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Education BillPage 20

12 Abolition of the GTCE: transfer schemes

Schedule 3 (schemes for the transfer of staff, property, rights and liabilities
from the General Teaching Council for England to the Secretary of State) has
effect.

5Reporting restrictions

13 Restrictions on reporting alleged offences by teachers

(1) In Part 8 of EA 2002 (teachers), after section 141E (inserted by section 8),
insert—

Allegations of offences committed by teachers in England and Wales: reporting
10restrictions
141F Restrictions on reporting alleged offences by teachers

(1) This section applies where a person who is employed or engaged as a
teacher at a school is the subject of an allegation falling within
subsection (2).

(2) 15An allegation falls within this subsection if—

(a) it is an allegation that the person is guilty of a relevant criminal
offence, and

(b) it is made by or on behalf of a registered pupil at the school.

(3) No matter relating to the person is to be included in any publication if
20it is likely to lead members of the public to identify the person as the
teacher who is the subject of the allegation.

(4) Any person may make an application to an appropriate criminal court
for an order dispensing with the restrictions imposed by subsection (3).

(5) The court may make an order dispensing with the restrictions, to the
25extent specified in the order, if it is satisfied that it is in the interests of
justice to do so, having regard to the welfare of the person who is the
subject of the allegation.

(6) The power under subsection (5) of a magistrates’ court may be
exercised by a single justice.

(7) 30In the case of a decision of a magistrates’ court to make or refuse to
make an order under subsection (5), a person mentioned in subsection
(8) may, in accordance with Criminal Procedure Rules—

(a) appeal to the Crown Court against the decision, or

(b) appear or be represented at the hearing of such an appeal.

(8) 35The persons referred to in subsection (7) are—

(a) a person who was a party to the proceedings on the application
for the order;

(b) any other person with the leave of the Crown Court.

(9) On an appeal under subsection (7), the Crown Court may—

(a) 40make such order as is necessary to give effect to its
determination of the appeal, and

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(b) make such incidental or consequential orders as appear to it to
be just.

(10) The restrictions in subsection (3) cease to apply once there are
proceedings in a court in respect of the offence.

(11) 5The restrictions in subsection (3) also cease to apply if—

(a) the Secretary of State publishes information about the person
who is the subject of the allegation in connection with an
investigation or decision under section 141B (investigation of
disciplinary cases by Secretary of State) relating to the same
10allegation, or

(b) the General Teaching Council for Wales publishes information
about the person who is the subject of the allegation in
connection with an investigation, hearing or determination
under Schedule 2 to the Teaching and Higher Education Act
151998 (investigation of disciplinary cases by the General
Teaching Council for Wales) relating to the same allegation.

(12) In this section—

141G Offence of breach of reporting restrictions

(1) 40This section applies if a publication includes any matter in breach of
section 141F(3).

(2) Where the publication is a newspaper or periodical, any proprietor, any
editor and any publisher of the newspaper or periodical is guilty of an
offence.

(3) 45Where the publication is a programme included in a programme
service (within the meaning of the Broadcasting Act 1990), the
following are guilty of an offence—

(a) any body corporate engaged in providing the programme
service in which the programme is included, and

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(b) any person having functions in relation to the programme
corresponding to those of an editor of a newspaper.

(4) In the case of any other publication, any person publishing it is guilty
of an offence.

(5) 5A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.

(6) If an offence committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of, or

(b) to be attributable to any neglect on the part of,

10an officer, the officer as well as the body corporate is guilty of the
offence and liable to be proceeded against and punished accordingly.

(7) In subsection (6), “officer” means a director, manager, secretary or other
similar officer of the body, or a person purporting to act in any such
capacity.

(8) 15If the affairs of a body corporate are managed by its members,
“director” in subsection (7) means a member of that body.

(9) Schedule 11B contains supplementary provision relating to an offence
under this section.

141H Defences

(1) 20Where a person is charged with an offence under section 141G, it is a
defence for the person to prove any of the matters mentioned in
subsection (2).

(2) The matters are—

(a) that, at the time of the alleged offence, the person was not
25aware, and neither suspected nor had reason to suspect, that the
publication included the matter in question;

(b) that, at the time of the alleged offence, the person was not
aware, and neither suspected nor had reason to suspect, that the
allegation in question had been made;

(c) 30that the person who is the subject of the allegation had given
written consent to the inclusion of the matter in question in the
publication.

(3) Written consent is not a defence if it is proved that any person
interfered unreasonably with the peace or comfort of the person giving
35the consent, with intent to obtain it.

