Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
127

Schedule 14
Section 98

Amendments relating to the training of the school workforce
Public Records Act 1958 (c. 51)
1
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3, at the appropriate place
5
insert—
“Training and Development Agency for Schools”.
Parliamentary Commissioner Act 1967 (c. 13)
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
and authorities subject to investigation), at the appropriate place insert—
10
“Training and Development Agency for Schools”.
Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (which lists the kinds of
employment etc. referred to in section 1 of that Act), for “Teacher Training
Agency” substitute “Training and Development Agency for Schools”.
15
House of Commons Disqualification Act 1975 (c. 24)
4
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(disqualifying offices), at the appropriate place insert—
“Any member of the Training and Development Agency for
Schools in receipt of remuneration.”
20
Sex Discrimination Act 1975 (c. 65)
5
In section 23D of the Sex Discrimination Act 1975 (discrimination by Teacher
Training Agency)—
(a)
for “Teacher Training Agency” (both in the section and in the
heading) substitute “Training and Development Agency for
25
Schools”, and
(b)
for “Part 1 of the Education Act 1994” substitute “any enactment”.
6
In section 25 of the Sex Discrimination Act 1975 (general duty in public
sector of education), in subsection (6) for paragraph (f) substitute—
“(f)
the Training and Development Agency for Schools.”
30
Race Relations Act 1976 (c. 74)
7
In section 18D of the Race Relations Act 1976 (discrimination by Teacher
Training Agency)—
(a)
for “Teacher Training Agency” (both in the section and in the
heading) substitute “Training and Development Agency for
35
Schools”, and
(b)
for “Part 1 of the Education Act 1994” substitute “any enactment”.
8
In Schedule 1A (bodies and other persons subject to general statutory duty)

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
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in Part 2, for the entry relating to the Teacher Training Agency substitute—
“The Training and Development Agency for Schools.”
Education (Fees and Awards) Act 1983 (c. 40)
9
In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities
and further education establishments), in subsection (3) for paragraph (e)
5
substitute—
“(e)
any training provider, within the meaning of Part 3 of the
Education Act 2005 (training the school workforce), who is
receiving financial support under section 78 of that Act from
the Training and Development Agency for Schools;
10
(ee)
any institution eligible for funding by the Higher Education
Funding Council for Wales under Part 3 of that Act;”.
Education (No. 2) Act 1986 (c. 61)
10
In the Education (No. 2) Act 1986, omit section 50 (grants for teacher
training, etc.).
15
Education Act 1994 (c. 30)
11
Omit sections 1 to 11 of the Education Act 1994.
12
Omit sections 12 to 17 of the Education Act 1994.
13
For section 18A of the Education Act 1994 substitute—
“18B
Inspection of teacher training
20
(1)
Her Majesty’s Chief Inspector of Schools in England (“the Chief
Inspector”) may inspect and report on—
(a)
any initial training of teachers, or specialist teaching
assistants, for schools, or
(b)
any in-service training of such teachers or assistants,
25

which is provided by a training provider.
(2)
When asked to do so by the Secretary of State, the Chief Inspector
must—
(a)
give advice to the Secretary of State on such matters
connected with training falling within subsection (1)(a) or (b)
30
as may be specified in the Secretary of State’s request;
(b)
inspect and report on such one or more relevant training
providers in England as may be so specified.
(3)
The Chief Inspector may at any time give advice to—
(a)
the Secretary of State,
35
(b)
the Training and Development Agency for Schools, or
(c)
the General Teaching Council for England,

on any matter connected with training falling within subsection
(1)(a) or (b).
(4)
The Chief Inspector may—
40
(a)
make such reports of inspections carried out by him under
this section as he considers appropriate, and

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
129

(b)
arrange for any such report to be published in such manner
as he considers appropriate,

and subsections (2) to (4) of section 11 of the 2005 Act (publication of
inspection reports) apply in relation to the publication of any such
report as they apply in relation to the publication of a report under
5
any of the provisions mentioned in subsection (2) of that section.
(5)
When inspecting a training provider under this section, the Chief
Inspector has at all reasonable times—
(a)
a right of entry to the premises of the training provider, and
(b)
a right to inspect, and take copies of, any records kept by the
10
training provider, and any other documents containing
information relating to the training provider, which he
considers relevant to the exercise of his functions under this
section;

and section 58 of the 2005 Act (inspection of computer records)
15
applies for the purposes of this section as it applies for the purposes
of Part 1 of the 2005 Act.
(6)
Without prejudice to subsection (5), a training provider to which an
inspection under this section relates—
(a)
must give the Chief Inspector all assistance in connection
20
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.
(7)
The Chief Inspector may not carry out any inspection under
25
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
(ii)
where the training is provided by a partnership or
30
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
shorter notice of that intention.
35
(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
method of giving it) be addressed to a training provider at any
40
address which the training provider has notified to the Training and
Development Agency for Schools 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,
in relation to any course which consists of instruction given wholly
45
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

