Education Bill (HC Bill 180)

insert—

“Allegations of offences committed by teachers in England and Wales: reporting

restrictions

141F Restrictions on reporting alleged offences by teachers

(1) 5This section applies where a person who is employed or engaged as a

teacher at a school is the subject of an allegation falling within

subsection (2).

(2) An allegation falls within this subsection if—

(a) it is an allegation that the person is guilty of a relevant criminal

10offence, and

(b) it is made by or on behalf of a registered pupil at the school.

(3) No matter relating to the person is to be included in any publication if

it is likely to lead members of the public to identify the person as the

teacher who is the subject of the allegation.

(4) 15Any person may make an application to an appropriate criminal court

for an order dispensing with the restrictions imposed by subsection (3).

(5) The court may make an order dispensing with the restrictions, to the

extent specified in the order, if it is satisfied that it is in the interests of

justice to do so, having regard to the welfare of the person who is the

20subject of the allegation.

(6) The power under subsection (5) of a magistrates’ court may be

exercised by a single justice.

(7) In the case of a decision of a magistrates’ court to make or refuse to

make an order under subsection (5), a person mentioned in subsection

25(8) may, in accordance with Criminal Procedure Rules—

(a) appeal to the Crown Court against the decision, or

(b) appear or be represented at the hearing of such an appeal.

(8) The persons referred to in subsection (7) are—

(a) a person who was a party to the proceedings on the application

30for the order;

(b) any other person with the leave of the Crown Court.

(9) On an appeal under subsection (7), the Crown Court may—

(a) make such order as is necessary to give effect to its

determination of the appeal, and

(b) 35make such incidental or consequential orders as appear to it to

be just.

(10) The restrictions in subsection (3) cease to apply once there are

proceedings in a court in respect of the offence.

(11) In this section—

• 40“appropriate criminal court” means any court in England or Wales
  
  which has any jurisdiction in, or in relation to, any criminal
  
  proceedings;

• “publication” includes any speech, writing, relevant programme
  
  or other communication in whatever form, which is addressed

  Education BillPage 21

  to the public at large or any section of the public (and for this
  
  purpose, every relevant programme shall be taken to be so
  
  addressed), but does not include an indictment or other
  
  document prepared for use in particular legal proceedings;

• 5“relevant criminal offence”, in relation to a person employed or
  
  engaged as a teacher at a school, means an offence against the
  
  law of England and Wales where the victim of the offence is a
  
  registered pupil at the school;

• “relevant programme” means a programme included in a
  
  10programme service, within the meaning of the Broadcasting Act
  
  1990.

141G Offence of breach of reporting restrictions

(1) This section applies if a publication includes any matter in breach of

section 141F(3).

(2) 15Where the publication is a newspaper or periodical, any proprietor, any

editor and any publisher of the newspaper or periodical is guilty of an

offence.

(3) Where the publication is a programme included in a programme

service (within the meaning of the Broadcasting Act 1990), the

20following are guilty of an offence—

(a) any body corporate engaged in providing the programme

service in which the programme is included, and

(b) any person having functions in relation to the programme

corresponding to those of an editor of a newspaper.

(4) 25In the case of any other publication, any person publishing it is guilty

of an offence.

(5) A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(6) If an offence committed by a body corporate is proved—

(a) 30to have been committed with the consent or connivance of, or

(b) to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the

offence and liable to be proceeded against and punished accordingly.

(7) In subsection (6), “officer” means a director, manager, secretary or other

35similar officer of the body, or a person purporting to act in any such

capacity.

(8) If the affairs of a body corporate are managed by its members,

“director” in subsection (7) means a member of that body.

(9) Schedule 11B contains supplementary provision relating to an offence

40under this section.

141H Defences

(1) Where a person is charged with an offence under section 141G, it is a

defence for the person to prove any of the matters mentioned in

subsection (2).

(2) 45The matters are—

(a) that, at the time of the alleged offence, the person was not

aware, and neither suspected nor had reason to suspect, that the

publication included the matter in question;

(b) that, at the time of the alleged offence, the person was not

5aware, and neither suspected nor had reason to suspect, that the

allegation in question had been made;

(c) that the person who is the subject of the allegation had given

written consent to the inclusion of the matter in question in the

publication.

(3) 10Written consent is not a defence if it is proved that any person

interfered unreasonably with the peace or comfort of the person giving

the consent, with intent to obtain it.”

Abolition of the Training and Development Agency for Schools

14 Abolition of the Training and Development Agency for Schools

15Sections 74 to 84 of, and Schedule 13 to, EA 2005 (the Training and

Development Agency for Schools) are repealed.

15 Training the school workforce: powers of Secretary of State and Welsh

Ministers

(1) Part 2 of EA 2002 (financial assistance for education and children etc) is

20amended as set out in subsections (2) and (3).

(2) In section 14 (power of Secretary of State and Welsh Ministers to give financial

assistance for purposes related to education or children etc)—

(a) in subsection (2), after paragraph (c) insert—

“(ca) enabling any person to receive any training for teachers

25or for non-teaching staff;”;

(b) in subsection (2ZA), for “(2)(g)” substitute “(2)”.

