Coronavirus Bill (HC Bill 122)

(b) requires that body or institution to take steps specified in the
direction in connection with the provision, for a specified period,
of—

(i) education, training or childcare,

(ii) 5services relating to education, training or childcare, or

(iii) ancillary services or facilities.

(3) Before giving a direction under this paragraph, the Secretary of State—

(a) must have regard to any advice from the Chief Medical Officer or
one of the Deputy Chief Medical Officers of the Department of
10Health and Social Care relating to the incidence or transmission of
coronavirus, and

(b) must be satisfied that giving the direction is a necessary and
proportionate action for or in connection with the continued
provision of anything mentioned in sub-paragraph (2)(b)(i) to (iii) for
15the specified period for one or more persons.

(4) A temporary continuity direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the
taking of particular steps that the Secretary of State considers
reasonable, in relation to any of the matters mentioned in the
20following paragraphs;

(b) require a relevant institution to open, to stay open, to re-open, or to
open at times when it would not usually be open;

(c) require a relevant institution to provide education, training or
childcare, services relating to education, training or childcare or
25ancillary services or facilities;

(d) require a relevant institution to allow specified persons to attend that
institution for the purpose of receiving education, training or
childcare, services relating to education, training or childcare or
ancillary services or facilities, provided by or on behalf of that
30institution;

(e) require the alteration of term dates;

(f) require a relevant institution to provide or make arrangements for
the provision of transport or other services relating to the provision
of education, training or childcare or to ancillary services or facilities;

(g) 35make different provision for different purposes, or be framed by
reference to whatever matters the Secretary of State considers
appropriate;

(h) make transitional, transitory or saving provision;

(i) make such other provision as the Secretary of State considers
40appropriate in connection with the giving of the direction.

(5) Where a temporary continuity direction under this paragraph applies to a
relevant institution—

(a) any FE funding agreement in respect of that institution has effect,
and

(b) 45any Academy arrangements in respect of that institution or its
responsible body have effect,

subject to any modifications necessary to enable the direction to be complied
with.

(6) The duty of a responsible body or relevant institution to which a temporary
50continuity direction is given under this paragraph to comply with the

direction is enforceable against the body or (as the case may be) institution
by the Secretary of State making an application to the High Court or the
county court for an injunction.

(7) An application made under sub-paragraph (6) may be made without notice
being given to the responsible body or relevant institution.

(8) 5In this paragraph—

• “Academy arrangements” has the meaning given by section 1(2) of the
  Academies Act 2010;

• “ancillary services or facilities” means services or facilities that are
  arranged or provided for those attending a relevant institution to
  10receive education, training or childcare (including residential
  accommodation, meals, laundry facilities, medical services, advice
  and pastoral support);

• “childcare” has the same meaning as in section 18 of the Childcare Act
  2006;

• 15“FE funding agreement” means an agreement, in respect of education
  or training to which Chapter 3 of Part 8 of the Education and
  Inspections Act 2006 applies, that is entered into between—

  (a)

  the Secretary of State, a local authority or a combined
  authority established under section 103 of the Local
  20Democracy, Economic Development and Construction Act
  2009, and

  (b)

  a relevant institution,

  but does not include an agreement that is Academy arrangements;

• “local authority” has the same meaning as in section 579(1) of the
  25Education Act 1996;

• “registered childcare provider” means a person who provides childcare
  and is registered under Part 3 of the Childcare Act 2006, but does not
  include early years childminders or later years childminders within
  the meaning of section 96 of that Act;

• 30“relevant institution” means—

  (a)

  a registered childcare provider;

  (b)

  a school;

  (c)

  a 16 to 19 Academy, within the meaning of section 1B of the
  Academies Act 2010;

  (d)

  35an institution within the further education sector, within the
  meaning of section 91(3) of the Further and Higher Education
  Act 1992;

  (e)

  a provider of post-16 education or training—

  (i)

  to which Chapter 3 of Part 8 of the Education and
  40Inspections Act 2006 applies, and

  (ii)

  in respect of which funding is provided by, or under,
  arrangements made by the Secretary of State, a local
  authority or a combined authority established under
  section 103 of the Local Democracy, Economic
  45Development and Construction Act 2009,

  but does not include an employer who is a provider by
  reason only of the employer providing such education or
  training to its employees;

  (f)

  a higher education provider within the meaning of section
  5083(1) of the Higher Education and Research Act 2017;

  Coronavirus BillPage 161

  (g)

  a provider of higher education within the meaning of section
  83(1) of that Act which is not an institution (within the
  meaning of that section) whether or not it is designated under
  section 84 of that Act;

  (h)

  5a local authority;

• “responsible body” means—

  (a)

  in relation to a school or a 16 to 19 Academy, the proprietor,
  within the meaning of section 579(1) of the Education Act
  1996;

  (b)

  10in relation to an institution within the further education
  sector, the governing body within the meaning of section
  90(1) of the Further and Higher Education Act 1992;

  (c)

  in relation to a provider of post-16 education or training, the
  person with legal responsibility and accountability for the
  15provider;

  (d)

  in relation to a higher education provider within the meaning
  of section 83(1) of the Higher Education and Research Act
  2017 or a provider of higher education designated under
  section 84 of that Act, the governing body within the meaning
  20of section 85(1) of that Act;

  (e)

  in relation to any other provider of higher education not
  mentioned in paragraph (d), any person responsible for the
  management of the provider;

• “school” has the same meaning as in the Education Act 1996 (see section
  254 of that Act);

• “specified” means specified, or falling within a description specified, in
  a temporary continuity direction under this paragraph.

