Education Bill (HC Bill 180)

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(4) The Secretary of State must give the bodies and other persons

mentioned in subsections (2) and (3) a reasonable opportunity of

submitting evidence and representations as to the issues arising from

the proposal.

(5) 5After considering any evidence and representations submitted in

pursuance of subsection (4), the Secretary of State must publish, in

such manner as, in the Secretary of State’s opinion, is likely to bring

them to the notice of persons with a special interest in education—

(a) a draft of the proposed order or regulations and any

10associated document, and

(b) a summary of the views expressed during the consultation.

(6) The Secretary of State must allow a period of at least one month

beginning with the publication of the draft of the proposed order or

regulations for the submission of any further evidence and

15representations as to the issues arising.

(7) When the period allowed has expired, the Secretary of State may

make the order or regulations, with or without modifications.

Childcare Act 2006 (c. 21)Childcare Act 2006 (c. 21)

16 The Childcare Act 2006 is amended as follows.

17 20In section 42(2) (persons on whom order specifying assessment

arrangements may confer or impose functions) omit paragraph (d) (but not

the “and” immediately after it).

18 (1) Section 46 (power to enable exemptions from learning and development

requirements to be conferred) is amended as follows.

(2) 25In subsection (1B) for “the reviewing body” substitute “a person designated

by the Secretary of State for the purposes of this subsection”.

(3) Omit subsection (1C).

(4) In subsection (1D) for “subsection (1C)” substitute “subsection (1B)”.

EIA 2006

19 30EIA 2006 is amended as follows.

20 In section 74(1) (curriculum requirements for the fourth key stage)—

(a) in the new section 85 to be inserted into EA 2002, in subsection (6) for

“Qualifications and Curriculum Authority” substitute “Secretary of

State”;

(b) 35in the new section 85A to be inserted into that Act, in subsection (5)

omit “or the Qualifications and Curriculum Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)Safeguarding Vulnerable Groups Act 2006 (c. 47)

21 In section 21(10) of the Safeguarding Vulnerable Groups Act 2006

(controlled activity relating to children) omit paragraph (d).

Education BillPage 81

ASCLA 2009

22 ASCLA 2009 is amended as follows.

23 In section 129(4) (persons who provide information to which Ofqual

required to have regard) omit paragraph (a).

24 5Section 173 and Schedule 10 (QCDA staff and property transfer schemes) are

repealed.

25 In paragraph 8 of Schedule 5 (learning aims for persons aged 19 or over:

persons who provide advice or information to which Secretary of State may

have regard) omit paragraph (b) (but not the “or” immediately after it).

26 10In consequence of the amendments made by the other provisions of this

Schedule, in Schedule 12 (Ofqual and the QCDA: minor and consequential

amendments), omit the following provisions: paragraphs 1, 2(3), 3, 4, 5(2), 7,

10, 20, 30, 33, 34, 36(2), 37 and 43.

Section 25

SCHEDULE 9 15Abolition of the QCDA: transfer schemes

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”)

providing—

(a) for a designated employee of the QCDA to become a member of staff

20of Ofqual or the Secretary of State (“the Crown employer”) (and

accordingly to become employed in the civil service of the state);

(b) so far as may be consistent with employment in the civil service of

the state, for the terms and conditions of the employee’s employment

with the QCDA to have effect as if they were the conditions of service

25as a member of the Crown employer’s staff;

(c) for the transfer to the Crown employer of the rights, powers, duties

and liabilities of the QCDA under or in connection with the

employee’s contract of employment;

(d) for anything done (or having effect as if done) before that transfer by

30or in relation to the QCDA in respect of such a contract or the

employee to be treated as having been done by or in relation to the

Crown employer.

(2) A staff transfer scheme may provide for a period before the employee

became a member of the Crown employer’s staff to count as a period during

35which the employee was a member of the Crown employer’s staff (and for

the operation of the scheme not to be treated as having interrupted the

continuity of that period).

(3) A staff transfer scheme may provide for the employee not to become a

member of the Crown employer’s staff if the employee gives notice objecting

40to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by

an enactment or otherwise) as being dismissed by the operation of the

scheme not to be so treated.

Education BillPage 82

(5) A staff transfer scheme may provide for an employee of the QCDA to

become a member of the Crown employer’s staff despite any provision, of

whatever nature, which would otherwise prevent the person from being

employed in the civil service of the state.

5Property transfer schemes

2 (1) The Secretary of State may make a scheme (a “property transfer scheme”)

providing for the transfer from the QCDA of designated property, rights or

liabilities of the QCDA to Ofqual or the Secretary of State.

