Education Bill (HL Bill 108)

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 or may be 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 a magistrates’ 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—

(a) the person who is the subject of the allegation, and

(b) the victim of the offence to which the allegation relates.

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

(7) 30In the case of a decision 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

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

(10) The restrictions in subsection (3) cease to apply once proceedings for
the offence have been instituted.

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

(a) the person who is the subject of the allegation includes a matter
in a publication, or

(b) 20another person includes a matter in a publication with the
written consent of the person who is the subject of the
allegation;

and, in either case, the inclusion of the matter in the publication would
otherwise be in breach of subsection (3).

(13) 25Written consent is to be ignored for the purposes of subsection (12)(b)
if it is proved that any person interfered unreasonably with the peace
or comfort of the person giving the consent, with intent to obtain it.

(14) In this section—

• “publication” includes any speech, writing, relevant programme
  30or other communication in whatever form, which is addressed
  to the public at large or any section of the public (and for this
  purpose, every relevant programme shall be taken to be so
  addressed), but does not include—

  (a)

  an indictment or other document prepared for use in
  35particular legal proceedings, or

  (b)

  a document published by the regulator of a profession of
  which the person who is the subject of the allegation is a
  member in connection with disciplinary proceedings in
  relation to the person;

• 40“relevant criminal offence”, in relation to a person employed or
  engaged as a teacher at a school, means an offence against the
  law of England and Wales where the victim of the offence is a
  registered pupil at the school;

• “relevant programme” means a programme included in a
  45programme service, within the meaning of the Broadcasting Act
  1990.

(15) For the purposes of this section, proceedings for an offence are
instituted at the earliest of the following times—

(a) when a justice of the peace issues a summons or warrant under
section 1 of the Magistrates’ Courts Act 1980 in respect of the
offence;

(b) when a public prosecutor issues a written charge and
5requisition in respect of the offence;

(c) when a person is charged with the offence after being taken into
custody without a warrant;

(d) when a bill of indictment is preferred by virtue of section 2(2)(b)
of the Administration of Justice (Miscellaneous Provisions) Act
101933.

141G Offence of breach of reporting restrictions

(1) This 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
15editor and any publisher of the newspaper or periodical is guilty of an
offence.

(3) Where 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) 20any body corporate engaged in providing the programme
service in which the programme is included, and

(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
25of an offence.

(5) A 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) 30to be attributable to any neglect on the part of,

an 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
35capacity.

(8) If 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 40Defences

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

(2) The matters are—

(a) that, at the time of the alleged offence, the person was not
aware, 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
5aware, and neither suspected nor had reason to suspect, that the
allegation in question had been made.”

(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 10Abolition of the Training and Development Agency for Schools

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

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

(1) 15Part 2 of EA 2002 (financial assistance for education and children etc) is
amended as set out in subsections (2) and (3).

(2) In 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) 20enabling any person to receive any training for teachers
or for non-teaching staff;”;

(b) in 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
25(2B)”;

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

(c) after subsection (2) insert—

“(2A) Subsection (2B) applies to—

(a) 30financial assistance given under section 14 to an
institution within the higher education sector, and

(b) financial 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
35by reference to criteria for the selection and appointment of staff
or the admission of students.”

(4) Part 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

In carrying out their duties under sections 10 and 11 of the Education
5Act 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) institutions in Wales within the further education sector, and

(c) 10institutions 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) The Welsh Ministers may promote careers in the school workforce in
15Wales.

(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.

(3) The Welsh Ministers may make arrangements for the power conferred
20by 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) to the extent, and on the terms, specified in the arrangements;

(b) generally or in such circumstances as are specified in the
25arrangements;

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

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

(6) 30In section 92 (joint exercise of functions)—

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

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

(c) after subsection (2) insert—

“(2A) 35The 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) omit subsection (3).

(7) In section 93 (efficiency studies)—

(a) 40in 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
State 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 5Provision 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
10of 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
15school 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,
20loan or other payment under section 86, or financial assistance
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) 25omit 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
30members 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) 35other 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
4014 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
Wales 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) 5“Subordinate legislation” has the meaning given by section 21(1) of the
Interpretation Act 1978.

17 Abolition 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
10State) has effect.

Abolition of the School Support Staff Negotiating Body

18 Abolition 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) 15In consequence of subsection (1), in the House of Commons Disqualification
Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), omit “Person
appointed to chair the School Support Staff Negotiating Body.”

Staff: minor amendments

19 Staffing of maintained schools: suspension of delegated budget

(1) 20In section 35 of EA 2002 (staffing of community, voluntary controlled,
community special and maintained nursery schools), in subsection (7) (effect
of 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) 25In section 36 of that Act (staffing of foundation, voluntary aided and
foundation special schools), in subsection (7) (effect of 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,”.

Part 4 30Qualifications and the Curriculum

International comparison surveys

20 Requirement 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,
foundation or voluntary school in England to secure that the school
5participates in such international education surveys as may be
specified in the direction.”

Ofqual

21 The Chief Regulator of Qualifications and Examinations

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

22 10The 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) regulated qualifications give a reliable indication of knowledge,
15skills and understanding, and

(b) regulated qualifications indicate —

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

(ii) a consistent level of attainment (but not over time)
20between regulated qualifications and comparable
qualifications (including those awarded outside the
United Kingdom) which are not qualifications to which
this Part applies.”

23 Enforcement powers

(1) 25Part 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
30recognition 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) 35Ofqual 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
5recognised 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
10whether 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) 15the 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 20Monetary 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) 25Subject 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
30section 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) 35that 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) 40confirm 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
5recognised 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
10made;

(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
15date 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) 20The 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) 25Ofqual 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
30which 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
35imposing 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) 40“Costs” includes in particular—

(a) investigation costs;

(b) administration costs;

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