Education Bill [HL]

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 2 — School organisation
41

67
Rationalisation of school places in England
Schedule 11 contains provisions enabling the Secretary of State to direct local
education authorities in England, or the governing bodies of schools
maintained by them, to bring forward proposals for the rationalisation of
school places, and for such proposals to be made by him.
5
68
Proposals for establishment of federated school
(1)
Proposals under—
(a)
section 28, 28A or 31 of the School Standards and Framework Act 1998
(c. 31),
(b)
section 113A of the Learning and Skills Act 2000 (c. 21),
10
(c)
section 193 of the Education Act 2002 (c. 32),
(d)
section 66 of this Act, or
(e)
paragraph 7 of Schedule 11 to this Act,

for the establishment of a new school may relate to the establishment of the
school as a federated school.
15
(2)
In this section “federated school” has the meaning given by section 24(2) of the
Education Act 2002.
69
LEA not to establish school on opposite side of Welsh border
No proposals may be published under any enactment—
(a)
for the establishment of a school in Wales which is proposed to be
20
maintained by a local education authority in England, or
(b)
for the establishment of a school in England which is proposed to be
maintained by a local education authority in Wales.
70
Proposals for discontinuance of rural primary school
(1)
Section 29 of the School Standards and Framework Act 1998 (proposals for
25
discontinuance of community, foundation, voluntary or maintained nursery
school) is amended as follows.
(2)
For subsection (4) substitute—
“(4A)
The matters to which the relevant body shall have regard in
formulating any proposals under this section in relation to a rural
30
primary school include—
(a)
the likely effect of the discontinuance of the school on the local
community,
(b)
the availability, and likely cost to the local education authority,
of transport to other schools,
35
(c)
any increase in the use of motor vehicles which is likely to result
from the discontinuance of the school, and the likely effects of
any such increase, and
(d)
any alternatives to the discontinuance of the school;

and in considering these matters the relevant body shall have regard to
40
any guidance given from time to time by the Secretary of State.
(4B)
Before publishing any proposals under this section which relate to a
rural primary school, the relevant body shall consult—

Education Bill [HL]
Part 2 — School organisation
42

(a)
the registered parents of registered pupils at the school,
(b)
where the relevant body are the governing body of the school,
the local education authority,
(c)
in a case where the local education authority are a county
council in England, any district council for the area in which the
5
school is situated,
(d)
any parish council or community council for the area in which
the school is situated, and
(e)
such other persons as appear to the relevant body to be
appropriate.
10
(4C)
Before publishing any other proposals under this section the relevant
body shall consult such persons as appear to them to be appropriate.
(4D)
In discharging their duty under subsection (4B) or (4C) the relevant
body shall have regard to any guidance given from time to time by the
Secretary of State.”
15
(3)
After subsection (9) insert—
“(9A)
In this section “rural primary school” means a primary school
designated as such for the purposes of this section by an order made by
the Secretary of State.”
71
Proposals relating to maintained special school
20
In section 31 of the School Standards and Framework Act 1998 (c. 31)
(proposals in respect of community or foundation special school), for
subsection (4) substitute—
“(4A)
Before publishing any proposals under this section to make any
prescribed alteration to a school, or to discontinue a school, the relevant
25
body shall consult—
(a)
the registered parents of registered pupils at the school,
(b)
any local education authority which maintain a statement
under section 324 of the Education Act 1996 (statement of
special educational needs) in respect of a registered pupil at the
30
school, and
(c)
such other persons as appear to the relevant body to be
appropriate.
(4B)
Before publishing any proposals under this section to establish a new
school, the relevant body shall consult such persons as appear to them
35
to be appropriate.
(4C)
In discharging their duty under subsection (4A) or (4B) the relevant
body shall have regard to any guidance given from time to time by the
Secretary of State.”
72
School organisation: further amendments
40
Schedule 12 contains further amendments relating to proposals for the
establishment, alteration or discontinuance of schools.

