|
|
| |
| | |
|
| (7) | In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for |
|
| subsection (2)(b) substitute— |
|
| “(b) | any other person or body.”” |
|
|
24 | Page 34, line 23, at end insert— |
|
| “(ba) | a person elected as a staff governor, |
|
| (bb) | a person appointed as a local authority governor,” |
|
25 | Page 34, line 30, at end insert— |
|
| “(4ZA) | Regulations made by virtue of subsection (3)(c) in relation to a maintained |
|
| school in England may include provision for eligibility criteria for the |
|
| school’s local authority governor to be such as may be specified by the |
|
| school’s governing body.” |
|
|
26 | Page 35, line 9, leave out “follows” and insert “set out in subsections (2) to (8)” |
|
27 | Page 36, line 16, at end insert— |
|
| “(9) | In section 121 of EA 2005 (parliamentary control of subordinate |
|
| |
| (a) | in subsection (2)(a), after “subsection” insert “(2A) or”; |
|
| (b) | after subsection (2) insert— |
|
| “(2A) | This subsection applies to regulations under section 5(4A) |
|
| (power to prescribe schools exempt from inspection), apart |
|
| from the first regulations to be made under that subsection. |
|
| (2B) | A statutory instrument which contains (whether alone or |
|
| with other provisions) regulations to which subsection (2A) |
|
| applies may not be made unless a draft of the instrument |
|
| has been laid before, and approved by a resolution of, each |
|
| |
|
28 | Page 36, line 42, leave out “follows” and insert “set out in subsections (2) to (10)” |
|
29 | Page 37, line 32, at end insert— |
|
| “(11) | In section 182 of EIA 2006 (parliamentary control of orders and |
|
| |
| (a) | in subsection (2), after paragraph (a) insert— |
|
| “(aa) | regulations to which subsection (2A) applies,”; |
|
| (b) | after subsection (2) insert— |
|
| “(2A) | This subsection applies to regulations made under section |
|
| 125(1A) (power to prescribe institutions exempt from |
|
| inspection), apart from the first regulations to be made |
|
| |
| (c) | in subsection (3), after paragraph (a) insert— |
|
| “(aa) | regulations to which subsection (2A) applies,”.” |
|
|
|
| |
| | |
|
|
30 | Page 42, line 32, leave out “and” |
|
31 | Page 42, line 34, at end insert “, and |
|
| ( ) | it is not an alternative provision Academy (see section 1C).” |
|
32 | Page 43, line 36, at end insert “or without” |
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33 | Page 43, line 41, after “Academies” insert “or a description of alternative provision |
|
| |
|
34 | Insert the following new Clause— |
|
| “Academy orders: local authority powers |
|
| In section 6 of AA 2010 (effect of Academy order), after subsection (2) |
|
| |
| “(2A) | Subsection (2) does not prohibit the local authority from providing |
|
| financial or other assistance in respect of the Academy, including |
|
| |
| (a) | making payments in respect of some (but not all) of the |
|
| expenses of maintaining the Academy, |
|
| (b) | providing premises, goods or services for the Academy, or |
|
| (c) | making premises, goods or services available to be used for |
|
| the purposes of the Academy.”” |
|
|
35 | Page 50, line 33, leave out paragraph (b) |
|
|
36 | Insert the following new Clause— |
|
| “Securing the provision of apprenticeship training |
|
| (1) | Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended |
|
| |
| (2) | In section 85 (encouragement of training provision etc for persons within |
|
| |
| (a) | for subsection (1)(a) substitute— |
|
| “(a) | make reasonable efforts to secure that employers |
|
| participate in the provision of apprenticeship |
|
| training for all persons who are within section |
|
| 83(1)(a) or (b) or section 83A(4), (5) or (6);”; |
|
| (b) | in subsection (1)(b), for “training within the Chief Executive’s |
|
| remit” substitute “apprenticeship training”; |
|
| (c) | in subsection (2), after “provision of” insert “apprenticeship”; |
|
| (d) | in the heading, for “Encouragement of training provision etc for |
|