(3) In section 16 (terms on which assistance under section 14 is given)—

(a) in subsection (1), after “appropriate” insert “, subject to subsection

(2B)”;

(b) 30in subsection (2)(b), after “appropriate” insert “, subject to subsection

(2B)”;

(c) after subsection (2) insert—

“(2A) Subsection (2B) applies to—

(a) financial assistance given under section 14 to an

35institution within the higher education sector, and

(b) financial assistance required by virtue of subsection

(2)(b) to be given to such an institution.

(2B) The terms on which the assistance is given may not be framed

by reference to criteria for the selection and appointment of staff

40or the admission of students.”

(4) Part 3 of EA 2005 (training the school workforce) is amended as set out in

subsections (5) to (9).

(5) Before section 85 (and the italic heading preceding it), insert—

“Functions of Welsh Ministers with respect to the school workforce

84A General duty of Welsh Ministers with respect to teacher training

In carrying out their duties under sections 10 and 11 of the Education

5Act 1996, the Welsh Ministers must in particular make such

arrangements as they consider expedient for securing that sufficient

facilities are available for the training of teachers to serve in—

(a) schools maintained by local authorities in Wales,

(b) institutions in Wales within the further education sector, and

(c) 10institutions in Wales which are maintained by local authorities

in Wales and provide higher education or further education (or

both).

84B Power to promote careers in school workforce in Wales

(1) The Welsh Ministers may promote careers in the school workforce in

15Wales.

(2) The Welsh Ministers may exercise the power conferred by subsection

(1) jointly with the Secretary of State or any other person with functions

relating to careers in the school workforce.

(3) The Welsh Ministers may make arrangements for the power conferred

20by subsection (1) to be exercised on their behalf by any other person.

(4) Arrangements under subsection (3) may (in particular) make provision

for that power to be exercised—

(a) to the extent, and on the terms, specified in the arrangements;

(b) generally or in such circumstances as are specified in the

25arrangements;

(c) jointly with any person with whom it can be exercised jointly by

the Welsh Ministers by virtue of subsection (2).

(5) Arrangements under subsection (3) do not prevent the power conferred

by subsection (1) from being exercised by the Welsh Ministers.”

(6) 30In section 92 (joint exercise of functions)—

(a) in subsection (1), for “A funding agency” substitute “The Secretary of

State, HEFCW”;

(b) in subsection (2), omit “the other funding agency,”;

(c) after subsection (2) insert—

“(2A) 35The reference in subsection (1) to the functions of the Secretary

of State is to the functions of the Secretary of State relating to

training for members of the school workforce.”;

(d) omit subsection (3).

(7) In section 93 (efficiency studies)—

(a) 40in subsection (1), for “A funding agency” substitute “The Secretary of

State and HEFCW”;

(b) in subsection (2), for “a funding agency” substitute “the Secretary of

State or HEFCW”;

(c) in subsection (3)(a), for “support under this Part from the Agency”

substitute “assistance under section 14 of the Education Act 2002 from

the Secretary of State”.

(8) For section 94 (duty to provide information) substitute—

“94 5Provision of information

(1) HEFCW may give the Secretary of State information for the purposes

of the exercise of the Secretary of State’s functions relating to training

for members of the school workforce.

(2) The Secretary of State may give HEFCW information for the purposes

10of the exercise of their functions under any enactment.

(3) The persons and bodies mentioned in subsection (4) must—

(a) give the Secretary of State such information as the Secretary of

State may require for the purpose of the exercise of the Secretary

of State’s functions relating to training for members of the

15school workforce;

(b) give HEFCW such information as they may require for the

purpose of the exercise of their functions under any enactment.

(4) The persons and bodies referred to in subsection (3) are—

(a) a person receiving, or who has received or applied for, a grant,

20loan or other payment under section 86, or financial assistance

from the Secretary of State under section 14 of the Education Act

2002;

(b) a local authority.”

(9) In section 100 (interpretation of Part 3)—

(a) 25omit the definitions of “the Agency” and “a funding agency”;

(b) in the definition of “the school workforce”, for “section 75(5)” substitute

“subsection (1A)”;

(c) in the definition of “training provider”, for “has the meaning given by

section 78(3)” substitute “means a person who provides training for

30members of the school workforce”;

(d) after subsection (1) insert-

“(1A) For the purposes of this Part, the school workforce consists of

the following members—

(a) persons who work in schools, and

(b) 35other persons who are teachers or who carry out work

that consists of or includes teaching.”

16 Abolition of the TDA: consequential amendments

(1) Schedule 5 (abolition of the TDA: consequential amendments) has effect.

(2) The Secretary of State may by order make changes in consequence of sections

4014 and 15 to any provision of subordinate legislation made before the date on

which this Act is passed.

(3) The Welsh Ministers may by order make changes in consequence of sections 14

and 15, so far as applicable to Wales, to any provision of—

(a) an instrument made under a Measure of the National Assembly for

Wales before the date on which this Act is passed;

(b) any other subordinate legislation made before the date on which this

Act is passed, so far as applicable to Wales.

