Education Bill [HL]

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 3 — Training the school workforce
47

83
Non-funding functions of Agency
(1)
The Agency may do anything which they think fit in furtherance of any of the
objectives set out in section 75(2).
(2)
The power conferred by this section includes power to provide information,
advice or other services to persons outside England and Wales.
5
(3)
The Agency may make such charges as they think fit for the provision under
this section to any person of information, advice or other services.
(4)
This section—
(a)
does not authorise the provision of financial support, and
(b)
is subject to paragraph 1(2) of Schedule 13.
10
84
Directions by Secretary of State and Assembly
(1)
In exercising their functions the Agency must comply with any directions
under this section.
(2)
The Secretary of State may give general directions to the Agency about the
exercise of their functions, except so far as those functions are exercisable in
15
relation to Wales.
(3)
The Assembly may give general directions to the Agency about the exercise of
their functions, so far as those functions are exercisable in relation to Wales in
accordance with section 76.
(4)
Directions under this section are to be contained in an order made by the
20
Secretary of State or the Assembly.
Funding of teacher training by Higher Education Funding Council for Wales
85
Qualifying activities and eligible institutions in relation to HEFCW funding
(1)
The Higher Education Funding Council for Wales (in this Part referred to as
“HEFCW”) are responsible for administering funds made available to them by
25
the Assembly and others for the purpose of providing financial support for the
carrying on by eligible institutions of qualifying activities.
(2)
The activities qualifying for funding by HEFCW under this Part (“qualifying
activities”) are—
(a)
the provision of teacher training,
30
(b)
the provision of facilities, and the carrying on of other activities, by
eligible institutions which the governing bodies of those institutions
consider it necessary or desirable to provide or carry on for the
purposes of or in connection with activities within paragraph (a), and
(c)
the provision by any person of services for the purposes of, or in
35
connection with, such activities.
(3)
The institutions eligible for funding by HEFCW under this Part (“eligible
institutions”) are—
(a)
any institution in Wales within the higher or further education sector,
(b)
the Open University,
40
(c)
any school in Wales, and

Education Bill [HL]
Part 3 — Training the school workforce
48

(d)
and other institution or body in Wales designated by order of the
Assembly,
and any partnership or association of eligible institutions, or body established
by one or more such institutions, for the purpose of carrying on qualifying
activities.
5
(4)
For the purposes of subsection (3), an institution or body is in Wales if its
activities are carried on, or principally carried on, in Wales.
(5)
In sections 86 to 91—
(a)
“qualifying activities” is to be read in accordance with subsection (2);
(b)
“eligible institution” is to be read in accordance with subsection (3).
10
86
Grants, loans and other payments by HEFCW
(1)
HEFCW may—
(a)
make grants, loans or other payments in respect of expenditure
incurred or to be incurred by the governing body of an eligible
institution for the purposes of activities qualifying for funding by
15
HEFCW under this Part by virtue of section 85(2)(a) or (b), and
(b)
make grants, loans or other payments in respect of expenditure
incurred or to be incurred for the purposes of the provision of services
as mentioned in section 85(2)(c),

subject in each case to such terms and conditions as HEFCW think fit.
20
(2)
The terms and conditions on which HEFCW may make any grants, loans or
other payments under this section may in particular—
(a)
enable HEFCW to require the repayment, in whole or in part, of sums
paid by HEFCW if any of the terms and conditions subject to which the
sums were paid is not complied with, and
25
(b)
require the payment of interest in respect of any period during which a
sum due to HEFCW in accordance with any of the terms and conditions
remains unpaid.
(3)
The power of HEFCW to impose conditions on the making of any grants, loans
or other payments under this section to an eligible institution includes in
30
particular power to impose conditions prohibiting, restricting or requiring the
charging of fees in connection with the carrying out by that institution of
qualifying activities.
(4)
Where—
(a)
a condition is imposed under subsection (3) in connection with any
35
grant, loan or other payment to an eligible institution, and
(b)
the grant, loan or other payment is to any extent made in respect of
persons undertaking training which is provided in whole or in part by
another training provider,

then, for the purposes of the condition, fees payable by such persons to the
40
other training provider are to be regarded as fees charged by the eligible
institution.
(5)
The terms and conditions must not relate to the application of any sums
derived otherwise than from HEFCW, but this subsection does not affect the
power to impose conditions by virtue of subsection (3).
45
(6)
In exercising their functions under this section HEFCW must have regard—

