Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 3 — Training the school workforce
53

Provision of training in schools
95
Power of maintained schools to provide training for the school workforce
(1)
The governing body of a maintained school may—
(a)
provide courses of initial or further training for school teachers,
(b)
provide courses of training for other members of the school workforce,
5
or
(c)
join in partnership with other training providers, or (alone or jointly
with other training providers) establish a body, for the purpose of
providing training falling within paragraph (a) or (b).
(2)
It is immaterial for the purposes of subsection (1) whether or not the training
10
constitutes higher education.
(3)
In relation to an exercise of the powers conferred by subsection (1), the
governing body has all the same supplementary and incidental powers as it
has in relation to the conduct of the school.
(4)
Any exercise by the governing body of a maintained school of the powers
15
conferred by this section is not to be treated, for the purposes of Chapter 4 of
Part 2 of the School Standards and Framework Act 1998 (c. 31) (financing of
maintained schools) as being undertaken for the purposes of the school.
(5)
Section 80 of the School Standards and Framework Act 1998 (exercise of power
to provide further education) does not apply in relation to any course of
20
training that is provided under this section.
(6)
Nothing in this section is to be read as affecting the power of the governing
body of a school, as an ordinary incident of the conduct of the school—
(a)
to provide training for members of the school workforce who work at
the school, or
25
(b)
to participate in the provision of training for members of the school
workforce as part of a course provided by another training provider.
Supplementary
96
Interpretation of references to training
(1)
References in this Part to training, in relation to teachers or other members of
30
the school workforce (including references to the provision of training “for”
teachers or other members of the school workforce), include—
(a)
any training or education with the object of fitting persons to be
teachers or other members of the school workforce, or to be better
teachers or other members of the school workforce, and
35
(b)
any assessment related to the award of any qualification or status as a
teacher or other member of the school workforce.
(2)
References elsewhere in the Education Acts to training, in relation to teachers,
include any training or education with a view to fitting persons to be teachers,
or better teachers.
40
97
Institutions of a denominational character
For the purposes of this Part an institution is of a denominational character if—

Education Bill [HL]
Part 3 — Training the school workforce
54

(a)
at least one quarter of the members of the governing body of the
institution, or in the case of a school at least one-fifth, are persons
appointed to represent the interests of a religion or religious
denomination, or
(b)
any of the property held for the purposes of the institution is held upon
5
trusts which provide that, in the event of the discontinuance of the
institution, the property concerned is to be held for, or sold and the
proceeds of sale applied for, the benefit of a religion or religious
denomination, or
(c)
any of the property held for the purposes of the institution is held on
10
trust for or in connection with—
(i)
the provision of education, or
(ii)
the conduct of an educational institution,

in accordance with the tenets of a religion or religious denomination.
98
Further amendments relating to Part 3
15
Schedule 14 contains amendments related to the preceding provisions of this
Part.
99
Transitional and transitory provisions relating to Part 3
Schedule 15 contains transitional and transitory provisions related to the
preceding provisions of this Part.
20
100
Interpretation of Part 3
(1)
In this Part—
“the Agency” means the Training and Development Agency for Schools;
“the Chief Inspector for England” means Her Majesty’s Chief Inspector of
Schools in England;
25
“the Chief Inspector for Wales” means Her Majesty’s Chief Inspector of
Education and Training in Wales;
“denominational character”, in relation to an institution, is to be read in
accordance with section 97;
“a funding agency” means the Agency or HEFCW;
30
“governing body”, in relation to an institution conducted by a company,
is to be read in accordance with an order under subsection (2);
“HEFCW” means the Higher Education Funding Council for Wales;
“maintained school” means—
(a)
a community, foundation or voluntary school,
35
(b)
a community or foundation special school, or
(c)
a maintained nursery school;
“the school workforce” and “member of the school workforce” are to be
read in accordance with section 75(5);
“training”, in relation to members of the school workforce, is to be read in
40
accordance with section 96(1);
“training provider” has the meaning given by section 78(3).
(2)
The Assembly may by order provide for references in sections 85 to 91 to the
governing body of an institution, in relation to an institution which is