Temporary continuity directions: Wales

2 (1) The Welsh Ministers may give a temporary continuity direction that applies
30to—

(a) one or more named relevant institutions in Wales;

(b) all relevant institutions in Wales (or any part of Wales);

(c) relevant institutions in Wales (or any part of Wales) of a particular
description.

(2) 35A temporary continuity direction is a direction that—

(a) is given—

(i) to the responsible body in relation to a relevant institution, or

(ii) in the case of a relevant institution without a responsible
body, to the institution, and

(b) 40requires that body or institution to take steps specified in the
direction in connection with the provision, for a specified period,
of—

(i) education, training or childcare,

(ii) services relating to education, training or childcare, or

(iii) 45ancillary services or facilities.

(3) Before giving a direction under this paragraph, the Welsh Ministers—

(a) must have regard to any advice from the Chief Medical Officer for
Wales or one of the Deputy Chief Medical Officers for Wales relating
to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and
5proportionate action for or in connection with the continued
provision of anything mentioned in sub-paragraph (2)(b)(i) to (iii) for
the specified period for one or more persons.

(4) A temporary continuity direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the
10taking of particular steps that the Welsh Ministers consider
reasonable, in relation to any of the matters mentioned in the
following paragraphs;

(b) require a relevant institution to open, to stay open, to re-open, or to
open at times when it would not usually be open;

(c) 15require a relevant institution to provide education, training or
childcare, services relating to education, training or childcare or
ancillary services or facilities;

(d) require a relevant institution to allow specified persons to attend that
institution for the purpose of receiving education, training or
20childcare, services relating to education, training or childcare or
ancillary services or facilities, provided by or on behalf of that
institution;

(e) require the alteration of term dates;

(f) require a relevant institution to provide or make arrangements for
25the provision of transport or other services relating to the provision
of education, training or childcare or to ancillary services or facilities;

(g) make different provision for different purposes, or be framed by
reference to whatever matters the Welsh Ministers consider
appropriate;

(h) 30make transitional, transitory or saving provision;

(i) make such other provision as the Welsh Ministers consider
appropriate in connection with the giving of the direction.

(5) The duty of a responsible body or relevant institution to which a temporary
continuity direction is given under this paragraph to comply with the
35direction is enforceable against the body or (as the case may be) institution
by the Welsh Ministers making an application to the High Court or the
county court for an injunction.

(6) An application made under sub-paragraph (5) may be made without notice
being given to the relevant institution or responsible body.

(7) 40In this paragraph—

• “ancillary services or facilities” means services or facilities that are
  arranged or provided for those attending a relevant institution to
  receive education, training or childcare (including residential
  accommodation, meals, laundry facilities, medical services, advice,
  45and pastoral support);

• “childcare” means anything which amounts to child minding or day
  care for children for the purposes of Part 2 of the Children and
  Families (Wales) Measure 2010 (nawm 1) (see section 19(2) to (4) of
  that Measure);

Coronavirus BillPage 163

• “local authority” means a county council in Wales or a county borough
  council;

• “registered childcare provider” means a person who provides childcare
  and is registered under Part 2 of the Children and Families (Wales)
  5Measure 2010, but does not include a childminder who is registered
  to provide childcare on domestic premises;

• “relevant institution” means—

  (a)

  a registered childcare provider;

  (b)

  a school;

  (c)

  10an institution within the further education sector, within the
  meaning of section 91(3) of the Further and Higher Education
  Act 1992;

  (d)

  an institution within the higher education sector within the
  meaning of section 91(5) of that Act;

  (e)

  15a provider of education or training within the meaning of
  section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and
  Skills Act 2000 that—

  (i)

  is not an institution within the meaning of paragraph
  (c) or (d), and

  (ii)

  20is in receipt of funding for provision of that education
  or training from the Welsh Ministers or a local
  authority;

  but does not include an employer who is a provider by
  reason only of the employer providing such education or
  25training to its employees;

  (f)

  a provider of a course of education within the meaning of
  Schedule 6 to the Education Reform Act 1988 that is not an
  institution within the meaning of paragraph (c) or (d);

  (g)

  a local authority;

• 30“responsible body” means—

  (a)

  in relation to a school, the proprietor, within the meaning of
  section 579(1) of the Education Act 1996;

  (b)

  in relation to an institution within paragraph (c) or (d) of the
  definition of “relevant institution”, the governing body
  35within the meaning of section 90(1) of the Further and Higher
  Education Act 1992;

  (c)

  in relation to a provider within paragraph (e) or (f) of that
  definition, the person with legal responsibility and
  accountability for the provider;

• 40“school” has the same meaning as in the Education Act 1996 (see section
  4 of that Act);

• “specified” means specified, or falling within a description specified, in
  a temporary continuity direction under this paragraph.

