Education Bill (HL Bill 67)

Education BillPage 50

any promotion or other advantage available to other non-reserved
teachers—

(a) for the reason that the teacher gives, or does not give, religious
education, or

(b) 5for reasons related to the teacher’s religious opinions or to the
teacher’s attending or omitting to attend religious worship.

(4) In consequence of the amendments made by subsections (2) and (3)—

(a) in the title to Part 5A of SSFA 1998, for “Employment of Teachers”
substitute “Teachers and Staff”;

(b) 10in section 138 of SSFA 1998 (orders and regulations), in subsection
(2)(a), after “111(3)(a)” insert “, 124AA(2)”;

(c) in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational
appointments etc based on religious belief), at the end insert—

(d) section 124AA(5) to (7) of that Act (religious
15considerations relating to certain teachers at
Academies with religious character).

61 Academies: land

Schedule 14 (Academies: land) has effect.

62 Academy admissions arrangements: references to adjudicator

(1) 20Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements)
is amended as follows.

(2) In section 88 (admission authorities and admission arrangements)—

(a) in subsection (1), omit the “and” at the end of paragraph (a);

(b) in that subsection, at the end, insert ; and

(c) 25in relation to an Academy, means the proprietor of the
Academy.;

(c) in subsection (2), omit “maintained”.

(3) In section 88H (reference of objections to adjudicator)—

(a) after subsection (1), insert—

(1A) 30This section also applies where admission arrangements for an
Academy have been determined by the proprietor of an
Academy under Academy arrangements.;

(b) for subsection (6), substitute—

(6) In subsection (2), “appropriate person” means—

(a) 35in relation to an objection about the admission
arrangements for a maintained school—

(i) a body or person within any of paragraphs (a) to
(e) of section 88F(3), or

(ii) any person prescribed for the purposes of this
40subsection;

(b) in relation to an objection about the admission
arrangements for an Academy, any person prescribed
for the purposes of this subsection.

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(4) In section 88I (other functions of adjudicator relating to admission
arrangements), in subsection (1)—

(a) after “determined” insert

(a);

(b) 5at the end insert , or

(b) by an admission authority for an Academy.

(5) In section 88K (sections 88H and 88I: supplementary)—

(a) in subsection (4)(a), after “England” insert “or an Academy”;

(b) in subsection (5), for the words from “means” to the end substitute
10“means—

(a) in relation to a maintained school, the requirements
imposed by or under this Part as to the content of
admission arrangements for maintained schools in
England, and

(b) 15in relation to an Academy, the requirements imposed by
or under Academy arrangements as to the content of its
admission arrangements.

63 Academies: minor amendments

Schedule 15 (Academies: minor amendments) has effect.

20Part 7 Post-16 education and training

Abolition of the Young People’s Learning Agency for England

64 Abolition of the Young People’s Learning Agency for England

Sections 60 to 80 of, and Schedule 3 to, ASCLA 2009 (the Young People’s
25Learning Agency for England) are repealed.

65 Abolition of the YPLA: consequential amendments

(1) Schedule 16 (abolition of the YPLA: consequential amendments) has effect.

(2) The Secretary of State may by order make further changes in consequence of
section 64 to any provision of subordinate legislation made before the date on
30which this Act is passed.

(3) “Subordinate legislation” has the meaning given by section 21(1) of the
Interpretation Act 1978.

66 Abolition of the YPLA: transfer schemes

Schedule 17 (schemes for the transfer of staff, property, rights and liabilities
35from the Young People’s Learning Agency for England to other persons) has
effect.

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Apprenticeships

67 The apprenticeship offer

(1) ASCLA 2009 is amended as follows.

(2) After section 83 insert—

83A 5The apprenticeship offer

(1) The Chief Executive must secure the provision of proper facilities for
apprenticeship training that is suitable to the requirements of persons
who—

(a) are within subsection (4), (5) or (6), and

(b) 10have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).

(2) The duty imposed by subsection (1) is referred to in this section and
section 83B as “the apprenticeship offer”.

(3) An apprenticeship opportunity is an opportunity to—

(a) 15enter into an apprenticeship agreement,

(b) enter into any other contract of employment in connection with
which training will be provided in accordance with an
apprenticeship framework, or

(c) undertake any other kind of working—

(i) 20in relation to which alternative English completion
conditions apply under section 1(5), and

(ii) in connection with which training will be provided in
accordance with an apprenticeship framework.