| persons within section 83” substitute “Provision of apprenticeship |
|
| training etc for persons within section 83 or 83A”. |
|
|
|
| |
| | |
|
| (3) | In section 118 (guidance by Secretary of State), after subsection (1) insert— |
|
| “(1A) | Guidance under this section must include guidance about the |
|
| performance by the Chief Executive of the duty imposed by section |
|
| |
|
37 | Insert the following new Clause— |
|
| “Direct payments: persons with special educational needs or subject to learning |
|
| |
| (1) | In Chapter 2 of Part 9 of EA 1996 (ancillary functions of local authorities) |
|
| after section 532 insert— |
|
| |
| 532A | Persons with special educational needs or subject to learning |
|
| |
| (1) | A local authority in England may make a payment (a “direct |
|
| payment”) for the purpose of securing the provision of any goods |
|
| and services mentioned in subsection (2) to a person (“the |
|
| |
| (a) | for whom the authority maintain a statement of special |
|
| educational needs under section 324, or |
|
| (b) | who is subject to learning difficulty assessment by the |
|
| |
| | This power is subject to subsection (3). |
|
| (2) | The goods and services referred to in subsection (1) are— |
|
| (a) | where the beneficiary is within subsection (1)(a), special |
|
| educational provision specified in the statement of special |
|
| |
| (b) | where the beneficiary is within subsection (1)(b) and the |
|
| authority have arranged for an assessment to be conducted |
|
| under section 139A of the Learning and Skills Act 2000, |
|
| provision identified in the assessment as required to meet |
|
| the beneficiary’s educational and training needs; |
|
| (c) | transport or anything else that may be the subject of |
|
| arrangements under section 508B(1), 508F(1) or 509AA(7)(b) |
|
| that apply in relation to the beneficiary. |
|
| (3) | A direct payment may be made only in accordance with a pilot |
|
| scheme made under section 532B. |
|
| |
| (1) | The Secretary of State may by order make pilot schemes in |
|
| accordance with which direct payments may be made under |
|
| |
| (2) | Subject to the following provisions of this section, a pilot scheme |
|
| may include such provision as the Secretary of State thinks |
|
| |
|
|
| |
| | |
|
| (3) | A pilot scheme must include provision about— |
|
| (a) | circumstances in which, and the descriptions of goods and |
|
| services in respect of which, direct payments may (or may |
|
| |
| (b) | descriptions of persons to or in respect of whom direct |
|
| payments may (or may not) be made; |
|
| (c) | conditions with which a local authority must comply before, |
|
| after or at the time of making a direct payment; |
|
| (d) | conditions with which a person to or in respect of whom a |
|
| direct payment is or may be made may be required by a |
|
| local authority to comply before, after or at the time the |
|
| |
| (e) | the principles by reference to which the amount of a direct |
|
| payment is to be calculated; |
|
| (f) | circumstances in which a local authority may or must stop |
|
| |
| (g) | circumstances in which a local authority may or must |
|
| require all or part of a direct payment to be repaid, by the |
|
| person to whom the payment is made or otherwise; |
|
| (h) | the monitoring of the making of direct payments, of their |
|
| use by the persons to whom they are made or of the goods |
|
| and services they are used to secure; |
|
| (i) | the arrangements to be made by a local authority for |
|
| providing persons to or in respect of whom direct payments |
|
| are made with information, advice or support in connection |
|
| |
| (j) | treating such support to any extent as goods or services in |
|
| respect of which direct payments may be made. |
|
| (4) | The conditions referred to in subsection (3)(c)— |
|
| (a) | must include a requirement to obtain the written consent of |
|
| the person to whom a direct payment is to be made before |
|
| |
| (b) | may include a requirement to obtain the written consent of |
|
| one or more other persons before making a direct payment. |