(2) A property transfer scheme may—

(a) 10create 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 QCDA 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

15the 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) 20property, rights and liabilities that could not otherwise be

transferred;

(b) property acquired, and rights and liabilities arising, after the making

of the scheme.

Continuity

3 25A 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 QCDA

before the transfer takes effect.

Supplementary provision etc.

4 A staff transfer scheme or a property transfer scheme may include

30supplementary, incidental, transitional and consequential provision.

Interpretation

5 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

    35scheme;

  • “Ofqual” means the Office of Qualifications and Examinations

    Regulation;

  • “the QCDA” means the Qualifications and Curriculum Development

    Agency.

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Section 34

SCHEDULE 10 School admissions: consequential amendments

Amendments consequential on the amendments to section 85A (admission forums)

1 (1) Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) 5Section 85B (functions of admission forums in relation to Academies) is

repealed.

(3) In section 88F (sections 88C to 88E: supplementary), in subsection (3), omit

paragraph (f) (but not the “and” following it).

(4) In section 88H (reference of objections to adjudicator), in subsection (6)(a),

10for “(a) to (f)” substitute “(a) to (e)”.

(5) In section 88Q (reports under section 88P: provision of information), in

subsection (2), omit paragraph (b).

2 In EA 2002, section 66 (insertion of section 85B of SSFA 1998: admissions

forums in relation to Academies) is repealed.

3 15In EIA 2006, in section 41 (role of admissions forums), omit subsections (1)

to (6) (amendments to section 85A of SSFA 1998).

Amendments consequential on the repeal of section 88J of SSFA 1998 (school adjudicators)

4 (1) Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) In section 88K (sections 88H to 88J: supplementary)—

(a) 20in subsection (1)—

(i) at the end of paragraph (a), insert “or”;

(ii) omit paragraph (c) (and the “or” preceding it);

(b) for subsection (3), substitute—

(3) Where the adjudicator makes a decision mentioned in

25subsection (1), the adjudicator must publish a report

containing—

(a) the adjudicator’s decision on the objection or (as the

case may be) on whether the admission arrangements

conform with the requirements relating to admission

30arrangements, and

(b) the reasons for that decision.;

(c) in subsection (4)(a)(ii), for “to 88J” substitute “, 88I”;

(d) in subsection (5), for “sections 88I and 88J” substitute “section 88I”;

(e) in the heading, for “to 88J” substitute “and 88I”.

(3) 35Section 88L (restriction on alteration of admission arrangements following

adjudicator’s decision) is repealed.

Amendment consequential on the amendments to section 88P of SSFA 1998 (reports by local

authority)

5 In section 88I of SSFA 1998 (other functions of adjudicator relating to

40admission arrangements), in subsection (3), omit paragraph (b) (and the “or

preceding it).

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Section 36

SCHEDULE 11 Establishment of new schools

Amendments of Part 2 of EIA 2006

1 Part 2 of EIA 2006 (establishment, discontinuance and alteration of schools)

5is amended as follows.

2 Before section 7 insert—

6A Requirement to seek proposals for establishment of new Academies

(1) If a local authority in England think a new school needs to be

established in their area, they must seek proposals for the

10establishment of an Academy.

(2) The local authority must specify a date by which any proposals

sought under subsection (1) must be submitted to them.

(3) After the specified date, the local authority must notify the Secretary

of State—

(a) 15of the steps they have taken to seek proposals for the

establishment of an Academy, and

(b) of any proposals submitted to them as a result before the

specified date, or of the fact that no such proposals have been

submitted to them before that date.

(4) 20A notification under subsection (3) must—

(a) identify a possible site for the Academy, and

(b) specify such matters as may be prescribed.

3 In section 7 (invitation for proposals for establishment of new schools)—

(a) in subsection (1), after “may” insert “with the consent of the Secretary

25of State”;

(b) in subsection (5), omit paragraph (b) and the “and” immediately

before it;

(c) omit subsection (5A);

(d) in subsection (6), insert “and” at the end of paragraph (a) and omit

30paragraph (c) and the “and” immediately before it.

4 After section 7 insert—

7A Withdrawal of notices under section 7

(1) This section applies where a local authority have published a notice

under section 7.

(2) 35At any time before the date specified in the notice—

(a) the local authority may withdraw it, with the consent of the

Secretary of State, or

(b) the Secretary of State may direct the local authority to

withdraw it.

5 40Section 8 (proposals under section 7 relating to community or community

special schools) is repealed.

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6 (1) Section 10 (publication of proposals with consent of Secretary of State) is

amended as follows.

(2) In subsection (1), for the words from “(otherwise” to the end substitute “a

new community, community special, foundation or foundation special

5school, which—

(a) is not to be one providing education suitable only to the

requirements of persons above compulsory school age, and

(b) is to replace one or more maintained schools, except where

section 11(A2) applies or in a case within section 11(A3).

