Education Bill (HL Bill 98)

A

BILL

TO

Make provision about education, childcare, apprenticeships and training; to
make provision about schools and the school workforce, institutions within
the further education sector and Academies; to abolish the General Teaching
Council for England, the Training and Development Agency for Schools, the
School Support Staff Negotiating Body, the Qualifications and Curriculum
Development Agency and the Young People’s Learning Agency for England;
to make provision about the Office of Qualifications and Examinations
Regulation and the Chief Executive of Skills Funding; to make provision about
student loans and fees; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Early years provision

1 Free of charge early years provision

(1) Part 1 of the Childcare Act 2006 (functions of local authorities in England in
5relation to childcare) is amended as set out in subsections (2) and (3).

(2) For section 7 (duty to secure prescribed early years provision free of charge)
substitute—

7 Duty to secure early years provision free of charge in accordance with
regulations

(1) 10An English local authority must secure that early years provision of
such description as may be prescribed is available free of charge, in
accordance with any regulations under this subsection, for each young
child in their area who—

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(a) is under compulsory school age, and

(b) is of such description as may be prescribed.

(2) Regulations under subsection (1) may in particular include provision
about—

(a) 5how much early years provision is to be made available in
pursuance of the duty imposed by subsection (1);

(b) the times at which, and periods over which, early years
provision is to be made available in pursuance of that duty.

(3) In discharging the duty under subsection (1) a local authority must
10have regard to any guidance given from time to time by the Secretary
of State.

(3) After section 13 insert—

13A Supply of information: free of charge early years provision

(1) This subsection applies to information held for the purposes of
15functions relating to tax credits—

(a) by the Commissioners for Her Majesty’s Revenue and Customs,
or

(b) by a person providing services to them, in connection with the
provision of those services.

(2) 20This subsection applies to information held for the purposes of
functions relating to social security—

(a) by the Secretary of State, or

(b) by a person providing services to the Secretary of State, in
connection with the provision of those services.

(3) 25Information to which subsection (1) or (2) applies may be supplied to
the Secretary of State, or a person providing services to the Secretary of
State, for use for the purpose of determining eligibility for free of charge
early years provision.

(4) Information to which subsection (2) applies may be supplied to an
30English local authority for use for that purpose.

(5) Information received by virtue of subsection (3) may be supplied—

(a) to another person to whom it could have been supplied under
that subsection, or

(b) to an English local authority,

35for use for that purpose.

(6) The references in subsections (4) and (5)(b) to an English local authority
include references to a person exercising on behalf of an English local
authority functions relating to eligibility for free of charge early years
provision.

(7) 40For the purposes of this section and section 13B, free of charge early
years provision is early years provision which is required to be made
available in pursuance of the duty imposed by section 7.

(8) This section does not limit the circumstances in which information may
be supplied apart from this section.

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13B Unauthorised disclosure of information received under section 13A

(1) A person commits an offence if the person discloses any information—

(a) which the person received by virtue of any of subsections (3) to
(5) of section 13A, and

(b) 5which relates to a particular person,

unless the information is disclosed in accordance with subsection (2).

(2) Information is disclosed in accordance with this subsection if it is
disclosed in any of the following ways—

(a) in the case of information received by virtue of section 13A(3),
10in accordance with section 13A(5);

(b) in the course of a duty that the person disclosing it has in
connection with the exercise of functions relating to eligibility
for free of charge early years provision;

(c) in accordance with an enactment or an order of a court;

(d) 15with consent given by or on behalf of the person to whom the
information relates.

(3) It is a defence for a person charged with an offence under subsection (1)
to prove that the person reasonably believed that the disclosure was
lawful.

(4) 20A person guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding two years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not
exceeding 12 months, or a fine not exceeding the statutory
25maximum, or both.

(5) In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003, the reference in
subsection (4)(b) to 12 months is to be read as a reference to 6 months.

(4) Section 100 of the Childcare Act 2006 (provision of information about young
30children: transitory provision) is repealed.

Part 2 Discipline

2 Power of members of staff at schools to search pupils

(1) Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is
35amended as set out in subsections (2) to (5).

