Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
123

      (2)
If a person ceases to be a member of the Agency and it appears to the
Secretary of State that there are special circumstances which make it right
that he should receive compensation, the Secretary of State may direct the
Agency to make to that person a payment of such amount as the Secretary
of State may determine.
5
      (3)
The Agency must pay to the members of any of their committees who are not
members of the Agency such travelling, subsistence or other allowances as
the Secretary of State may determine.
Staff
6     (1)
The Agency may appoint such employees as they think fit.
10
      (2)
The Agency may pay to their employees such remuneration and allowances
as the Agency may determine.
      (3)
The employees are to be appointed on such other terms and conditions as
the Agency may determine.
      (4)
A determination under sub-paragraph (2) or (3) requires the approval of the
15
Secretary of State.
7     (1)
Employment with the Agency continues to be included among the kinds of
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) can apply.
      (2)
The Agency shall pay to the Minister for the Civil Service, at such times as
20
the Minister may direct, such sums as the Minister may determine in respect
of the increase attributable to sub-paragraph (1) in the sums payable out of
money provided by Parliament under that Act.
      (3)
Where an employee of the Agency is, by reference to that employment, a
participant in a scheme under section 1 of that Act and is also a member of
25
the Agency, the Minister for the Civil Service may determine that his service
as such a member shall be treated for the purposes of the scheme as service
as an employee of the Agency (whether or not any benefits are payable to or
in respect of him by virtue of paragraph 5).
Committees
30
8     (1)
The Agency may establish a committee for any purpose.
      (2)
The number of the members of a committee established under this
paragraph, and the terms on which they are to hold and vacate office, shall
be fixed by the Agency.
      (3)
Such a committee may include persons who are not members of the Agency.
35
      (4)
The Agency shall keep under review the structure of committees established
under this paragraph and the scope of each committee’s activities.
Delegation of functions
9
The Agency may authorise the chairman, the chief officer or any committee
established under paragraph 8 to exercise such of their functions as they
40
may determine.

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
124

Proceedings
10
Without prejudice to any other rights the Secretary of State may require to
be accorded to him as a condition of any grants made to the Agency under
this Act—
(a)
a representative of the Secretary of State is entitled to attend and take
5
part in deliberations (but not in decisions) at meetings of the Agency
or of any committee of the Agency, and
(b)
the Agency must provide the Secretary of State with such copies of
any documents distributed to members of the Agency or of any such
committee as he may require.
10
11
Without prejudice to any other rights the Assembly may require to be
accorded to it as a condition of any grants made to the Agency under this
Act—
(a)
a representative of the Assembly is entitled to attend and take part in
deliberations (but not in decisions) at meetings of the Agency or of
15
any committee of the Agency, and
(b)
the Agency must provide the Assembly with such copies of any
documents distributed to members of the Agency or of any such
committee as the Assembly may require.
12    (1)
The Chief Inspector for England, or a representative of his, is entitled to
20
attend and take part in deliberations (but not in decisions) at meetings of the
Agency or of any committee of the Agency.
      (2)
The Agency must provide the Chief Inspector for England with such copies
of any documents distributed to members of the Agency or of any such
committee as he may require.
25
13
The validity of any proceedings of the Agency or of any committee of the
Agency is not affected by a vacancy among the members or by any defect in
the appointment of a member.
14
Subject to the preceding provisions of this Schedule, the Agency may
regulate their own procedure and that of any of their committees.
30
Application of seal and proof of instruments
15
The application of the seal of the Agency is authenticated by the signature—
(a)
of the chairman or of some other person authorised either generally
or specially by the Agency to act for that purpose, and
(b)
of one other member.
35
16
Every document purporting to be an instrument made or issued by or on
behalf of the Agency and to be duly executed under the seal of the Agency,
or to be signed and executed by a person authorised by the Agency to act in
that behalf, is to be received in evidence and to be treated, without further
proof, as being so made or issued unless the contrary is shown.
40
Accounts
17    (1)
It is the duty of the Agency—
(a)
to keep proper accounts and proper records in relation to the
accounts,

