House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]


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

53

 

Supplementary

96      

Interpretation of references to training

(1)   

References in this Part to training, in relation to teachers or other members of

the school workforce (including references to the provision of training “for”

teachers or other members of the school workforce), include—

5

(a)   

any training or education with the object of fitting persons to be

teachers or other members of the school workforce, or to be better

teachers or other members of the school workforce, and

(b)   

any assessment related to the award of any qualification or status as a

teacher or other member of the school workforce.

10

(2)   

References elsewhere in the Education Acts to training, in relation to teachers,

include any training or education with a view to fitting persons to be teachers,

or better teachers.

97      

Institutions of a denominational character

For the purposes of this Part an institution is of a denominational character if—

15

(a)   

at least one quarter of the members of the governing body of the

institution, or in the case of a school at least one-fifth, are persons

appointed to represent the interests of a religion or religious

denomination, or

(b)   

any of the property held for the purposes of the institution is held upon

20

trusts which provide that, in the event of the discontinuance of the

institution, the property concerned is to be held for, or sold and the

proceeds of sale applied for, the benefit of a religion or religious

denomination, or

(c)   

any of the property held for the purposes of the institution is held on

25

trust for or in connection with—

(i)   

the provision of education, or

(ii)   

the conduct of an educational institution,

   

in accordance with the tenets of a religion or religious denomination.

98      

Further amendments relating to Part 3

30

Schedule 14 contains amendments related to the preceding provisions of this

Part.

99      

Transitional and transitory provisions relating to Part 3

Schedule 15 contains transitional and transitory provisions related to the

preceding provisions of this Part.

35

100     

Interpretation of Part 3

(1)   

In this Part—

“the Agency” means the Training and Development Agency for Schools;

“the Chief Inspector for England” means Her Majesty’s Chief Inspector of

Schools in England;

40

“the Chief Inspector for Wales” means Her Majesty’s Chief Inspector of

Education and Training in Wales;

 
 

Education Bill [HL]
Part 4 — Miscellaneous

54

 

“denominational character”, in relation to an institution, is to be read in

accordance with section 97;

“a funding agency” means the Agency or HEFCW;

“governing body”, in relation to an institution conducted by a company,

is to be read in accordance with an order under subsection (2);

5

“HEFCW” means the Higher Education Funding Council for Wales;

“maintained school” means—

(a)   

a community, foundation or voluntary school,

(b)   

a community or foundation special school, or

(c)   

a maintained nursery school;

10

“the school workforce” and “member of the school workforce” are to be

read in accordance with section 75(5);

“training”, in relation to members of the school workforce, is to be read in

accordance with section 96(1);

“training provider” has the meaning given by section 78(3).

15

(2)   

The Assembly may by order provide for references in sections 85 to 91 to the

governing body of an institution, in relation to an institution which is

conducted by a company, to be read as references to the governing body

provided for in the instrument of government, or to the company, or to both.

(3)   

Other expressions, if used in this Part and the Education Act 1996 (c. 56), have

20

the same meaning in this Part as in that Act.

Part 4

Miscellaneous

Maintained schools

101     

Funding of maintained schools

25

Schedule 16 contains amendments relating to the funding by local education

authorities of schools maintained by them.

102     

LEA targets: England

(1)   

The Secretary of State may by regulations require local education authorities in

England to set annual targets in respect of the educational performance—

30

(a)   

of pupils at schools maintained by them, and

(b)   

of any persons of compulsory school age (whether or not pupils at such

schools) who are or have been looked after by them.

(2)   

Regulations under this section may in particular—

(a)   

specify the matters in respect of which targets are required to be set,

35

(b)   

require proposed targets to be notified to the Secretary of State by a

prescribed time,

(c)   

authorise the Secretary of State—

(i)   

to modify any proposed target notified to him, or

(ii)   

to require a local education authority to modify the proposed

40

targets and to notify him of the proposed targets as modified,

(d)   

require the targets to be set by a prescribed time,

 
 

Education Bill [HL]
Part 4 — Miscellaneous

55

 

(e)   

require local education authorities to publish, in such manner as may

be specified in the regulations, any targets which they set.

(3)   

In subsection (1), “looked after” is to be read in accordance with section 22 of

the Children Act 1989 (c. 41).

103     

Removal of requirements for governors’ reports and parents’ meetings

5

(1)   

In section 30 of the 2002 Act (governors’ report and other information)—

(a)   

in subsections (1) and (2)(a), after “maintained school” insert “in

Wales”,

(b)   

in subsections (3) and (4), after “maintained school” insert “(in England

or Wales)”, and

10

(c)   

in the heading, insert “(Wales)” after “reports”.

(2)   

In section 33 of the 2002 Act (annual parents’ meetings)—

(a)   

in subsection (1), after “maintained school” insert “in Wales”, and

(b)   

in the heading, after “meetings” insert “: Wales”.

(3)   

The Assembly may by order—

15

(a)   

repeal either or both of the following provisions of the 2002 Act—

(i)   

section 30(1) and (2) (as amended by subsection (1)(a) of this

section), and

(ii)   

section 33 (as amended by subsection (2) of this section), and

(b)   

make such amendments of any other enactment as appear to the

20

Assembly to be necessary or expedient in consequence of any repeal

made by virtue of paragraph (a).

