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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.

 

 

 
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