Part 4Qualifications and the Curriculum

Careers education and guidance

29Careers guidance in schools in England

I1I21

Part 7 of EA 1997 (careers education and guidance) is amended as set out in subsections (2) to (8).

I1I22

Before section 43 insert—

42AProvision of careers guidance in schools in England

1

The responsible authorities for a school in England within subsection (2) must secure that all registered pupils at the school are provided with independent careers guidance during the relevant phase of their education.

2

A school is within this subsection if it provides secondary education and is one of the following—

a

a community, foundation or voluntary school;

b

a community or foundation special school (other than one established in a hospital);

c

a pupil referral unit.

3

The responsible authorities for a school within subsection (2) are—

a

in the case of a school within subsection (2)(a) or (b), its governing body;

b

in the case of a pupil referral unit, the local authority that maintain it.

4

The responsible authorities must secure that careers guidance provided under subsection (1)—

a

is presented in an impartial manner,

b

includes information on options available in respect of 16 to 18 education or training, including apprenticeships, and

c

is guidance that the person giving it considers will promote the best interests of the pupils to whom it is given.

5

Careers guidance provided to pupils at a school is independent for the purposes of this section if it is provided other than by—

a

a teacher employed or engaged at the school, or

b

any other person employed at the school.

6

For the purposes of this section the relevant phase of a pupil's education is the period—

a

beginning at the same time as the school year in which the majority of pupils in the pupil's class attain the age of 14, and

b

ending with the expiry of the school year in which the majority of pupils in the pupil's class attain the age of 16.

7

In this section—

  • “apprenticeship” includes employment and training leading to the issue of an apprenticeship certificate under section 3 or 4 of the Apprenticeships, Skills, Children and Learning Act 2009;

  • “career” includes undertaking any training, education, employment or occupation;

  • “careers guidance” means guidance about careers;

  • “class”, in relation to a pupil, means—

    1. a

      the teaching group in which the pupil is regularly taught, or

    2. b

      if the pupil is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit;

  • “16 to 18 education or training” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18;

  • “training” includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still a registered pupil at a school in England).

I33

In section 43 (careers education in schools)—

a

in subsection (1), after “school” insert “ in Wales ”;

b

in subsection (2), omit paragraph (d) (but not the “and” after it);

c

omit subsections (2A) and (2B);

d

in subsection (3)—

i

omit “(and, where applicable, subsection (2B))”;

ii

omit paragraph (b) (but not the “and” after it);

e

omit subsection (4);

f

in subsection (6)—

i

in the definition of “class”, for the words from “, in relation” to the end substitute “ has the same meaning as in section 42A; ”;

ii

omit the definitions of “16-18 education or training” and “training”;

g

in the heading, at the end insert “ in Wales ”.

I34

In section 44—

a

in subsection (8)(a), for “listed in section 43(2)(a) to (d)” substitute “ in Wales listed in section 43(2)(a) and (c) ”;

b

in subsection (8)(b), after “institutions” insert “ in Wales ”;

c

for subsection (9) substitute—

9

It is the duty of the each of the following to secure that subsections (1), (4) and (6) are complied with—

a

the governing body of the school or institution;

b

its head teacher, principal or other head.

d

in subsection (10)(a), after “a school” insert “ in Wales ”;

e

in subsection (10)(b), after “an institution” insert “ in Wales ”;

f

in the heading, after “institutions” insert “ in Wales ”.

I35

In section 45 (provision of careers information at schools and other institutions)—

a

in subsection (2)(a), for “listed in section 43(2)(a) to (d)” substitute “ in Wales listed in section 43(2)(a) and (c) ”;

b

in subsection (2), omit the words from “and, in the case” to the end;

c

omit subsections (2A) and (2B);

d

for subsection (3) substitute—

3

It is the duty of each of the following to secure that subsection (1) is complied with—

a

the governing body of the school or institution;

b

its head teacher, principal or other head.

e

in subsection (5), for “ “careers education” and “16-18 education or training”” substitute “and “careers education””.

I36

In section 45A (guidance as to discharge of duties)—

a

in subsection (1), for “43(2)(a), (c) or (e)” substitute “ 42A(2) ”;

b

in subsection (2), for “any of sections 43(3), 44(9) and 45(3)” substitute “ 42A(1) or (4) ”;

c

in the heading, at the end insert “ : schools in England ”.

I37

In section 45B (provision of curriculum information), in the heading, at the end insert “ : Wales ”.

I1I28

In section 46 (extension or modification of provisions of sections 43 to 45)—

a

in subsection (1), for the words from “43” to “44(10)(a)(i)” substitute “ 42A, 43 or 44 by substituting for the period specified in section 42A(6), 43(5) or 44(10)(a)(i) ”;

b

after subsection (2) insert—

2A

The Secretary of State may by regulations make provision for requiring—

a

the governing bodies of institutions in England within the further education sector, and

b

the principals or other heads of such institutions,

to secure that careers guidance is provided for any specified description of persons attending such institutions.

c

in subsection (3)(a), after “institutions” insert “ in Wales ”;

d

in subsection (5), after the definition of “careers education” insert—

“careers guidance” has the same meaning as in section 42A;

I39

In consequence of the amendments made by subsections (1) to (8), omit—

a

paragraph 71 of Schedule 9 to LSA 2000;

b

paragraph 8 of Schedule 7 to EA 2002;

c

section 81(2) and (3) of ESA 2008;

d

section 250 of ASCLA 2009.