Temporary continuity directions: authorisations

3 (1) 45The Secretary of State may—

(a) authorise a local authority to exercise any of the Secretary of State’s
functions under paragraph 1 in relation to one or more of the
following—

(i) a registered childcare provider in the local authority’s area;

(ii) 50a school in its area;

(iii) a 16 to 19 Academy, within the meaning of section 1B of the
Academies Act 2010, in its area;

(b) authorise the Office for Students to exercise any of the Secretary of
State’s functions under paragraph 1 in relation to one or more
5registered higher education providers within the meaning of section
3(10)(a) of the Higher Education and Research Act 2017.

(2) The Welsh Ministers may—

(a) authorise a local authority to exercise any of the Welsh Ministers’
functions under paragraph 2 in relation to one or more of the
10following—

(i) a registered childcare provider in the local authority’s area;

(ii) a school in its area;

(b) authorise the Higher Education Funding Council for Wales to
exercise any of the Welsh Ministers’ functions under paragraph 2 in
15relation to one or more of the following—

(i) an institution within the higher education sector within the
meaning of section 91(5) of the Further and Higher Education
Act 1992;

(ii) a provider of a course of education within the meaning of
20Schedule 6 to the Education Reform Act 1988 which is not an
institution within sub-paragraph (i).

(3) An authorisation granted under this paragraph may be subject to the
fulfilment of such terms and conditions as are specified in the authorisation.

(4) In this paragraph—

(a) 25in relation to England, “local authority” has the same meaning as in
section 579(1) of the Education Act 1996, and

(b) in relation to Wales, “local authority” means a county council in
Wales or a county borough council.

Publication, duration and guidance in relation to temporary continuity directions

4 (1) 30Subject to sub-paragraph (2), the appropriate authority must publish a
temporary continuity direction under paragraph 1 or 2.

(2) Where a direction relates to a person specified by name—

(a) the appropriate authority must give a copy of the direction to that
person, and

(b) 35the published version of the direction must not identify any
individual without their consent.

(3) A temporary continuity direction under paragraph 1 or 2 has effect until the
earlier of—

(a) the end of the period specified under paragraph 1(2)(b) or 2(2)(b) (as
40the case may be), or

(b) the revocation of the direction by a further direction given by the
appropriate authority under the same paragraph.

(4) A person to whom a temporary continuity direction under paragraph 1 or 2
is given must have regard to any guidance given by the appropriate
45authority about how to comply with a direction given by that authority
under that paragraph.

(5) In this paragraph, subject to sub-paragraph (6), “appropriate authority”
means—

(a) the Secretary of State (in relation to a direction given under
paragraph 1);

(b) 5the Welsh Ministers (in relation to a direction given under paragraph
2).

(6) Where a person gives a direction by virtue of an authorisation under
paragraph 3, “the appropriate authority”—

(a) in sub-paragraphs (1), (2) and (4), means that person, and

(b) 10in sub-paragraph (3)(b), includes that person.

Notices temporarily removing or relaxing statutory provisions etc: England

5 (1) The Secretary of State may by notice make provision in relation to
England—

(a) disapplying, for a specified period, any enactment listed in sub-
15paragraph (5) or any similar Academy arrangements provision;

(b) modifying, for a specified period—

(i) any enactment listed in the table in sub-paragraph (6), in the
manner described in that table, or

(ii) any similar Academy arrangements provision in the
20corresponding manner.

(2) A notice under sub-paragraph (1) may limit the disapplication or
modification of a provision by reference to—

(a) a specified person or description of persons;

(b) a specified area;

(c) 25any other matter.

(3) A notice under sub-paragraph (1) may also make such consequential
modifications of any other enactment, for the specified period, as the
Secretary of State considers appropriate.

(4) A notice under sub-paragraph (1) must state why the Secretary of State
30considers that the issuing of the notice is an appropriate and proportionate
action in all the circumstances relating to the incidence or transmission of
coronavirus.

(5) This is the list referred to in sub-paragraph (1)(a)—

(a) section 512(3)(b) and (c)(ii) of the Education Act 1996 (provision of
35school meals);

(b) sections 437, 443 and 444(1) and (1A) of that Act (provisions relating
to attendance at school);

(c) section 87 of the School Standards and Framework Act 1998 (no
requirement to admit children permanently excluded from two or
40more schools);

(d) section 1(6) of the Care Standards Act 2000 (which provides that a
school is a “children’s home” in specified circumstances);

(e) section 5(1), 13(2)(b), 15(3), 17(2), 48(3) and 49(1) and (2) of the
Education Act 2005 (provisions relating to inspections);

(f) 45section 1A(1)(b) of the Academies Act 2010 (requirement for
academy to have broad and balanced curriculum);

(g) section 43 of the Children and Families Act 2014 (schools and other
institutions named in EHC plan: duty to admit);

(h) section 44(1) of that Act (reviews and re-assessments).

