Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 12 — School organisation: further amendments
121

(b)
for sub-paragraph (3) substitute—
     “(3)
Where the proposals were published—
(a)
under section 28(2) or 28A(2), by promoters, or
(b)
under section 28(2), by the governing body,

they shall be implemented by the local education authority
5
and by the promoters or (as the case may be) the governing
body, respectively, to such extent (if any) as the proposals
provide for each of them to do so.”
     (10)
In paragraph 14(3), after “section 28(2)” insert “or 28A(2)”.
14    (1)
Schedule 7 to the School Standards and Framework Act 1998 (rationalisation
10
of school places) is amended as follows.
      (2)
For the heading substitute “RATIONALISATION OF SCHOOL PLACES IN
WALES”.
      (3)
After paragraph 1 insert—
“1A
In this Schedule “the Assembly” means the National Assembly for
15
Wales.”
      (4)
In paragraph 2—
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
(b)
in sub-paragraph (1)(a), after “local education authority” insert “in
Wales”, and
20
(c)
omit sub-paragraph (5).
      (5)
In paragraph 3—
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
(b)
in sub-paragraph (1)(a), after “local education authority” insert “in
Wales”, and
25
(c)
omit sub-paragraph (5).
      (6)
In paragraph 4—
(a)
omit sub-paragraphs (1) to (6),
(b)
in sub-paragraph (7)—
(i)
omit “(whether relating to an area in England or in Wales)”,
30
and
(ii)
for “Secretary of State” (in both places) substitute
“Assembly”, and
(c)
for paragraph (b) of sub-paragraph (9) substitute—
“(b)
proposals adopted under paragraph 14 have effect
35
as mentioned in paragraph 15(b),”.
      (7)
For the heading to Part 3 substitute “PROPOSALS BY NATIONAL
ASSEMBLY FOR WALES”.
      (8)
In paragraph 5—
(a)
in sub-paragraph (1)—
40
(i)
for “Secretary of State” substitute “Assembly”, and
(ii)
for “he may” substitute “the Assembly may”,
(b)
omit sub-paragraph (3), and

Education Bill [HL]
Schedule 12 — School organisation: further amendments
122

(c)
in sub-paragraph (4), for the words from the beginning to “shall”
substitute “The Assembly shall”.
      (9)
Omit Part 4.
     (10)
In paragraph 12(2)(a), for “Secretary of State” substitute “Assembly”.
     (11)
In paragraph 13—
5
(a)
in sub-paragraph (1), for “the Secretary of State” and “he” substitute
“the Assembly”,
(b)
in sub-paragraph (2), for “the Secretary of State”, “his” and “he”
substitute respectively “the Assembly”, “the Assembly’s” and “the
Assembly”,
10
(c)
in sub-paragraph (3), for “Secretary of State” substitute “Assembly”,
(d)
in sub-paragraph (4)—
(i)
for “Secretary of State” substitute “Assembly”,
(ii)
for “he shall refer” substitute “the Assembly shall refer”,
(iii)
for “he causes” substitute “the Assembly causes”,
15
(iv)
for “to him” substitute “to the Assembly, and
(v)
for “he is required” substitute “it is required”,
(e)
in sub-paragraph (5)—
(i)
for “Secretary of State” substitute “Assembly”,
(ii)
for “he forms” substitute “the Assembly forms”,
20
(iii)
for “him” substitute “the Assembly”, and
(iv)
for “he subsequently forms” substitute “the Assembly
subsequently forms”.
     (12)
In paragraph 14—
(a)
in sub-paragraph (1)—
25
(i)
for “Secretary of State” substitute “Assembly”,
(ii)
for “he” (wherever occurring) substitute “it”, and
(iii)
in paragraph (a), for “him” substitute “the Assembly”, and
(b)
in sub-paragraph (2)—
(i)
for “Secretary of State” substitute “Assembly”, and
30
(ii)
for “he” (wherever occurring) substitute “it”.
     (13)
In paragraph 15, for “Secretary of State” (in both places) substitute
“Assembly”.
     (14)
Omit paragraph 16.
     (15)
In paragraph 17(2), for “Secretary of State” (in both places) substitute
35
“Assembly”.
15    (1)
Schedule 22 to the School Standards and Framework Act 1998 (disposals of
land in case of certain schools and disposals on discontinuance) is amended
as follows.
      (2)
In paragraph 2(1)(a), at the end insert “or under paragraph 14(5) of Schedule
40
10 to the Education Act 2005”.
      (3)
In paragraph 3(1)(a), at the end insert “or under paragraph 14(5) of Schedule
10 to the Education Act 2005”.

