Education Bill (HL Bill 108)

63 Academies: land

Schedule 14 (Academies: land) has effect.

64 Academy admissions arrangements: references to adjudicator

(1) Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements)
5is 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) in relation to an Academy, means the proprietor of the
10Academy.”;

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

(3) In section 88H (reference of objections to adjudicator), after subsection (1)
insert—

“(1A) This section also applies where admission arrangements for an
15Academy have been determined by the proprietor of an Academy
under Academy arrangements.”

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

(a) after “determined” insert “—

(a)”; 20

(b) at 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) 25in subsection (5), for the words from “means” to the end substitute
“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
30England, and

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

65 Academies: minor amendments

35Schedule 15 (Academies: minor amendments) has effect.

Part 7 Post-16 education and training

Abolition of the Young People’s Learning Agency for England

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

5Sections 60 to 80 of, and Schedule 3 to, ASCLA 2009 (the Young People’s
Learning Agency for England) are repealed.

67 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
10section 66 to 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.

68 Abolition of the YPLA: transfer schemes

15Schedule 17 (schemes for the transfer of staff, property, rights and liabilities
from the Young People’s Learning Agency for England to other persons) has
effect.

Apprenticeships

69 The apprenticeship offer

(1) 20ASCLA 2009 is amended as follows.

(2) After section 83 insert—

“83A The apprenticeship offer

(1) The Chief Executive must secure the provision of proper facilities for
apprenticeship training that is suitable to the requirements of persons
25who—

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

(b) have 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
30section 83B as “the apprenticeship offer”.

(3) An apprenticeship opportunity is an opportunity to—

(a) enter into an apprenticeship agreement,

(b) enter into any other contract of employment in connection with
which training will be provided in accordance with an
35apprenticeship framework, or

(c) undertake any other kind of working—

(i) in 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) 5A person within this subsection is one who is over compulsory school
age 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
10England has the duties provided for in section 23C of the
Children 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
1525), in relation to whom a local authority in England is the
responsible 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) 20If regulations under subsection (6)(b) describe a person by reference to
an 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
25individuals, and

(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) 30In 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
35of 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
40particular 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
45level 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”);

• section 12 (meaning of apprenticeship framework and level of an
  5apprenticeship 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
includes a reference to a certificate or other evidence (including a
10certificate 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.

70 Securing the provision of apprenticeship training

(1) 15Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as
follows.

(2) In section 85 (encouragement of training provision etc for persons within
section 83)—

(a) for subsection (1)(a) substitute—

“(a) 20make reasonable efforts to secure that employers
participate in the provision of apprenticeship training
for all persons who are within section 83(1)(a) or (b) or
section 83A(4), (5) or (6);”;

(b) in subsection (1)(b), for “training within the Chief Executive’s remit”
25substitute “apprenticeship training”;

(c) in subsection (2), after “provision of” insert “apprenticeship”;

(d) in the heading, for “Encouragement of training provision etc for
persons within section 83” substitute “Provision of apprenticeship
training etc for persons within section 83 or 83A”.

(3) 30In section 118 (guidance by Secretary of State), after subsection (1) insert—

“(1A) Guidance under this section must include guidance about the
performance by the Chief Executive of the duty imposed by section
85(1)(a).”

71 Apprenticeship certificates

(1) 35ASCLA 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
apprenticeship certificate to charge a fee for doing so.”

(3) 40For section 6 (apprenticeship certificates: the English certifying authority)

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

72 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.”

73 Functions of the Chief Executive of Skills Funding

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

(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

74 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 Direct payments

75 Direct payments: persons with special educational needs or subject to
learning difficulty assessment

(1) In Chapter 2 of Part 9 of EA 1996 (ancillary functions of local authorities) after

section 532 insert—

“Direct payments

532A Persons with special educational needs or subject to learning
difficulty assessment

(1) 5A local authority in England may make a payment (a “direct payment”)
for the purpose of securing the provision of any goods and services
mentioned in subsection (2) to a person (“the beneficiary”)—

(a) for whom the authority maintain a statement of special
educational needs under section 324, or

(b) 10who is subject to learning difficulty assessment by the
authority.

This power is subject to subsection (3).

(2) The goods and services referred to in subsection (1) are—

(a) where the beneficiary is within subsection (1)(a), special
15educational provision specified in the statement of special
educational needs;

(b) where the beneficiary is within subsection (1)(b) and the
authority have arranged for an assessment to be conducted
under section 139A of the Learning and Skills Act 2000,
20provision identified in the assessment as required to meet the
beneficiary’s educational and training needs;

(c) transport or anything else that may be the subject of
arrangements under section 508B(1), 508F(1) or 509AA(7)(b)
that apply in relation to the beneficiary.

(3) 25A direct payment may be made only in accordance with a pilot scheme
made under section 532B.

532B Pilot schemes

(1) The Secretary of State may by order make pilot schemes in accordance
with which direct payments may be made under section 532A.