(4) A person within this subsection is one who is over compulsory school
25age but under 19.

(5) A person within this subsection is one who is not within subsection (4)
and—

(a) is a person aged under 21 towards whom a local authority in
England has the duties provided for in section 23C of the
30Children Act 1989 (continuing functions in relation to certain
formerly looked after children), or

(b) is a person to whom section 23CA of that Act applies (further
assistance for certain formerly looked after children aged under
25), in relation to whom a local authority in England is the
35responsible local authority (within the meaning of that section).

(6) A person within this subsection is one who—

(a) is not within subsection (4), and

(b) is of a prescribed description.

(7) If regulations under subsection (6)(b) describe a person by reference to
40an age or an age range, the age, or the upper age of the age range, must
be less than 25.

(8) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of
individuals, and

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(b) of a quality adequate to meet those needs.

(9) Section 83(2) and (3) (when apprenticeship training is suitable, and
matters to which Chief Executive must have regard) apply for the
purposes of the apprenticeship offer.

(10) 5In complying with the apprenticeship offer the Chief Executive must
make the best use of the Chief Executive’s resources.

(11) In this section “apprenticeship framework” has the meaning given by
section 12.

(12) The Secretary of State may by order amend this section for the purpose
10of changing the descriptions of persons to whom the apprenticeship
offer applies.

83B Limit on scope of the apprenticeship offer

(1) The Chief Executive is not required by the apprenticeship offer to
secure the provision of facilities for apprenticeship training at a
15particular level for a person who—

(a) has already completed an English apprenticeship in relation to
an apprenticeship framework at that level, or

(b) holds an apprenticeship certificate at that level.

(2) For the purposes of this section apprenticeship training is at a particular
20level if it might reasonably be expected to lead to the issue of an
apprenticeship certificate at that level.

(3) The following provisions of Chapter 1 of Part 1 apply for the purposes
of this section—

  • section 1 (meaning of “completing an English apprenticeship”);

  • 25section 12 (meaning of apprenticeship framework and level of an
    apprenticeship framework).

(4) In this section “apprenticeship certificate” means an apprenticeship
certificate issued under section 3 or 4.

(5) A reference in this section to an apprenticeship certificate at any level
30includes a reference to a certificate or other evidence (including a
certificate awarded or evidence provided by a person outside England)
which appears to the Chief Executive to be evidence of experience and
attainment at a comparable or higher level.

(3) Schedule 18 (consequential amendments) has effect.

68 35Apprenticeship certificates

(1) ASCLA 2009 is amended as follows.

(2) In section 5 (issue of certificates by the English certifying authority:
supplementary), in subsection (3), for the words from “the English certifying
authority” to the end substitute “a person supplying a copy of an
40apprenticeship certificate to charge a fee for doing so.”

(3) For section 6 (apprenticeship certificates: the English certifying authority)

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substitute—

6 The English certifying authority

(1) In this Chapter, the “English certifying authority”, in relation to an
apprenticeship certificate of any description, means—

(a) 5the person (if any) designated by the Secretary of State under
this section to issue apprenticeship certificates of that
description;

(b) if there is no-one within paragraph (a), the person (if any)
designated by the Secretary of State under this section to issue
10apprenticeship certificates generally;

(c) if there is no-one within paragraph (a) or (b), the Secretary of
State.

(2) The power conferred by subsection (1)(a) must be exercised so as to
secure that, at any time, only one person is designated to issue
15apprenticeship certificates relating to a particular apprenticeship
sector.

(3) A person designated under this section to issue apprenticeship
certificates must, in exercising functions under this Chapter—

(a) comply with directions given by the Secretary of State, and

(b) 20have regard to guidance given by the Secretary of State.

(4) A designation under this section may be amended or revoked by the
Secretary of State.

(4) In section 39(1) (interpretation of Chapter 1 of Part 1) for the definition of
“English certifying authority” substitute—

  • 25“English certifying authority”, in relation to an apprenticeship
    certificate of any description, has the meaning given by section
    6(1);.

The Chief Executive of Skills Funding

69 Consultation by Chief Executive of Skills Funding

30In Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) after section
118 insert—

118A Directions: consultation

(1) The Secretary of State may direct the Chief Executive to carry out
consultation in connection with matters related to the performance of
35any of the functions of the office.

