|
| |
|
(a) | an Act of the Scottish Parliament, or |
| |
(b) | any Northern Ireland legislation as defined in section 24(5) of the |
| |
Interpretation Act 1978 (c. 30). |
| |
110 | Supply of information: free school lunches etc. |
| |
(1) | This subsection applies to information held for the purposes of functions |
| 5 |
| |
(a) | by the Commissioners of Inland Revenue, or |
| |
(b) | by a person providing services to them, in connection with the |
| |
provision of those services. |
| |
(2) | This subsection applies to information held for the purposes of functions |
| 10 |
relating to social security— |
| |
(a) | by the Secretary of State, or |
| |
(b) | by a person providing services to him, in connection with the provision |
| |
| |
(3) | Information to which subsection (1) or (2) applies may be supplied— |
| 15 |
(a) | to the Secretary of State, or any person providing services to him, or |
| |
(b) | to the Assembly, or any person providing services to the Assembly, |
| |
| for use for the purpose of determining eligibility for free school lunches and |
| |
| |
(4) | Information to which subsection (2) applies may be supplied to a local |
| 20 |
education authority for use for that purpose. |
| |
(5) | Information received by virtue of subsection (3) may be supplied— |
| |
(a) | to another person to whom it could have been supplied under that |
| |
| |
(b) | to a local education authority, |
| 25 |
| for use for that purpose. |
| |
(6) | The references in subsections (4) and (5)(b) to a local education authority |
| |
include references to any person exercising on behalf of such an authority |
| |
functions relating to eligibility for free school lunches and milk. |
| |
(7) | For the purposes of this section, a person is eligible for free school lunches and |
| 30 |
milk if school lunches and milk are required to be provided for him, on request, |
| |
| |
(a) | in accordance with section 512ZB(2) and (3) of the Education Act 1996 |
| |
| |
(b) | in accordance with regulations under section 342 of that Act (non- |
| 35 |
maintained special schools), or |
| |
(c) | in accordance with an agreement under section 482 of that Act |
| |
| |
(8) | In this section, “school lunch” has the same meaning as in section 512 of the |
| |
| 40 |
(9) | This section does not limit the circumstances in which information may be |
| |
supplied apart from this section. |
| |
|
| |
|
| |
|
111 | Unauthorised disclosure of information received under section 110 |
| |
(1) | A person (“X”) who discloses information which he has received by virtue of |
| |
any of subsections (3) to (5) of section 110 and which relates to a particular |
| |
person commits an offence unless the information is disclosed— |
| |
(a) | in the case of information received by virtue of subsection (3) of that |
| 5 |
section, in accordance with subsection (5) of that section, |
| |
(b) | in the course of any duty X has in connection with the exercise of |
| |
functions relating to eligibility for free school lunches and milk, |
| |
(c) | in accordance with an enactment or an order of a court, or |
| |
(d) | with consent given by or on behalf of the person to whom the |
| 10 |
| |
(2) | In subsection (1)(b), “eligibility for free school lunches and milk” is to be read |
| |
in accordance with section 110(7). |
| |
(3) | 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. |
| 15 |
(4) | A person guilty of an offence under subsection (1) is liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years, to a fine or to both, or |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding 12 |
| |
months, to a fine not exceeding the statutory maximum or to both. |
| 20 |
(5) | 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 (4)(b) to 12 |
| |
months is to be read as a reference to 6 months. |
| |
112 | Power to provide that function of determining eligibility remains with LEA |
| |
In section 512A of the Education Act 1996 (c. 56) (transfer of functions under |
| 25 |
section 512 of that Act to governing bodies), in subsection (4) for paragraph (b) |
| |
| |
“(b) | if the duty corresponds to the one mentioned in subsection |
| |
| |
(i) | the order may provide that, notwithstanding the other |
| 30 |
provisions of the order, the function of determining |
| |
whether pupils at the school fall within section 512ZB(4) |
| |
is to be exercisable by the local education authority, and |
| |
(ii) | section 533(3) shall not apply to school lunches or milk |
| |
provided by the governing body in pursuance of the |
| 35 |
| |
113 | Information about the school workforce: introductory |
