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Education Bill [HL]


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

134

 

institution” (which is to be repealed by the Higher Education Act 2004) for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

and in the definition of “fees” (which is also to be repealed by the Higher

5

Education Act 2004 (c. 8)) 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)

10

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—

15

 

“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

  

20

 

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

  

25

 

78 of that Act from the

  
 

Training and Development

  
 

Agency for Schools, except

  
 

where that financial support is

  
 

wholly derived from grants

  

30

 

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

35

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”.

40

      (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

 

 

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

135

 

purposes of that Act), in Part 6 (other public bodies and offices: general)

insert at the appropriate place—

“The Training and Development Agency for Schools.”

Education Act 2002 (c. 32)

23    (1)  

Section 14 of the Education Act 2002 (power of Secretary of State and

5

Assembly to give financial assistance for purposes related to education or

childcare) is amended as follows.

      (2)  

After subsection (2) insert—

“(2ZA)   

In subsection (2)(g), “training for teachers or for non-teaching staff”

includes—

10

(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,

and

(b)   

any assessment related to the award of a qualification or

15

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

in subsection (2ZA)(a),”.

24         

In section 145 of the Education Act 2002 (specification of qualification or

20

course), in subsections (1)(c) and (3), for “Teacher Training Agency”

substitute “Training and Development Agency for Schools”.

Higher Education Act 2004 (c. 8)

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.

25

      (2)  

In subsection (1)—

(a)   

for “section 7 of the 1994 Act” substitute “section 81 of the 2005 Act”,

and

(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

30

“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

English funding bodies), in subsection (4)(c), for “section 5 of the 1994 Act”

substitute “section 78 of the 2005 Act”.

35

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

student fees, etc.

“(1)   

The power of the Assembly to impose conditions under section 68(1)

40

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

relation to any grants, loans or other payments made by the funding

 

 

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

136

 

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.

(2)   

In this section—

“funding body” means—

5

(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

Assembly in a condition under subsection (1), or an

institution of a class so specified.”

10

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

by Welsh funding bodies”.

      (3)  

In subsection (3), for “the Higher Education Funding Council for Wales”

15

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”.

      (5)  

In subsection (6), after the definition of “the basic amount” insert—

““funding body” has the same meaning as in section 27;”.

20

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

(b)   

for “Teacher Training Agency” substitute “Training and

Development Agency for Schools”.

25

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

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

30

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:

England), in subsection (1)(a) for “Teacher Training Agency” substitute

“Training and Development Agency for Schools”.

35

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”.

34         

In section 40 of the Higher Education Act 2004 (provision of information), for

“Teacher Training Agency” (in both places) substitute “Training and

40

Development Agency for Schools”.

35    (1)  

Section 41 of the Higher Education Act 2004 (interpretation of Part 3) is

amended as follows.

      (2)  

In subsection (1)—

 

 

Education Bill [HL]
Schedule 15 — Transitional and transitory provisions relating to Part 3

137

 

(a)   

for the definition of “governing body” substitute—

““governing body” is to be read in accordance with

subsection (1A);”, and

(b)   

after the definition of “general provisions” insert—

““institution” includes any training provider (whether

5

or not the training provider would otherwise be

regarded as an institution);”.

      (3)  

After subsection (1) insert—

“(1A)   

In this Act any reference to the governing body of an institution—

(a)   

in relation to any institution except a training provider falling

10

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

(b)   

in the case of a training provider who but for subsection (1)

would not be regarded as an institution, means the training

15

provider.”

      (4)  

In subsection (2)(a), for “section 5 of the 1994 Act” substitute “section 78 or

86 of the 2005 Act”.

      (5)  

After subsection (2), insert—

“(3)   

In subsections (1) and (1A), “training provider” has the same

20

meaning as in Part 3 of the 2005 Act.

36         

In section 48 of the Higher Education Act 2004 (c. 8) (general

interpretation)—

(a)   

omit the definition of “the 1994 Act”, and

(b)   

after the definition of “the 1998 Act” insert—

25

““the 2005 Act” means the Education Act 2005;”.

Schedule 15

Section 99

 

Transitional and transitory provisions relating to Part 3

Interpretation

1          

In this Schedule “the 1994 Act” means the Education Act 1994 (c. 30).

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

respects any time after the commencement of section 74, a reference to the

Training and Development Agency for Schools.

35

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

74, as a reference to the Teacher Training Agency.

 

 

Education Bill [HL]
Schedule 16 — Funding of maintained schools

138

 

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.

Inspection of teacher training

5          

In sections 18B and 18C of the 1994 Act (as substituted by Schedule 14) any

5

reference to anything done under either of those sections includes a

reference to anything done before the commencement of those sections

under section 18A of that Act.

Duty to have regard to needs of disabled persons

6     (1)  

In exercising their functions, the Agency must have regard to the

10

requirements of persons who are disabled persons for the purposes of the

Disability Discrimination Act 1995 (c. 50).

      (2)  

Sub-paragraph (1) is to cease to have effect on the coming into force in

relation to the Agency of section 49A of the Disability Discrimination Act

1995 (which is inserted in that Act by the Disability Discrimination Act 2005

15

and imposes a similar duty on every public authority).

Schedule 16

Section 101

 

Funding of maintained schools

1          

In this Schedule “the 1998 Act” means the School Standards and Framework

Act 1998 (c. 31).

