2012 No. 765

Education, England And Wales

The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

Made

Laid before Parliament

Coming into force

The Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 11(2), 16(2), 26(2) and 78(2)(c) of the Education Act 20111.

Citation and commencement1

This Order may be cited as the Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 and comes into force on 1st April 2012.

Amendment of the Employers’ Liability (Compulsory Insurance) Regulations 19982

Omit paragraph 8 of Schedule 2 to the Employers’ Liability (Compulsory Insurance) Regulations 19982 (employers exempted from insurance).

Amendment of the Local Authorities (Goods and Services) (Public Bodies) (No. 1) Order 19993

In article 2 of the Local Authorities (Goods and Services) (Public Bodies) (No. 1) Order 19993 (designation as a public body) omit “and the Training and Development Agency for Schools”.

Amendment of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 20034

Omit article 10 of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 20034 (evaluation of assessment arrangements).

Amendment of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 20035

Omit article 11 of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 20035 (evaluation of assessment arrangements).

Amendment of the Student Fees (Approved Plans) (England) Regulations 20046

In regulation 9(d)(i) of the Student Fees (Approved Plans) (England) Regulations 20046 (enforcement of plans) for “Training and Development Agency for Schools” substitute “Secretary of State”.

Amendment of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 20047

Omit article 8 of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 20047 (evaluation of assessment arrangements).

Amendment of the Education (Pupil Information) (England) Regulations 20058

1

The Education (Pupil Information) (England) Regulations 20058 are amended as follows.

2

In regulation 2 (interpretation)—

a

in the definition of “external marking agency” omit “nominated by the QCDA and”; and

b

in the definition of “P Level Document” for “QCDA” substitute “Secretary of State”.

3

In paragraph 6(1)(e) of Schedule 2 (information forming part of the common transfer file) for “QCDA” substitute “Secretary of State”.

Amendment of the Education (Fees and Awards) (England) Regulations 20079

1

The Education (Fees and Awards) (England) Regulations 20079 are amended as follows.

2

In regulation 4(3)(c) (fee charging) for “support under section 78 of the 2005 Act” substitute “assistance—

i

from the Secretary of State under section 14 of the Education Act 2002; or

ii

from a person who is receiving financial assistance under that section”.

3

In regulation 7 (payments by the Training and Development Agency for Schools)—

a

for “Training and Development Agency for Schools” substitute “Secretary of State”; and

b

for “section 78 of the 2005 Act”, in both places it appears, substitute “section 14 of the Education Act 2002”.

Amendment of the Education (Information About Children in Alternative Provision) (England) Regulations 200710

In regulation 8 of the Education (Information About Children in Alternative Provision) (England) Regulations 200710 (persons to whom individual information supplied may be passed) omit paragraphs (f) and (n).

Amendment of the Education (Supply of Information about the School Workforce) (No. 2) (England) Regulations 200711

1

The Education (Supply of Information about the School Workforce) (No. 2) (England) Regulations 200711 are amended as follows.

2

In regulation 8(2) (persons to whom the Secretary of State may supply information) omit sub-paragraphs (c), (h) and (i).

3

In regulation 9(2) (supply by the Secretary of State of information to certain persons) omit sub-paragraphs (c) and (d).

Amendment of the Education (School Performance Information) (England) Regulations 200712

1

The Education (School Performance Information) (England) Regulations 200712 are amended as follows.

2

In regulation 2(1) (interpretation)—

a

in the definition of “external marking agency” omit “nominated by the QCDA and”;

b

in the definition of “National Data Collection Agency” for “QCDA” substitute “Secretary of State”; and

c

omit the definition of “the QCDA”.

3

In regulation 14 (provision of information to the external marking agency) for “determined by the QCDA” to the end substitute “which is to mark the NC tests.”.

Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 200713

In the entry relating to the profession of School Teacher in a publicly regulated school in England in Part 1 of Schedule 1 to the European Communities (Recognition of Professional Qualifications) Regulations 200713 (professions regulated by law or public authority) for the competent authority in the second column substitute “Secretary of State”.

Amendment of the Childcare (Provision of Information About Young Children) (England) Regulations 200914

In regulation 7 of the Childcare (Provision of Information About Young Children) (England) Regulations 200914 (prescribed persons under section 99(4)(b) of the Childcare Act 2006) omit paragraph (c) (and the “and” immediately before it).

Amendment of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 200915

In regulation 3(5) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 200915 (prescribed persons) omit sub-paragraphs (g) and (u).

Amendment of the School Teachers’ Incentive Payments (England) Order 200916

In the definition of “relevant course” in article 2 of the School Teachers’ Incentive Payments (England) Order 200916 (interpretation) for “Training and Development Agency for Schools” substitute “Secretary of State”.

Amendment of the Official Statistics Order 201017

In the Schedule to the Official Statistics Order 201017 omit the entries relating to—

a

the Qualifications and Curriculum Development Agency; and

b

the Training and Development Agency for Schools.

Amendment of the Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 201018

Omit articles 3, 8(6), 9(3), 10(3), 12(2)(c) and (3), 17(b), 19, 20(2) and (3) and 22 of the Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 201018.

Nick GibbMinister of StateDepartment for Education
EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to secondary legislation in consequence of the abolition of the Training and Development Agency for England, the General Teaching Council for England and the Qualifications and Curriculum Development Agency. In consequence of the amendments made by this Order a number of provisions in the Apprenticeships, Skills Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 2010 are also revoked.

An impact assessment has not been produced for this instrument as it has no impact on businesses, the public sector or civil society organisations.