Education Bill (HC Bill 180)

(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).

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.

(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.

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).

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.

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,”.

(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”;

(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.”

(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.

(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”;