| |
(1) | Subsections (2) and (3) apply for the purposes of section 114. |
| |
(2) | “Qualifying worker” means any person who— |
| |
(a) | is employed at, or otherwise engaged to work at, a school, |
| 40 |
(b) | does not fall within paragraph (a) but provides, or assists in the |
| |
provision of, education under a contract of employment or for services |
| |
where the other party to the contract is— |
| |
(i) | a children’s services authority in England or Wales, or |
| |
|
| |
|
| |
|
(ii) | a person exercising a function relating to the provision of |
| |
education on behalf of such an authority, or |
| |
(c) | provides education at a further education institution. |
| |
(3) | “Qualifying trainee” means a person (other than a qualifying worker as |
| |
defined in subsection (2)) for whom training as a member of the school |
| 5 |
workforce is being provided. |
| |
| |
“contract of employment” has the meaning given by section 230(2) of the |
| |
Employment Rights Act 1996 (c. 18); |
| |
“further education institution” means an institution which is— |
| 10 |
(a) | an institution (other than a school) which provides further |
| |
| |
(b) | an institution within the further education sector; |
| |
“member of the school workforce” has the same meaning as in Part 3. |
| |
(5) | In this section and section 114, “children’s services authority in England” and |
| 15 |
“children’s services authority in Wales” have the same meaning as in the |
| |
Children Act 2004 (c. 31). |
| |
114 | Supply of information about school workforce |
| |
(1) | Regulations may authorise or require— |
| |
(a) | the proprietor of a school, |
| 20 |
(b) | a children’s services authority in England or Wales, or |
| |
(c) | any prescribed person, |
| |
| to supply to the relevant person (as defined by subsection (2)) prescribed |
| |
information relating to persons who are or have been qualifying workers or |
| |
qualifying trainees, for use by the relevant person for a qualifying purpose. |
| 25 |
(2) | In subsection (1) “the relevant person” means one or more of the following— |
| |
(a) | the Secretary of State, |
| |
| |
(c) | any prescribed person. |
| |
(3) | Regulations may authorise the Secretary of State or the Assembly to supply to |
| 30 |
the other or to any prescribed person, for use for a qualifying purpose, |
| |
prescribed information relating to persons who are or have been qualifying |
| |
workers or qualifying trainees. |
| |
(4) | A person may not be prescribed for the purposes of subsection (1)(c), (2)(c) or |
| |
| 35 |
(a) | in the case of subsection (1)(c) or (2)(c), he appears to the person making |
| |
the regulations to be exercising functions of a public nature, or |
| |
(b) | in the case of subsection (3), he appears to the person making the |
| |
regulations to be exercising such functions or carrying out research |
| |
which relates to education or training and may be expected to be of |
| 40 |
| |
(5) | For the purposes of this section, information is supplied to a person for use for |
| |
a qualifying purpose if it is supplied to him for use for— |
| |
(a) | evaluation, planning, research or statistical purposes, or |
| |
(b) | any other prescribed purpose. |
| 45 |
|
| |
|
| |
|
(6) | Regulations may authorise a person falling within subsection (7) to supply to |
| |
any prescribed person (“the recipient”) any information relating to persons |
| |
who are or have been qualifying workers or qualifying trainees which— |
| |
(a) | has been lawfully held by the recipient, or |
| |
(b) | is information which another person was, or could have been, required |
| 5 |
(whether by virtue of regulations under this section or otherwise) to |
| |
| |
(7) | The following persons fall within this subsection— |
| |
(a) | the Secretary of State, |
| |
| 10 |
(c) | any prescribed person. |
| |
| |
(a) | prohibit any person to whom information is supplied by virtue of this |
| |
section from further disclosing the information otherwise than in |
| |
prescribed circumstances, and |
| 15 |
(b) | provide that section 497 of the Education Act 1996 (c. 56) (default |
| |
powers of Secretary of State or Assembly) is, in relation to the duties |
| |
imposed by virtue of this section, to have effect as if— |
| |
(i) | the reference in subsection (2)(a) of that section to a local |
| |
education authority were a reference to a children’s services |
| 20 |
authority in England or Wales, and |
| |
(ii) | any reference to a body to which that section applies included a |
| |
reference to a prescribed person. |
| |