Education Bill [HL]
Part 3 — Training the school workforce
43

73
Interpretation of Part 2
In this Part—
“adjudicator” is to be read in accordance with section 25(3) of the School
Standards and Framework Act 1998 (c. 31);
“prescribed” means prescribed by regulations;
5
“regulations” means regulations made under this Part by the Secretary of
State;
“school organisation committee”, in relation to proposals, means the
school organisation committee (as defined by section 24(4) of the School
Standards and Framework Act 1998) for the area of the local education
10
authority which published the proposals.
Part 3
Training the school workforce
The Training and Development Agency for Schools
74
The Training and Development Agency for Schools
15
The body corporate originally established under section 1 of the Education Act
1994 (c. 30) as the Teacher Training Agency is to continue in existence but is to
be known instead as the Training and Development Agency for Schools.
75
Functions of Agency
(1)
The Agency are to exercise the functions conferred on them by or under this
20
Part or any other enactment.
(2)
The objectives of the Agency in exercising their functions are—
(a)
to contribute to raising the standards of teaching and of other activities
carried out by the school workforce,
(b)
to promote careers in the school workforce,
25
(c)
to improve the quality and efficiency of all routes into the school
workforce, and
(d)
to secure the involvement of schools in all courses and programmes for
the initial training of school teachers.
(3)
In the exercise of their functions the Agency shall have regard, in particular, to
30
the desirability of securing that the school workforce is well fitted and
trained—
(a)
to promote the spiritual, moral, behavioural, social, cultural, mental
and physical development of children and young people,
(b)
to contribute to their well-being, and
35
(c)
to prepare them for the opportunities, responsibilities and experiences
of later life.
(4)
In subsection (3)(b) “well-being”, in relation to children and young people, is a
reference to their well-being having regard to the matters mentioned in section
10(2) of the Children Act 2004.
40
(5)
For the purposes of this Part, the school workforce consists of the following
members—

Education Bill [HL]
Part 3 — Training the school workforce
44

(a)
persons who work in schools, and
(b)
persons not falling within paragraph (a) who are teachers or carry out
work that consists of or includes teaching.
76
Functions of Agency in relation to Wales
(1)
Subject to subsection (2), the functions of the Agency are exercisable in relation
5
to England and Wales generally.
(2)
The Agency must not do anything in relation to Wales unless—
(a)
the Agency have been requested to do so by the Assembly, and
(b)
the Agency have given the Assembly notice that they are willing to do
so.
10
(3)
Subsection (2) does not affect any function conferred on the Agency by section
94 or by regulations made under any of sections 132 to 140 of the Education Act
2002 (c. 32) (qualifications etc. of school teachers and persons providing further
education).
77
Membership etc. of Agency
15
(1)
The Agency is to consist of such number of members appointed by the
Secretary of State as the Secretary of State may determine, of whom one is to be
appointed as chairman.
(2)
Schedule 13 has effect with respect to the Agency.
78
Powers of Agency to provide financial support
20
(1)
The Agency may provide to any person such financial support as the Agency
think fit in furtherance of any of the objectives set out in section 75(2).
(2)
The persons to whom financial support may be provided include, in
particular—
(a)
members of the school workforce,
25
(b)
persons training to be members of the school workforce,
(c)
training providers, and
(d)
employers or prospective employers of members of the school
workforce.
(3)
In this Part “training provider” means a person who provides training for
30
members of the school workforce.
79
Forms of financial support under section 78
(1)
Financial support under section 78 may be given by way of grants, loans or
other payments.
(2)
Financial support under section 78 may be given subject to such terms and
35
conditions as the Agency think fit.
(3)
The terms and conditions on which the Agency may make any grants, loans or
other payments under section 78 may in particular—

Education Bill [HL]
Part 3 — Training the school workforce
45

(a)
enable the Agency to require the repayment, in whole or in part, of
sums paid by the Agency if any of the terms and conditions subject to
which the sums were paid is not complied with, and
(b)
require the payment of interest in respect of any period during which a
sum due to the Agency in accordance with any of the terms and
5
conditions remains unpaid.
(4)
The power of the Agency to impose conditions on the making of any grants,
loans or other payments under section 78 to a training provider includes in
particular power to impose conditions prohibiting, restricting or requiring the
charging of fees in connection with the provision by that training provider of
10
relevant training of any description specified in the condition.
(5)
Where—
(a)
a condition is imposed under subsection (4) in connection with any
grant, loan or other payment made to a training provider (“T1”), and
(b)
the grant, loan or other payment is to any extent made in respect of
15
persons undertaking relevant training which is provided in whole or
part by another training provider (“T2”),

then, for the purposes of the condition, fees payable by such persons to T2 are
to be regarded as fees charged by T1.
(6)
The terms and conditions on which the Agency make any grant, loan or other
20
payment under section 78 to a training provider must not relate to the
application by the training provider of any sums derived otherwise than from
the Agency, but this subsection does not affect the power to impose conditions
by virtue of subsection (4).
(7)
In exercising their functions under section 78 and this section the Agency must
25
have regard—
(a)
generally, to any forecast of demand for members of the school
workforce of a particular category that is notified to them by the
Secretary of State, and
(b)
in relation to financial support for any training provider, to any
30
assessment of the quality of the relevant training provided by that
person—
(i)
made by the Chief Inspector for England, or
(ii)
to which the Agency think it appropriate to have regard or to
which the Secretary of State directs them to have regard.
35
(8)
In this section “relevant training”, in relation to a training provider, means any
training provided by the training provider for members of the school
workforce.
80
Provisions supplementary to sections 78 and 79
(1)
In exercising their functions in relation to the provision of financial support,
40
the Agency must have regard to the desirability of not discouraging any
training provider for whose activities financial support is provided under this
Part from maintaining or developing its funding from other sources.
(2)
In exercising their functions in relation to the provision of financial support for
training providers the Agency must have regard (so far as the Agency think it
45
appropriate to do so in the light of any other relevant considerations) to the
desirability of maintaining what appears to the Agency to be an appropriate