Education Bill [HL]
Part 4 — Miscellaneous
55

conducted by a company, to be read as references to the governing body
provided for in the instrument of government, or to the company, or to both.
(3)
Other expressions, if used in this Part and the Education Act 1996 (c. 56), have
the same meaning in this Part as in that Act.
Part 4
5
Miscellaneous
Maintained schools
101
Funding of maintained schools
Schedule 16 contains amendments relating to the funding by local education
authorities of schools maintained by them.
10
102
LEA targets: England
(1)
The Secretary of State may by regulations require local education authorities in
England to set annual targets in respect of the educational performance—
(a)
of pupils at schools maintained by them, and
(b)
of any persons of compulsory school age (whether or not pupils at such
15
schools) who are or have been looked after by them.
(2)
Regulations under this section may in particular—
(a)
specify the matters in respect of which targets are required to be set,
(b)
require proposed targets to be notified to the Secretary of State by a
prescribed time,
20
(c)
authorise the Secretary of State—
(i)
to modify any proposed target notified to him, or
(ii)
to require a local education authority to modify the proposed
targets and to notify him of the proposed targets as modified,
(d)
require the targets to be set by a prescribed time,
25
(e)
require local education authorities to publish, in such manner as may
be specified in the regulations, any targets which they set.
(3)
In subsection (1), “looked after” is to be read in accordance with section 22 of
the Children Act 1989 (c. 41).
103
Removal of requirements for governors’ reports and parents’ meetings
30
(1)
In section 30 of the 2002 Act (governors’ report and other information)—
(a)
in subsections (1) and (2)(a), after “maintained school” insert “in
Wales”,
(b)
in subsections (3) and (4), after “maintained school” insert “(in England
or Wales)”, and
35
(c)
in the heading, insert “(Wales)” after “reports”.
(2)
In section 33 of the 2002 Act (annual parents’ meetings)—
(a)
in subsection (1), after “maintained school” insert “in Wales”, and
(b)
in the heading, after “meetings” insert “: Wales”.

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Part 4 — Miscellaneous
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(3)
The Assembly may by order—
(a)
repeal either or both of the following provisions of the 2002 Act—
(i)
section 30(1) and (2) (as amended by subsection (1)(a) of this
section), and
(ii)
section 33 (as amended by subsection (2) of this section), and
5
(b)
make such amendments of any other enactment as appear to the
Assembly to be necessary or expedient in consequence of any repeal
made by virtue of paragraph (a).
104
School profiles
After section 30 of the 2002 Act insert—
10
“30A
School profiles
(1)
The governing body of a maintained school in England shall prepare
and publish a document (a “school profile”) containing—
(a)
such information as the Secretary of State may provide to the
governing body for inclusion in the profile,
15
(b)
information provided by the governing body about such
matters relating to the school as the Secretary of State may
specify for the purposes of this paragraph, and
(c)
such other information about the school as may be prescribed
(which may include information to be provided by persons
20
other than the Secretary of State).
(2)
Regulations may—
(a)
specify the time by which the school profile must be published,
(b)
require the school profile to contain statements by the
governing body as to prescribed matters,
25
(c)
prescribe the form of the school profile and the manner in which
it is to be published,
(d)
require the governing body to give copies of the school profile
to such persons as may be prescribed, and
(e)
require the governing body to revise the school profile in
30
accordance with the regulations at prescribed times and to
publish the school profile as revised.
(3)
In exercising any function conferred by or under this section, a
governing body shall have regard to any guidance given from time to
time by the Secretary of State.”
35
105
Provision and funding of higher education in maintained schools
After section 28 of the 2002 Act insert—
“28A
Power of governing body to provide higher education
(1)
Subject to subsection (2), the governing body of a maintained school
shall have power to arrange the provision to pupils at the school
40
(whether by teachers at the school or other persons) of courses falling
within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act
1988 (courses in preparation for professional examinations at a higher
level or providing education at a higher level).

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Part 4 — Miscellaneous
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(2)
A governing body may exercise the power under subsection (1) in
relation to a particular pupil only if they are satisfied that the provision
to that pupil of the course in question will not to any significant extent
interfere with the other education with which he is being provided at
the school.
5
(3)
The National Assembly for Wales may give, or make arrangements for
the giving of, financial assistance to any person in connection with the
provision of courses mentioned in subsection (1) by the governing body
of a maintained school in Wales.
(4)
Sections 15 and 16 apply to financial assistance given under subsection
10
(3) as they apply to financial assistance given under section 14.
(5)
This section has effect notwithstanding section 1(4) of the Education
Act 1996 (functions not conferred with respect to higher education).”
106
Admission arrangements to make special provision for looked-after children
In section 89 of the School Standards and Framework Act 1998 (c. 31)
15
(procedure for determining admission arrangements) after subsection (1)
insert—
“(1A)
Regulations may require the admission authorities for maintained
schools to include in their admission arrangements such provision
relating to the admission of children who are looked after by a local
20
authority (within the meaning of section 22 of the Children Act 1989) as
may be prescribed, which may in particular include provision for
securing that, subject to sections 86(3) and (3A) and 87 (cases where
duty to comply with parental preference does not apply), such children
are to be offered admission in preference to other children.”
25
107
Restrictions on disposal of land
Schedule 17 contains amendments of Schedule 22 to the School Standards and
Framework Act 1998 (which makes provision as to the disposal of land held for
the purposes of foundation, voluntary or foundation special schools and as to
the property of maintained schools on their discontinuance).
30
Information
108
Supply of information: education maintenance allowances
(1)
This subsection applies to information which—
(a)
is held for the purposes of functions relating to tax or tax credits—
(i)
by the Commissioners of Inland Revenue, or
35
(ii)
by a person providing services to the Commissioners of Inland
Revenue, in connection with the provision of those services, or
(b)
is held for the purposes of functions relating to social security—
(i)
by the Secretary of State or a Northern Ireland department, or
(ii)
by a person providing services to the Secretary of State or such
40
a department, in connection with the provision of those
services.

