be removed from office is not the deputy, and
b
the Secretary of State is satisfied that—
i
it is not practicable to consult the F78chair , and
ii
it is necessary to remove the ordinary member from office before it would be practicable to do so.
9
The Secretary of State may remove an ordinary member from office without consulting either the F78chair or the deputy if satisfied that—
a
if the ordinary member to be removed from office is the deputy, sub-paragraph (10) applies;
b
in any other case, sub-paragraph (11) applies.
10
This sub-paragraph applies if—
a
it is not practicable to consult the F78chair , and
b
it is necessary to remove the ordinary member from office before it would be practicable to do so.
11
This sub-paragraph applies if—
a
it is not practicable to consult either the F78chair or the deputy, and
b
it is necessary to remove the ordinary member from office before it would be practicable to do so.
F28412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
The previous appointment of a person as the deputy or another ordinary member does not affect the person's eligibility for re-appointment.
14
If the deputy ceases to be an ordinary member, the person also ceases to be the deputy.
Remuneration etc. of F50members
Word in Sch. 9 para. 5 heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 6; S.I. 2012/924, art. 2
I1045
1
Ofqual must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to the F79members of Ofqual .
2
Ofqual must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a F80person who is or has been the chair or an ordinary member.
3
If a person ceases to be F81a member of Ofqual and the Secretary of State decides that the person should be compensated because of special circumstances, Ofqual must pay compensation to the person.
4
The amount of a payment under F82sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State.
F835
Service as the Chief Regulator is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply.
6
Ofqual must 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 any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
F49Staff
Sch. 9 para. 6 heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 8; S.I. 2012/924, art. 2
I1056
F841
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F842
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F843
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Ofqual may appoint F85... members of staff.
5
The following are to be determined by Ofqual with the approval of the Secretary of State—
a
the number of F86... members of staff of Ofqual;
b
their conditions of service.
Committees
I1067
1
Ofqual may establish committees, and any committee established by Ofqual may establish sub-committees.
2
Ofqual may—
a
dissolve a sub-committee established under sub-paragraph (1), or
b
alter the purposes for which such a sub-committee is established.
3
In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “Ofqual committee”.
4
An Ofqual committee must include at least one member of Ofqual or Ofqual's staff.
5
Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—
a
is a member of an Ofqual committee, but
b
is not a member of Ofqual or Ofqual's staff.
6
Ofqual must at least once in any 5 year period review—
a
the structure of Ofqual committees, and
b
the scope of each Ofqual committee's activities.
7
The first review under sub-paragraph (6) must be completed not later than the day which is the end of the period of 5 years beginning with the day on which section 127 comes into force.
I1078
1
Ofqual and any other person may establish a committee jointly.
2
In this Schedule a committee established under sub-paragraph (1) is referred to as a “joint committee”.
3
A joint committee may establish sub-committees.
4
In this Schedule a sub-committee established under sub-paragraph (3) is referred to as a “joint sub-committee”.
5
A joint committee and a joint sub-committee must include at least one member of Ofqual or Ofqual's staff.
6
Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—
a
is a member of a joint committee or a joint sub-committee, but
b
is not a member of Ofqual or Ofqual's staff.
Procedure etc.
I1089
1
Ofqual may regulate—
a
its own proceedings (including quorum), and
b
the procedure (including quorum) of Ofqual committees.
2
A joint committee may regulate—
a
its own procedure (including quorum), and
b
the procedure (including quorum) of any sub-committee established by it.
3
The validity of proceedings of Ofqual, or of an Ofqual committee, a joint committee or joint sub-committee is not affected by—
a
a vacancy;
b
a defective appointment.
Delegation
I10910
1
Ofqual may delegate any of its functions to—
a
a member of Ofqual or Ofqual's staff;
b
a committee established by Ofqual;
c
a joint committee.
2
A function is delegated under this paragraph to the extent and on the terms that Ofqual determines.
I11011
1
A committee established by Ofqual or a joint committee may delegate any of its functions to a sub-committee established by it.
2
A function is delegated under this paragraph to the extent and on the terms that the committee determines.
3
The power of a committee established by Ofqual to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to Ofqual's powers to direct what a committee established by it may and may not do.