(6) This is the table referred to in sub-paragraph (1)(b)—

(7) The specified period in a notice under sub-paragraph (1) must not exceed
one month.

(8) 65The Secretary of State may by notice (a “cancellation notice”) cancel a notice
under sub-paragraph (1) with effect from the time specified in the
cancellation notice.

(9) A cancellation notice may contain transitional or saving provision.

(10) Where a notice under sub-paragraph (1) modifies section 124(2) or 125(2) of
70the Education and Skills Act 2008 in the manner specified in the table in sub-
paragraph (6), that modification continues to have effect in relation to any
decision notice served during the specified period in the notice (except that
if the notice is cancelled, that specified period is treated as having ended at
the time the cancellation of the notice takes effect under sub-paragraph (8)).

(11) Nothing in sub-paragraph (7) or (8) prevents the making of a further notice
in relation to any provision.

(12) Subject to sub-paragraph (13), the Secretary of State must—

(a) publish a notice under this paragraph, and

(b) 5take such other steps as the Secretary of State considers reasonable to
bring the notice to the attention of those persons likely to be affected
by it.

(13) Where the notice relates to a person specified by name—

(a) the Secretary of State must give a copy of the notice to that person,
10and

(b) the published version of the notice must not identify any individual
without their consent.

(14) In this paragraph—

• “Academy arrangements” has the meaning given by section 1(2) of the
  15Academies Act 2010;

• “enactment” includes an enactment comprised in subordinate
  legislation (within the meaning of the Interpretation Act 1978), and
  includes an enactment whenever passed or made;

• “similar Academy arrangements provision” means—

  (a)

  20for the purposes of sub-paragraph (1)(a) any provision of
  Academy arrangements which is similar to any enactment
  listed in sub-paragraph (5), and

  (b)

  for the purposes of sub-paragraph (1)(b) any provision of
  Academy arrangements which is similar to any enactment
  25listed in the table in sub-paragraph (6);

• “specified”, in relation to a notice under sub-paragraph (1), means
  specified in the notice.

6 (1) The Secretary of State may by regulations amend the list in paragraph 5(5)
or the table in paragraph 5(6) so as to add an enactment relating (directly or
30indirectly) to children, education or training, or to vary or remove an entry.

(2) The power to make regulations under this paragraph is exercisable by
statutory instrument.

(3) Regulations under this paragraph may—

(a) make different provision for different purposes;

(b) 35contain transitional, transitory or saving provision.

(4) A statutory instrument containing regulations under this paragraph must be
laid before Parliament as soon as reasonably practicable after being made.

(5) Regulations contained in an instrument laid before Parliament by virtue of
sub-paragraph (4) cease to have effect at the end of the period of 40 days
40beginning with the day on which the instrument is made, unless within that
period the instrument is approved by a resolution of each House of
Parliament.

(6) In calculating the period of 40 days, no account is to be taken of any time
during which—

(a) 45Parliament is dissolved or prorogued, or

(b) both Houses of Parliament are adjourned for more than 4 days.

(7) Where regulations cease to have effect as a result of sub-paragraph (5), that
does not—

(a) subject to sub-paragraph (8), affect anything previously done under
or by virtue of the regulations, or

(b) 5prevent the making of new regulations.

(8) Where a notice has been given under paragraph 5 by virtue of the
regulations and the regulations cease to have effect during the specified
period set out in that notice, the specified period is treated as ending at the
time the regulations cease to have effect.

10Notices temporarily removing or relaxing statutory provisions: Wales

7 (1) The Welsh Ministers may by notice make provision in relation to Wales—

(a) disapplying, for a specified period, any enactment listed in sub-
paragraph (5);

(b) modifying, for a specified period, any enactment listed in the table in
15sub-paragraph (6), in the manner described in that table.

(2) A notice under sub-paragraph (1) may limit the disapplication or
modification of a provision by reference to—

(a) a specified person or description of persons;

(b) a specified area;

(c) 20any other matter.

(3) A notice under sub-paragraph (1) may also make such consequential
modifications of any other enactment, for the specified period, as the Welsh
Ministers consider appropriate.

(4) A notice under sub-paragraph (1) must state why the Welsh Ministers
25consider that the issuing of the notice is an appropriate and proportionate
action in all the circumstances relating to the incidence or transmission of
coronavirus.