(3) 10In subsection (2)—

(a) after “voluntary” insert “controlled”;

(b) in paragraph (b), for “(2)(b) or (c)” substitute “(2)”.

7 (1) Section 11 (publication of proposals to establish maintained schools: special

cases) is amended as follows.

(2) 15Before subsection (1) insert—

(A1) Subsection (A2) applies where a local authority in England publish a

notice under section 7 (notice inviting proposals for establishment of

new schools), and—

(a) no proposals are made pursuant to the notice, or

(b) 20proposals are made pursuant to the notice but none of the

proposals are approved under Schedule 2 or result in

Academy arrangements being entered into.

(A2) The local authority may publish under this section proposals of their

own to establish a new community, community special, foundation

25or foundation special school, which is not to be one providing

education suitable only to the requirements of persons above

compulsory school age.

(A3) Where a local authority in England propose to establish a new

community, community special, foundation or foundation special

30school, which—

(a) is to be a primary school, and

(b) is to replace a maintained infant school and a maintained

junior school,

the authority must publish their proposals under this section.

(3) 35After subsection (1) insert—

(1A) Where any persons (“proposers”) propose to establish a new

voluntary aided school in England, they may publish their proposals

under this section.

(4) In subsection (2)—

(a) 40after “voluntary” insert “controlled”;

(b) before paragraph (b) insert—

(aa) is to replace one or more foundation or voluntary

schools which have a religious character,.

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(5) After subsection (2) insert—

(2A) For the purposes of subsection (2)(aa), a new foundation or

voluntary controlled school replaces a foundation or voluntary

school which has a religious character if it is proposed that the new

5school—

(a) should have the same religious character,

(b) should have a different religious character, or

(c) should not have a religious character.

(6) In subsection (3), after “voluntary” insert “controlled”.

(7) 10In subsection (7), after “subsection” insert “(1A) or”.

(8) For subsection (9) substitute—

(9) In this section—

  • “maintained infant school” means a maintained school that

    provides primary education suitable to the requirements of

    15children of compulsory school age who have not attained the

    age of 8;

  • “maintained junior school” means a maintained school that

    provides primary education suitable to the requirements of

    junior pupils who have attained the age of 7;

  • 20“non-maintained special school” means a school which is

    approved under section 342 of EA 1996.

8 In section 11A(1) (restriction on power of governing body to make

proposals), for “11(2)” substitute “11(1A) or (2)”.

9 In section 12 (establishment of school as a federated school), in subsection

25(1), after “new” insert “maintained”.

10 (1) Schedule 2 (consideration, approval and implementation of proposals for

establishment or discontinuance of schools in England) is amended as

follows.

(2) After paragraph 3 insert—

30“Academy proposals” and “non-Academy proposals”

3A In this Schedule—

(a) “Academy proposals” means proposals under section 7 for

the establishment of an Academy, and

(b) “non-Academy proposals” means proposals under section

357 for the establishment of a school falling within subsection

(2)(a) of that section.

(3) In paragraph 4(a) (references to persons by whom proposals under section 7

are made), omit “or in the case of proposals published by the relevant

authority under subsection (5)(b) of that section, by the relevant authority,”.

(4) 40In paragraph 5(b) (requirement to forward objections and comments made

in relation to proposals)—

(a) for “referred to” substitute “to be considered by the Secretary of State

or”;

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(b) after “forward to” insert “the Secretary of State or (as the case may

be)”.

(5) In the heading to Part 2, omit “by Local Authority or Adjudicator”.

(6) For the heading before paragraph 6 substitute “Consideration of proposals”.

(7) 5Before paragraph 6 insert—

5A (1) Academy proposals do not require consideration under

paragraph 8 (see paragraph 7A instead).

(2) If proposals under section 7 consist wholly of non-Academy

proposals, the proposals require consideration under paragraph 8.

(3) 10If proposals under section 7 include both Academy proposals and

non-Academy proposals, the non-Academy proposals do not

require consideration under paragraph 8 unless and until

paragraph 7A(5) or (6) applies.

(8) In paragraph 6 (proposals under section 7, 10 or 11 requiring consideration

15under paragraph 8), omit “7,”.

(9) After paragraph 7 insert—

7A (1) This paragraph applies where proposals under section 7 consist of

or include Academy proposals.

(2) The Secretary of State must decide whether to enter into Academy

20arrangements as a result of any of the Academy proposals.

(3) The Secretary of State must notify the relevant authority of a

decision under sub-paragraph (2).

(4) Sub-paragraphs (5) and (6) apply where the proposals under

section 7 include non-Academy proposals.