4
The power of a joint committee to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the power of Ofqual and any other person with whom Ofqual established the joint committee to direct (acting jointly) what the committee may and may not do.
Documents
I11112
The application of Ofqual's seal is authenticated by the signatures of—
a
two members of Ofqual, or
b
one member of Ofqual and another person who has been authorised (generally or specifically) for that purpose by Ofqual.
I11213
The Documentary Evidence Act 1868 (c. 37) has effect in relation to Ofqual as if—
a
Ofqual were included in the first column of the Schedule to that Act,
b
any member or other person authorised to act on Ofqual's behalf were mentioned in the second column of that Schedule, and
c
the regulations referred to in that Act included any document issued by Ofqual or under its authority.
Supplementary powers
I11314
1
Ofqual may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions.
2
The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.
3
Ofqual may not lend money.
F100Schedule 10QCA: transfer schemes
Sch. 10 repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 24; S.I. 2012/924, art. 2
F100Staff transfer schemes
F1001
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100Property transfer schemes
F1002
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100Continuity
F1003
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100Supplementary provision etc.
F1004
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100Interpretation
F1005
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Schedule 11The Qualifications and Curriculum Development Agency
Sch. 11 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2
F101Status
F1011
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Membership
F1012
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Chief officer
F1013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Chair and chief officer: division of functions
F1014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Tenure
F1015
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Remuneration etc. of ordinary members
F1016
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Staff
F1017
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1018
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Committees
F1019
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Procedure etc.
F10111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Delegation
F10113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Reports
F10116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Accounts
F10117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Documents
F10118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Funding
F10120
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101Supplementary powers
F10121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 12Ofqual and the QCDA: minor and consequential amendments
Public Records Act 1958 (c. 51)
F871
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parliamentary Commissioner Act 1967 (c. 13)
I1142
1
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.
2
At the appropriate place insert— “
Office of Qualifications and Examinations Regulation.
”
F883
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Authorities (Goods and Services) Act 1970 (c. 39)
F893
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Superannuation Act 1972 (c. 11)
F904
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House of Commons Disqualification Act 1975 (c. 24)
I1155
1
Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) is amended as follows.
F912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
At the appropriate place insert— “
The Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration.
”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
I1166
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “
The Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration.
”
Race Relations Act 1976 (c. 74)
F20I1177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charities Act 1993 (c. 10)
F458
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 1996 (c. 56)
I1189
The Education Act 1996 is amended as follows.
F9210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I119I30511
1
Section 408 (provision of information) is amended as follows.
2
In subsection (1)(a) after “2002” insert “
or the provisions of Parts 7 and 8 of the Apprenticeships, Skills, Children and Learning Act 2009
”
.
3
In subsection (2)(e)—
a
for “external” substitute “
relevant
”
;
b
after “2000)” insert “
which are approved under section 98 or 99 of that Act
”
.
Education Act 1997 (c. 44)
I12012
The Education Act 1997 is amended as follows.
I121I30613
Sections 21 to 26A (the Qualifications and Curriculum Authority) cease to have effect.
I30814
In section 29 (functions of the Welsh Ministers in relation to curriculum and assessment) for subsection (5) substitute—
5
In this section—
“assessment” includes examination and test;
“funded nursery education” has the meaning given by section 98 of the Education Act 2002;
“maintained school” means—
- a
any community, foundation or voluntary school, and
- b
any community or foundation special school.
6
In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community or foundation special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.
F27015
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I35316
1
Section 32 (supplementary provisions relating to discharge by the Welsh Ministers of their functions) is amended as follows.
2
In subsection (1)(c)—
a
in sub-paragraph (ii) before “requirements” insert “ reasonable ”;
b
for sub-paragraph (iii) substitute—
iii
the reasonable requirements of persons with learning difficulties.
F2713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Omit subsection (4A).
5
For subsection (6) substitute—
6
In this section “persons with learning difficulties” means—
a
children with special educational needs (as defined in section 312 of the Education Act 1996), and
b
other persons who—
i
have a significantly greater difficulty in learning than the majority of persons of their age, or
ii
have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.
7
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
F26517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26519
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I12221
Section 36 (levy on bodies awarding qualifications accredited by relevant body) ceases to have effect.
