2012248.12-18

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Education Bill

12

(7)
In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for

subsection (2)(b) substitute—

“(b)
any other person or body.””
Clause 37
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.”
Clause 39
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

legislation)—

(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

House of Parliament.””
Clause 41
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

regulations)—

(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

under that subsection.”;

(c)
in subsection (3), after paragraph (a) insert—

“(aa)
regulations to which subsection (2A) applies,”.”

13

Clause 52
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”
33
Page 43, line 41, after “Academies” insert “or a description of alternative provision

Academy”
After Clause 56
34
Insert the following new Clause—

“Academy orders: local authority powers

In section 6 of AA 2010 (effect of Academy order), after subsection (2)

insert—

“(2A)
Subsection (2) does not prohibit the local authority from providing

financial or other assistance in respect of the Academy, including

by—

(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.””
Clause 62
35
Page 50, line 33, leave out paragraph (b)
After Clause 67
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

as follows.

(2)
In section 85 (encouragement of training provision etc for persons within

section 83)—

(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”.

14

(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

85(1)(a).”
After Clause 71
37
Insert the following new Clause—

“Direct payments: persons with special educational needs or subject to learning

difficulty assessment

(1)
In Chapter 2 of Part 9 of EA 1996 (ancillary functions of local authorities)

after section 532 insert—

“Direct payments

532A
Persons with special educational needs or subject to learning

difficulty assessment

(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

beneficiary”)—

(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

authority.


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

educational needs;

(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.

532B
Pilot schemes

(1)
The Secretary of State may by order make pilot schemes in

accordance with which direct payments may be made under

section 532A.

(2)
Subject to the following provisions of this section, a pilot scheme

may include such provision as the Secretary of State thinks

appropriate.

15

(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

not) be made;

(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

payment is made;

(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

making direct payments;

(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

with direct payments;

(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

making the payment;

(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

treated in that way—

(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—

16

(a)
section 324(5)(a)(i) (duty to arrange special educational

provision specified in statement of special educational

needs);

(b)
section 508B(1) (duty to make travel arrangements for

eligible children);

(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

specify—

(a)
the local authorities in respect of which the scheme

operates, and

(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

passed.”
Clause 78
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—

17

“( )
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)”
Schedule 1
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

review panel”.”
Schedule 10
45
Page 84, leave out lines 9 and 10
46
Page 84, line 39, leave out paragraph 5
Schedule 12
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

4, and

(b)
subject to that, may make such other provision as may be

necessary or desirable.

18

(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

4, and

(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

government.

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

as they think fit.

(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

corporation.

(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

Ministers must consult—

(a)
the further education corporation or (as the case may be)

each further education corporation to which the order

relates, and

(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.