(2) 30Subject to the following provisions of this section, a pilot scheme may
include such provision as the Secretary of State thinks appropriate.

(3) A pilot scheme must include provision about—

(a) circumstances in which, and the descriptions of goods and
services in respect of which, direct payments may (or may not)
35be made;

(b) descriptions of persons to or in respect of whom direct
payments may (or may not) be made;

(c) conditions with which a local authority must comply before,
after or at the time of making a direct payment;

(d) 40conditions with which a person to or in respect of whom a direct
payment is or may be made may be required by a local
authority to comply before, after or at the time the payment is
made;

(e) the principles by reference to which the amount of a direct
45payment is to be calculated;

(f) circumstances in which a local authority may or must stop
making direct payments;

(g) circumstances in which a local authority may or must require all
or part of a direct payment to be repaid, by the person to whom
5the payment is made or otherwise;

(h) the monitoring of the making of direct payments, of their use by
the persons to whom they are made or of the goods and services
they are used to secure;

(i) the arrangements to be made by a local authority for providing
10persons to or in respect of whom direct payments are made with
information, advice or support in connection with direct
payments;

(j) treating such support to any extent as goods or services in
respect of which direct payments may be made.

(4) 15The conditions referred to in subsection (3)(c)—

(a) must include a requirement to obtain the written consent of the
person to whom a direct payment is to be made before making
the payment;

(b) may include a requirement to obtain the written consent of one
20or more other persons before making a direct payment.

(5) The circumstances referred to in subsection (3)(f) in which a local
authority must stop making direct payments must include where the
consent required by virtue of subsection (4)(a), or any consent required
by virtue of subsection (4)(b), is withdrawn.

(6) 25A pilot scheme must include provision for a sum required to be repaid
to a local authority by virtue of the scheme to be recoverable as a debt
due to the authority.

(7) A pilot scheme may provide for paid-for goods and services to be
treated as goods and services provided or arranged by a local authority
30in pursuance of a statutory duty specified in the scheme.

(8) A pilot scheme may provide for paid-for goods and services to be
treated in that way—

(a) to the extent set out in the scheme, and

(b) subject to any conditions set out in the scheme.

(9) 35The only statutory duties that may be specified are—

(a) section 324(5)(a)(i) (duty to arrange special educational
provision specified in statement of special educational needs);

(b) section 508B(1) (duty to make travel arrangements for eligible
children);

(c) 40section 508F(1) (duty to make arrangements for provision of
transport etc for adult learners);

(d) section 509AA(7)(b) (duty to make, and secure that effect is
given to, arrangements for provision of transport etc for persons
of sixth form age).

(10) 45“Paid-for goods and services” are goods and services acquired by
means of a direct payment.

532C Pilot schemes: local authorities and duration

(1) An order under section 532B(1) making a pilot scheme must specify—

(a) the local authorities in respect of which the scheme operates,
and

(b) 5the period for which the scheme has effect.

(2) The period specified under subsection (1)(b) must not exceed two
years, subject to subsection (3).

(3) An order under section 532B(1) may extend the period for which a pilot
scheme has effect, subject to subsection (4).

(4) 10The period for which a pilot scheme has effect may not be extended so
as to end after the end of the relevant four year period.

(5) “The relevant four year period” is the period of four years beginning
with the day on which the Education Act 2011 is passed.”

(2) In section 568 of EA 1996 (orders)—

(a) 15in subsection (3), after “other than” insert “an order to which subsection
(3A) applies or”;

(b) after subsection (3) insert—

“(3A) A statutory instrument which contains (alone or with other
provision) an order under section 532B(1) (direct payments:
20pilot schemes) may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, each
House of Parliament.”

(3) The provisions inserted into EA 1996 by subsections (1) and (2) are repealed at
the end of four years beginning with the day on which this Act is passed.

25Part 9 Student finance

76 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)
30substitute—

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

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

(ii) no higher than those prevailing on the market, where
35the other terms on which such loans are provided are
more favourable to borrowers than those prevailing on
the market;”.

(2) In consequence of subsection (1)—

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

(b) 40in 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) This 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
5Secretary of State;

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

77 Limit on student fees: part-time courses

(1) In section 41(1) of HEA 2004 (interpretation of Part 3: student fees and fair
10access), in the definition of “course”, omit “part-time or”.

(2) This 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
15Secretary of State;

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

Part 10 General

78 20Orders and regulations

(1) A 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 82) includes power—

(a) 25to make different provision for different purposes (including different
areas);

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

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

(3) 30Subject to subsection (4), a statutory instrument containing an order or
regulations made by the Secretary of State under this Act (other than an order
under section 82) is subject to annulment in pursuance of a resolution of either
House of Parliament.

(4) A statutory instrument which contains (alone or with other provision) an order
35under section 54(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) A statutory instrument containing an order or regulations made by the Welsh
Ministers under this Act is subject to annulment in pursuance of a resolution
40of the National Assembly for Wales.