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Education Bill [HL]


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

48

 

(3)   

The Assembly may give general directions to the Agency about the exercise of

their functions, so far as those functions are exercisable in relation to Wales in

accordance with section 76.

(4)   

Directions under this section are to be contained in an order made by the

Secretary of State or the Assembly.

5

Funding of teacher training by Higher Education Funding Council for Wales

85      

Qualifying activities and eligible institutions in relation to HEFCW funding

(1)   

The Higher Education Funding Council for Wales (in this Part referred to as

“HEFCW”) are responsible for administering funds made available to them by

the Assembly and others for the purpose of providing financial support for the

10

carrying on by eligible institutions of qualifying activities.

(2)   

The activities qualifying for funding by HEFCW under this Part (“qualifying

activities”) are—

(a)   

the provision of teacher training,

(b)   

the provision of facilities, and the carrying on of other activities, by

15

eligible institutions which the governing bodies of those institutions

consider it necessary or desirable to provide or carry on for the

purposes of or in connection with activities within paragraph (a), and

(c)   

the provision by any person of services for the purposes of, or in

connection with, such activities.

20

(3)   

The institutions eligible for funding by HEFCW under this Part (“eligible

institutions”) are—

(a)   

any institution in Wales within the higher or further education sector,

(b)   

the Open University,

(c)   

any school in Wales, and

25

(d)   

and other institution or body in Wales designated by order of the

Assembly,

and any partnership or association of eligible institutions, or body established

by one or more such institutions, for the purpose of carrying on qualifying

activities.

30

(4)   

For the purposes of subsection (3), an institution or body is in Wales if its

activities are carried on, or principally carried on, in Wales.

(5)   

In sections 86 to 91

(a)   

“qualifying activities” is to be read in accordance with subsection (2);

(b)   

“eligible institution” is to be read in accordance with subsection (3).

35

86      

Grants, loans and other payments by HEFCW

(1)   

HEFCW may—

(a)   

make grants, loans or other payments in respect of expenditure

incurred or to be incurred by the governing body of an eligible

institution for the purposes of activities qualifying for funding by

40

HEFCW under this Part by virtue of section 85(2)(a) or (b), and

 
 

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

49

 

(b)   

make grants, loans or other payments in respect of expenditure

incurred or to be incurred for the purposes of the provision of services

as mentioned in section 85(2)(c),

   

subject in each case to such terms and conditions as HEFCW think fit.

(2)   

The terms and conditions on which HEFCW may make any grants, loans or

5

other payments under this section may in particular—

(a)   

enable HEFCW to require the repayment, in whole or in part, of sums

paid by HEFCW 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

10

sum due to HEFCW in accordance with any of the terms and conditions

remains unpaid.

(3)   

The power of HEFCW to impose conditions on the making of any grants, loans

or other payments under this section to an eligible institution includes in

particular power to impose conditions prohibiting, restricting or requiring the

15

charging of fees in connection with the carrying out by that institution of

qualifying activities.

(4)   

Where—

(a)   

a condition is imposed under subsection (3) in connection with any

grant, loan or other payment to an eligible institution, and

20

(b)   

the grant, loan or other payment is to any extent made in respect of

persons undertaking training which is provided in whole or in part by

another training provider,

   

then, for the purposes of the condition, fees payable by such persons to the

other training provider are to be regarded as fees charged by the eligible

25

institution.

(5)   

The terms and conditions must not relate to the application of any sums

derived otherwise than from HEFCW, but this subsection does not affect the

power to impose conditions by virtue of subsection (3).

(6)   

In exercising their functions under this section HEFCW must have regard—

30

(a)   

generally, to any forecast of demand for newly-qualified teachers that

is notified to them by the Assembly, and

(b)   

in relation to any particular institution, to any assessment of the quality

of the teacher training provided by that institution—

(i)   

made by the Chief Inspector for Wales, or

35

(ii)   

to which HEFCW think it appropriate to have regard or to

which the Assembly directs them to have regard.

87      

Provisions supplementary to section 86

(1)   

In exercising their functions in relation to the provision of financial support for

qualifying activities, HEFCW must have regard to the desirability of not

40

discouraging any institution for whose activities financial support is provided

under this Part from maintaining or developing its funding from other sources.

(2)   

Before exercising their discretion under section 86(1)(a) or (b) with respect to

the terms and conditions to be imposed in relation to any grants, loans or other

payments, HEFCW must consult such of the following bodies as appear to

45

them to be appropriate to consult in the circumstances—

 
 

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

50

 

(a)   

such bodies representing the interests of eligible institutions as appear

to HEFCW to be concerned, and

(b)   

the governing body of any particular eligible institution which appears

to HEFCW to be concerned.

(3)   

In exercising their functions in relation to the provision of financial support for

5

qualifying activities HEFCW must have regard (so far at they think it relevant

to do so in the light of any other relevant considerations) to the desirability of

maintaining—

(a)   

what appears to them to be an appropriate balance in the support given

to them as between institutions which are of a denominational

10

character and other institutions, and

(b)   

any distinctive characteristics of any eligible institution for whose

activities financial support is provided under this Part.

(4)   

In exercising their functions HEFCW must take such steps as appear to them

appropriate to secure that the governing body of any institution which

15

provides a course of initial teacher training funded by HEFCW makes available

such information relating to the course, in such manner and to such persons, as

HEFCW may require.