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Part 4 — Miscellaneous
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(2)
Information to which subsection (1) applies may be supplied to a person falling
within subsection (3) for use for purposes relating to eligibility for education
maintenance allowances.
(3)
The following persons fall within this subsection—
(a)
the Secretary of State,
5
(b)
the Learning and Skills Council for England,
(c)
the Assembly,
(d)
a Northern Ireland department,
(e)
the Scottish Ministers, and
(f)
any person providing services to the Secretary of State, the Learning
10
and Skills Council for England, the Assembly, a Northern Ireland
department or the Scottish Ministers.
(4)
Information received by virtue of subsection (2) or this subsection by a person
other than the Scottish Ministers may be supplied to a person falling within
subsection (5) for use for purposes relating to eligibility for education
15
maintenance allowances.
(5)
The following persons fall within this subsection—
(a)
the Assembly,
(b)
a Northern Ireland department,
(c)
the Scottish Ministers,
20
(d)
any person by whom functions in relation to education maintenance
allowances falling within subsection (8)(a) are exercisable by virtue of
section 14 or 17 of the 2002 Act,
(e)
any person by whom functions under regulations under section 181 of
the 2002 Act are exercisable by virtue of section 183 or 184 of that Act,
25
and
(f)
any person providing services to the Assembly or a Northern Ireland
department.
(6)
A person other than the Scottish Ministers may, in making any request for the
supply to him of information by virtue of subsection (2) or (4), supply to any
30
person who holds, or is to be supplied with, the information—
(a)
the name, address and date of birth of any person to whom the request
relates (“the student”),
(b)
the name, address and date of birth of—
(i)
any parent of the student, or
35
(ii)
any other person whose financial circumstances are relevant to
the student’s eligibility for an education maintenance
allowance, and
(c)
any other information (whether relating to the student, any parent of
his or any person falling within paragraph (b)(ii)) which is required for
40
the purpose of determining the student’s eligibility for an education
maintenance allowance.
(7)
This section does not limit the circumstances in which information may be
supplied apart from this section.
(8)
In this section and section 109 “education maintenance allowance” means—
45
(a)
financial assistance under section 14 of the 2002 Act paid to or in respect
of a person who is over compulsory school age in connection with his
undertaking any course of education or training,

Education Bill [HL]
Part 4 — Miscellaneous
59

(b)
an allowance under section 181 of the 2002 Act,
(c)
an award under Article 51(1)(b) of the Education and Libraries
(Northern Ireland) Order 1986 (No. 594/NI 3) paid to or in respect of a
person who is over compulsory school age (within the meaning of that
Order) in connection with his undertaking any course of education or
5
training,
(d)
an allowance under section 73(f) of the Education (Scotland) Act 1980
(c. 44) paid to or in respect of a relevant person attending a course of
education, other than higher education, or
(e)
financial assistance provided under section 12(2)(c) of the Further and
10
Higher Education (Scotland) Act 1992 (c. 37).
(9)
In subsection (8)(d)—
“higher education” has the same meaning as in Part 2 of the Further and
Higher Education (Scotland) Act 1992;
“relevant person” means a person who—
15
(a)
is deemed to have attained the age of 16 years under section 33
of the Education (Scotland) Act 1980, and
(b)
has not, on the first day of the term of the course of education,
attained the age of 20 years.
109
Unauthorised disclosure of information received under section 108
20
(1)
A person (“X”) who discloses information which he has received by virtue of
subsection (2) or (4) of section 108 and which relates to a particular person
commits an offence unless the information is disclosed—
(a)
in accordance with subsection (4) of that section,
(b)
in the course of any duty X has in connection with the exercise of
25
functions relating to eligibility for education maintenance allowances,
(c)
in accordance with an enactment or an order of a court,
(d)
for the purpose of instituting, or otherwise for the purposes of, civil or
criminal proceedings, or
(e)
with consent given by or on behalf of the person to whom the
30
information relates.
(2)
It is a defence for a person charged with an offence under subsection (1) to
prove that he reasonably believed that his disclosure was lawful.
(3)
A person guilty of an offence under subsection (1) is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
35
two years, to a fine or to both;
(b)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months, to a fine not exceeding the statutory
maximum or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
40
imprisonment for a term not exceeding 6 months, to a fine not
exceeding the statutory maximum or to both.
(4)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(b) to 12
months is to be read as a reference to 6 months.
45
(5)
The reference in subsection (1)(c) to an enactment includes a reference to an
enactment comprised in, or in an instrument made under—