(5) This is the list referred to in sub-paragraph (1)(a)—

(a) section 324(5)(a) and (b) of the Education Act 1996 (statement of
30special educational needs);

(b) section 328(5) of that Act (review of education needs);

(c) sections 437, 443 and 444(1) and (1A) of that Act (provisions relating
to attendance at school);

(d) section 87 of the School Standards and Framework Act 1998 (no
35requirement to admit children permanently excluded from two or
more schools);

(e) section 101(1) of the Education Act 2002 (basic curriculum for every
maintained school);

(f) sections 28(1), 39(2), 40, 42(2) and 50(4) of, and paragraph 2(1) and (2)
40of Schedule 6 to, the Education Act 2005 (provisions relating to
inspections);

(g) regulation 12 of the Childcare Act 2006 (Local Authority
Assessment) (Wales) Regulations 2016 (S.I. 2016/88 (w.42)) (annual
progress reports), so far as it requires an annual report for the years
452020 and 2021.

(6) This is the table referred to in sub-paragraph (1)(b)—

(7) The specified period in a notice under sub-paragraph (1) must not exceed
55one month.

(8) The Welsh Ministers may by notice (a “cancellation notice”) cancel a notice
under sub-paragraph (1) with effect from the time specified in the
cancellation notice.

(9) A cancellation notice may contain transitional or saving provision.

(10) 60Where a notice under sub-paragraph (1) modifies section 166(2) of the
Education Act 2002 in the manner specified in the table in sub-paragraph (6),
that modification continues to have effect in relation to any notice of a
refusal, determination or order mentioned in section 166(2) of that Act
served during the specified period in the notice under sub-paragraph (1)

(except that if the notice under sub-paragraph (1) is cancelled, that specified
period is treated as having ended at the time the cancellation of the notice
takes effect under sub-paragraph (8))

(11) Nothing in sub-paragraph (7) or (8) prevents the making of a further notice
in relation to any provision.

(12) 5Subject to sub-paragraph (13), the Welsh Ministers must—

(a) publish a notice under this paragraph, and

(b) take such other steps as the Welsh Ministers consider reasonable to
bring the notice to the attention of those persons likely to be affected
by it.

(13) 10Where the notice relates to a person specified by name—

(a) the Welsh Ministers must give a copy of the notice to that person,
and

(b) the published version of the notice must not identify any individual
without their consent.

(14) 15In this paragraph—

• “enactment” includes an enactment comprised in subordinate
  legislation (within the meaning of the Interpretation Act 1978), and
  includes an enactment whenever passed or made;

• “specified”, in relation to a notice under sub-paragraph (1), means
  20specified in the notice.

8 (1) The Welsh Ministers may by regulations amend the list in paragraph 7(5) or
the table in paragraph 7(6) so as to add an enactment relating (directly or
indirectly) to children, education or training, or to vary or remove an entry.

(2) The power to make regulations under this paragraph is exercisable by
25statutory instrument.

(3) Regulations under this paragraph may—

(a) make different provision for different purposes;

(b) contain transitional, transitory or saving provision.

(4) A statutory instrument containing regulations under this paragraph must be
30laid before the National Assembly for Wales as soon as reasonably
practicable after being made.

(5) Regulations contained in an instrument laid before the National Assembly
for Wales by virtue of sub-paragraph (4) cease to have effect at the end of the
period of 40 days beginning with the day on which the instrument is made,
35unless within that period the instrument is approved by a resolution of the
National Assembly for Wales.

(6) In calculating the period of 40 days, no account is to be taken of any time
during which the National Assembly for Wales is—

(a) dissolved, or

(b) 40in recess for more than 4 days.

(7) Where regulations cease to have effect as a result of sub-paragraph (5), that
does not—

(a) subject to sub-paragraph (8), affect anything previously done under
or by virtue of the regulations, or

(b) 45prevent the making of new regulations.

(8) Where a notice has been given under paragraph 7 by virtue of the
regulations and the regulations cease to have effect during the specified
period set out in that notice, the specified period is treated as ending at the
time the regulations cease to have effect.

5Part 2 Scotland

Interpretation

9 In this Part—

• “the 1980 Act” means the Education (Scotland) Act 1980;

• 10“the 2005 Act” means the Further and Higher Education (Scotland) Act
  2005 (asp 6);

• “early learning and childcare” has the meaning given by section 46 of
  the Children and Young People (Scotland) Act 2014 (asp 8);

• “education” includes early learning and childcare, school education,
  15further education and higher education;

• “education authority”, “grant-aided school”, “independent school”,
  “public school”, “school” and “school education” have the meanings
  given by section 135(1) of the 1980 Act;

• “educational establishment” means—

  (a)

  20a school;

  (b)

  an education and training establishment approved by the
  Scottish Qualifications Authority under section 2 of the
  Education (Scotland) Act 1996 as suitable for presenting
  persons for SQA qualifications;

  (c)

  25a further education institution;

  (d)

  a higher education institution,

  and is also to be construed in accordance with paragraph 11(6) to (8);

• “enactment” includes an enactment comprised in, or in an instrument
  made under, an Act of the Scottish Parliament;

• 30“further education” has the meaning given by section 6 of the Further
  and Higher Education (Scotland) Act 1992;

• “further education institution” means—

  (a)

  a body listed under the heading “Institutions formerly
  eligible for funding by the Scottish Further Education
  35Funding Council” or under the heading “Other institutions”
  in schedule 2 of the 2005 Act;