(2) In section 550ZA (power of members of staff to search pupils for prohibited
items: England)—

(a) in subsection (3) (prohibited items), after paragraph (e) insert—

(ea) an article that the member of staff reasonably suspects
40has been, or is likely to be, used—

(i) to commit an offence, or

(ii) to cause personal injury to, or damage to the
property of, any person (including P);;

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(b) in that subsection, after paragraph (f) insert—

(g) any other item which the school rules identify as an item
for which a search may be made.;

(c) after subsection (4), insert—

(4A) 5In subsection (3)(ea)(i), “offence” includes anything that would
be an offence but for the operation of any presumption that a
person under a particular age is incapable of committing an
offence.

(4B) In subsection (3)(g), the “school rules” means—

(a) 10in the case of a maintained school or a non-maintained
special school, rules in force at the school that are made
under measures determined and publicised by the head
teacher under section 89 of the Education and
Inspections Act 2006;

(b) 15in the case of any other school, measures relating to
discipline in the school that are determined and
publicised in accordance with regulations.

(4C) In subsection (4B)(a)—

  • “maintained school” means—

    (a)

    20a community, foundation or voluntary school,

    (b)

    a community or foundation special school,

    (c)

    a maintained nursery school, or

    (d)

    a pupil referral unit;

  • “non-maintained special school” means a school that is
    25approved under section 342.

(3) In section 550ZB (power of search under section 550ZA: supplementary)—

(a) in subsection (5), after “section 550ZA” insert “to search for an item
within section 550ZA(3)(a) to (f)”;

(b) in subsection (6)—

(i) 30in paragraph (b), after “P” insert “, unless the condition in
subsection (6A) is satisfied”;

(ii) in paragraph (c), after “staff” insert “, unless the condition in
subsection (6A) is satisfied”;

(c) after subsection (6), insert—

(6A) 35The condition is satisfied if—

(a) the person carrying out the search reasonably believes
that there is a risk that serious harm will be caused to a
person if the search is not carried out as a matter of
urgency, and

(b) 40in the time available it is not reasonably practicable for
the search to be carried out by a person of the same sex
as P or in the presence of another member of staff (as the
case may be).;

(d) in subsection (7), in paragraph (b), after “staff” insert “, unless the
45condition in subsection (7A) is satisfied”;

(e) after subsection (7), insert—

(7A) The condition is satisfied if—

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(a) the person carrying out the search reasonably believes
that there is a risk that serious harm will be caused to a
person if the search is not carried out as a matter of
urgency, and

(b) 5in the time available it is not reasonably practicable for
the search to be carried out in the presence of another
member of staff.

(4) In section 550ZC (power to seize items found during search under section
550ZA)—

(a) 10in subsection (2) after “subsection (1)” insert “to seize an item within
section 550ZA(3)(a) to (f) or anything within subsection (1)(b)”;

(b) after subsection (6) insert—

(6A) A person who seizes an item that is a prohibited item by virtue
of section 550ZA(3)(ea) (article used in commission of offence or
15to cause personal injury or damage to property) under
subsection (1) must—

(a) deliver the item to a police constable as soon as
reasonably practicable,

(b) return the item to its owner,

(c) 20retain the item, or

(d) dispose of the item.

(6B) A person who seizes an item that is a prohibited item by virtue
of section 550ZA(3)(g) (item for which search may be made
under school rules) under subsection (1) must return it to its
25owner, retain it or dispose of it.

(6C) In deciding what to do with an item under subsection (6A) or
(6B), the person who seized it must have regard to guidance
issued for the purpose of this section by the Secretary of State.

(6D) Subsections (6E) and (6F) apply to an item that—

(a) 30has been seized under subsection (1),

(b) is a prohibited item by virtue of section 550ZA(3)(ea) or
(g), and

(c) is an electronic device.

(6E) The person who seized the item may examine any data or files
35on the device, if the person thinks there is a good reason to do
so.

(6F) Following an examination under subsection (6E), if the person
has decided to return the item to its owner, retain it or dispose
of it, the person may erase any data or files from the device if the
40person thinks there is a good reason to do so.

(6G) In determining whether there is a good reason for the purposes
of subsection (6E) or (6F), the person must have regard to any
guidance issued for the purposes of this section by the Secretary
of State.;

(c) 45in subsection (9), for “and (5)” substitute “, (5) and (6A)”.

