|
| |
|
(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. |
| 5 |
(7) | The Chief Inspector may not carry out any inspection under |
| |
| |
(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 |
| 10 |
(ii) | where the training is provided by a partnership or |
| |
association of training providers, to one of those |
| |
| |
(b) | with the agreement of that training provider or (as the case |
| |
may be) one of those training providers, he has given it |
| 15 |
shorter notice of that intention. |
| |
(8) | Any notice under subsection (7)— |
| |
(a) | must be given in writing, and |
| |
| |
| and any such notice may (without prejudice to any other lawful |
| 20 |
method of giving it) be addressed to a training provider at any |
| |
address which the training provider has notified to a funding agency |
| |
| |
(9) | Nothing in this section confers any right or imposes any duty, |
| |
whether as regards the carrying out of any inspection or otherwise, |
| 25 |
in relation to any course which consists of instruction given wholly |
| |
or mainly for purposes other than training falling within subsection |
| |
| |
(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 |
| 30 |
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 2 to the 2005 Act. |
| |
(11) | Nothing in this section is to be taken as prejudicing the generality of |
| |
sections 20 to 23 of, or paragraph 5(1) or (2) of Schedule 2 to, the 2005 |
| 35 |
| |
| |
(a) | “the 2005 Act” means the Education Act 2005; |
| |
(b) | “funding agency” means the Higher Education Funding |
| |
Council for Wales or the Training and Development Agency |
| 40 |
| |
(c) | “training provider” has the same meaning as in Part 3 of the |
| |
| |
(d) | “relevant training provider” means any training provider |
| |
who provides training falling within subsection (1)(a) or (b); |
| 45 |
(e) | “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); |
| |
|
| |
|
| |
|
(f) | “documents” and “records” each include information |
| |
| |
14 | In section 19 of the Education Act 1994 (interpretation)— |
| |
(a) | omit subsections (1) to (4), and |
| |
(b) | in subsection (5), for “Other expressions, if” substitute “Expressions”. |
| 5 |
15 | Omit Schedule 1 to the Education Act 1994. |
| |
Education Act 1996 (c. 56) |
| |
16 (1) | Section 398 of the Education Act 1996 (no requirements of attendance at |
| |
Sunday school etc.) is amended as follows. |
| |
(2) | In paragraph (b) for “teacher training” substitute “any training for members |
| 10 |
of the school workforce”. |
| |
(3) | Renumber the section as so amended as subsection (1), and at the end |
| |
| |
“(2) | In subsection (1)(b), the reference to training for members of the |
| |
school workforce is to be read in accordance with sections 75(5) and |
| 15 |
96(1) of the Education Act 2005.” |
| |
17 (1) | Section 450 of the Education Act 1996 (prohibition of charges for admission) |
| |
| |
(2) | In subsection (2), for paragraph (c) substitute— |
| |
“(c) | training for members of the school workforce.” |
| 20 |
(3) | After that subsection insert— |
| |
“(3) | In subsection (2)(c), the reference to training for members of the |
| |
school workforce is to be read in accordance with sections 75(5) and |
| |
96(1) of the Education Act 2005.” |
| |
Audit Commission Act 1998 (c. 18) |
| 25 |
18 | In section 36 of the Audit Commission Act 1998 (studies at request of |
| |
educational bodies), in the Table in subsection (1), for the entries relating to |
| |
a funding agency under Part 1 of the Education Act 1994 and the governing |
| |
body of an institution receiving financial support under that Part |
| |
| 30 |
|
|
| |
|
| |
|
| A training provider (within the |
| The training provider or the |
| | | | | | | | | Education Act 2005) receiving |
| | | | | financial support under section |
| | | | | | | | 5 | | | | | | | Agency for Schools, except |