I12322
In section 54(1) (orders and regulations) omit “, except an order under section 25 or 31,”.
I12423
In section 58(6) (short title, commencement and extent etc)—
a
omit the entries for—
i
sections 21 and 22,
ii
section 24(4), (6) and (7),
iii
sections 26 and 26A, and
iv
Schedule 4;
b
for “34 to 36” substitute “
35
”
.
I12524
Schedule 4 (the Qualifications and Curriculum Authority) ceases to have effect.
I12625
In Schedule 7 (minor and consequential amendments) omit paragraph 2.
Learning and Skills Act 2000 (c. 21)
I12726
The Learning and Skills Act 2000 is amended as follows.
I128I30727
1
Section 96 (external qualifications: persons under 19) is amended as follows.
2
In subsection (1)(b) for “an external qualification” substitute “
a relevant qualification
”
.
3
In subsection (2) for “external” substitute “
relevant
”
.
4
For subsections (5) to (7) substitute—
5
In this section “a relevant qualification”—
a
in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;
b
in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.
I12928
1
Section 98 (approved qualifications: England) is amended as follows.
2
Before subsection (3) insert—
2B
A qualification may be approved only if—
a
the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or
b
the Office of Qualifications and Examinations Regulation is consulted before the approval is given.
2C
The conditions are that—
a
the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and
b
if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.
F943
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27229
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Freedom of Information Act 2000 (c. 36)
F9530
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 2002 (c. 32)
I13031
The Education Act 2002 is amended as follows.
I13132
1
Section 76 (interpretation of Part 6) is amended as follows.
2
At the beginning insert “
(1)
”
.
3
In the definition of “assess” omit “examine and”.
4
In the definition of “assessment arrangements” for the words from “for the purpose” to the end substitute “
for the specified purposes
”
.
5
At the end insert—
2
In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—
a
the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and
b
such other purposes as the Secretary of State may by order specify.
F9633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9734
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I13235
1
Section 87 (establishment of the National Curriculum for England by order) is amended as follows.
2
In subsection (5) for “published as specified” substitute “
published by a person, and in the manner, specified
”
.
3
In subsection (7)—
a
omit the “and” at the end of paragraph (a);
b
after paragraph (b) insert—
c
the Qualifications and Curriculum Development Agency, and
d
any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,
4
Omit subsection (9).
5
In subsection (10) for the words before paragraph (a) substitute “The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—”.
6
For subsection (11) substitute—
11
An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
12
In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
13
An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
14
Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.
I13336
1
Section 90 (development work and experiments) is amended as follows.
F982
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In subsection (5) for the words from “to the” to the end substitute “on any matters specified by the Secretary of State to—
a
the Secretary of State, or
b
the reviewing body.”
4
After subsection (5) insert—
5A
If required by the Secretary of State to do so the reviewing body shall keep under review development work or experiments carried out following a direction given under subsection (1).
5B
In this section “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.
5C
A designation under subsection (5B) may make different provision for different purposes.
F4137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Childcare Act 2006 (c. 21)
I13438
The Childcare Act 2006 is amended as follows.
I13539
1
Section 41 (the learning and development requirements) is amended as follows.
2
In subsection (2)(c) for the words from “for the purpose” to “early learning goals” substitute “
for the specified purposes
”
.
3
After subsection (4) insert—
4A
In subsection (2)(c) “the specified purposes” means—
a
the purpose of ascertaining what children have achieved in relation to the early learning goals, and
b
such other purposes as the Secretary of State may by order specify.
I13640
1
Section 42 (further provisions about assessment arrangements) is amended as follows.
2
In subsection (2)—
a
omit the “and” at the end of paragraph (b);
b
after paragraph (c) insert—
d
the Qualifications and Curriculum Development Agency, and
e
any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.
3
Omit subsection (4).
4
In subsection (5) for the words before paragraph (a) substitute “
The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—
”
.
5
For subsection (6) substitute—
6
A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
6A
In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
6B
A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
6C
Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.
I13741
In section 44(1)
(instruments specifying learning and development or welfare requirements) for “published as specified” substitute “
published by a person, and in the manner, specified
”
.
I13842
In section 46 (power to enable exemptions from learning and development requirements to be conferred) after subsection (1) insert—
1A
Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.