Education Bill [HL]
Part 3 — Training the school workforce
49

(a)
generally, to any forecast of demand for newly-qualified teachers that
is notified to them by the Assembly, and
(b)
in relation to any particular institution, to any assessment of the quality
of the teacher training provided by that institution—
(i)
made by the Chief Inspector for Wales, or
5
(ii)
to which HEFCW think it appropriate to have regard or to
which the Assembly directs them to have regard.
87
Provisions supplementary to section 86
(1)
In exercising their functions in relation to the provision of financial support for
qualifying activities, HEFCW must have regard to the desirability of not
10
discouraging any institution for whose activities financial support is provided
under this Part from maintaining or developing its funding from other sources.
(2)
Before exercising their discretion under section 86(1)(a) or (b) with respect to
the terms and conditions to be imposed in relation to any grants, loans or other
payments, HEFCW must consult such of the following bodies as appear to
15
them to be appropriate to consult in the circumstances—
(a)
such bodies representing the interests of eligible institutions as appear
to HEFCW to be concerned, and
(b)
the governing body of any particular eligible institution which appears
to HEFCW to be concerned.
20
(3)
In exercising their functions in relation to the provision of financial support for
qualifying activities HEFCW must have regard (so far at they think it relevant
to do so in the light of any other relevant considerations) to the desirability of
maintaining—
(a)
what appears to them to be an appropriate balance in the support given
25
to them as between institutions which are of a denominational
character and other institutions, and
(b)
any distinctive characteristics of any eligible institution for whose
activities financial support is provided under this Part.
(4)
In exercising their functions HEFCW must take such steps as appear to them
30
appropriate to secure that the governing body of any institution which
provides a course of initial teacher training funded by HEFCW makes available
such information relating to the course, in such manner and to such persons, as
HEFCW may require.
(5)
Subsection (1) does not affect the power by virtue of section 86(3) to impose
35
conditions prohibiting or restricting the charging of fees.
88
Grants to HEFCW
(1)
The Assembly may make grants to HEFCW of such amounts and subject to
such conditions as the Assembly may determine.
(2)
The terms and conditions subject to which grants are made by the Assembly to
40
HEFCW under this section—
(a)
may in particular impose requirements to be complied with in respect
of every institution, or every institution falling within a class or
description specified in the terms and conditions, being requirements
to be complied with in the case of any institution to which the
45
requirements apply before financial support of any amount or

Education Bill [HL]
Part 3 — Training the school workforce
50

description so specified is provided by HEFCW in respect of activities
carried on by the institution, but
(b)
may not otherwise relate to the provision of financial support by
HEFCW in respect of activities carried on by any particular institution
or institutions.
5
(3)
Such terms and conditions may not be framed by reference to criteria for the
selection and appointment of staff and for the admission of students.
(4)
Such terms and conditions may in particular—
(a)
enable the Assembly to require the repayment, in whole or in part, of
sums paid by it if any of the terms and conditions subject to which the
10
sums were paid is not complied with, and
(b)
require the payment of interest in respect of any period during which a
sum due to the Assembly in accordance with any of the terms and
conditions remains unpaid.
(5)
Section 68 of the Further and Higher Education Act 1992 (c. 13) does not apply
15
in relation to grants made to HEFCW under this section.
89
Power of HEFCW to carry out or commission research
HEFCW may carry out or commission such research as they consider
appropriate with a view to improving—
(a)
the training of teachers, or
20
(b)
the standards of teaching.
90
Supplementary and ancillary functions of HEFCW
(1)
The Assembly may by order confer or impose on HEFCW such functions
supplementary to their functions under this Part as the Assembly thinks fit.
(2)
For the purposes of subsection (1) a function is a supplementary function in
25
relation to HEFCW if—
(a)
it is exercisable for the purposes of the exercise by the Assembly of
functions of the Assembly under any enactment, and
(b)
it relates to, or to the activities of, an eligible institution.
(3)
Before making an order under subsection (1) the Assembly must carry out such
30
consultation as appears to it to be appropriate.
(4)
HEFCW may carry out such activities ancillary to their functions under this
Part as the Assembly may direct.
91
Directions by Assembly
(1)
In exercising their functions under this Part HEFCW must comply with any
35
directions under this section.
(2)
The Assembly may give general directions to HEFCW about the exercise of
their functions.
(3)
If it appears to the Assembly that the financial affairs of an eligible institution
have been or are being mismanaged the Assembly may, after consulting
40
HEFCW and the institution, give such directions to HEFCW about the
provision of financial support in respect of the activities carried on by the