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
125

(b)
to prepare in respect of each financial year of the Agency a statement
of accounts, and
(c)
to send copies of the statement to the Secretary of State and to the
Comptroller and Auditor General by such time as the Secretary of
State may direct.
5
      (2)
The statement of accounts must comply with any directions given by the
Secretary of State as to—
(a)
the information to be contained in it,
(b)
the manner in which the information contained in it is to be
presented, or
10
(c)
the methods and principles according to which the statement is to be
prepared,

and must contain such additional information as the Secretary of State may
require to be provided for the information of Parliament.
      (3)
The Comptroller and Auditor General must examine, certify and report on
15
each statement received by him in pursuance of this paragraph and shall lay
copies of each statement and of his report before each House of Parliament.
      (4)
In this paragraph “financial year” means each period of twelve months
beginning with 1st April.
Annual reports
20
18
The Agency—
(a)
must make an annual report to the Secretary of State, who must lay
a copy of it before each House of Parliament, and
(b)
may arrange for the report to be published in such manner as the
Agency consider appropriate.
25
Status of Agency
19
The Agency are not to be regarded as the servant or agent of the Crown or
as enjoying any status, immunity or privilege of the Crown; and the
property of the Agency is not to be regarded as property of, or property held
on behalf of, the Crown.
30
Schedule 14
Section 98

Amendments relating to the training of the school workforce
Public Records Act 1958 (c. 51)
1
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3, at the appropriate place
35
insert—
“Training and Development Agency for Schools”.
Parliamentary Commissioner Act 1967 (c. 13)
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
126

and authorities subject to investigation), at the appropriate place insert—
“Training and Development Agency for Schools”.
Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (which lists the kinds of
employment etc. referred to in section 1 of that Act), for “Teacher Training
5
Agency” substitute “Training and Development Agency for Schools”.
House of Commons Disqualification Act 1975 (c. 24)
4
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(disqualifying offices), at the appropriate place insert—
“Any member of the Training and Development Agency for
10
Schools in receipt of remuneration.”
Sex Discrimination Act 1975 (c. 65)
5
In section 23D of the Sex Discrimination Act 1975 (discrimination by Teacher
Training Agency)—
(a)
for “Teacher Training Agency” (both in the section and in the
15
heading) substitute “Training and Development Agency for
Schools”, and
(b)
for “Part 1 of the Education Act 1994” substitute “any enactment”.
6
In section 25 of the Sex Discrimination Act 1975 (general duty in public
sector of education), in subsection (6) for paragraph (f) substitute—
20
“(f)
the Training and Development Agency for Schools.”
Race Relations Act 1976 (c. 74)
7
In section 18D of the Race Relations Act 1976 (discrimination by Teacher
Training Agency)—
(a)
for “Teacher Training Agency” (both in the section and in the
25
heading) substitute “Training and Development Agency for
Schools”, and
(b)
for “Part 1 of the Education Act 1994” substitute “any enactment”.
8
In Schedule 1A (bodies and other persons subject to general statutory duty)
in Part 2, for the entry relating to the Teacher Training Agency substitute—
30
“The Training and Development Agency for Schools.”
Education (Fees and Awards) Act 1983 (c. 40)
9
In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities
and further education establishments), in subsection (3) for paragraph (e)
substitute—
35
“(e)
any training provider, within the meaning of Part 3 of the
Education Act 2005 (training the school workforce), who is
receiving financial support under section 78 of that Act from
the Training and Development Agency for Schools;
(ee)
any institution eligible for funding by the Higher Education
40
Funding Council for Wales under Part 3 of that Act;”.

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
127

Education (No. 2) Act 1986 (c. 61)
10
In the Education (No. 2) Act 1986, omit section 50 (grants for teacher
training, etc.).
Education Act 1994 (c. 30)
11
Omit sections 1 to 11 of the Education Act 1994.
5
12
Omit sections 12 to 17 of the Education Act 1994.
13
For section 18A of the Education Act 1994 substitute—
“18B
Inspection of teacher training
(1)
Her Majesty’s Chief Inspector of Schools in England (“the Chief
Inspector”) may inspect and report on—
10
(a)
any initial training of teachers, or specialist teaching
assistants, for schools, or
(b)
any in-service training of such teachers or assistants,

which is provided by a training provider.
(2)
When asked to do so by the Secretary of State, the Chief Inspector
15
must—
(a)
give advice to the Secretary of State on such matters
connected with training falling within subsection (1)(a) or (b)
as may be specified in the Secretary of State’s request;
(b)
inspect and report on such one or more relevant training
20
providers in England as may be so specified.
(3)
The Chief Inspector may at any time give advice to—
(a)
the Secretary of State,
(b)
the Training and Development Agency for Schools, or
(c)
the General Teaching Council for England,
25

on any matter connected with training falling within subsection
(1)(a) or (b).
(4)
The Chief Inspector may—
(a)
make such reports of inspections carried out by him under
this section as he considers appropriate, and
30
(b)
arrange for any such report to be published in such manner
as he considers appropriate,

and subsections (2) to (4) of section 11 of the 2005 Act (publication of
inspection reports) apply in relation to the publication of any such
report as they apply in relation to the publication of a report under
35
any of the provisions mentioned in subsection (2) of that section.
(5)
When inspecting a training provider under this section, the Chief
Inspector has at all reasonable times—
(a)
a right of entry to the premises of the training provider, and
(b)
a right to inspect, and take copies of, any records kept by the
40
training provider, and any other documents containing
information relating to the training provider, which he
considers relevant to the exercise of his functions under this
section;