(4) 5“Subordinate legislation” has the meaning given by section 21(1) of the

Interpretation Act 1978.

17 Abolition of the TDA: transfer schemes

Schedule 6 (schemes for the transfer of staff, property, rights and liabilities

from the Training and Development Agency for Schools to the Secretary of

10State) has effect.

Abolition of the School Support Staff Negotiating Body

18 Abolition of the School Support Staff Negotiating Body

(1) Sections 227 to 241 of, and Schedule 15 to, ASCLA 2009 (the School Support

Staff Negotiating Body) are repealed.

(2) 15In consequence of subsection (1), in the House of Commons Disqualification

Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), omit “Person

appointed to chair the School Support Staff Negotiating Body.”

Staff: minor amendments

19 Staffing of maintained schools: suspension of delegated budget

(1) 20In section 35 of EA 2002 (staffing of community, voluntary controlled,

community special and maintained nursery schools), in subsection (7) (effect

of suspension of school’s delegated budget), after “the School Standards and

Framework Act 1998” insert “, or section 66 of the Education and Inspections

Act 2006,”.

(2) 25In section 36 of that Act (staffing of foundation, voluntary aided and

foundation special schools), in subsection (7) (effect of suspension of school’s

delegated budget), after “the School Standards and Framework Act 1998”

insert “, or section 66 of the Education and Inspections Act 2006,”.

Part 4 30Qualifications and the Curriculum

International comparison surveys

20 Requirement for schools to participate in international surveys

In Chapter 4 of Part 9 of EA 1996 (provision of information by governing bodies

etc), after section 538, insert—

“538A Power to direct participation in international surveys

The Secretary of State may direct the governing body of a community,

foundation or voluntary school in England to secure that the school

5participates in such international education surveys as may be

specified in the direction.”

Ofqual

21 The Chief Regulator of Qualifications and Examinations

Schedule 7 (the Chief Regulator of Qualifications and Examinations) has effect.

22 10The qualifications standards objective

In section 128 of ASCLA 2009 (Ofqual’s objectives) for subsection (2) (the

qualifications standards objective) substitute—

“(2) The qualifications standards objective is to secure that—

(a) regulated qualifications give a reliable indication of knowledge,

15skills 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)

20between regulated qualifications and comparable

qualifications (including those awarded outside the

United Kingdom) which are not qualifications to which

this Part applies.”

Abolition of the Qualifications and Curriculum Development Agency

23 25Abolition of the Qualifications and Curriculum Development Agency

Sections 175 to 191 of, and Schedule 11 to, ASCLA 2009 (the Qualifications and

Curriculum Development Agency) are repealed.

24 Abolition of the QCDA: consequential amendments

(1) Schedule 8 (abolition of the QCDA: consequential amendments) has effect.

(2) 30The Secretary of State may by order make changes in consequence of section 23

to any provision of subordinate legislation made before the date on which this

Act is passed.

(3) “Subordinate legislation” has the meaning given by section 21(1) of the

Interpretation Act 1978.

25 35Abolition of the QCDA: transfer schemes

Schedule 9 (schemes for the transfer of staff, property, rights and liabilities

from the QCDA to other persons) has effect.

Careers education and guidance

26 Education and training support services in England

(1) Part 2 of ESA 2008 (education and training support services in England) is

amended as set out in subsections (2) to (6).

(2) 5Section 69 (Secretary of State directions in relation to education and training

support services) is repealed.

(3) In consequence of subsection (2)—

(a) in section 68 (provision of support services by local authorities)—

(i) omit subsection (2);

(ii) 10in subsection (3), omit “and section 69”;

(iii) in subsection (4), omit paragraph (a) (and the “and” after it);

(b) in section 70(2) (local authorities: supplementary powers), omit “or 69”;

(c) in section 71(8) (provision of support on conditional basis), for “68(2)

and (4)” substitute “68(4)”.

(4) 15Section 73 (duty on schools and FE institutions to permit access by persons

involved in providing education and training support services) is repealed.

(5) In section 76A (supply of information obtained in connection with education

and training support services), omit subsection (5) (information not to be

disclosed in a way that reveals identity of individual to whom it relates).

(6) 20In consequence of the amendment made by subsection (2), omit section 255(2)

of ASCLA 2009.

27 Careers guidance in schools in England

(1) Part 7 of EA 1997 (careers education and guidance) is amended as set out in

subsections (2) to (8).

(2) 25Before section 43 insert—

“42A Provision 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

30education.

(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

35established 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) 40in 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

5education 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) 10a 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

15majority 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
  
  20issue 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;

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

  (a)

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

  (b)

  if the pupil is taught in different groups for different
  
  subjects, such one of those groups as is designated by
  
  30the 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;

• 35“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).”

(3) In section 43 (careers education in schools)—

(a) 40in 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) 45omit 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) 5in the heading, at the end insert “in Wales”.

(4) 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) 10for 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) 15in 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”.

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

institutions)—