1B
If required by the Secretary of State to do so the reviewing body must keep under review the effect of a direction given under regulations made under subsection (1).
1C
In subsection (1B) “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.
1D
A designation under subsection (1C) may make different provision for different purposes.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
F13243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 13Powers in relation to schools causing concern: England
I341
Part 4 of the Education and Inspections Act 2006 (c. 40) (schools causing concern: England) is amended as follows.
I352
1
Section 59(2) (meaning of schools being “eligible for intervention”) is amended as follows.
2
For “warning notice by F18local authority” substitute “
performance standards and safety warning notice
”
.
3
Before “section 61” insert—
“section 60A (teachers' pay and conditions warning notice),”.
I363
For the title of section 60 substitute “
Performance standards and safety warning notice
”
.
I374
After section 60 insert—
60ATeachers' pay and conditions warning notice
1
A maintained school is by virtue of this section eligible for intervention if—
a
the F18local authority have given the governing body a warning notice in accordance with subsection (2),
b
the period beginning with the day on which the warning notice is given and ending with the fifteenth working day following that day (“the initial period”) has expired,
c
d
the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction by the end of the compliance period (as defined by subsection (10)), and
e
the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under any one or more of sections 64 to 66.
2
A F18local authority may give a warning notice to the governing body of a maintained school where the authority are satisfied that—
a
the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or
b
the governing body have failed to secure that the head teacher of the school complies with such a provision.
3
In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.
4
For the purposes of this section a “warning notice” is a notice in writing by the F18local authority setting out—
a
the matters on which the conclusion mentioned in subsection (2) is based,
b
the action which they require the governing body to take in order to remedy those matters,
c
the initial period applying under subsection (1)(b), and
d
the action which the F18local authority are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.
5
The warning notice must also inform the governing body of their right to make representations under subsection (7) during the initial period.
6
The F18local authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
a
the head teacher of the school,
b
in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
c
in the case of a foundation or voluntary school, the person who appoints the foundation governors.
7
Before the end of the initial period, the governing body may make representations in writing to the F18local authority against the warning notice.
8
The F18local authority must consider any representations made to them under subsection (7) and may, if they think fit, confirm the warning notice.
9
The F18local authority must give notice in writing of their decision whether or not to confirm the warning notice to the governing body and such other persons as the Secretary of State may require.
10
In this section “the compliance period”, in relation to a warning notice, means—
a
in a case where the governing body does not make representations under subsection (7), the initial period mentioned in subsection (1)(b), and
b
in a case where the F18local authority confirm the warning notice under subsection (8), the period beginning with the day on which they do so and ending with the fifteenth working day following that day.
I385
1
Section 63 (power of F18local authority to require governing body to enter into arrangements) is amended as follows.
2
In subsection (1) after “eligible for intervention” insert “
other than by virtue of section 60A
”
.
3
In subsection (3) for “formal warning” substitute “
performance standards and safety warning
”
.
I396
1
Section 64 (power of F18local authorityetc to appoint additional governors) is amended as follows.
F2922
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F2923
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (2)—
a
for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”, and
b
after “60(10)” insert “
or as the case may be section 60A(10)
”
.
5
In subsection (4)—
a
in paragraph (a) for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”,
b
after paragraph (b) insert—
and
c
the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,
I407
In section 66(2) (power of F18local authority to suspend right to delegated budget)—
a
for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”, and
b
after “60(10)” insert “
or as the case may be section 60A(10)
”
.
I418
In section 67(1) (power of Secretary of State to appoint additional governors) omit the words from “by virtue of” to “special measures)”.
I429
In section 69(1) (power of Secretary of State to provide for governing body to consist of interim executive members) omit the words from “by virtue of” to “special measures)”.
I4310
After section 69 insert—
69APower of Secretary of State to direct F18local authority to consider giving performance standards and safety warning notice
1
This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
2
The condition is that there are reasonable grounds for a F18local authority to give a warning notice to the governing body of a maintained school under section 60 (performance standards and safety warning notice).