Education Bill [HL]
Part 3 — Training the school workforce
51

institution as the Assembly considers necessary or expedient by reason of the
mismanagement.
(4)
Directions under this section are to be contained in an order made by the
Assembly.
Common provisions
5
92
Joint exercise of functions
(1)
A funding agency and any other relevant funding body may exercise any of
their functions jointly.
(2)
In subsection (1) “other relevant funding body” means the other funding
agency, the Higher Education Funding Council for England, the Learning and
10
Skills Council for England or the National Council for Education and Training
for Wales.
(3)
The Agency and any body specified in an order made by the Secretary of State
for the purposes of this subsection may exercise their functions jointly.
(4)
The Assembly may by order authorise HEFCW to exercise their functions
15
under this Part jointly with a body specified in the order, and the specified
body to exercise its functions jointly with HEFCW.
93
Efficiency studies
(1)
A funding agency may arrange for the promotion or the carrying out by any
person of studies designed to improve economy, efficiency and effectiveness in
20
the management or operations of a qualifying person.
(2)
A person promoting or carrying out such studies at the request of a funding
agency may require the qualifying person concerned—
(a)
to provide him, or a person authorised by him, with such information,
and
25
(b)
to make available to him, or a person authorised by him, for inspection
their accounts and such other documents,

as he may reasonably require for that purpose.
(3)
In this section “qualifying person” means—
(a)
a training provider receiving financial support under this Part from the
30
Agency, or
(b)
the governing body of an eligible institution, as defined by section
85(3), receiving financial support under this Part from HEFCW.
94
Duty to provide information
(1)
The Agency—
35
(a)
must provide the Secretary of State (in such manner as he may from
time to time determine) with such information or advice relating to
matters for which they are responsible as he may from time to time
require, and
(b)
may provide the Secretary of State with such information or advice
40
relating to such matters as they think fit.

Education Bill [HL]
Part 3 — Training the school workforce
52

(2)
The Agency must provide the Assembly (in such manner as the Assembly may
from time to time determine) with such information or advice relating to
matters for which the Agency are responsible by virtue of section 76(2) or by
virtue of regulations made by the Assembly under any of sections 132 to 140 of
the Education Act 2002 as the Assembly may from time to time require.
5
(3)
The Agency may provide the Assembly with such information or advice
relating to other matters as the Agency think fit.
(4)
The Agency and HEFCW must give each other such information as they may
require for the purposes of the exercise of their functions under any enactment.
(5)
The following must give the Agency or HEFCW such information as they may
10
require for the purpose of the exercise of their functions under any
enactment—
(a)
any person receiving, or who has received or applied for, any grant,
loan or other payment under this Part;
(b)
any local education authority.
15
Provision of training in schools
95
Power of maintained schools to provide training for the school workforce
(1)
The governing body of a maintained school may—
(a)
provide courses of initial or further training for school teachers,
(b)
provide courses of training for other members of the school workforce,
20
or
(c)
join in partnership with other training providers, or (alone or jointly
with other training providers) establish a body, for the purpose of
providing training falling within paragraph (a) or (b).
(2)
It is immaterial for the purposes of subsection (1) whether or not the training
25
constitutes higher education.
(3)
In relation to an exercise of the powers conferred by subsection (1), the
governing body has all the same supplementary and incidental powers as it
has in relation to the conduct of the school.
(4)
Any exercise by the governing body of a maintained school of the powers
30
conferred by this section is not to be treated, for the purposes of Chapter 4 of
Part 2 of the School Standards and Framework Act 1998 (c. 31) (financing of
maintained schools) as being undertaken for the purposes of the school.
(5)
Section 80 of the School Standards and Framework Act 1998 (exercise of power
to provide further education) does not apply in relation to any course of
35
training that is provided under this section.
(6)
Nothing in this section is to be read as affecting the power of the governing
body of a school, as an ordinary incident of the conduct of the school—
(a)
to provide training for members of the school workforce who work at
the school, or
40
(b)
to participate in the provision of training for members of the school
workforce as part of a course provided by another training provider.