| | | | | where that financial support is |
| | | | | wholly derived from grants |
| | | | | made to the agency by the |
| | | 10 | | National Assembly for Wales. |
| | | |
|
|
Teaching and Higher Education Act 1998 (c. 30) |
| |
19 (1) | Section 26 of the Teaching and Higher Education Act 1998 (which relates to |
| |
the imposition of conditions as to fees at higher education institutions and is |
| |
to be repealed by the Higher Education Act 2004 (c. 8)) is amended as |
| 15 |
| |
| |
(a) | for “section 7(1) of the 1994 Act” substitute “section 81(1), 82(1) or |
| |
| |
(b) | in paragraph (c), for “Teacher Training Agency” substitute “Training |
| 20 |
and Development Agency for Schools”, and |
| |
(c) | for “section 5 of the 1994 Act” substitute “section 78 or 86 of the 2005 |
| |
| |
| |
(a) | for the definition of “the 1994 Act” substitute— |
| 25 |
““the 2005 Act” means the Education Act 2005;”, |
| |
(b) | after the definition of “course” insert— |
| |
““governing body”, in relation to a training provider |
| |
within the meaning of Part 3 of the 2005 Act who |
| |
would not apart from this subsection be regarded as |
| 30 |
an institution, means the training provider; |
| |
“institution” includes any training provider within the |
| |
meaning of Part 3 of the 2005 Act (whether or not the |
| |
training provider would apart from this subsection be |
| |
regarded as an institution);”. |
| 35 |
| |
(a) | for “the 1994 Act” substitute “the 2005 Act”, and |
| |
(b) | for “Teacher Training Agency” substitute “Training and |
| |
Development Agency for Schools”. |
| |
20 (1) | In section 28(1) of the Teaching and Higher Education Act 1998 |
| 40 |
(interpretation of Chapter 1 of Part 2), in the definition of “publicly-funded |
| |
institution” (which is to be repealed by the Higher Education Act 2004) for |
| |
“section 5 of the Education Act 1994” substitute “section 78 or 86 of the |
| |
| |
(2) | In section 28(1) of the 1998 Act, references to an institution in that definition |
| 45 |
and in the definition of “fees” (which is also to be repealed by the Higher |
| |
|
| |
|
| |
|
Education Act 2004) are to be read in accordance with section 26(9) of the |
| |
1998 Act as amended by paragraph 19(3)(b) of this Schedule. |
| |
(3) | In sub-paragraph (2), “the 1998 Act” means the Teaching and Higher |
| |
Education Act 1998 (c. 30). |
| |
Government of Wales Act 1998 (c. 38) |
| 5 |
21 (1) | Section 145B of the Government of Wales Act 1998 (studies at request of |
| |
educational bodies) is amended as follows. |
| |
(2) | In the Table in subsection (1) for the entry relating to the governing body of |
| |
an institution in Wales receiving financial support under Part 1 of the |
| |
Education Act 1994 substitute— |
| 10 |
| “The governing body of an |
| The governing body or the |
| | | | institution in Wales receiving |
| | | | | financial support under section |
| | | | | 86 of the Education Act 2005 |
| | | | | from the Higher Education |
| | | 15 | | Funding Council for Wales. |
| | | | | A training provider (within the |
| The training provider or the |
| | | | | | | | | Education Act 2005) receiving |
| | | | | financial support under section |
| | | 20 | | | | | | | | | | | | Agency for Schools, except |
| | | | | where that financial support is |
| | | | | wholly derived from grants |
| | | 25 | | made to the Agency by the |
| | | | | | | | |
|
(3) | After subsection (1) insert— |
| |
“(1A) | The Auditor General for Wales may, if requested to do so by the |
| |
Training and Development Agency for Schools, undertake studies |
| 30 |
designed to enable him to make recommendations for improving |
| |
economy, efficiency and effectiveness in the discharge by the Agency |
| |
of their functions relating to Wales.” |
| |
(4) | In subsection (2), for “Subsection (1) does” substitute “Subsections (1) and |
| |
| 35 |