20

Power to provide for budgets to relate to period other than financial year

2     (1)  

Section 45 of the 1998 Act (maintained schools to have budget shares) is

amended as follows.

      (2)  

In subsection (1) for “financial year” substitute “funding period”.

      (3)  

After subsection (1A) insert—

25

“(1B)   

In this Chapter “funding period” means a financial year or such other

period as may be prescribed.”

      (4)  

In subsection (2)—

(a)   

for “45A and” substitute “45A to”, and

(b)   

for “financial year” substitute “funding period”.

30

Determination of budgets

3     (1)  

Section 45A of the 1998 Act (determination of specified budgets of LEA) is

amended as follows.

      (2)  

In subsection (1)—

(a)   

for “financial year” substitute “relevant period”, and

35

(b)   

for “that year” substitute “that period”.

 

 

Education Bill [HL]
Schedule 16 — Funding of maintained schools

139

 

      (3)  

After subsection (1) insert—

“(1A)   

In subsection (1) “relevant period” means a financial year or such

other period as may be prescribed.”

      (4)  

In subsection (2)—

(a)   

for “financial year” substitute “funding period”, and

5

(b)   

for “that year” substitute “that period”.

      (5)  

After that subsection insert—

“(2A)   

The amount referred to in subsection (2) includes the amount of any

grant which is appropriated, for meeting the expenditure mentioned

in that subsection, in accordance with a condition which—

10

(a)   

is imposed under section 16 of the Education Act 2002 (terms

on which assistance under section 14 of that Act is given) or

any other enactment, and

(b)   

requires that the grant be applied as part of the authority’s

schools budget for the funding period.”

15

      (6)  

In subsection (3)—

(a)   

for “financial year” substitute “funding period”, and

(b)   

for “that year” (in both places) substitute “that period”.

      (7)  

After subsection (4) insert—

“(4A)   

Regulations under subsection (3) may also make provision—

20

(a)   

enabling any expenditure falling outside any classes or

descriptions of expenditure prescribed by virtue of

subsection (4)(a) to be deducted from the authority’s schools

budget if the deduction of such expenditure is authorised, on

the application of the authority, by the authority’s schools

25

forum or the Secretary of State, and

(b)   

enabling any limit or condition that would otherwise apply

by virtue of subsection (4)(b)(i) or (ii) to be varied or

excluded, on the application of the authority, by the

authority’s schools forum or the Secretary of State.”

30

      (8)  

Omit subsections (5) and (6).

4          

After section 45A insert—

“45AA   

Power to require LEAs in England to determine schools budget

(1)   

Regulations may require a local education authority in England, not

later than the prescribed date, to make an initial determination of

35

their schools budget for a funding period.

(2)   

The date prescribed for the purposes of subsection (1) may be a date

falling up to 48 months before the beginning of the funding period.

(3)   

Regulations under subsection (1) may—

(a)   

authorise or require local education authorities in England to

40

take account of matters arising after the initial determination

of their schools budgets for any funding period but before the

beginning of the funding period, by redetermining their

schools budgets for the period in accordance with the

regulations, and

45

 

 

Education Bill [HL]
Schedule 16 — Funding of maintained schools

140

 

(b)   

require notice of any initial determination or revised

determination to be given in accordance with the regulations

to the governing bodies of schools maintained by the local

education authority.

45AB    

Duty of LEAs in Wales to determine schools budget

5

(1)   

Before the schools budget deadline in any funding period, a local

education authority in Wales must—

(a)   

determine the proposed amount of their schools budget for

the following funding period, and

(b)   

give notice of their determination to the National Assembly

10

for Wales and to the governing body of every school

maintained by the authority.

(2)   

For the purposes of this section “the schools budget deadline”, in

relation to an authority in Wales, means the end of January or such

other time as may be prescribed.

15

45AC    

Power to require LEAs in Wales to determine schools budget

(1)   

Regulations may require a local education authority in Wales, not

later than the prescribed date, to make an initial determination of

their schools budget for a funding period.

(2)   

The date prescribed for the purposes of subsection (1) may be a date

20

falling up to 48 months before the beginning of the funding period.

(3)   

Regulations under subsection (1) may—

(a)   

authorise or require local education authorities in Wales to

take account of matters arising after the initial determination

of their schools budgets for the funding period but before the

25

beginning of the funding period, by redetermining their

schools budgets for the period in accordance with the

regulations, and

(b)   

require notice of any initial determination or revised

determination to be given in accordance with the regulations

30

to the Assembly and to the governing bodies of schools

maintained by the local education authority.

(4)   

Regulations under subsection (1) are not to have effect in relation to

an authority’s schools budget for any funding period if section 45AB

is in force in relation to that funding period.”

35

5          

For sections 45B and 45C of the 1998 Act substitute—

"45B    

Power of Assembly to set minimum schools budget for LEA in Wales

(1)   

If it appears to the National Assembly for Wales that, in all the

circumstances, the proposed amount of a local education authority’s

schools budget for a funding period is inadequate, the Assembly

40

may, within the period of fourteen days beginning with the schools

budget deadline in the funding period preceding that funding

period, give the authority a notice under subsection (6) or (7).

(2)   

In subsection (1), the reference to the proposed amount of a local

education authority’s schools budget for a funding period is—

45

 

 

 
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