(2) Schedule 4 (offence of breaching reporting restrictions: application to
providers of information society services) has effect.

Abolition of the Training and Development Agency for Schools

14 Abolition of the Training and Development Agency for Schools

40Sections 74 to 84 of, and Schedule 13 to, EA 2005 (the Training and
Development Agency for Schools) are repealed.

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15 Training the school workforce: powers of Secretary of State and Welsh
Ministers

(1) Part 2 of EA 2002 (financial assistance for education and children etc) is
amended as set out in subsections (2) and (3).

(2) 5In section 14 (power of Secretary of State and Welsh Ministers to give financial
assistance for purposes related to education or children etc)—

(a) in subsection (2), after paragraph (c) insert—

(ca) enabling any person to receive any training for teachers
or for non-teaching staff;;

(b) 10in subsection (2ZA), for “(2)(g)” substitute “(2)”.

(3) In section 16 (terms on which assistance under section 14 is given)—

(a) in subsection (1), after “appropriate” insert “, subject to subsection
(2B)”;

(b) in subsection (2)(b), after “appropriate” insert “, subject to subsection
15(2B)”;

(c) after subsection (2) insert—

(2A) Subsection (2B) applies to—

(a) financial assistance given under section 14 to an
institution within the higher education sector, and

(b) 20financial assistance required by virtue of subsection
(2)(b) to be given to such an institution.

(2B) The terms on which the assistance is given may not be framed
by reference to criteria for the selection and appointment of staff
or the admission of students.

(4) 25Part 3 of EA 2005 (training the school workforce) is amended as set out in
subsections (5) to (9).

(5) Before section 85 (and the italic heading preceding it), insert—

Functions of Welsh Ministers with respect to the school workforce
84A General duty of Welsh Ministers with respect to teacher training

30In carrying out their duties under sections 10 and 11 of the Education
Act 1996, the Welsh Ministers must in particular make such
arrangements as they consider expedient for securing that sufficient
facilities are available for the training of teachers to serve in—

(a) schools maintained by local authorities in Wales,

(b) 35institutions in Wales within the further education sector, and

(c) institutions in Wales which are maintained by local authorities
in Wales and provide higher education or further education (or
both).

84B Power to promote careers in school workforce in Wales

(1) 40The Welsh Ministers may promote careers in the school workforce in
Wales.

(2) The Welsh Ministers may exercise the power conferred by subsection
(1) jointly with the Secretary of State or any other person with functions
relating to careers in the school workforce.

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(3) The Welsh Ministers may make arrangements for the power conferred
by subsection (1) to be exercised on their behalf by any other person.

(4) Arrangements under subsection (3) may (in particular) make provision
for that power to be exercised—

(a) 5to the extent, and on the terms, specified in the arrangements;

(b) generally or in such circumstances as are specified in the
arrangements;

(c) jointly with any person with whom it can be exercised jointly by
the Welsh Ministers by virtue of subsection (2).

(5) 10Arrangements under subsection (3) do not prevent the power conferred
by subsection (1) from being exercised by the Welsh Ministers.

(6) In section 92 (joint exercise of functions)—

(a) in subsection (1), for “A funding agency” substitute “The Secretary of
State, HEFCW”;

(b) 15in subsection (2), omit “the other funding agency,”;

(c) after subsection (2) insert—

(2A) The reference in subsection (1) to the functions of the Secretary
of State is to the functions of the Secretary of State relating to
training for members of the school workforce.;

(d) 20omit subsection (3).

(7) In section 93 (efficiency studies)—

(a) in subsection (1), for “A funding agency” substitute “The Secretary of
State and HEFCW”;

(b) in subsection (2), for “a funding agency” substitute “the Secretary of
25State or HEFCW”;

(c) in subsection (3)(a), for “support under this Part from the Agency”
substitute “assistance under section 14 of the Education Act 2002 from
the Secretary of State”.

(8) For section 94 (duty to provide information) substitute—

94 30Provision of information

(1) HEFCW may give the Secretary of State information for the purposes
of the exercise of the Secretary of State’s functions relating to training
for members of the school workforce.

(2) The Secretary of State may give HEFCW information for the purposes
35of the exercise of their functions under any enactment.

(3) The persons and bodies mentioned in subsection (4) must—

(a) give the Secretary of State such information as the Secretary of
State may require for the purpose of the exercise of the Secretary
of State’s functions relating to training for members of the
40school workforce;

(b) give HEFCW such information as they may require for the
purpose of the exercise of their functions under any enactment.