(5)   

Subsection (1) does not affect the power by virtue of section 86(3) to impose

conditions prohibiting or restricting the charging of fees.

20

88      

Grants to HEFCW

(1)   

The Assembly may make grants to HEFCW of such amounts and subject to

such conditions as the Assembly may determine.

(2)   

The terms and conditions subject to which grants are made by the Assembly to

HEFCW under this section—

25

(a)   

may in particular impose requirements to be complied with in respect

of every institution, or every institution falling within a class or

description specified in the terms and conditions, being requirements

to be complied with in the case of any institution to which the

requirements apply before financial support of any amount or

30

description so specified is provided by HEFCW in respect of activities

carried on by the institution, but

(b)   

may not otherwise relate to the provision of financial support by

HEFCW in respect of activities carried on by any particular institution

or institutions.

35

(3)   

Such terms and conditions may not be framed by reference to criteria for the

selection and appointment of staff and for the admission of students.

(4)   

Such terms and conditions may in particular—

(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

40

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

conditions remains unpaid.

(5)   

Section 68 of the Further and Higher Education Act 1992 (c. 13) does not apply

45

in relation to grants made to HEFCW under this section.

 
 

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

51

 

89      

Power of HEFCW to carry out or commission research

HEFCW may carry out or commission such research as they consider

appropriate with a view to improving—

(a)   

the training of teachers, or

(b)   

the standards of teaching.

5

90      

Supplementary and ancillary functions of HEFCW

(1)   

The Assembly may by order confer or impose on HEFCW such functions

supplementary to their functions under this Part as the Assembly thinks fit.

(2)   

For the purposes of subsection (1) a function is a supplementary function in

relation to HEFCW if—

10

(a)   

it is exercisable for the purposes of the exercise by the Assembly of

functions of the Assembly under any enactment, and

(b)   

it relates to, or to the activities of, an eligible institution.

(3)   

Before making an order under subsection (1) the Assembly must carry out such

consultation as appears to it to be appropriate.

15

(4)   

HEFCW may carry out such activities ancillary to their functions under this

Part as the Assembly may direct.

91      

Directions by Assembly

(1)   

In exercising their functions under this Part HEFCW must comply with any

directions under this section.

20

(2)   

The Assembly may give general directions to HEFCW about the exercise of

their functions.

(3)   

If it appears to the Assembly that the financial affairs of an eligible institution

have been or are being mismanaged the Assembly may, after consulting

HEFCW and the institution, give such directions to HEFCW about the

25

provision of financial support in respect of the activities carried on by the

institution as the Assembly considers necessary or expedient by reason of the

mismanagement.

(4)   

Directions under this section are to be contained in an order made by the

Assembly.

30

Common provisions

92      

Joint exercise of functions

(1)   

A funding agency and any other relevant funding body may exercise any of

their functions jointly.

(2)   

In subsection (1) “other relevant funding body” means the other funding

35

agency, the Higher Education Funding Council for England, the Learning and

Skills Council for England or the National Council for Education and Training

for Wales.

(3)   

The Agency and any body specified in an order made by the Secretary of State

for the purposes of this subsection may exercise their functions jointly.

40

 
 

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

52

 

(4)   

The Assembly may by order authorise HEFCW to exercise their functions

under this Part jointly with a body specified in the order, and the specified

body to exercise its functions jointly with HEFCW.

93      

Efficiency studies

(1)   

A funding agency may arrange for the promotion or the carrying out by any

5

person of studies designed to improve economy, efficiency and effectiveness in

the management or operations of a qualifying person.

(2)   

A person promoting or carrying out such studies at the request of a funding

agency may require the qualifying person concerned—

(a)   

to provide him, or a person authorised by him, with such information,

10

and

(b)   

to make available to him, or a person authorised by him, for inspection

their accounts and such other documents,

   

as he may reasonably require for that purpose.

(3)   

In this section “qualifying person” means—

15

(a)   

a training provider receiving financial support under this Part from the

Agency, or

(b)   

the governing body of an eligible institution, as defined by section

85(3), receiving financial support under this Part from HEFCW.

94      

Duty to provide information

20

(1)   

The Agency—

(a)   

must provide the Secretary of State (in such manner as he may from

time to time determine) with such information or advice relating to

matters for which they are responsible as he may from time to time

require, and

25

(b)   

may provide the Secretary of State with such information or advice

relating to such matters as they think fit.

(2)   

The Agency must provide the Assembly (in such manner as the Assembly may

from time to time determine) with such information or advice relating to

matters for which the Agency are responsible by virtue of section 76(2) or by

30

virtue of regulations made by the Assembly under any of sections 132 to 140 of

the Education Act 2002 as the Assembly may from time to time require.

(3)   

The Agency may provide the Assembly with such information or advice

relating to other matters as the Agency think fit.

(4)   

The Agency and HEFCW must give each other such information as they may

35

require for the purposes of the exercise of their functions under any enactment.

(5)   

The following must give the Agency or HEFCW such information as they may

require for the purpose of the exercise of their functions under any

enactment—

(a)   

any person receiving, or who has received or applied for, any grant,

40

loan or other payment under this Part;

(b)   

any local education authority.

 
 

 
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