3
The condition is that one of the following applies—
a
the authority have not given a warning notice to the governing body under section 60 on those grounds;
b
the authority have done so, but in inadequate terms;
c
the authority have given a warning notice to the governing body under section 60 on those grounds, but the Chief Inspector has failed or declined to confirm it;
d
the school has become eligible for intervention on those grounds by virtue of section 60, but the period of two months following the end of the compliance period (as defined by section 60(10)) has ended.
4
The Secretary of State may direct the F18local authority to consider giving a warning notice to the governing body under section 60 in the terms specified in the direction.
5
A direction under subsection (4) must be in writing.
6
If the Secretary of State gives a direction under subsection (4) to a F18local authority in respect of a governing body, the authority must—
a
give the Secretary of State a written response to the direction before the end of the period of 10 working days beginning with the day on which the direction is given, and
b
on the same day as they do so, give the Chief Inspector a copy of the response.
7
The F18local authority's response to the direction must do one of the following—
a
state that the authority have decided to give a warning notice to the governing body in the specified terms;
b
state that the authority have decided not to give a warning notice to the governing body in those terms.
8
If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
a
give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60), and
b
on the same day as they do so, give the Secretary of State a copy of the notice.
9
If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms, it must set out the authority's reasons for the decision.
10
Subsection (8)(b) applies in addition to section 60(6).
69BPower of Secretary of State to direct F18local authority to give teachers' pay and conditions warning notice
1
This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
2
The condition is that there are reasonable grounds for a F18local authority to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).
3
The condition is that one of the following applies—
a
the authority have not given a warning notice to the governing body under section 60A on those grounds;
b
the authority have done so, but in inadequate terms;
c
the authority have given a warning notice to the governing body under section 60A on those grounds, but have declined or failed to confirm it;
d
the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section 60A(10)) has ended.
4
The Secretary of State may direct the F18local authority to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.
5
If the Secretary of State gives a direction under subsection (4) to a F18local authority in respect of a governing body, the authority must—
a
give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,
b
when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and
c
give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.
6
The F18local authority's response to the direction must do one of the following—
a
state that the authority have decided to give a warning notice to the governing body in the specified terms;
b
state that the authority have decided not to give a warning notice to the governing body in those terms.
7
If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
a
give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and
b
on the same day as they do so, give the Secretary of State a copy of the notice.
8
If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—
a
the response must set out the authority's reasons for the decision, and
b
the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).
9
If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—
a
comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and
b
on the same day as they do so, give the Secretary of State a copy of the notice.
10
Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).
11
A direction under this section must be in writing.
F29311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F134Schedule 14Powers in relation to schools causing concern: Wales
Sch. 14 omitted (20.2.2014) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 12; S.I. 2014/178, art. 2(f) (with art. 3)
1
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2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42Schedule 15The School Support Staff Negotiating Body
Sch. 15 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3
F42Constitution
F421
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42Membership
F422
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42Proceedings
F423
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42Administrative support
F424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42Annual reports
F425
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42Fees and expenses
F426
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42House of Commons disqualification
F427
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42Interpretation
F428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1 Schedule 16Repeals and revocations
Sch. 16 partly in force; Sch. 16 in force for specified purposes at 12.1.2010 see s. 269(2)
I264Part 1F18Local authority functions
Sch. 16 Pt. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
Title | Extent of repeal |
|---|---|
Education Act 1996 (c. 56) | Section 509. |
School Standards and Framework Act 1998 (c. 31) | Section 128. |
In Schedule 30, paragraph 64. | |
Education and Inspections Act 2006 (c. 40) | Section 81. |
I265Part 2Dissolution of the LSC
Sch. 16 Pt. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)
Title | Extent of repeal |
|---|---|
Further and Higher Education Act 1992 (c. 13) | In section 56B(3), the word “its”. |
In section 56C(4), the words “to it”. | |
Learning and Skills Act 2000 (c. 21) | Part 1. |
Section 97. | |
Section 98(2A). | |
Section 99(2A). | |
In section 101(1), paragraph (c) (and the word “or” before it). | |
In section 102(1), paragraph (c) (and the word “or” before it). | |
In section 113A—
| |
Schedules 1, 1A and 3. | |
In Schedule 7A—
| |
Education and Inspections Act 2006 (c. 40) | Section 75. |
Further Education and Training Act 2007 (c. 25) | Section 1. |
Section 2. | |
Sections 4 to 10. | |
Sections 11 to 13. | |
Sections 14 to 16. | |
Education and Skills Act 2008 (c. 25) | Section 159(2). |
Section 160(2). |
I44Part 3Sixth form college sector
Sch. 16 Pt. 3 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.