(4) The persons and bodies referred to in subsection (3) are—

(a) a person receiving, or who has received or applied for, a grant,
45loan or other payment under section 86, or financial assistance

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from the Secretary of State under section 14 of the Education Act
2002;

(b) a local authority.

(9) In section 100 (interpretation of Part 3)—

(a) 5omit the definitions of “the Agency” and “a funding agency”;

(b) in the definition of “the school workforce”, for “section 75(5)” substitute
“subsection (1A)”;

(c) in the definition of “training provider”, for “has the meaning given by
section 78(3)” substitute “means a person who provides training for
10members of the school workforce”;

(d) after subsection (1) insert-

(1A) For the purposes of this Part, the school workforce consists of
the following members—

(a) persons who work in schools, and

(b) 15other persons who are teachers or who carry out work
that consists of or includes teaching.

16 Abolition of the TDA: consequential amendments

(1) Schedule 5 (abolition of the TDA: consequential amendments) has effect.

(2) The Secretary of State may by order make changes in consequence of sections
2014 and 15 to any provision of subordinate legislation made before the date on
which this Act is passed.

(3) The Welsh Ministers may by order make changes in consequence of sections 14
and 15, so far as applicable to Wales, to any provision of—

(a) an instrument made under a Measure of the National Assembly for
25Wales before the date on which this Act is passed;

(b) any other subordinate legislation made before the date on which this
Act is passed, so far as applicable to Wales.

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

17 30Abolition of the TDA: transfer schemes

Schedule 6 (schemes for the transfer of staff, property, rights and liabilities
from the Training and Development Agency for Schools to the Secretary of
State) has effect.

Abolition of the School Support Staff Negotiating Body

18 35Abolition of the School Support Staff Negotiating Body

(1) Sections 227 to 241 of, and Schedule 15 to, ASCLA 2009 (the School Support
Staff Negotiating Body) are repealed.

(2) In consequence of subsection (1), in the House of Commons Disqualification
Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), omit “Person
40appointed to chair the School Support Staff Negotiating Body.”

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Staff: minor amendments

19 Staffing of maintained schools: suspension of delegated budget

(1) In section 35 of EA 2002 (staffing of community, voluntary controlled,
community special and maintained nursery schools), in subsection (7) (effect
5of suspension of school’s delegated budget), after “the School Standards and
Framework Act 1998” insert “, or section 66 of the Education and Inspections
Act 2006,”.

(2) In section 36 of that Act (staffing of foundation, voluntary aided and
foundation special schools), in subsection (7) (effect of suspension of school’s
10delegated budget), after “the School Standards and Framework Act 1998”
insert “, or section 66 of the Education and Inspections Act 2006,”.

Part 4 Qualifications and the Curriculum

International comparison surveys

20 15Requirement for schools to participate in international surveys

In Chapter 4 of Part 9 of EA 1996 (provision of information by governing bodies
etc), after section 538, insert—

538A Power to direct participation in international surveys

The Secretary of State may direct the governing body of a community,
20foundation or voluntary school in England to secure that the school
participates in such international education surveys as may be
specified in the direction.

Ofqual

21 The Chief Regulator of Qualifications and Examinations

25Schedule 7 (the Chief Regulator of Qualifications and Examinations) has effect.

22 The qualifications standards objective

In section 128 of ASCLA 2009 (Ofqual’s objectives) for subsection (2) (the
qualifications standards objective) substitute—

(2) The qualifications standards objective is to secure that—

(a) 30regulated qualifications give a reliable indication of knowledge,
skills and understanding, and

(b) regulated qualifications indicate —

(i) a consistent level of attainment (including over time)
between comparable regulated qualifications, and

(ii) 35a consistent level of attainment (but not over time)
between regulated qualifications and comparable
qualifications (including those awarded outside the

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United Kingdom) which are not qualifications to which
this Part applies.

Abolition of the Qualifications and Curriculum Development Agency

23 Abolition of the Qualifications and Curriculum Development Agency

5Sections 175 to 191 of, and Schedule 11 to, ASCLA 2009 (the Qualifications and
Curriculum Development Agency) are repealed.

24 Abolition of the QCDA: consequential amendments

(1) Schedule 8 (abolition of the QCDA: consequential amendments) has effect.

(2) The Secretary of State may by order make changes in consequence of section 23
10to any provision of subordinate legislation made before the date on which this
Act is passed.