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
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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 1 to the 2005 Act.
(11)
Nothing in this section is to be taken as prejudicing the generality of
sections 2 to 4 of, or paragraph 5(1) or (2) of Schedule 1 to, the 2005
5
Act.
(12)
In this section—
(a)
“the 2005 Act” means the Education Act 2005;
(b)
“training provider” has the same meaning as in Part 3 of the
2005 Act;
10
(c)
“relevant training provider” means any training provider
who provides training falling within subsection (1)(a) or (b);
(d)
“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);
15
(e)
“documents” and “records” each include information
recorded in any form.
18C
Inspection of teacher training in Wales
(1)
Her Majesty’s Chief Inspector of Education and Training in Wales
(“the Chief Inspector”) may inspect and report on—
20
(a)
any initial training of teachers, or specialist teaching
assistants, for schools, or
(b)
any in-service training of such teachers or assistants,

which is provided by a training provider in Wales.
(2)
When asked to do so by the National Assembly for Wales, the Chief
25
Inspector must—
(a)
give advice to the Assembly on such matters connected with
training falling within subsection (1)(a) or (b) as may be
specified in the Assembly’s request;
(b)
inspect and report on such one or more relevant training
30
providers as may be so specified.
(3)
The Chief Inspector may at any time give advice to—
(a)
the Assembly,
(b)
a funding agency, or
(c)
the General Teaching Council for Wales,
35

on any matter connected with training falling within subsection
(1)(a) or (b).
(4)
The Chief Inspector may—
(a)
make such reports of inspections carried out by him under
this section as he considers appropriate, and
40
(b)
arrange for any such report to be published in such manner
as he considers appropriate,

and subsections (2) to (4) of section 29 of the 2005 Act (publication of
inspection reports) apply in relation to the publication of any such
report as they apply in relation to the publication of a report under
45
any of the provisions mentioned in subsection (2) of that section.

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

(5)
When inspecting a training provider under this section, the Chief
Inspector has at all reasonable times—
(a)
a right of entry to the premises of the training provider, and
(b)
a right to inspect, and take copies of, any records kept by the
training provider, and any other documents containing
5
information relating to the training provider, which he
considers relevant to the exercise of his functions under this
section;

and section 58 of the 2005 Act (inspection of computer records)
applies for the purposes of this section as it applies for the purposes
10
of Part 1 of the 2005 Act.
(6)
Without prejudice to subsection (5), a training provider to which an
inspection under this section relates—
(a)
must give the Chief Inspector all assistance in connection
with the exercise of his functions under this section which he
15
is reasonably able to give, and
(b)
must secure that all such assistance is also given by persons
who work for the training provider.
(7)
The Chief Inspector may not carry out any inspection under
subsection (1) unless—
20
(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
(ii)
where the training is provided by a partnership or
association of training providers, to one of those
25
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
shorter notice of that intention.
(8)
Any notice under subsection (7)—
30
(a)
must be given in writing, and
(b)
may be sent by post;

and any such notice may (without prejudice to any other lawful
method of giving it) be addressed to a training provider at any
address which the training provider has notified to a funding agency
35
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,
in relation to any course which consists of instruction given wholly
or mainly for purposes other than training falling within subsection
40
(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
out under this section, as including a reference to any person
authorised to act on his behalf under paragraph 5(1) or (2) of
45
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
Act.

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
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(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
for Schools;
5
(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);
(e)
“in-service training” includes any training provided to a
10
teacher serving an induction period (within the meaning of
section 19 of the Teaching and Higher Education Act 1998);
(f)
“documents” and “records” each include information
recorded in any form.”
14
In section 19 of the Education Act 1994 (interpretation)—
15
(a)
omit subsections (1) to (4), and
(b)
in subsection (5), for “Other expressions, if” substitute “Expressions”.
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
20
Sunday school etc.) is amended as follows.
      (2)
In paragraph (b) for “teacher training” substitute “any training for members
of the school workforce”.
      (3)
Renumber the section as so amended as subsection (1), and at the end
insert—
25
“(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
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.
30
      (2)
In subsection (2), for paragraph (c) substitute—
“(c)
training for members of the school workforce.”
      (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
35
96(1) of the Education Act 2005.”
Audit Commission Act 1998 (c. 18)
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
40
body of an institution receiving financial support under that Part

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
133

substitute—

“The Training and
The agency.

Development Agency for

Schools.

A training provider (within the
The training provider or the

5

meaning of Part 3 of the
agency.”

Education Act 2005) receiving

financial support under section

78 of that Act from the

Training and Development

10

Agency for Schools, except

where that financial support is

wholly derived from grants

made to the agency by the

National Assembly for Wales.

15
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
follows.
20
      (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
and Development Agency for Schools”, and
25
(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—
““the 2005 Act” means the Education Act 2005;”,
30
(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
an institution, means the training provider;
35
“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);”.
      (4)
In subsection (11)—
40
(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
(interpretation of Chapter 1 of Part 2), in the definition of “publicly-funded
45