Education Bill

AMENDMENTS
TO BE MOVED
ON REPORT

Clause 4

LORD TOUHIG

 

Page 8, line 22, at end insert—

“( ) Regulations must make provision that if a pupil has been excluded from school for a fixed period on two or more occasions in a 12 month period or is at risk of permanent exclusion, a head teacher shall ensure that—

(a) there is an assessment of whether that child has unidentified learning needs;

(b) there is a review of the effectiveness of the special educational provision being made if that pupil has identified special educational needs;

(c) there is a review of the effectiveness of the reasonable adjustments being made if that pupil has disability.”

LORD RAMSBOTHAM

 

Page 8, line 37, at end insert—

“( ) requiring schools to assess appropriately pupils for special educational needs, including Attention Deficit Hyperactivity Disorder at a pupils second fixed-term exclusion.”

LORD TOUHIG

 

Page 9, line 12, at end insert—

“( ) the ability of all parents to request a special educational needs expert to advise the panel on special educational needs issues;”

 

Page 9, line 12, at end insert—

“( ) the information parents are given on their right to request a special educational needs expert;”

 

Page 9, line 12, at end insert—

“( ) the skills and qualifications that a special educational needs expert will be required to have;”

 

Page 9, line 12, at end insert—

“( ) the ability of the special educational needs expert to review the needs of the child and whether the school puts the correct support in place;

( ) the duty of the school to co-operate with the work of the special educational needs expert;”

 

Page 9, line 12, at end insert—

“( ) the ability of parents to select a special educational needs expert of their choice;”

Clause 13

LORD PHILLIPS OF SUDBURY

 

Page 21, line 16, at end insert “, or

(c) the person who is the subject of the allegation resigns or is dismissed from the relevant employment or engagement.”

 

Page 21, line 31, at end insert “, or

(c) a publication by or on behalf of a registered pupil at the relevant school made to pupils at that school or made to parents of the same (or persons in loco parentis) or made to members of staff at such school”

After Clause 22

LORD HILL OF OAREFORD

 

Insert the following new Clause—

“Enforcement powers

(1) Part 7 of ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as set out in subsections (2) to (6).

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

“(1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject.”

(3) After section 151 insert—

“151A Power to impose monetary penalties

(1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject.

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

(3) A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B.

(4) Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so.

(5) The notice must—

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

(b) specify the period during which, and the way in which, the recognised body may make representations about the proposal.

(6) The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received.

(7) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body.

(8) If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(c) the period within which payment is required to be made (which must not be less than 28 days),

(d) rights of appeal,

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

(f) the consequences of non-payment.

151B Monetary penalties: amount

(1) The amount of a monetary penalty imposed on a recognised body under section 151A must not exceed 10% of the body’s turnover.

(2) The turnover of a body for the purposes of subsection (1) is to be determined in accordance with an order made by the Secretary of State.

(3) Subject to subsection (1), the amount may be whatever Ofqual decides is appropriate in all the circumstances of the case.

151C Monetary penalties: appeals

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

(a) a decision to impose a monetary penalty on the body under section 151A;

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

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

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

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(3) The requirement to pay the penalty is suspended pending the determination of an appeal under this section.

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

(a) withdraw the requirement to pay the penalty;

(b) confirm that requirement;

(c) vary that requirement;

(d) take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

(e) remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Ofqual.

151D Monetary penalties: interest and recovery

(1) This section applies if all or part of a monetary penalty imposed on a recognised body is unpaid at the end of the period ending on the applicable date.

(2) The applicable date is—

(a) the last date on which the recognised body may make an appeal under section 151C in respect of the penalty, if no such appeal is made;

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

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

(ii) if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

(3) The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(4) The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.

(5) Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.”

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

“(2) Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of—

(a) a specified qualification or description of qualification in respect of which the body is recognised, or

(b) every qualification or description of qualification in respect of which the body is recognised.”

(5) After section 152 insert—

“152A Costs recovery

(1) Ofqual may, by notice, require a recognised body on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction, up to the time it is imposed.

(2) The references in subsection (1) to imposing a sanction are to—

(a) giving a direction under section 151;

(b) imposing a monetary penalty under section 151A;

(c) withdrawing recognition under section 152.

(3) “Costs” includes in particular—

(a) investigation costs;

(b) administration costs;

(c) costs of obtaining expert advice (including legal advice).

(4) A notice given to a recognised body under subsection (1) must contain information as to—

(a) the amount required to be paid,

(b) how payment may be made,

(c) the period within which payment is required to be made (which must not be less than 28 days),

(d) rights of appeal,

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

(f) the consequences of non-payment.

(5) The body may require Ofqual to provide a detailed breakdown of the amount specified in the notice.

152B Costs recovery: appeals

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

(a) a decision under section 152A(1) to require the body to pay costs;

(b) a decision as to the amount of those costs.

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

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

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(3) The requirement to pay the costs is suspended pending the determination of an appeal under this section.