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

25 Abolition of the QCDA: transfer schemes

15Schedule 9 (schemes for the transfer of staff, property, rights and liabilities
from the QCDA to other persons) has effect.

Careers education and guidance

26 Education and training support services in England

(1) Part 2 of ESA 2008 (education and training support services in England) is
20amended as set out in subsections (2) to (6).

(2) Section 69 (Secretary of State directions in relation to education and training
support services) is repealed.

(3) In consequence of subsection (2)—

(a) in section 68 (provision of support services by local authorities)—

(i) 25omit subsection (2);

(ii) in subsection (3), omit “and section 69”;

(iii) in subsection (4), omit paragraph (a) (and the “and” after it);

(b) in section 70(2) (local authorities: supplementary powers), omit “or 69”;

(c) in section 71(8) (provision of support on conditional basis), for “68(2)
30and (4)” substitute “68(4)”.

(4) Section 73 (duty on schools and FE institutions to permit access by persons
involved in providing education and training support services) is repealed.

(5) In section 76A (supply of information obtained in connection with education
and training support services), omit subsection (5) (information not to be
35disclosed in a way that reveals identity of individual to whom it relates).

(6) In consequence of the amendment made by subsection (2), omit section 255(2)
of ASCLA 2009.

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27 Careers guidance in schools in England

(1) Part 7 of EA 1997 (careers education and guidance) is amended as set out in
subsections (2) to (8).

(2) Before section 43 insert—

42A 5Provision of careers guidance in schools in England

(1) The responsible authorities for a school in England within subsection
(2) must secure that all registered pupils at the school are provided with
independent careers guidance during the relevant phase of their
education.

(2) 10A school is within this subsection if it provides secondary education
and is one of the following—

(a) a community, foundation or voluntary school;

(b) a community or foundation special school (other than one
established in a hospital);

(c) 15a pupil referral unit.

(3) The responsible authorities for a school within subsection (2) are—

(a) in the case of a school within subsection (2)(a) or (b), its
governing body;

(b) in the case of a pupil referral unit, the local authority that
20maintain it.

(4) The responsible authorities must secure that careers guidance provided
under subsection (1)—

(a) is presented in an impartial manner,

(b) includes information on options available in respect of 16 to 18
25education or training, including apprenticeships, and

(c) is guidance that the person giving it considers will promote the
best interests of the pupils to whom it is given.

(5) Careers guidance provided to pupils at a school is independent for the
purposes of this section if it is provided other than by—

(a) 30a teacher employed or engaged at the school, or

(b) any other person employed at the school.

(6) For the purposes of this section the relevant phase of a pupil’s
education is the period—

(a) beginning at the same time as the school year in which the
35majority of pupils in the pupil’s class attain the age of 14, and

(b) ending with the expiry of the school year in which the majority
of pupils in the pupil’s class attain the age of 16.

(7) In this section—

(3) In section 43 (careers education in schools)—

(a) 15in subsection (1), after “school” insert “in Wales”;

(b) in subsection (2), omit paragraph (d) (but not the “and” after it);

(c) omit subsections (2A) and (2B);

(d) in subsection (3)—

(i) omit “(and, where applicable, subsection (2B))”;

(ii) 20omit paragraph (b) (but not the “and” after it);

(e) omit subsection (4);

(f) in subsection (6)—

(i) in the definition of “class”, for the words from “, in relation” to
the end substitute “has the same meaning as in section 42A;”;

(ii) 25omit the definitions of “16-18 education or training” and
“training”;

(g) in the heading, at the end insert “in Wales”.

(4) In section 44—

(a) in subsection (8)(a), for “listed in section 43(2)(a) to (d)” substitute “in
30Wales listed in section 43(2)(a) and (c)”;

(b) in subsection (8)(b), after “institutions” insert “in Wales”;

(c) for subsection (9) substitute—

(9) It is the duty of the each of the following to secure that
subsections (1), (4) and (6) are complied with—

(a) 35the governing body of the school or institution;

(b) its head teacher, principal or other head.;

(d) in subsection (10)(a), after “a school” insert “in Wales”;

(e) in subsection (10)(b), after “an institution” insert “in Wales”;

(f) in the heading, after “institutions” insert “in Wales”.

(5) 40In section 45 (provision of careers information at schools and other
institutions)—

(a) in subsection (2)(a), for “listed in section 43(2)(a) to (d)” substitute “in
Wales listed in section 43(2)(a) and (c)”;

(b) in subsection (2), omit the words from “and, in the case” to the end;

(c) 45omit subsections (2A) and (2B);

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