|
| (5) | The circumstances referred to in subsection (3)(f) in which a local |
|
| authority must stop making direct payments must include where |
|
| the consent required by virtue of subsection (4)(a), or any consent |
|
| required by virtue of subsection (4)(b), is withdrawn. |
|
| (6) | A pilot scheme must include provision for a sum required to be |
|
| repaid to a local authority by virtue of the scheme to be recoverable |
|
| as a debt due to the authority. |
|
| (7) | A pilot scheme may provide for paid-for goods and services to be |
|
| treated as goods and services provided or arranged by a local |
|
| authority in pursuance of a statutory duty specified in the scheme. |
|
| (8) | A pilot scheme may provide for paid-for goods and services to be |
|
| |
| (a) | to the extent set out in the scheme, and |
|
| (b) | subject to any conditions set out in the scheme. |
|
| (9) | The only statutory duties that may be specified are— |
|
|
|
| |
| | |
|
| (a) | section 324(5)(a)(i) (duty to arrange special educational |
|
| provision specified in statement of special educational |
|
| |
| (b) | section 508B(1) (duty to make travel arrangements for |
|
| |
| (c) | section 508F(1) (duty to make arrangements for provision of |
|
| transport etc for adult learners); |
|
| (d) | section 509AA(7)(b) (duty to make, and secure that effect is |
|
| given to, arrangements for provision of transport etc for |
|
| persons of sixth form age). |
|
| (10) | “Paid-for goods and services” are goods and services acquired by |
|
| means of a direct payment. |
|
| 532C | Pilot schemes: local authorities and duration |
|
| (1) | An order under section 532B(1) making a pilot scheme must |
|
| |
| (a) | the local authorities in respect of which the scheme |
|
| |
| (b) | the period for which the scheme has effect. |
|
| (2) | The period specified under subsection (1)(b) must not exceed two |
|
| years, subject to subsection (3). |
|
| (3) | An order under section 532B(1) may extend the period for which a |
|
| pilot scheme has effect, subject to subsection (4). |
|
| (4) | The period for which a pilot scheme has effect may not be extended |
|
| so as to end after the end of the relevant four year period. |
|
| (5) | “The relevant four year period” is the period of four years |
|
| beginning with the day on which the Education Act 2011 is passed.” |
|
| (2) | In section 568 of EA 1996 (orders)— |
|
| (a) | in subsection (3), after “other than” insert “an order to which |
|
| subsection (3A) applies or”; |
|
| (b) | after subsection (3) insert— |
|
| “(3A) | A statutory instrument which contains (alone or with other |
|
| provision) an order under section 532B(1) (direct payments: |
|
| pilot schemes) may not be made unless a draft of the |
|
| instrument has been laid before, and approved by a |
|
| resolution of, each House of Parliament.” |
|
| (3) | The provisions inserted into EA 1996 by subsections (1) and (2) are repealed |
|
| at the end of four years beginning with the day on which this Act is |
|
| |
|
38 | Page 57, line 39, leave out “(8)” and insert “(9)” |
|
39 | Page 57, line 41, leave out “, (9) and (10)” and insert “and (9) to (11)” |
|
40 | Page 57, line 41, at end insert— |
|
| “( ) | section (Academy orders: local authority powers);” |
|
41 | Page 57, line 41, at end insert— |
|
|
|
| |
| | |
|
| “( ) | section (Direct payments: persons with special educational needs or |
|
| subject to learning difficulty assessment);” |
|
42 | Page 58, line 7, leave out paragraph (c) |
|
43 | Page 58, line 15, leave out “section 67” and insert “sections 67 and (Securing the |
|
| provision of apprenticeship training)” |
|
|
44 | Page 59, line 18, at end insert— |
|
| “ | In section 31A of that Act (consideration of adverse reports), in |
|
| subsection (3)(c), for “exclusion appeal panel” substitute “exclusion |
|
| |
|
45 | Page 84, leave out lines 9 and 10 |
|
46 | Page 84, line 39, leave out paragraph 5 |
|
|
47 | Page 89, line 38, at end insert— |
|
| “ | After section 16 insert— |
