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)—

(a) 20in 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) 25It 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
30training”” substitute “and “careers education””.

(6) 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) 35in the heading, at the end insert “: schools in England”.

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

(8) In section 46—

(a) in subsection (1), for the words from “43” to “44(10)(a)(i)” substitute
40“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) 45the governing bodies of institutions in England within
the further education sector, and