  (b)

  a college of further education which is assigned to a regional
  strategic body by order made under section 7C(1) of the 2005
  Act;

• 40“higher education” has the meaning given by section 38 of the Further
  and Higher Education (Scotland) Act 1992;

• “higher education institution” means—

  (a)

  a body listed under the heading “Institutions formerly
  eligible for funding by the Scottish Higher Education
  45Funding Council” or under the heading “Other institutions”
  in schedule 2 of the Further and Higher Education
  (Scotland) Act 2005;

  Coronavirus BillPage 182

  (b)

  a person who provides a course of higher education
  designated by the Scottish Ministers under regulation 4(9) of
  the Education (Student Loans) (Scotland) Regulations 2007
  (S.S.I. 2007/154) for the purposes of regulation 3(2) of those
  5Regulations;

• “managers”, in relation to a grant-aided school, has the meaning given
  by section 135(1) of the 1980 Act;

• “out of school care” means any form of care provided—

  (a)

  outside school hours;

  (b)

  10during school holidays;

  to children who are in attendance at a school;

• “proprietor”, in relation to an independent school, has the meaning
  given by section 135(1) of the 1980 Act.

Duty to have regard to public health advice

10 (1) 15A relevant operator of an educational establishment must have regard to
any advice relating to coronavirus from the Chief Medical Officer of the
Scottish Administration or such other person as may be designated for the
purposes of this paragraph by the Scottish Ministers.

(2) Before giving a direction under paragraph 11, the Scottish Ministers—

(a) 20must have regard to any such advice; and

(b) must be satisfied that the giving of the direction is a necessary and
proportionate action for or in connection with the continued
provision of education.

(3) In this paragraph, “relevant operator”, in relation to an educational
25establishment, is to be construed in accordance with paragraph 11(6) to (8).

Continuing operation of educational establishments

11 (1) The Scottish Ministers may give a direction under this paragraph (an
“educational continuity direction”) that applies to—

(a) the relevant operator of one or more named educational
30establishments in Scotland;

(b) the relevant operators of all educational establishments in Scotland
(or any part of Scotland);

(c) the relevant operators of a particular description of educational
establishment in Scotland (or any part of Scotland).

(2) 35An educational continuity direction is a direction relating to the continuing
operation of an educational establishment for a specified period.

(3) An educational continuity direction may provide that any failure to comply
with a duty or time limit imposed under any enactment or rule of law
relating to education is to be disregarded to the extent that it would be
40attributable to the direction.

(4) An educational continuity direction may—

(a) confer additional functions on a relevant operator relating to—

(i) the provision of early learning and childcare, school
education, further education or higher education;

(ii) the provision of related services (for example, out of school
care);

(iii) the use of the operator’s premises for the purpose of
protecting public health;

(b) 5require an educational establishment to open, to stay open, to re-
open, or to open at times when it would not usually be open;

(c) require a relevant operator to allow specified people or people of a
specified description to attend an educational establishment or
relevant premises for which the operator is responsible;

(d) 10provide for or require specified people or people of a specified
description to attend a specified educational establishment or
specified premises for the purposes of receiving early learning and
childcare, school education, further education or higher education
there;

(e) 15prohibit access in respect of the whole or a specified part of an
educational establishment or of relevant premises;

(f) prohibit access in respect of the carrying on of all activities or in
respect of the carrying on of specified activities;

(g) require measures to ensure safe standards of hygiene, and other
20measures to protect health, to be put in place;

(h) require the alteration of term dates, holiday dates or examination
dates;

(i) require the taking of actions in general terms, or require the taking of
particular actions, that the Scottish Ministers consider reasonable;

(j) 25make different provision for different purposes (for example, for
different descriptions of people attending an educational
establishment);

(k) may be framed by reference to whatever matters the Scottish
Ministers consider appropriate;

(l) 30may make transitional, transitory or saving provision;

(m) may make such other provision as the Scottish Ministers consider
appropriate in connection with the giving of the direction.

(5) In this paragraph—

• “relevant premises”, means any premises (other than residential
  35accommodation) which people attend in order to receive services
  provided by or on behalf of the relevant operator of an educational
  establishment there (see also sub-paragraphs (8) and (9)),

• “specified” means specified, or falling within a description specified, in
  a direction under this paragraph.

(6) 40In this paragraph, “relevant operator”—

(a) in relation to a school, means—

(i) where the school is a public school, the education authority
by which it is managed;

(ii) where the school is an independent school, the proprietor;

(iii) 45where the school is a grant-aided school, the managers,

(but see also sub-paragraphs (7) and (8));

(b) in relation to a further education institution or a higher education
institution, means the governing body of the institution (within the
meaning of section 35(2) of the 2005 Act);

(7) Where out of school care is provided by a person in a school, “relevant
operator” also includes such a person.

(8) Where school education, early learning and childcare or out of school care is
provided by a person in premises other than a school—

(a) 5“relevant operator” also includes such a person, and

(b) references to “educational establishment” in this paragraph are to be
read as if they were references to such premises.