(2) A direction under this section may (in particular) specify—

(a) the persons, or descriptions of persons, to be consulted;

(b) the way in which the consultation is to be carried out.

70 Functions of the Chief Executive of Skills Funding

(1) 40Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as
follows.

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(2) In section 88 (learning aims for persons aged 19 or over: payment of tuition
fees)—

(a) in subsection (1), for “paragraph 1” substitute “paragraph 1(a) or (b)”;

(b) after subsection (2), insert—

(2A) 5Functions under this Part must be exercised by the Chief
Executive so as to secure that a course of study for a
qualification to which paragraph 1(c) of Schedule 5 applies is
free to a person falling within subsection (4) if it is provided for
the person by virtue of facilities whose provision is secured
10under section 87.;

(c) in subsection (4)(a), for “25” substitute “24”.

(3) Sections 112 to 114 (Secretary of State’s power to specify bodies to formulate
strategy for the Chief Executive) are repealed.

Raising the participation age: commencement

71 15Duty to participate in education or training: commencement

In section 173 of ESA 2008 (commencement), for subsections (9) and (10)
substitute—

(9) An order under subsection (4) may provide for the following
provisions to come into force with the substitution of “the first
20anniversary of the date on which the person ceased to be of compulsory
school age” for “the age of 18”—

(a) section 1(b) (persons to whom Part 1 applies);

(b) section 29(1)(b) (employer to enable participation in education
or training: extension for persons reaching 18).

(10) 25The Secretary of State must—

(a) exercise the powers conferred by subsections (4) and (9) so as to
secure that sections 1 to 10 are in force with the substitution in
section 1(b) mentioned in subsection (9) no later than the day
after the day which is the school leaving date for 2013, and

(b) 30exercise the power conferred by subsection (4) so as to secure
that sections 1 to 10 are in force without that substitution no
later than the day after the day which is the school leaving date
for 2015,

subject, in each case, to any provision made by virtue of subsection (8).

35Part 8 Student finance

72 Student loans: interest rates

(1) In section 22 of THEA 1998 (financial support for students), in subsection (4)
(interest rates on loans), for paragraph (a) (but not the “and” after it)
40substitute—

(a) the rates prescribed by regulations made in pursuance of
subsection (3)(a) must be—

(i) lower than those prevailing on the market, or

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(ii) no higher than those prevailing on the market, where
the other terms on which such loans are provided are
more favourable to borrowers than those prevailing on
the market;.

(2) 5In consequence of subsection (1)—

(a) in section 22 of THEA 1998, omit subsections (8) and (9);

(b) in section 2 of the Sale of Student Loans Act 2008 (sale of student loans:
supplemental), in subsection (5), omit paragraph (d) (but not the “and”
after it).

(3) 10This section applies in relation to a student who begins a course on or after 1
September 2012, except in such circumstances as may be prescribed.

(4) In subsection (3) “prescribed”—

(a) in relation to England, means prescribed by regulations made by the
Secretary of State;

(b) 15in relation to Wales, means prescribed by regulations made by the
Welsh Ministers.

73 Limit on student fees: part-time courses

(1) In section 41(1) of HEA 2004 (interpretation of Part 3: student fees and fair
access), in the definition of “course”, omit “part-time or”.

(2) 20This section applies in relation to a part-time course that a student begins on or
after 1 September 2012, except in such circumstances as may be prescribed.

(3) In subsection (2) “prescribed”—

(a) in relation to England, means prescribed by regulations made by the
Secretary of State;

(b) 25in relation to Wales, means prescribed by regulations made by the
Welsh Ministers.

Part 9 General

74 Orders and regulations

(1) 30A power to make an order or regulations under this Act is exercisable by
statutory instrument.

(2) A power to make an order or regulations under this Act (except a power
conferred by section 78) includes power—

(a) to make different provision for different purposes (including different
35areas);

(b) to make provision generally or in relation to specific cases;

(c) to make incidental, consequential, supplementary, transitional,
transitory or saving provision.

(3) Subject to subsection (4), a statutory instrument containing an order or
40regulations made by the Secretary of State under this Act (other than an order
under section 78) is subject to annulment in pursuance of a resolution of either
House of Parliament.

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(4) A statutory instrument which contains (alone or with other provision) an order
under section 53(2) which amends or repeals any provision of an Act may not
be made unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.