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
123

Education Act 2002 (c. 32)
16
In section 129 of the Education Act 2002 (transfer of employment), in
subsection (1)(a) after “section 28” insert “, 28A”.
Schedule 13
Section 77

The Training and Development Agency for Schools
5
Supplementary powers
1     (1)
The power conferred on the Agency by section 83 includes power to do
anything which appears to them to be incidental to the furtherance of the
objectives in section 75(2) or to the exercise of any other function conferred
on them by any enactment, including, in particular, power to—
10
(a)
acquire and dispose of land and other property,
(b)
enter into contracts,
(c)
invest sums not immediately required for the purposes of the
discharge of their functions, and
(d)
accept gifts or money, land or other property.
15
      (2)
The Agency may not borrow money except with the consent of the Secretary
of State.
Chief officer
2     (1)
One of the members of the Agency is to be the chief officer.
      (2)
The chief officer is to be appointed by the Agency with the approval of the
20
Secretary of State on such terms and conditions (including terms with
respect to tenure and vacation of office) as the Agency may with the
approval of the Secretary of State determine.
      (3)
On approval by the Secretary of State of the person to be appointed on any
occasion as chief officer of the Agency and the terms and conditions of his
25
appointment, the Secretary of State must—
(a)
if that person is not already a member of the Agency, appoint him as
a member for the same term as the term of his appointment as chief
officer, and
(b)
if he is already such a member but his term of appointment as such
30
ends before the term of his appointment as chief officer ends, extend
his term of appointment as a member so that it ends at the same time
as the term of his appointment as chief officer.
Tenure of members of the Agency
3     (1)
A person holds and vacates office as a member or as chairman or chief officer
35
of the Agency in accordance with the terms of his appointment and, on
ceasing to be a member, is eligible for re-appointment.
      (2)
A person may at any time by notice in writing to the Secretary of State resign
his office as a member or as chairman of the Agency.
4
If the Secretary of State is satisfied that a member of the Agency—
40

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
124

(a)
has been absent from meetings of the Agency for a period longer
than six consecutive months without the permission of the Agency,
or
(b)
is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice in writing to the member remove him
5
from office and thereupon the office becomes vacant.
Salaries, allowances and pensions
5     (1)
The Agency—
(a)
must pay to their members such salaries or fees, and such travelling,
subsistence and other allowances, as the Secretary of State may
10
determine, and
(b)
must, as regards any member in whose case the Secretary of State
may so determine, pay or make provision for the payment of such
sums by way of pension, allowances and gratuities to or in respect of
him as the Secretary of State may determine.
15
      (2)
If a person ceases to be a member of the Agency and it appears to the
Secretary of State that there are special circumstances which make it right
that he should receive compensation, the Secretary of State may direct the
Agency to make to that person a payment of such amount as the Secretary
of State may determine.
20
      (3)
The Agency must pay to the members of any of their committees who are not
members of the Agency such travelling, subsistence or other allowances as
the Secretary of State may determine.
Staff
6     (1)
The Agency may appoint such employees as they think fit.
25
      (2)
The Agency may pay to their employees such remuneration and allowances
as the Agency may determine.
      (3)
The employees are to be appointed on such other terms and conditions as
the Agency may determine.
      (4)
A determination under sub-paragraph (2) or (3) requires the approval of the
30
Secretary of State.
7     (1)
Employment with the Agency continues to be included among the kinds of
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) can apply.
      (2)
The Agency shall pay to the Minister for the Civil Service, at such times as
35
the Minister may direct, such sums as the Minister may determine in respect
of the increase attributable to sub-paragraph (1) in the sums payable out of
money provided by Parliament under that Act.
      (3)
Where an employee of the Agency is, by reference to that employment, a
participant in a scheme under section 1 of that Act and is also a member of
40
the Agency, the Minister for the Civil Service may determine that his service
as such a member shall be treated for the purposes of the scheme as service
as an employee of the Agency (whether or not any benefits are payable to or
in respect of him by virtue of paragraph 5).