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
128


and section 58 of the 2005 Act (inspection of computer records)
applies for the purposes of this section as it applies for the purposes
of Part 1 of the 2005 Act.
(6)
Without prejudice to subsection (5), a training provider to which an
inspection under this section relates—
5
(a)
must give the Chief Inspector all assistance in connection
with the exercise of his functions under this section which he
is reasonably able to give, and
(b)
must secure that all such assistance is also given by persons
who work for the training provider.
10
(7)
The Chief Inspector may not carry out any inspection under
subsection (1) unless—
(a)
at least eight weeks previously, he has given notice of his
intention to carry out the inspection—
(i)
to the training provider concerned, or
15
(ii)
where the training is provided by a partnership or
association of training providers, to one of those
training providers, or
(b)
with the agreement of that training provider or (as the case
may be) one of those training providers, he has given it
20
shorter notice of that intention.
(8)
Any notice under subsection (7)—
(a)
must be given in writing, and
(b)
may be sent by post;

and any such notice may (without prejudice to any other lawful
25
method of giving it) be addressed to a training provider at any
address which the training provider has notified to the Training and
Development Agency for Schools as its address.
(9)
Nothing in this section confers any right or imposes any duty,
whether as regards the carrying out of any inspection or otherwise,
30
in relation to any course which consists of instruction given wholly
or mainly for purposes other than training falling within subsection
(1)(a) or (b).
(10)
Any reference in this section to the Chief Inspector is to be read, in
relation to any inspection which he is authorised or required to carry
35
out under this section, as including a reference to any person
authorised to act on his behalf under paragraph 5(1) or (2) of
Schedule 1 to the 2005 Act.
(11)
Nothing in this section is to be taken as prejudicing the generality of
sections 2 to 4 of, or paragraph 5(1) or (2) of Schedule 1 to, the 2005
40
Act.
(12)
In this section—
(a)
“the 2005 Act” means the Education Act 2005;
(b)
“training provider” has the same meaning as in Part 3 of the
2005 Act;
45
(c)
“relevant training provider” means any training provider
who provides training falling within subsection (1)(a) or (b);

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
129

(d)
“in-service training” includes any training provided to a
teacher serving an induction period (within the meaning of
section 19 of the Teaching and Higher Education Act 1998);
(e)
“documents” and “records” each include information
recorded in any form.
5
18C
Inspection of teacher training in Wales
(1)
Her Majesty’s Chief Inspector of Education and Training in Wales
(“the Chief Inspector”) may inspect and report on—
(a)
any initial training of teachers, or specialist teaching
assistants, for schools, or
10
(b)
any in-service training of such teachers or assistants,

which is provided by a training provider in Wales.
(2)
When asked to do so by the National Assembly for Wales, the Chief
Inspector must—
(a)
give advice to the Assembly on such matters connected with
15
training falling within subsection (1)(a) or (b) as may be
specified in the Assembly’s request;
(b)
inspect and report on such one or more relevant training
providers as may be so specified.
(3)
The Chief Inspector may at any time give advice to—
20
(a)
the Assembly,
(b)
a funding agency, or
(c)
the General Teaching Council for Wales,

on any matter connected with training falling within subsection
(1)(a) or (b).
25
(4)
The Chief Inspector may—
(a)
make such reports of inspections carried out by him under
this section as he considers appropriate, and
(b)
arrange for any such report to be published in such manner
as he considers appropriate,
30

and subsections (2) to (4) of section 29 of the 2005 Act (publication of
inspection reports) apply in relation to the publication of any such
report as they apply in relation to the publication of a report under
any of the provisions mentioned in subsection (2) of that section.
(5)
When inspecting a training provider under this section, the Chief
35
Inspector has at all reasonable times—
(a)
a right of entry to the premises of the training provider, and
(b)
a right to inspect, and take copies of, any records kept by the
training provider, and any other documents containing
information relating to the training provider, which he
40
considers relevant to the exercise of his functions under this
section;

and section 58 of the 2005 Act (inspection of computer records)
applies for the purposes of this section as it applies for the purposes
of Part 1 of the 2005 Act.
45
(6)
Without prejudice to subsection (5), a training provider to which an
inspection under this section relates—