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

(a) withdraw the requirement to pay the costs;

(b) confirm that requirement;

(c) vary that requirement;

(d) take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

(e) remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to Ofqual.

152C Costs: interest and recovery

(1) This section applies if all or part of an amount of costs that a recognised body is required to pay under section 152A(1) is unpaid at the end of the period ending on the applicable date.

(2) The applicable date is—

(a) the last date on which the recognised body may make an appeal under section 152B in respect of the costs, if no such appeal is made;

(b) if an appeal under section 152B in respect of the costs is made—

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

(ii) if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

(3) The unpaid amount of the costs for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(4) The total amount of interest imposed under subsection (3) must not exceed the amount of the costs.

(5) Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.”

(6) In section 153 (qualifications regulatory framework), in subsection (8)(e), for “152” substitute “152C”.

(7) In section 262(6) of ASCLA 2009 (orders and regulations subject to affirmative resolution procedure), after paragraph (e) insert—

“(ea) an order under section 151B(2);”.”

 

Insert the following new Clause—

“Enforcement powers of Welsh Ministers

(1) Chapter 2 of Part 5 of EA 1997 (functions of Welsh Ministers: qualifications and the school curriculum) is amended as set out in subsections (2) to (6).

(2) In section 32A (power to give directions), for subsections (1) and (2) substitute—

“(1) Subsection (1A) applies if it appears to the Welsh Ministers that a recognised person has failed or is likely to fail to comply with a condition subject to which the recognition has effect.

(1A) The Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.

(2) Subsection (2A) applies if it appears to the Welsh Ministers that a recognised person who awards or authenticates a qualification accredited by them has failed or is likely to fail to comply with a condition subject to which the accreditation has effect.

(2A) The Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.”

(3) In section 32A(5), for “32B and” substitute “32AA to”.

(4) After section 32A insert—

“32AA Power of Welsh Ministers to impose monetary penalties

(1) Subsection (2) applies if it appears to the Welsh Ministers that a recognised person has failed to comply with a condition subject to which the recognition has effect.

(2) The Welsh Ministers may impose a monetary penalty on the recognised person.

(3) Subsection (4) applies if it appears to the Welsh Ministers that a recognised person who awards or authenticates a qualification accredited by them has failed to comply with a condition subject to which the accreditation has effect.

(4) The Welsh Ministers may impose a monetary penalty on the recognised person.

(5) A “monetary penalty” is a requirement to pay to the Welsh Ministers a penalty of an amount determined by them in accordance with section 32AB.

(6) Before imposing a monetary penalty on a recognised person, the Welsh Ministers must give notice to the person of their intention to do so.

(7) The notice must—

(a) set out their reasons for proposing to impose the penalty, and

(b) specify the period during which, and the way in which, the recognised person may make representations about the proposal.

(8) The period specified under subsection (7)(b) must not be less than 28 days beginning with the date on which the notice is received.

(9) The Welsh Ministers must have regard to any representations made by the recognised person during the period specified in the notice in deciding whether to impose a monetary penalty on the person.

(10) If the Welsh Ministers decide to impose a monetary penalty on the person, they must give the person a notice containing information as to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(c) the period within which payment is required to be made (which must not be less than 28 days),

(d) rights of appeal,

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

(f) the consequences of non-payment.

32AB Monetary penalties: amount

(1) The amount of a monetary penalty imposed on a recognised person under section 32AA must not exceed 10% of the person’s turnover.

(2) The turnover of a person for the purposes of subsection (1) is to be determined in accordance with an order made by the Welsh Ministers.

(3) Subject to subsection (1), the amount may be whatever the Welsh Ministers decide is appropriate in all the circumstances of the case.

32AC Monetary penalties: appeals

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

(a) a decision to impose a monetary penalty on the person under section 32AA;

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

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

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

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(3) The requirement to pay the penalty is suspended pending the determination of an appeal under this section.

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

(a) withdraw the requirement to pay the penalty;

(b) confirm that requirement;

(c) vary that requirement;

(d) take such steps as the Welsh Ministers could take in relation to the failure to comply giving rise to the decision to impose the requirement;

(e) remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to the Welsh Ministers.

32AD Monetary penalties: interest and recovery

(1) This section applies if all or part of a monetary penalty imposed on a recognised person is unpaid at the end of the period ending on the applicable date.

(2) The applicable date is—

(a) the last date on which the recognised person may make an appeal under section 32AC in respect of the penalty, if no such appeal is made;

(b) if an appeal under section 32AC in respect of the penalty is made—

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

(ii) if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

(3) The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(4) The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.

(5) The Welsh Ministers may recover from the person, as a civil debt due to them, the unpaid amount of the penalty and any unpaid interest.”

(5) In section 32B (power to withdraw recognition)—

(a) for subsection (2) substitute—

“(2) The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of—

(a) a specified qualification or description of qualification in respect of which the person is recognised, or

(b) every qualification or description of qualification in respect of which the person is recognised.”;

(b) for subsection (4) substitute—

“(4) The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of—

(a) the qualification or a specified description of qualification in respect of which the person is recognised, or

(b) every qualification or description of qualification in respect of which the person is recognised.”

