|
| |
|
institution” (which is to be repealed by the Higher Education Act 2004) for |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 |
| |
| |
(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and in the definition of “fees” (which is also to be repealed by the Higher |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 |
| | | | | financial support under section |
| | | | | 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 |
| | | | | | | | | Education Act 2005) receiving |
| | | | | financial support under section |
| | | 25 | | | | | | | | | | | | Agency for Schools, except |
| | | | | where that financial support is |
| | | | | wholly derived from grants |
| | | 30 | | made to the Agency by the |
| | | | | | | | |
|
(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 |
| |
| 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 |
| |
|
| |
|
| |
|
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” |
| |
| 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, |
| |
| |
(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 |
| |
(a) | for “section 7 of the 1994 Act” substitute “section 81 of the 2005 Act”, |
| |
| |
(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 |
| |
| |
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 |
| |
| |
“(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
| |
|
| |
|
| |
|
(a) | for the definition of “governing body” substitute— |
| |
““governing body” is to be read in accordance with |
| |
| |
(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 |
| |
(4) | In subsection (2)(a), for “section 5 of the 1994 Act” substitute “section 78 or |
| |
| |
(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 |
| |
| |
(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;”. |
| |
| |
| |
Transitional and transitory provisions relating to Part 3 |
| |
| |
1 | In this Schedule “the 1994 Act” means the Education Act 1994 (c. 30). |
| 30 |
| |
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. |
| |
|
| |
|
| |
|
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). |
| |
| |
| |
Funding of maintained schools |
| |
1 | In this Schedule “the 1998 Act” means the School Standards and Framework |
| |
| 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 |
| |
| |
(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.” |
| |
| |
(a) | for “45A and” substitute “45A to”, and |
| |
(b) | for “financial year” substitute “funding period”. |
| 30 |
| |
3 (1) | Section 45A of the 1998 Act (determination of specified budgets of LEA) is |
| |
| |
| |
(a) | for “financial year” substitute “relevant period”, and |
| 35 |
(b) | for “that year” substitute “that period”. |
| |
|
| |
|
| |
|
(3) | After subsection (1) insert— |
| |
“(1A) | In subsection (1) “relevant period” means a financial year or such |
| |
other period as may be prescribed.” |
| |
| |
(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 |
| |
| |
(b) | requires that the grant be applied as part of the authority’s |
| |
schools budget for the funding period.” |
| 15 |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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 |
|
| |
|