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
125

Committees
8     (1)
The Agency may establish a committee for any purpose.
      (2)
The number of the members of a committee established under this
paragraph, and the terms on which they are to hold and vacate office, shall
be fixed by the Agency.
5
      (3)
Such a committee may include persons who are not members of the Agency.
      (4)
The Agency shall keep under review the structure of committees established
under this paragraph and the scope of each committee’s activities.
Delegation of functions
9
The Agency may authorise the chairman, the chief officer or any committee
10
established under paragraph 8 to exercise such of their functions as they
may determine.
Proceedings
10
Without prejudice to any other rights the Secretary of State may require to
be accorded to him as a condition of any grants made to the Agency under
15
this Act—
(a)
a representative of the Secretary of State is entitled to attend and take
part in deliberations (but not in decisions) at meetings of the Agency
or of any committee of the Agency, and
(b)
the Agency must provide the Secretary of State with such copies of
20
any documents distributed to members of the Agency or of any such
committee as he may require.
11
Without prejudice to any other rights the Assembly may require to be
accorded to it as a condition of any grants made to the Agency under this
Act—
25
(a)
a representative of the Assembly is entitled to attend and take part in
deliberations (but not in decisions) at meetings of the Agency or of
any committee of the Agency, and
(b)
the Agency must provide the Assembly with such copies of any
documents distributed to members of the Agency or of any such
30
committee as the Assembly may require.
12    (1)
The Chief Inspector for England, or a representative of his, is entitled to
attend and take part in deliberations (but not in decisions) at meetings of the
Agency or of any committee of the Agency.
      (2)
The Agency must provide the Chief Inspector for England with such copies
35
of any documents distributed to members of the Agency or of any such
committee as he may require.
13
The validity of any proceedings of the Agency or of any committee of the
Agency is not affected by a vacancy among the members or by any defect in
the appointment of a member.
40
14
Subject to the preceding provisions of this Schedule, the Agency may
regulate their own procedure and that of any of their committees.

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
126

Application of seal and proof of instruments
15
The application of the seal of the Agency is authenticated by the signature—
(a)
of the chairman or of some other person authorised either generally
or specially by the Agency to act for that purpose, and
(b)
of one other member.
5
16
Every document purporting to be an instrument made or issued by or on
behalf of the Agency and to be duly executed under the seal of the Agency,
or to be signed and executed by a person authorised by the Agency to act in
that behalf, is to be received in evidence and to be treated, without further
proof, as being so made or issued unless the contrary is shown.
10
Accounts
17    (1)
It is the duty of the Agency—
(a)
to keep proper accounts and proper records in relation to the
accounts,
(b)
to prepare in respect of each financial year of the Agency a statement
15
of accounts, and
(c)
to send copies of the statement to the Secretary of State and to the
Comptroller and Auditor General by such time as the Secretary of
State may direct.
      (2)
The statement of accounts must comply with any directions given by the
20
Secretary of State as to—
(a)
the information to be contained in it,
(b)
the manner in which the information contained in it is to be
presented, or
(c)
the methods and principles according to which the statement is to be
25
prepared,

and must contain such additional information as the Secretary of State may
require to be provided for the information of Parliament.
      (3)
The Comptroller and Auditor General must examine, certify and report on
each statement received by him in pursuance of this paragraph and shall lay
30
copies of each statement and of his report before each House of Parliament.
      (4)
In this paragraph “financial year” means each period of twelve months
beginning with 1st April.
Annual reports
18
The Agency—
35
(a)
must make an annual report to the Secretary of State, who must lay
a copy of it before each House of Parliament, and
(b)
may arrange for the report to be published in such manner as the
Agency consider appropriate.
Status of Agency
40
19
The Agency are not to be regarded as the servant or agent of the Crown or
as enjoying any status, immunity or privilege of the Crown; and the
property of the Agency is not to be regarded as property of, or property held
on behalf of, the Crown.