Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
130

(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
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
10
(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
15
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
20
method of giving it) be addressed to a training provider at any
address which the training provider has notified to a funding agency
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,
25
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
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
Act.
(12)
In this section—
(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
for Schools;
(c)
“training provider” has the same meaning as in Part 3 of the
2005 Act;
(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);

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
131

(f)
“documents” and “records” each include information
recorded in any form.”
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
insert—
“(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)
is amended as follows.
      (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
substitute—
30

“The Training and
The agency.

Development Agency for

Schools.

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
132

A training provider (within the
The training provider or the

meaning of Part 3 of the
agency.”

Education Act 2005) receiving

financial support under section

78 of that Act from the

5

Training and Development

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
follows.
      (2)
In subsection (3)—
(a)
for “section 7(1) of the 1994 Act” substitute “section 81(1), 82(1) or
88(1) of the 2005 Act”,
(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
Act”.
      (3)
In subsection (9)—
(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
      (4)
In subsection (11)—
(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
Education Act 2005”.
      (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 Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
133

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
Higher Education Funding

financial support under section
Council for Wales

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

meaning of Part 3 of the
Training and Development

Education Act 2005) receiving
Agency for Schools.”

financial support under section

20

78 of that Act from the

Training and Development

Agency for Schools, except

where that financial support is

wholly derived from grants

25

made to the Agency by the

Secretary of State.

      (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
(1A) do”.
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 Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
134

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”
includes—
(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
and
(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.
      (2)
In subsection (1)—
(a)
for “section 7 of the 1994 Act” substitute “section 81 of the 2005 Act”,
and
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
for Schools”.
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
student fees, etc.
“(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
institution.

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
135

(2)
In this section—
“funding body” means—
(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
86 of the 2005 Act”.
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
the 2005 Act”.
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
for Schools”.
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
amended as follows.
40
      (2)
In subsection (1)—
(a)
for the definition of “governing body” substitute—
““governing body” is to be read in accordance with
subsection (1A);”, and

Education Bill [HL]
Schedule 15 — Transitional and transitory provisions relating to Part 3
136

(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
provider.”
      (4)
In subsection (2)(a), for “section 5 of the 1994 Act” substitute “section 78 or
86 of the 2005 Act”.
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
interpretation)—
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;”.
Schedule 15
Section 99

Transitional and transitory provisions relating to Part 3
25
Interpretation
1
In this Schedule “the 1994 Act” means the Education Act 1994 (c. 30).
Renaming of Agency
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.