(6) After section 32B insert—

“32BA Costs recovery

(1) The Welsh Ministers may, by notice, require a recognised person on whom a sanction has been imposed to pay the costs incurred by the Welsh Ministers in relation to imposing the sanction, up to the time it is imposed.

(2) The references in subsection (1) to imposing a sanction are to—

(a) giving a direction under section 32A;

(b) imposing a monetary penalty under section 32AA;

(c) withdrawing recognition under section 32B.

(3) “Costs” includes in particular—

(a) investigation costs;

(b) administration costs;

(c) costs of obtaining expert advice (including legal advice).

(4) A notice given to a recognised person under subsection (1) must contain information as to—

(a) the amount required to be paid,

(b) how payment may be made,

(c) the period within which payment is required to be made (which must not be less than 28 days),

(d) rights of appeal,

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

(f) the consequences of non-payment.

(5) The person may require the Welsh Ministers to provide a detailed breakdown of the amount specified in the notice.

32BB Costs recovery: appeals

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

(a) a decision under section 32BA(1) to require the person to pay costs;

(b) a decision as to the amount of those costs.

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

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

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(3) The requirement to pay the costs is suspended pending the determination of an appeal under this section.

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

(a) withdraw the requirement to pay the costs;

(b) confirm that requirement;

(c) vary that requirement;

(d) take such steps as the Welsh Ministers could take in relation to the failure to comply giving rise to the decision to impose the requirement;

(e) remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to the Welsh Ministers.

32BC Costs: interest and recovery

(1) This section applies if all or part of an amount of costs that a recognised person is required to pay under section 32BA(1) is unpaid at the end of the period ending on the applicable date.

(2) The applicable date is—

(a) the last date on which the recognised person may make an appeal under section 32BB in respect of the costs, if no such appeal is made;

(b) if an appeal under section 32BB in respect of the costs is made—

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

(ii) if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

(3) The unpaid amount of the costs for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(4) The total amount of interest imposed under subsection (3) must not exceed the amount of the costs.

(5) The Welsh Ministers may recover from the person, as a civil debt due to them, the unpaid amount of the costs and any unpaid interest.”

(7) In section 54 of EA 1997 (orders and regulations)—

(a) in subsection (2), after “section” insert “32AB(2) or”;

(b) after subsection (2) insert—

“(2A) A statutory instrument which contains (whether alone or with other provision) an order under section 32AB(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.””

Clause 34

LORD HILL OF OAREFORD

 

Page 33, line 33, at end insert—

“( ) In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (3), omit paragraph (b) (and the “or” preceding it).”

 

Page 33, line 38, leave out sub-paragraph (i)

 

Page 34, line 1, leave out paragraph (c)

Schedule 10

LORD HILL OF OAREFORD

 

Page 85, leave out lines 9 and 10

 

Page 85, line 39, leave out paragraph 5

After Clause 35

LORD HILL OF OAREFORD

 

Insert the following new Clause—

“Objections to admission arrangements

(1) Section 88H of SSFA 1998 (reference of objections to adjudicator) is amended as set out in subsections (2) to (6).

(2) In subsection (2)—

(a) in paragraph (a), for “an appropriate person” substitute “a body or person”;

(b) after “that” insert “body or”.

(3) Omit subsection (3).

(4) In subsection (4) omit “or (3)”.

(5) In subsection (5)—

(a) in paragraph (a)(i) omit “or (3)”;

(b) in paragraph (a)(ii) for “(3)” substitute “(2)”;

(c) in paragraph (c) omit “or (3)”;

(d) in paragraph (d) omit “or (3)”.

(6) Omit subsection (6).

(7) In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for subsection (2)(b) substitute—

“(b) any other person or body.””

Schedule 11

BARONESS MASSEY OF DARWEN

 

Page 87, leave out line 11

 

Page 87, leave out lines 35 to 38

 

Page 87, leave out lines 42 and 43

Clause 39

LORD HILL OF OAREFORD

 

Page 35, line 22, leave out “follows” and insert “set out in subsections (2) to (8)”

 

Page 36, line 31, 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

LORD HILL OF OAREFORD

 

Page 37, line 13, leave out “follows” and insert “set out in subsections (2) to (10)”

 

Page 38, line 4, 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,”.”

After Clause 60

BARONESS MASSEY OF DARWEN

 

Insert the following new Clause—

“Discrimination on grounds of religion or belief

After subsection 1(9) of AA 2010 (Academy arrangements) insert—

“(9A) Subsection (9B) applies if the school is a voluntary controlled school which is designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character.

(9B) The Academy agreement must include terms imposed for the purpose of securing that no greater percentage of pupils are selected on the basis of religion or belief after, as compared with before, the conversion date, unless the Secretary of State has by order provided that section 124AA of AA 2010 does not apply to the school.””

Clause 62

LORD HILL OF OAREFORD

 

Page 51, leave out lines 6 to 16

Prepared 14th October 2011