Title | Extent of repeal |
|---|---|
Education and Inspections Act 2006 | Section 11(1)(b) and (2)(a). |
I139I310I352Part 4Ofqual and the QCDA
Sch. 16 Pt. 4 in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1
Sch. 16 Pt. 4 in force at 1.11.2010 for specified purposes by S.I. 2010/2413, art. 2(a)(b) (with arts. 3-5)
Sch. 16 Pt. 4 in force at 31.5.2013 for specified purposes by S.I. 2013/975, art. 2(c)
Title | Extent of repeal or revocation |
|---|---|
Charities Act 1993 (c. 10) | In Schedule 2, paragraph (da). |
Education Act 1997 (c. 44) | Sections 21 to 26A. |
Section 30(1C), (1D), (2) and (6). | |
Section 32(4A). | |
Section 32A(6). | |
Section 36. | |
In section 54(1), the words “, except an order under section 25 or 31,”. | |
In section 58(6), the entries for—
| |
Schedule 4. | |
In Schedule 7—
| |
School Standards and Framework Act 1998 (c. 31) | In Schedule 30, paragraph 214. |
Learning and Skills Act 2000 (c. 21) | Section 103(2) and (3). |
In Schedule 9, paragraph 69. | |
Education Act 2002 (c. 32) | In section 76, in the definition of “assess”, the words “examine and”. |
In section 87—
| |
In section 96(6), the words from “and shall send copies” to the end. | |
In section 216(2), the words “paragraphs 1 to 4 and 9 of Schedule 17, and section 189 so far as relating to those paragraphs,”. | |
In Schedule 17—
| |
In Schedule 21, paragraph 69. | |
The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239) | In Schedule 1, paragraphs 7, 22, 23 and 24. |
Childcare Act 2006 (c. 21) | In section 42—
|
In Schedule 1—
| |
Education and Inspections Act 2006 (c. 40) | In Schedule 14, paragraphs 21 and 25. |
Education and Skills Act 2008 (c. 25) | Section 9. |
Section 161. | |
Section 162(2) to (5). | |
Section 163. |
I49I266Part 5Co-operation to improve well-being of children
Sch. 16 Pt. 5 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.
Sch. 16 Pt. 5 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
Title | Extent of repeal |
|---|---|
Children Act 2004 (c. 31) | In section 10—
|
I45Part 6Schools causing concern
Sch. 16 Pt. 6 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.
Title | Extent of repeal |
|---|---|
Education and Inspections Act 2006 | In section 67(1), the words from “by virtue of” to “special measures)”. |
In section 69(1), the words from “by virtue of” to “special measures)”. |
F114Part 7Complaints
Sch. 16 Pt. 7 omitted (1.8.2012) by virtue of Education Act 2011 (c. 21), ss. 45(2)(g), 82(3); S.I. 2012/1087, art. 2 (with art. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I46Part 8School inspections
Sch. 16 Pt. 8 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.
Title | Extent of repeal |
|---|---|
Education and Inspections Act 2006 (c. 40) | In Schedule 12—
|
I47Part 9Information about local authority expenditure
Sch. 16 Pt. 9 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.
Title | Extent of repeal |
|---|---|
School Standards and Framework Act 1998 (c. 31) | Section 53. |
Public Audit (Wales) Act 2004 (c. 23) | In Schedule 2, paragraph 40. |
I48Part 10Support for participation in education and training
Sch. 16 Pt. 10 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.
Title | Extent of repeal |
|---|---|
Education and Skills Act 2008 (c. 25) | Section 15. |
Section 76(1). | |
I301Part 11Foundation degrees: Wales
Sch. 16 Pt. 11 in force at 1.10.2010 by S.I. 2010/2413, art. 2(d) (with arts. 3-5)
Title | Extent of repeal |
|---|---|
Further and Higher Education Act 1992 (c. 13) | In section 76(1)(b), the words “in England”. |
Act modified (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), art. 14