|
| “16A | Publication of proposals |
|
| (1) | The appropriate authority may not make an order under section |
|
| 16(1) or (3) unless the authority has published a draft of the |
|
| proposed order, or of an order in substantially the same form, by |
|
| such time and in such manner as may be prescribed. |
|
| (2) | A draft proposal or order in respect of an institution which is |
|
| maintained by a local authority may not be published without |
|
| the consent of the governing body and the local authority. |
|
| (3) | In this section “the appropriate authority” means— |
|
| (a) | in relation to a proposal or order in respect of an |
|
| institution in England, the Secretary of State; |
|
| (b) | in relation to a proposal or order in respect of an |
|
| institution in Wales, the Welsh Ministers.”” |
|
48 | Page 89, line 40, at end insert— |
|
| “( ) | In subsection (4)(c), for “27” substitute “27C or 33P” |
|
49 | Page 90, line 18, at end insert— |
|
| “ | In section 20 (constitution of further education corporation and conduct |
|
| of further education institution), for subsection (2) substitute— |
|
| “(2) | Instruments of government and articles of government of further |
|
| education corporations in England— |
|
| (a) | must comply with the requirements of Part 2 of Schedule |
|
| |
| (b) | subject to that, may make such other provision as may be |
|
| |
|
|
| |
| | |
|
| (2A) | Instruments of government and articles of government of further |
|
| education corporations in Wales— |
|
| (a) | must comply with the requirements of Part 3 of Schedule |
|
| |
| (b) | subject to that, may make any provision authorised to be |
|
| made by that Part of that Schedule and such other |
|
| provision as may be necessary or desirable.” |
|
| | For section 22 substitute— |
|
| “22 | Subsequent instruments and articles: England |
|
| A further education corporation in England may modify or |
|
| replace their instrument of government or articles of |
|
| |
| 22ZA | Subsequent instruments and articles: Wales |
|
| (1) | Subject to subsections (2) and (3), the Welsh Ministers may— |
|
| (a) | if a further education corporation in Wales submits a |
|
| draft of an instrument of government to have effect in |
|
| place of their existing instrument, by order make a new |
|
| instrument of government in the terms of the draft or in |
|
| such terms as they think fit, and |
|
| (b) | if such a corporation submits draft modifications of an |
|
| instrument made under paragraph (a), by order modify |
|
| the instrument in the terms of the draft or in such terms |
|
| |
| (2) | The Welsh Ministers must not make a new instrument otherwise |
|
| than in the terms of the draft, or modify the instrument otherwise |
|
| than in the terms of the draft, unless they have consulted the |
|
| |
| (3) | If the institution conducted by a further education corporation |
|
| mainly serves the population of England, or receives financial |
|
| support from the Chief Executive of Skills Funding, the Welsh |
|
| Ministers must consult the Chief Executive of Skills Funding |
|
| before making an order under subsection (1). |
|
| (4) | The Welsh Ministers may by order modify, replace or revoke any |
|
| instrument of government or articles of government of any |
|
| further education corporation in Wales. |
|
| (5) | An order under subsection (4) may relate to all further education |
|
| corporations in Wales, to any category of such corporations |
|
| specified in the order or to any such corporation so specified. |
|
| (6) | Before making an order under subsection (4), the Welsh |
|
| |
| (a) | the further education corporation or (as the case may be) |
|
| each further education corporation to which the order |
|
| |
| (b) | the Chief Executive of Skills Funding, if the institution |
|
| conducted by the corporation or (as the case may be) any |
|
| corporation to which the order relates mainly serves the |
|
| population of England, or receives financial support from |
|
| the Chief Executive of Skills Funding. |
|
|