(9) Where early learning and childcare or out of school care is provided by a
person acting as a child minder (within the meaning of paragraph 12 of
10schedule 12 of the Public Services Reform (Scotland) Act 2010) in premises
used mainly as a private dwelling, an educational continuity direction may
only apply to the part of the premises in which such care is provided.

Compliance and enforcement

12 (1) A relevant operator of an educational establishment must comply with a
15direction under paragraph 11.

(2) A relevant operator must have regard to any guidance given by the Scottish
Ministers about how to comply with a direction under paragraph 11.

(3) The duty imposed on a relevant operator to comply with a direction under
paragraph 11 is enforceable, on an application made by the Scottish
20Ministers, by interdict or (as the case may be) by specific implement.

(4) An application made under sub-paragraph (3) may be made without notice
being given to the relevant operator.

(5) In this paragraph, “relevant operator”, in relation to an educational
establishment, is to be construed in accordance with paragraph 11(6) to (8).

25Publication, duration and review of directions

13 (1) Subject to sub-paragraph (2), the Scottish Ministers must publish a direction
under paragraph 11.

(2) Where a direction relates to a person specified by name—

(a) the Scottish Ministers must give a copy of the direction to that
30person, and

(b) the published version of the direction must not identify any
individual without their consent.

(3) A direction under paragraph 11 has effect until the earlier of—

(a) the end of the period specified in the direction, or

(b) 35the revocation of the direction by a further direction given by the
Scottish Ministers.

(4) Where a direction under paragraph 11 makes provision mentioned in
paragraph 11(3), the Scottish Ministers must, so long as it remains in effect,
review the direction—

(a) 40before the end of the period of 21 days beginning with the date on
which the direction was given; and

(b) before the end of each subsequent period of 21 days.

Part 3 Northern Ireland

Temporary continuity directions

14 (1) The Department may give a temporary continuity direction that applies to—

(a) 5the Education Authority;

(b) one or more named schools in Northern Ireland;

(c) all schools in Northern Ireland (or any part of Northern Ireland);

(d) schools in Northern Ireland (or any part of Northern Ireland) of a
particular description.

(2) 10A temporary continuity direction under this paragraph is a direction that
requires the Education Authority, or the managers of the school or schools
to which it applies, to take steps specified in the direction in connection with
the provision, for a specified period, of education or services relating to
education.

(3) 15Before giving a temporary continuity direction under this paragraph—

(a) the Department must have regard to any advice from the Chief
Medical Officer or any of the Deputy Chief Medical Officers of the
Department of Health in Northern Ireland, and

(b) the Department must be satisfied that giving the direction is a
20necessary and proportionate action for or in connection with the
continued provision of education or services relating to education
for the specified period.

(4) A temporary continuity direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the
25taking of particular steps that the Department considers reasonable;

(b) in the case of a school, require the school to open, to stay open, to re-
open, or to open at times when it would not usually be open;

(c) in the case of a school, require the school to allow specified pupils to
attend that school for the purpose of receiving education or services
30relating to education provided by or on behalf of that school;

(d) in the case of a school, require the alteration of term dates, holiday
dates or examination dates;

(e) in the case of a school, require the school to provide or make
arrangements for the provision of education or services related to
35education;

(f) make different provision for different purposes, or be framed by
reference to whatever matters the Department considers
appropriate;

(g) make transitional, transitory or saving provision;

(h) 40make such other provision as the Department considers appropriate
in connection with the giving of a direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary
continuity direction under this paragraph.

(6) Where a direction relates to a person specified by name—

(a) 45the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any
individual without their consent.

(7) The Education Authority, or (as the case may be) the managers of a school
or schools to which a temporary continuity direction under this paragraph
5applies, must have regard to any guidance given by the Department about
how to comply with such a direction.

(8) The duty of the Education Authority or the managers of a school to comply
with a temporary continuity direction under this paragraph is enforceable,
by the Department making an application to the High Court or a county
10court for an injunction.

(9) An application under sub-paragraph (8) may be made without notice being
given to the Education Authority or (as the case may be) the managers of the
school.

(10) Where a temporary continuity direction under this paragraph applies to a
15school, there is no breach of the following provisions to the extent that a
breach is attributable to the direction—

(a) regulations 14 and 15 of the Primary Schools Regulations and
regulations 11 and 12 of the Secondary Schools Regulations (terms
and days of operation of school and dates of school holidays, etc);

(b) 20regulation 18 of the Primary Schools Regulations (child who is not a
registered pupil at a school not permitted to attend the school).

(11) In this paragraph—

• “child”, “managers” and “school” have the meaning given in the
  Education and Libraries (Northern Ireland) Order 1986 ((S.I. 1986/
  25594 (N.I. 3));

• “the Department” means the Department of Education in Northern
  Ireland;

• “the Education Authority” means the Authority established by section
  1(1) of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.));

• 30“the Primary Schools Regulations” means the Primary Schools
  (General) Regulations (Northern Ireland) 1973 (S.R. @AMP@amp; O. (N.I.) 1973
  No. 402);

• “the Secondary Schools Regulations” means the Secondary Schools
  (Grant Conditions) Regulations (Northern Ireland) 1973 (S.R. @AMP@amp; O.
  35(N.I.) 1973 No. 403);

• “specified” means specified in a temporary continuity direction under
  this paragraph, or falling within a description specified in a
  temporary continuity direction under this paragraph.