Education Bill [HL]
Part 3 — Training the school workforce
46

balance in the support given by the Agency between institutions which are of
a denominational character and other training providers.
(3)
In exercising their functions the Agency must take such steps as appear to them
appropriate to secure that any person who provides any training funded by the
Agency makes available such information relating to the training, in such
5
manner and to such persons, as the Agency may require.
(4)
Subsection (1) does not affect the power by virtue of section 79(4) to impose
conditions prohibiting or restricting the charging of fees.
81
Grants to Agency by Secretary of State
(1)
The Secretary of State may make grants to the Agency of such amounts and
10
subject to such terms and conditions as he may determine.
(2)
Subsections (3) and (4) apply to the terms and conditions subject to which
grants are made by the Secretary of State to the Agency, so far as they relate to
the provision of financial support by the Agency to training providers.
(3)
The terms and conditions—
15
(a)
may in particular impose requirements to be complied with in respect
of every training provider, or every training provider falling within a
class or description specified in the terms and conditions, being
requirements to be complied with in the case of any training provider
to which the requirements apply before financial support of any
20
amount or description so specified is provided by the Agency in respect
of activities carried on by the training provider, but
(b)
must not otherwise relate to the provision of financial support by the
Agency in respect of activities carried on by any particular training
provider or training providers.
25
(4)
The terms and conditions may not be framed by reference to criteria for the
selection and appointment of staff and for the admission of students.
(5)
The terms and conditions subject to which any grants are made by the
Secretary of State to the Agency may in particular—
(a)
enable the Secretary of State to require the repayment, in whole or in
30
part, of sums paid by him if any of the terms and conditions subject to
which the sums were paid is not complied with, and
(b)
require the payment of interest in respect of any period during which a
sum due to the Secretary of State in accordance with any of the terms
and conditions remains unpaid.
35
82
Grants to Agency by Assembly
(1)
The Assembly may make grants to the Agency of such amounts and subject to
such terms and conditions as the Assembly may determine.
(2)
Subsections (3) and (4) apply to the terms and conditions subject to which
grants are made by the Assembly to the Agency, so far as they relate to the
40
provision of financial support by the Agency to training providers.
(3)
The terms and conditions—
(a)
may in particular impose requirements to be complied with in respect
of every training provider, or every training provider falling within a
class or description specified in the terms and conditions, being
45

Education Bill [HL]
Part 3 — Training the school workforce
47

requirements to be complied with in the case of any training provider
to which the requirements apply before financial support of any
amount or description so specified is provided by the Agency in respect
of activities carried on by the training provider,
(b)
may include a condition requiring the Agency to impose a specified
5
condition falling within subsection (4) of section 79 in relation to any
grants, loans or other payments made by the Agency under section 78
to a training provider specified by the Assembly in the condition under
subsection (1), or a training provider of a class so specified, but
(c)
may not otherwise relate to the provision of financial support by the
10
Agency in respect of activities carried on by any particular training
provider or training providers.
(4)
The terms and conditions may not be framed by reference to criteria for the
selection and appointment of staff and for the admission of students.
(5)
A condition imposed by virtue of subsection (3)(b) does not apply in relation
15
to grants, loans or other payments made by the Agency in respect of any course
which is a qualifying course for the purposes of section 28 of the Higher
Education Act 2004 (c. 8).
(6)
The terms and conditions subject to which any grants are made by the
Assembly to the Agency may in particular—
20
(a)
enable the Assembly to require the repayment, in whole or in part, of
sums paid by it if any of the terms and conditions subject to which the
sums were paid is not complied with, and
(b)
require the payment of interest in respect of any period during which a
sum due to the Assembly in accordance with any of the terms and
25
conditions remains unpaid.
83
Non-funding functions of Agency
(1)
The Agency may do anything which they think fit in furtherance of any of the
objectives set out in section 75(2).
(2)
The power conferred by this section includes power to provide information,
30
advice or other services to persons outside England and Wales.
(3)
The Agency may make such charges as they think fit for the provision under
this section to any person of information, advice or other services.
(4)
This section—
(a)
does not authorise the provision of financial support, and
35
(b)
is subject to paragraph 1(2) of Schedule 13.
84
Directions by Secretary of State and Assembly
(1)
In exercising their functions the Agency must comply with any directions
under this section.
(2)
The Secretary of State may give general directions to the Agency about the
40
exercise of their functions, except so far as those functions are exercisable in
relation to Wales.