Lords Amendments to the Education Bill

Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Education Bill

LORDS amendments to the
Education Bill
[The page and line references are to HL Bill 67, the bill as first printed for the Lords.]
Clause 8
1
Page 12, line 22, leave out “2(3)” and insert “2A”
2
Page 13, leave out lines 32 to 34
3
Page 13, line 42, at end insert—

“Interim prohibition orders

2A  (1)
Regulations under paragraph 1 may make provision for the Secretary of

State to make an interim prohibition order, pending the Secretary of

State’s final decision under section 141B(2).

      (2)
Regulations about interim prohibition orders must provide that an

interim prohibition order may be made only if the Secretary of State

considers that it is necessary in the public interest to do so.

      (3)
Regulations about interim prohibition orders must provide that the

Secretary of State must review an interim prohibition order—

(a)
within six months of the order being made, and

(b)
within each subsequent six month period,


if the person to whom the order relates makes an application to the

Secretary of State for such a review.”
4
Page 14, line 27, leave out “2(3)” and insert “2A”
Clause 13
5
Page 20, line 9, after second “is” insert “or may be”
6
Page 20, line 15, leave out “an appropriate criminal court” and insert “a

magistrates’ court”
7
Page 20, line 20, at end insert “, and

Bill 248 55/1

2

(b)
the victim of the offence to which the allegation relates.”
8
Page 20, line 21, leave out “of a magistrates’ court”
9
Page 20, line 23, leave out “of a magistrates’ court”
10
Page 20, line 37, leave out from “once” to end of line 38 and insert “proceedings for

the offence have been instituted.”
11
Page 21, line 6, at end insert—

“(11A)
The restrictions in subsection (3) also cease to apply if—

(a)
the person who is the subject of the allegation includes a matter in

a publication, or

(b)
another person includes a matter in a publication with the written

consent of the person who is the subject of the allegation;


and, in either case, the inclusion of the matter in the publication would

otherwise be in breach of subsection (3).

(11B)
Written consent is to be ignored for the purposes of subsection (11A)(b) 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.”
12
Page 21, leave out lines 8 to 10
13
Page 21, line 28, at end insert—

“( )
For the purposes of this section, proceedings for an offence are instituted at

the earliest of the following times—

(a)
when a justice of the peace issues a summons or warrant under

section 1 of the Magistrates’ Courts Act 1980 in respect of the

offence;

(b)
when a public prosecutor issues a written charge and requisition in

respect of the offence;

(c)
when a person is charged with the offence after being taken into

custody without a warrant;

(d)
when a bill of indictment is preferred by virtue of section 2(2)(b) of

the Administration of Justice (Miscellaneous Provisions) Act 1933.”
14
Page 22, line 12, leave out “any” and insert “either”
15
Page 22, leave out lines 21 to 26
After Clause 22
16
Insert the following new Clause—

“Enforcement powers

(1)
Part 7 of ASCLA 2009 (the Office of Qualifications and Examinations

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

(2)
In section 151 (power to give directions), for subsection (1) substitute—

“(1)
Subsection (2) applies if it appears to Ofqual that a recognised body

has failed or is likely to fail to comply with a condition to which the

recognition is subject.”

(3)
After section 151 insert—

3

“151A
Power to impose monetary penalties

(1)
Subsection (2) applies if it appears to Ofqual that a recognised body

has failed to comply with a condition to which the recognition is

subject.

(2)
Ofqual may impose a monetary penalty on the recognised body.

(3)
A “monetary penalty” is a requirement to pay to Ofqual a penalty

of an amount determined by Ofqual in accordance with section

151B.

(4)
Before imposing a monetary penalty on a recognised body, Ofqual

must give notice to the body of its intention to do so.

(5)
The notice must—

(a)
set out Ofqual’s reasons for proposing to impose the

penalty, and

(b)
specify the period during which, and the way in which, the

recognised body may make representations about the

proposal.

(6)
The period specified under subsection (5)(b) must not be less than

28 days beginning with the date on which the notice is received.

(7)
Ofqual must have regard to any representations made by the

recognised body during the period specified in the notice in

deciding whether to impose a monetary penalty on the body.

(8)
If Ofqual decides to impose a monetary penalty on the body, it must

give the body a notice containing information as to—

(a)
the grounds for imposing the penalty,

(b)
how payment may be made,

(c)
the period within which payment is required to be made

(which must not be less than 28 days),

(d)
rights of appeal,

(e)
the period within which an appeal may be made, and

(f)
the consequences of non-payment.

151B
Monetary penalties: amount

(1)
The amount of a monetary penalty imposed on a recognised body

under section 151A must not exceed 10% of the body’s turnover.

(2)
The turnover of a body for the purposes of subsection (1) is to be

determined in accordance with an order made by the Secretary of

State.

(3)
Subject to subsection (1), the amount may be whatever Ofqual

decides is appropriate in all the circumstances of the case.

151C
Monetary penalties: appeals

(1)
A recognised body may appeal to the First-tier Tribunal against—

(a)
a decision to impose a monetary penalty on the body under

section 151A;

(b)
a decision as to the amount of the penalty.

(2)
An appeal under this section may be made on the grounds—

4

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(c)
that the decision was unreasonable.

(3)
The requirement to pay the penalty is suspended pending the

determination of an appeal under this section.

(4)
On an appeal under this section the Tribunal may—

(a)
withdraw the requirement to pay the penalty;

(b)
confirm that requirement;

(c)
vary that requirement;

(d)
take such steps as Ofqual could take in relation to the failure

to comply giving rise to the decision to impose the

requirement;

(e)
remit the decision whether to confirm the requirement to

pay the penalty, or any matter relating to that decision, to

Ofqual.

151D
Monetary penalties: interest and recovery

(1)
This section applies if all or part of a monetary penalty imposed on

a recognised body is unpaid at the end of the period ending on the

applicable date.

(2)
The applicable date is—

(a)
the last date on which the recognised body may make an

appeal under section 151C in respect of the penalty, if no

such appeal is made;

(b)
if an appeal under section 151C in respect of the penalty is

made—

(i)
the date on which the appeal is determined, or

(ii)
if the appeal is withdrawn before being determined,

the date on which the appeal is withdrawn.

(3)
The unpaid amount of the penalty for the time being carries interest

at the rate for the time being specified in section 17 of the Judgments

Act 1838 (and does not also carry interest as a judgment debt under

that section).

(4)
The total amount of interest imposed under subsection (3) must not

exceed the amount of the penalty.

(5)
Ofqual may recover from the body, as a civil debt due to it, the

unpaid amount of the penalty and any unpaid interest.”

(4)
In section 152 (power to withdraw recognition), for subsection (2)

substitute—

“(2)
Ofqual may withdraw recognition from the recognised body in

respect of the award or authentication of—

(a)
a specified qualification or description of qualification in

respect of which the body is recognised, or

(b)
every qualification or description of qualification in respect

of which the body is recognised.”

(5)
After section 152 insert—