(5) In section 550ZD (section 550ZC: supplementary)—

(a) in subsection (1), after “(5)(a)” insert “, (6A)(a)”;

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(b) in subsection (2)(a), for the words from “alcohol” to “article” substitute
“an item within subsection (2A)”;

(c) after subsection (2), insert—

(2A) The items referred to in subsection (2)(a) are—

(a) 5alcohol or its container;

(b) a controlled drug;

(c) a stolen article;

(d) an item that is a prohibited item by virtue of section
550ZA(3)(ea) or (g).

(2B) 10Subsection (3) also applies where a person—

(a) erases data or a file from an electronic device under
section 550ZC(6F); and

(b) proves that the erasure was lawful.;

(d) in subsection (3)(a), for “or disposal” substitute “, disposal or erasure”;

(e) 15in subsection (4), after “(2)” insert “, (2B)”.

(6) In section 569 of EA 1996, in subsection (2A) (regulations subject to affirmative
procedure), for “550ZA or 550ZC” substitute “550ZA(3)(f) or 550ZC(7)”.

(7) In section 89 of EIA 2006 (determination by head teacher of behaviour policy),
after subsection (4) insert—

(4A) 20In relation to a school in England, rules made under subsection (4) must
identify the items for which a search may be made.

3 Power of members of staff at further education institutions to search students

(1) Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.

(2) In section 85AA (power of members of staff to search students for prohibited
25items: England), in subsection (3) (prohibited items), after paragraph (e)
insert—

(ea) an article that the member of staff reasonably suspects has been,
or is likely to be, used—

(i) to commit an offence, or

(ii) 30to cause personal injury to, or damage to the property of,
any person (including S);.

(3) In section 85AB (power of search under section 85AA: supplementary)—

(a) in subsection (6)—

(i) in paragraph (b), after “S” insert “, unless the condition in
35subsection (6A) is satisfied”;

(ii) in paragraph (c), after “staff” insert “, unless the condition in
subsection (6A) is satisfied”;

(b) after subsection (6), insert—

(6A) The condition is satisfied if—

(a) 40the person carrying out the search reasonably believes
that there is a risk that serious harm will be caused to a
person if the search is not carried out as a matter of
urgency, and

(b) in the time available it is not reasonably practicable for
45the search to be carried out by a person of the same sex

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as S or in the presence of another member of staff (as the
case may be).;

(c) in subsection (7), in paragraph (b), after “staff” insert “, unless the
condition in subsection (7A) is satisfied”;

(d) 5after subsection (7), insert—

(7A) The condition is satisfied if—

(a) the person carrying out the search reasonably believes
that there is a risk that serious harm will be caused to a
person if the search is not carried out as a matter of
10urgency, and

(b) in the time available it is not reasonably practicable for
the search to be carried out in the presence of another
member of staff.

(4) In section 85AC (power to seize items found during search under section
1585AA)—

(a) after subsection (6) insert—

(6A) A person who seizes an item that is a prohibited item by virtue
of section 85AA(3)(ea) (article used in commission of offence or
to cause personal injury or damage to property) under
20subsection (1) must—

(a) deliver the item to a police constable as soon as
reasonably practicable,

(b) return the item to its owner,

(c) retain the item, or

(d) 25dispose of the item.

In deciding what to do with an item under this subsection, the
person who seized it must have regard to guidance issued for
the purpose of this section by the Secretary of State.

(6B) Subsections (6C) and (6D) apply to an item that—

(a) 30has been seized under subsection (1),

(b) is a prohibited item by virtue of section 85AA(3)(ea),
and

(c) is an electronic device.

(6C) The person who seized the item may examine any data or files
35on the device, if the person thinks there is a good reason to do
so.

(6D) Following an examination under subsection (6C), if the person
has decided to return the item to its owner, retain it or dispose
of it, the person may erase any data or files from the device if the
40person thinks there is a good reason to do so.

(6E) In determining whether there is a good reason for the purposes
of subsection (6C) or (6D), the person must have regard to any
guidance issued for the purposes of this section by the Secretary
of State.;

(b) 45in subsection (9), for “and (5)” substitute “, (5) and (6A)”.