15 (1) The Department may give a temporary continuity direction that applies to—

(a) 40one or more named relevant institutions in Northern Ireland;

(b) all relevant institutions in Northern Ireland (or any part of Northern
Ireland);

(c) relevant institutions in Northern Ireland (or any part of Northern
Ireland) of a particular description.

(2) 45A temporary continuity direction under this paragraph is a direction that
requires the governing body of the relevant institution to which it applies to
take steps specified in the direction in connection with the provision, for a
specified period, of further or higher education or services relating to further
or higher education.

(3) Before giving a temporary continuity direction under this paragraph—

(a) the Department must have regard to any advice from the Chief
Medical Officer or any of the Deputy Chief Medical Officers of the
Department of Health in Northern Ireland, and

(b) 5the Department must be satisfied that giving the direction is a
necessary and proportionate action for or in connection with the
continued provision of further or higher education or services
relating to further or higher education for the specified period.

(4) A temporary continuity direction under this paragraph may—

(a) 10require the taking of reasonable steps in general terms, or require the
taking of particular steps that the Department considers reasonable;

(b) require the institution to open, to stay open, to re-open, or to open at
times when it would not usually be open;

(c) require the institution to allow specified persons to attend that
15institution for the purpose of receiving further or higher education or
services relating to further or higher education provided by or on
behalf of that institution;

(d) require the alteration of term dates, holiday dates or examination
dates;

(e) 20require the institution to provide or make arrangements for the
provision of further or higher education or services related to further
or higher education;

(f) make different provision for different purposes, or be framed by
reference to whatever matters the Department considers
25appropriate;

(g) make such other provision as the Department considers appropriate
in connection with the giving of a direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary
continuity direction under this paragraph.

(6) 30Where a direction relates to a person specified by name—

(a) the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any
individual without their consent.

(7) The governing body of an institution to which a temporary continuity
35direction under this paragraph applies must have regard to any guidance
given by the Department about how to comply with that direction.

(8) The duty of the governing body of an institution to comply with a temporary
continuity direction under this paragraph is enforceable by the Department
making an application to the High Court or a county court for an injunction.

(9) 40An application under sub-paragraph (8) may be made without notice being
given to the governing body of the institution.

(10) In this paragraph—

• “the Department” means the Department for the Economy in Northern
  Ireland;

• 45“governing body”, in relation to a higher education institution, has the
  same meaning as in Article 30 of the Education and Libraries
  (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12)) (the “1993
  Order”);

Coronavirus BillPage 188

• “relevant institution” means—

  (a)

  a further education institution recognised by the Department
  under Article 8 of the Further Education (Northern Ireland)
  Order 1997 (S.I. 1997/1772 (N.I. 15)), or

  (b)

  5a higher education institution within the meaning of Article
  30 of the 1993 Order;

• “specified” means specified in a temporary continuity direction under
  this paragraph, or falling within a description specified in a
  temporary continuity direction under this paragraph.

16 (1) 10The Department may give a temporary continuity direction that applies to—

(a) one or more named persons registered under Article 118 of the 1995
Order (child minders and those who provide day care);

(b) all persons registered under that Article in Northern Ireland (or any
part of Northern Ireland);

(c) 15persons registered under that Article of a particular description in
Northern Ireland (or any part of Northern Ireland).

(2) A temporary continuity direction under this paragraph is a direction that
requires any person to whom it applies to take steps specified in the
direction in connection with the provision, for a specified period, of child
20minding or day care or services relating to child minding or day care.

(3) Before giving a temporary continuity direction under this paragraph—

(a) the Department must have regard to any advice from the Chief
Medical Officer or any of the Deputy Chief Medical Officers of the
Department, and

(b) 25the Department must be satisfied that giving the direction is a
necessary and proportionate action for or in connection with the
continued provision of child minding or day care or services relating
to child minding or day care for the specified period.

(4) A temporary continuity direction under this paragraph may—

(a) 30require the taking of reasonable steps in general terms, or require the
taking of particular steps that the Department considers reasonable;

(b) require a person registered under Article 118 of the 1995 Order to
provide services, to continue to provide services, to provide services
again or to provide services when the person would not usually do
35so.

(5) The references in sub-paragraph (4)(b) to providing services are to the
provision of child minding or day care.

(6) Subject to sub-paragraph (7), the Department must publish a temporary
continuity direction under this paragraph.

(7) 40Where a direction relates to a person specified by name—

(a) the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any
individual without their consent.

(8) A person to whom a temporary continuity direction under this paragraph
45applies must have regard to any guidance given by the Department about
how to comply with that direction.