(5) 25If the Secretary of State decides not to enter into Academy

arrangements as a result of any of the Academy proposals, the

non-Academy proposals require consideration under paragraph

8.

(6) In any other case, the Secretary of State may direct that all or any

30of the non-Academy proposals require consideration under

paragraph 8.

(10) Omit the heading before paragraph 8.

(11) In paragraph 9 (consideration of proposals that are related to other

proposals), for sub-paragraph (2) substitute—

(2) 35Where proposals within sub-paragraph (2A) appear to the

relevant authority to be related to other proposals within that sub-

paragraph that have not yet been determined, the authority must

consider the proposals together.

(2A) The proposals within this sub-paragraph are—

(a) 40proposals under section 7 that require consideration by the

authority under paragraph 8;

(b) proposals under section 10, 11 or 15.

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(12) In paragraph 10(1) (duty to refer to adjudicator certain proposals made by or

involving relevant authority), for paragraph (a) substitute—

(a) all the proposals published under section 7 in response to

a notice under that section and which—

(i) 5would otherwise require consideration by the

authority under paragraph 8, and

(ii) consist of or include proposals which relate to the

establishment of a foundation school with a

foundation falling within sub-paragraph (2);.

(13) 10In paragraph 12 (duty to refer proposals to adjudicator in pursuance of

direction of Secretary of State)—

(a) in sub-paragraph (1)(a)—

(i) after “section 7” insert “and which require consideration

under paragraph 8”;

(ii) 15after “determined by the authority” insert “under that

paragraph”;

(b) in sub-paragraph (1)(b), after “that section” insert “and which

require consideration under paragraph 8,”;

(c) omit sub-paragraphs (2) and (3).

(14) 20In paragraph 13 (duty to refer proposals to adjudicator where determination

delayed), in paragraph (a), after “section 7” insert “and which require

consideration under paragraph 8”.

(15) Omit paragraph 18 and the heading before it (consultation in respect of

proposals to establish Academy).

(16) 25In paragraph 19(4) (determination whether or not to implement proposals

under section 15 not requiring consideration under paragraph 8)—

(a) after paragraph (a) insert—

(aa) proposals published under section 7 that require

consideration under paragraph 8 and are not yet

30determined,;

(b) in paragraph (b), omit “7,”.

(17) Omit paragraph 27 (proposals relating to Academy: implementation).

Other amendments

11 In Schedule 2 to AA 2010 (Academies: amendments), omit paragraph 22.

Section 48

35SCHEDULE 12 Further education institutions: amendments

Amendments of FHEA 1992

1 FHEA 1992 is amended as follows.

2 (1) Section 19 (supplementary powers of further education corporations) is

40amended as follows.

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(2) In subsection (4A), after “exercised” insert “by a further education

corporation in Wales”.

(3) In subsection (4AA), after “exercised” insert “by a further education

corporation in Wales”.

(4) 5In subsection (4AB), for “appropriate authority consents” substitute “Welsh

Ministers consent”.

(5) Omit subsection (4AC).

(6) In subsection (4B)—

(a) after “exercised” insert “by a further education corporation in

10Wales”;

(b) omit “the Chief Executive of Skills Funding or”.

(7) In subsection (4C), omit “the Chief Executive or” and “(as the case may be)”.

(8) In subsection (5)—

(a) after “exercised” insert “by a further education corporation in

15Wales”;

(b) for “appropriate body” substitute “Welsh Ministers”.

3 Section 19A (duty in relation to promotion of well-being of local area) is

repealed.

4 In section 27 (dissolution of further education corporations), omit subsection

20(7A).

5 In section 29 (government and conduct of designated institutions), omit

subsection (7A)(a).

6 In section 31 (designated institutions conducted by companies), omit

subsection (2A)(a).

7 (1) 25Section 33C (establishment of new bodies corporate as sixth form college

corporations) is amended as follows.

(2) In subsection (2), for “the responsible local authority” substitute “a person or

body (“the proposer”)”.

(3) In subsection (3)(a), for “authority have” substitute “proposer has”.

(4) 30In subsection (3)(c)—

(a) for “authority have” substitute “proposer has”;

(b) for “them” substitute “the proposer”.

8 In section 33F (supplementary powers of a sixth form college corporation)—

(a) omit subsection (7);

(b) 35in subsection (10), omit “or section 33G”.

9 Section 33G (restrictions on exercise of supplementary powers of sixth form

college corporations) is repealed.

10 Section 33H (duty in relation to promotion of well-being of local area) is

repealed.

11 40In section 33K (instrument and articles of new sixth form college

corporation)—

(a) in subsection (1), for “YPLA” substitute “Secretary of State by order”;