(5) In section 85AD (section 85AC: supplementary)—

(a) in subsection (1), after “(5)(a)” insert “, (6A)(a)”;

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(b) in subsection (2)(a), for the words from “alcohol” to “article” substitute
“an item within subsection (2A)”;

(c) after subsection (2), insert—

(2A) The items referred to in subsection (2)(a) are—

(a) 5alcohol or its container;

(b) a controlled drug;

(c) a stolen article;

(d) an article that is a prohibited item by virtue of section
85AA(3)(ea).

(2B) 10Subsection (3) also applies where a person—

(a) erases data or a file from an electronic device under
section 85AC(6D); and

(b) proves that the erasure was lawful.;

(d) in subsection (3)(a), for “or disposal” substitute “, disposal or erasure”;

(e) 15in subsection (4), after “(2)” insert “, (2B)”.

4 Exclusion of pupils from schools in England: review

(1) Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and
attendance) is amended as follows.

(2) Before section 52, insert—

51A 20Exclusion of pupils: England

(1) The head teacher of a maintained school in England may exclude a
pupil from the school for a fixed period or permanently.

(2) The teacher in charge of a pupil referral unit in England may exclude a
pupil from the unit for a fixed period or permanently.

(3) 25Regulations must make provision—

(a) requiring prescribed persons to be given prescribed
information relating to any exclusion under subsection (1) or
(2);

(b) requiring the responsible body, in prescribed cases, to consider
30whether the pupil should be reinstated;

(c) requiring the local authority to make arrangements enabling a
prescribed person to apply to a review panel for a review, in any
prescribed case, of a decision of the responsible body not to
reinstate a pupil;

(d) 35about the constitution of a review panel;

(e) about the procedure to be followed on a review under
paragraph (c).

(4) On an application by virtue of subsection (3)(c), the review panel
may—

(a) 40uphold the decision of the responsible body,

(b) recommend that the responsible body reconsiders the matter, or

(c) if it considers that the decision of the responsible body was
flawed when considered in the light of the principles applicable
on an application for judicial review, quash the decision of the

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responsible body and direct the responsible body to reconsider
the matter.

(5) Regulations may provide for the panel to have supplementary powers,
and in particular may provide that the panel has the power to make a
5direction about the effect on an excluded pupil of a recommendation
under subsection (4)(b) or a direction under subsection (4)(c).

(6) In a case where the panel gives a direction under subsection (4)(c) to the
governing body of a maintained school, the panel may, in prescribed
circumstances, order an adjustment of the school’s budget share for a
10funding period.

(7) Regulations must make provision about—

(a) how the amount of the adjustment is to be determined;

(b) the effect of the adjustment on the budget shares of other
maintained schools for the funding period.

(8) 15Regulations under this section may also make provision—

(a) for the payment by the local authority of allowances to
members of the review panel;

(b) requiring a person or body exercising functions under
subsection (1) or (2) or under the regulations to have regard to
20any guidance given from time to time by the Secretary of State;

(c) requiring local authorities to give prescribed information to the
Secretary of State;

(d) in relation to any other matter relating to the exercise of the
powers conferred by subsections (1) and (2).

(9) 25Regulations made by virtue of subsection (8)(a) may provide for any of
the provisions of sections 173 to 174 of the Local Government Act 1972
(allowances to members of local authorities and other bodies) to apply
with prescribed modifications in relation to members of a review panel.

(10) In this section—

  • 30“budget share” and “funding period” have the same meaning as in
    Part 2 of the School Standards and Framework Act 1998;

  • “exclude”, in relation to the exclusion of a pupil from a school or
    pupil referral unit, means exclude on disciplinary grounds (and
    “exclusion” is to be construed accordingly);

  • 35“maintained school” has the same meaning as in Chapter 1;

  • “the responsible body” means—

    (a)

    in relation to exclusion from a maintained school, the
    governing body of the school;

    (b)

    in relation to exclusion from a pupil referral unit, such
    40person as may be prescribed.

(11) In relation to any time when no responsible body is prescribed in
relation to permanent exclusion from a pupil referral unit, subsection
(3) has effect in relation to such an exclusion as if—

(a) paragraph (b) were omitted, and

(b) 45the decision referred to in paragraph (c) were the decision of the
teacher in charge of the unit permanently to exclude the pupil.