(5) | In subsection (3), after “(1)” insert “or (1A)”. |
| |
Freedom of Information Act 2000 (c. 36) |
| |
22 | In Schedule 1 to the Freedom of Information Act 2000 (public authorities for |
| |
purposes of that Act), in Part 6 (other public bodies and offices: general) |
| |
insert at the appropriate place— |
| 40 |
“The Training and Development Agency for Schools.” |
| |
|
| |
|
| |
|
Education Act 2002 (c. 32) |
| |
23 (1) | Section 14 of the Education Act 2002 (power of Secretary of State and |
| |
Assembly to give financial assistance for purposes related to education or |
| |
childcare) is amended as follows. |
| |
(2) | After subsection (2) insert— |
| 5 |
“(2ZA) | In subsection (2)(g), “training for teachers or for non-teaching staff” |
| |
| |
(a) | any training or education (whether or not constituting higher |
| |
education) with the object of fitting persons to be teachers or |
| |
non-teaching staff, or better teachers or non-teaching staff, |
| 10 |
| |
(b) | any assessment related to the award of a qualification or |
| |
status to teachers or non-teaching staff, or prospective |
| |
teachers or non-teaching staff.” |
| |
(3) | In the definition of “education” in subsection (3), after “but” insert “, except |
| 15 |
in subsection (2ZA)(a),”. |
| |
24 | In section 145 of the Education Act 2002 (specification of qualification or |
| |
course), in subsections (1)(c) and (3), for “Teacher Training Agency” |
| |
substitute “Training and Development Agency for Schools”. |
| |
Higher Education Act 2004 (c. 8) |
| 20 |
25 (1) | Section 23 of the Higher Education Act 2004 (duty of Secretary of State to |
| |
impose condition as to student fees, etc.) is amended as follows. |
| |
| |
(a) | for “section 7 of the 1994 Act” substitute “section 81 of the 2005 Act”, |
| |
| 25 |
(b) | for “section 5 of the 1994 Act” substitute “section 78 of the 2005 Act”. |
| |
(3) | In subsection (2), in paragraph (b) of the definition of “funding body”, for |
| |
“Teacher Training Agency” substitute “Training and Development Agency |
| |
| |
26 | In section 24 of the Higher Education Act 2004 (condition to be imposed by |
| 30 |
English funding bodies), in subsection (4)(c), for “section 5 of the 1994 Act” |
| |
substitute “section 78 of the 2005 Act”. |
| |
27 | For section 27 of the Higher Education Act 2004 (power of Assembly to |
| |
impose conditions as to student fees, etc.) substitute— |
| |
“27 | Power of National Assembly for Wales to impose conditions as to |
| 35 |
| |
“(1) | The power of the Assembly to impose conditions under section 68(1) |
| |
of the 1992 Act or section 82(1) or 88(1) of the 2005 Act in relation to |
| |
grants paid to a funding body includes power to impose a condition |
| |
requiring the funding body to impose a condition under section 28 in |
| 40 |
relation to any grants, loans or other payments made by the funding |
| |
body under section 65 of the 1992 Act, or (as the case may be) section |
| |
78 or 86 of the 2005 Act, to the governing body of a relevant |
| |
| |
|
| |
|
| |
|
| |
| |
(a) | the Higher Education Funding Council for Wales, or |
| |
(b) | the Training and Development Agency for Schools; |
| |
“relevant institution” means an institution specified by the |
| 5 |
Assembly in a condition under subsection (1), or an |
| |
institution of a class so specified.” |
| |
28 (1) | Section 28 of the Higher Education Act 2004 (c. 8) (condition that may be |
| |
required to be imposed by HEFCW) is amended as follows. |
| |
(2) | For the heading substitute “Condition that may be required to be imposed |
| 10 |
by Welsh funding bodies”. |
| |
(3) | In subsection (3), for “the Higher Education Funding Council for Wales” |
| |
substitute “the funding body”. |
| |
(4) | In subsection (4)(c), for “section 5 of the 1994 Act” substitute “section 78 or |
| |
| 15 |
(5) | In subsection (6), after the definition of “the basic amount” insert— |