104     

School profiles

After section 30 of the 2002 Act insert—

“30A    

School profiles

25

(1)   

The governing body of a maintained school in England shall prepare

and publish a document (a “school profile”) containing—

(a)   

such information as the Secretary of State may provide to the

governing body for inclusion in the profile,

(b)   

information provided by the governing body about such

30

matters relating to the school as the Secretary of State may

specify for the purposes of this paragraph, and

(c)   

such other information about the school as may be prescribed

(which may include information to be provided by persons

other than the Secretary of State).

35

(2)   

Regulations may—

(a)   

specify the time by which the school profile must be published,

(b)   

require the school profile to contain statements by the

governing body as to prescribed matters,

(c)   

prescribe the form of the school profile and the manner in which

40

it is to be published,

(d)   

require the governing body to give copies of the school profile

to such persons as may be prescribed, and

 
 

Education Bill [HL]
Part 4 — Miscellaneous

56

 

(e)   

require the governing body to revise the school profile in

accordance with the regulations at prescribed times and to

publish the school profile as revised.

(3)   

In exercising any function conferred by or under this section, a

governing body shall have regard to any guidance given from time to

5

time by the Secretary of State.”

105     

Provision and funding of higher education in maintained schools

After section 28 of the 2002 Act insert—

“28A    

Power of governing body to provide higher education

(1)   

Subject to subsection (2), the governing body of a maintained school

10

shall have power to arrange the provision to pupils at the school

(whether by teachers at the school or other persons) of courses falling

within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act

1988 (courses in preparation for professional examinations at a higher

level or providing education at a higher level).

15

(2)   

A governing body may exercise the power under subsection (1) in

relation to a particular pupil only if they are satisfied that the provision

to that pupil of the course in question will not to any significant extent

interfere with the other education with which he is being provided at

the school.

20

(3)   

The National Assembly for Wales may give, or make arrangements for

the giving of, financial assistance to any person in connection with the

provision of courses mentioned in subsection (1) by the governing body

of a maintained school in Wales.

(4)   

Sections 15 and 16 apply to financial assistance given under subsection

25

(3) as they apply to financial assistance given under section 14.

(5)   

This section has effect notwithstanding section 1(4) of the Education

Act 1996 (functions not conferred with respect to higher education).”

106     

Admission arrangements to make special provision for looked-after children

In section 89 of the School Standards and Framework Act 1998 (c. 31)

30

(procedure for determining admission arrangements) after subsection (1)

insert—

“(1A)   

Regulations may require the admission authorities for maintained

schools to include in their admission arrangements such provision

relating to the admission of children who are looked after by a local

35

authority (within the meaning of section 22 of the Children Act 1989) as

may be prescribed, which may in particular include provision for

securing that, subject to sections 86(3) and (3A) and 87 (cases where

duty to comply with parental preference does not apply), such children

are to be offered admission in preference to other children.”

40

107     

Restrictions on disposal of land

Schedule 17 contains amendments of Schedule 22 to the School Standards and

Framework Act 1998 (which makes provision as to the disposal of land held for

 
 

Education Bill [HL]
Part 4 — Miscellaneous

57

 

the purposes of foundation, voluntary or foundation special schools and as to

the property of maintained schools on their discontinuance).

Information

108     

Supply of information: education maintenance allowances

(1)   

This subsection applies to information which—

5

(a)   

is held for the purposes of functions relating to tax or tax credits—

(i)   

by the Commissioners of Inland Revenue, or

(ii)   

by a person providing services to the Commissioners of Inland

Revenue, in connection with the provision of those services, or

(b)   

is held for the purposes of functions relating to social security—

10

(i)   

by the Secretary of State or a Northern Ireland department, or

(ii)   

by a person providing services to the Secretary of State or such

a department, in connection with the provision of those

services.

(2)   

Information to which subsection (1) applies may be supplied to a person falling

15

within subsection (3) for use for purposes relating to eligibility for education

maintenance allowances.

(3)   

The following persons fall within this subsection—

(a)   

the Secretary of State,

(b)   

the Learning and Skills Council for England,

20

(c)   

the Assembly,

(d)   

a Northern Ireland department,

(e)   

the Scottish Ministers, and

(f)   

any person providing services to the Secretary of State, the Learning

and Skills Council for England, the Assembly, a Northern Ireland

25

department or the Scottish Ministers.

(4)   

Information received by virtue of subsection (2) or this subsection by a person

other than the Scottish Ministers may be supplied to a person falling within

subsection (5) for use for purposes relating to eligibility for education

maintenance allowances.

30

(5)   

The following persons fall within this subsection—

(a)   

the Assembly,

(b)   

a Northern Ireland department,

(c)   

the Scottish Ministers,

(d)   

any person by whom functions in relation to education maintenance

35

allowances falling within subsection (8)(a) are exercisable by virtue of

section 14 or 17 of the 2002 Act,

(e)   

any person by whom functions under regulations under section 181 of

the 2002 Act are exercisable by virtue of section 183 or 184 of that Act,

and

40

(f)   

any person providing services to the Assembly or a Northern Ireland

department.