(5) 5A statutory instrument containing an order or regulations made by the Welsh
Ministers under this Act is subject to annulment in pursuance of a resolution
of the National Assembly for Wales.

75 Interpretation of Act

In this Act—

  • 10“FHEA 1992” means the Further and Higher Education Act 1992;

  • “EA 1994” means the Education Act 1994;

  • “EA 1996” means the Education Act 1996;

  • “EA 1997” means the Education Act 1997;

  • “THEA 1998” means the Teaching and Higher Education Act 1998;

  • 15SSFA 1998” means the School Standards and Framework Act 1998;

  • “LSA 2000” means the Learning and Skills Act 2000;

  • “EA 2002” means the Education Act 2002;

  • “HEA 2004” means the Higher Education Act 2004;

  • “EA 2005” means the Education Act 2005;

  • 20EIA 2006” means the Education and Inspections Act 2006;

  • “ESA 2008” means the Education and Skills Act 2008;

  • “ASCLA 2009” means the Apprenticeships, Skills, Children and Learning
    Act 2009;

  • “CSFA 2010” means the Children, Schools and Families Act 2010;

  • 25“AA 2010” means the Academies Act 2010.

76 Financial provision

There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.

77 30Extent

(1) This Act extends to England and Wales only, subject to subsections (2) and (3).

(2) This Part extends to the whole of the United Kingdom.

(3) An amendment or repeal made by this Act has the same extent as the provision
to which it relates.

78 35Commencement

(1) The following provisions come into force on the day on which this Act is
passed—

(a) section 33;

(b) section 39(1) to (3) and (5) to (8);

(c) 40section 40;

(d) section 41(1) to (7), (9) and (10);

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(e) sections 72 and 73;

(f) this Part.

(2) The following provisions come into force at the end of two months beginning
with the day on which this Act is passed—

(a) 5section 6;

(b) sections 28 and 29;

(c) sections 30 and 31;

(d) section 46;

(e) section 47;

(f) 10section 59.

(3) The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.

(4) The Secretary of State must exercise the power conferred by subsection (3) so
as to secure that, subject to any provision made by virtue of subsection (7),
15section 67 and Schedule 18 are in force no later than the day after the day which
is the school leaving date for 2013.

(5) Before making an order bringing section 13 into force, the Secretary of State
must consult the Welsh Ministers.

(6) Before making an order bringing sections 14 to 17 into force, the Secretary of
20State must obtain the consent of the Welsh Ministers.

(7) An order under this section may—

(a) appoint different days for different purposes (including different
areas);

(b) contain transitional, transitory or saving provision in connection with
25the coming into force of this Act.

79 Short title

(1) This Act may be cited as the Education Act 2011.

(2) This Act is to be included in the list of Education Acts set out in section 578 of
EA 1996.

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SCHEDULES

Section 4

SCHEDULE 1 Review of exclusions from schools in England: consequential amendments

Local Government Act 1972 (c.70)1972 (c.70)

1 5In section 177 of the Local Government Act 1972 (provisions supplementary
to provisions on allowances), in subsection (1A)—

(a) before paragraph (c) insert—

(ba) regulations made by virtue of section 51A(8) of the
Education Act 2002 (allowances for exclusion review
10panels: England);;

(b) in paragraph (c), for the words from “the Education Act” to the end
substitute “that Act (allowances for exclusion appeal panels: Wales);
and”.

Local Government Act 1974 (c.7)1974 (c.7)

2 15In section 25 of the Local Government Act 1974 (authorities subject to
investigation), in subsection (5)(e)—

(a) for “appeal” substitute “review”;

(b) for “section 52” substitute “section 51A”.

Tribunals and Inquiries Act 1992 (c.53)1992 (c.53)

3 20In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals
under direct supervision of the Council), in paragraph 15 (education), after
sub-paragraph (a), insert—

(aa) exclusion review panels constituted in accordance with
regulations under section 51A of the Education Act 2002;.

25EA 1996

4 EA 1996 is amended as follows.

(ba) In section 444ZA (application of section 444 to alternative educational provision), in subsection (1D), in paragraph (a), for “section 52” substitute “section 51A”.

(ba) In Schedule 35B (meaning of “eligible child” for purposes of school travel arrangements), in paragraph 8(2)(b), for “section 52” substitute “section 51A”.