| |
““funding body” has the same meaning as in section 27;”. |
| |
29 | In section 29 of the Higher Education Act 2004 (sections 23 to 28: |
| |
supplementary provisions), in subsection (3)— |
| |
(a) | for “the 1994 Act” substitute “the 2005 Act”, and |
| 20 |
(b) | for “Teacher Training Agency” substitute “Training and |
| |
Development Agency for Schools”. |
| |
30 | In section 31 of the Higher Education Act 2004 (Director of Fair Access to |
| |
Higher Education), in subsection (5), for “from the Teacher Training Agency |
| |
under section 5 of the 1994 Act” substitute “from the Training and |
| 25 |
Development Agency for Schools under section 78 of the 2005 Act”. |
| |
31 | In section 34 of the Higher Education Act 2004 (approval of plans), in |
| |
subsection (1) for “section 5 of the 1994 Act” substitute “section 78 or 86 of |
| |
| |
32 | In section 37 of the Higher Education Act 2004 (enforcement of plans: |
| 30 |
England), in subsection (1)(a) for “Teacher Training Agency” substitute |
| |
“Training and Development Agency for Schools”. |
| |
33 | In section 38 of the Higher Education Act 2004 (enforcement of plans: |
| |
Wales), after “the Council” insert “or the Training and Development Agency |
| |
| 35 |
34 | In section 40 of the Higher Education Act 2004 (provision of information), for |
| |
“Teacher Training Agency” (in both places) substitute “Training and |
| |
Development Agency for Schools”. |
| |
35 (1) | Section 41 of the Higher Education Act 2004 (interpretation of Part 3) is |
| |
| 40 |
| |
(a) | for the definition of “governing body” substitute— |
| |
““governing body” is to be read in accordance with |
| |
| |
|
| |
|
| |
|
(b) | after the definition of “general provisions” insert— |
| |
““institution” includes any training provider (whether |
| |
or not the training provider would otherwise be |
| |
regarded as an institution);”. |
| |
(3) | After subsection (1) insert— |
| 5 |
“(1A) | In this Act any reference to the governing body of an institution— |
| |
(a) | in relation to any institution except a training provider falling |
| |
within paragraph (b), has the meaning given by section 90(1) |
| |
of the 1992 Act, but subject to any provision made by virtue |
| |
of section 90(2) of that Act, and |
| 10 |
(b) | in the case of a training provider who but for subsection (1) |
| |
would not be regarded as an institution, means the training |
| |
| |
(4) | In subsection (2)(a), for “section 5 of the 1994 Act” substitute “section 78 or |
| |
| 15 |
(5) | After subsection (2), insert— |
| |
“(3) | In subsections (1) and (1A), “training provider” has the same |
| |
meaning as in Part 3 of the 2005 Act. |
| |
36 | In section 48 of the Higher Education Act 2004 (c. 8) (general |
| |
| 20 |
(a) | omit the definition of “the 1994 Act”, and |
| |
(b) | after the definition of “the 1998 Act” insert— |
| |
““the 2005 Act” means the Education Act 2005;”. |
| |
| |
| |
Transitional and transitory provisions relating to Part 3 |
| 25 |
| |
1 | In this Schedule “the 1994 Act” means the Education Act 1994 (c. 30). |
| |
| |
2 | For any reference to the Teacher Training Agency in any subordinate |
| |
legislation or in any other instrument or document there is substituted, as |
| 30 |
respects any time after the commencement of section 74, a reference to the |
| |
Training and Development Agency for Schools. |
| |
3 | Any reference to the Training and Development Agency for Schools in this |
| |
Act (apart from section 74 and this Schedule) or in any instrument under this |
| |
Act is to be read, in relation to any time before the commencement of section |
| 35 |
74, as a reference to the Teacher Training Agency. |
| |
Existing members of Agency |
| |
4 | Any member of the Agency appointed under section 2 of the 1994 Act is to |
| |
be taken to have been appointed under section 77 of this Act. |
| |
|
| |
|