(6)   

A person other than the Scottish Ministers may, in making any request for the

supply to him of information by virtue of subsection (2) or (4), supply to any

person who holds, or is to be supplied with, the information—

45

 
 

Education Bill [HL]
Part 4 — Miscellaneous

58

 

(a)   

the name, address and date of birth of any person to whom the request

relates (“the student”),

(b)   

the name, address and date of birth of—

(i)   

any parent of the student, or

(ii)   

any other person whose financial circumstances are relevant to

5

the student’s eligibility for an education maintenance

allowance, and

(c)   

any other information (whether relating to the student, any parent of

his or any person falling within paragraph (b)(ii)) which is required for

the purpose of determining the student’s eligibility for an education

10

maintenance allowance.

(7)   

This section does not limit the circumstances in which information may be

supplied apart from this section.

(8)   

In this section and section 109 “education maintenance allowance” means—

(a)   

financial assistance under section 14 of the 2002 Act paid to or in respect

15

of a person who is over compulsory school age in connection with his

undertaking any course of education or training,

(b)   

an allowance under section 181 of the 2002 Act,

(c)   

an award under Article 51(1)(b) of the Education and Libraries

(Northern Ireland) Order 1986 (No. 594/NI 3) paid to or in respect of a

20

person who is over compulsory school age (within the meaning of that

Order) in connection with his undertaking any course of education or

training,

(d)   

an allowance under section 73(f) of the Education (Scotland) Act 1980

(c. 44) paid to or in respect of a relevant person attending a course of

25

education, other than higher education, or

(e)   

financial assistance provided under section 12(2)(c) of the Further and

Higher Education (Scotland) Act 1992 (c. 37).

(9)   

In subsection (8)(d)—

“higher education” has the same meaning as in Part 2 of the Further and

30

Higher Education (Scotland) Act 1992;

“relevant person” means a person who—

(a)   

is deemed to have attained the age of 16 years under section 33

of the Education (Scotland) Act 1980, and

(b)   

has not, on the first day of the term of the course of education,

35

attained the age of 20 years.

109     

Unauthorised disclosure of information received under section 108

(1)   

A person (“X”) who discloses information which he has received by virtue of

subsection (2) or (4) of section 108 and which relates to a particular person

commits an offence unless the information is disclosed—

40

(a)   

in accordance with subsection (4) of that section,

(b)   

in the course of any duty X has in connection with the exercise of

functions relating to eligibility for education maintenance allowances,

(c)   

in accordance with an enactment or an order of a court,

(d)   

for the purpose of instituting, or otherwise for the purposes of, civil or

45

criminal proceedings, or

(e)   

with consent given by or on behalf of the person to whom the

information relates.

 
 

Education Bill [HL]
Part 4 — Miscellaneous

59

 

(2)   

It is a defence for a person charged with an offence under subsection (1) to

prove that he reasonably believed that his disclosure was lawful.

(3)   

A person guilty of an offence under subsection (1) is liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

two years, to a fine or to both;

5

(b)   

on summary conviction in England and Wales, to imprisonment for a

term not exceeding 12 months, to a fine not exceeding the statutory

maximum or to both;

(c)   

on summary conviction in Scotland or Northern Ireland, to

imprisonment for a term not exceeding 6 months, to a fine not

10

exceeding the statutory maximum or to both.

(4)   

In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(b) to 12

months is to be read as a reference to 6 months.

(5)   

The reference in subsection (1)(c) to an enactment includes a reference to an

15

enactment comprised in, or in an instrument made under—

(a)   

an Act of the Scottish Parliament, or

(b)   

any Northern Ireland legislation as defined in section 24(5) of the

Interpretation Act 1978 (c. 30).

110     

Supply of information: free school lunches etc.

20

(1)   

This subsection applies to information held for the purposes of functions

relating to tax credits—

(a)   

by the Commissioners of Inland Revenue, or

(b)   

by a person providing services to them, in connection with the

provision of those services.

25

(2)   

This subsection applies to information held for the purposes of functions

relating to social security—

(a)   

by the Secretary of State, or

(b)   

by a person providing services to him, in connection with the provision

of those services.

30

(3)   

Information to which subsection (1) or (2) applies may be supplied—

(a)   

to the Secretary of State, or any person providing services to him, or

(b)   

to the Assembly, or any person providing services to the Assembly,

   

for use for the purpose of determining eligibility for free school lunches and

milk.

35

(4)   

Information to which subsection (2) applies may be supplied to a local

education authority for use for that purpose.

(5)   

Information received by virtue of subsection (3) may be supplied—

(a)   

to another person to whom it could have been supplied under that

subsection, or

40

(b)   

to a local education authority,

   

for use for that purpose.

(6)   

The references in subsections (4) and (5)(b) to a local education authority

include references to any person exercising on behalf of such an authority

functions relating to eligibility for free school lunches and milk.

45

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 7 March 2005