(9) | This section does not limit the circumstances in which information is |
| |
authorised or required to be supplied apart from this section. |
| 25 |
| |
“prescribed” means prescribed by regulations; |
| |
| |
(a) | in relation to England, regulations made by the Secretary of |
| |
| 30 |
(b) | in relation to Wales, regulations made by the Assembly. |
| |
Attendance at alternative educational provision |
| |
115 | Power of governing body to make alternative provision for excluded pupils |
| |
In section 29 of the 2002 Act (additional functions of governing body), in |
| |
subsection (3) (power to require pupils to attend at other places for purpose of |
| 35 |
education) for “pupils in attendance at the school” substitute “registered |
| |
| |
116 | Failure of parent to secure regular attendance of child at alternative provision |
| |
After section 444 of the Education Act 1996 insert— |
| |
“444ZA | Application of section 444 to alternative educational provision |
| 40 |
(1) | Where, in the case of a child of compulsory school age who is not a |
| |
registered pupil at any school— |
| |
|
| |
|
| |
|
(a) | a local education authority has made arrangements under |
| |
section 19 for the provision of education for him otherwise than |
| |
at a school or at his home, and |
| |
(b) | notice in writing of the arrangements has been given to the |
| |
| 5 |
subsections (1) to (7) of section 444 have effect as if the place at which |
| |
the education is provided were a school and the child were a registered |
| |
| |
| |
(a) | a child of compulsory school age has been excluded from a |
| 10 |
| |
(b) | he remains for the time being a registered pupil at the school, |
| |
(c) | he is required by the appropriate authority for the school to |
| |
attend at a place outside the school premises for the purpose of |
| |
receiving any instruction or training, and |
| 15 |
(d) | notice in writing of the requirement has been given to the |
| |
| |
| subsections (1) to (7) of section 444 have effect as if the place at which |
| |
the child is required to attend were a school and the child were a |
| |
registered pupil at that school (and not at the school mentioned in |
| 20 |
| |
(3) | In relation to a maintained school or a pupil referral unit— |
| |
(a) | the reference in subsection (2)(a) to exclusion is a reference to |
| |
exclusion under section 52 of the Education Act 2002, and |
| |
(b) | the requirement referred to in subsection (2)(c) is a requirement |
| 25 |
imposed under section 29(3) of that Act. |
| |
(4) | A child shall not be taken to have failed to attend regularly— |
| |
(a) | in a case falling within subsection (1), at the place at which |
| |
education is provided for him, or |
| |
(b) | in a case falling within subsection (2), at the place at which he is |
| 30 |
| |
unless he has failed to attend regularly since the giving of the notice |
| |
mentioned in subsection (1)(b) or (2)(d). |
| |
(5) | Section 572, which provides for the methods by which notices may be |
| |
served under this Act, does not preclude the notice mentioned in |
| 35 |
subsection (1)(b) or (2)(d) from being given to a child’s parent by any |
| |
| |
(6) | In proceedings for an offence under section 444 in a case falling within |
| |
subsection (1) of this section, the parent shall be acquitted if he proves |
| |
that the child is receiving suitable education otherwise than by regular |
| 40 |
attendance at a school or at the place mentioned in subsection (1). |
| |
(7) | In section 444 “leave”— |
| |
(a) | in relation to a place at which education is provided as |
| |
mentioned in subsection (1) of this section, means leave granted |
| |
by any person authorised to do so by the local education |
| 45 |
| |
(b) | in relation to a place at which a child is required to attend as |
| |
mentioned in subsection (2)(c) of this section, means leave |
| |
|
| |
|
| |
|
granted by any person authorised to do so by the appropriate |
| |
authority for the school. |
| |
| |
(a) | “relevant school” means— |
| |
| 5 |
(ii) | a pupil referral unit, |
| |
| |
(iv) | a city technology college, or |
| |
(v) | a city college for the technology of the arts; |
| |
(b) | “appropriate authority” means— |
| 10 |
(i) | in relation to a maintained school, the governing body, |
| |
(ii) | in relation to a pupil referral unit, the local education |
| |
| |
(iii) | in relation to a school falling within paragraph (a)(iii), |
| |
(iv) or (v), the proprietor of the school.” |
| 15 |
| |
117 | Further amendments relating to Part 4 |
| |
Schedule 18 contains further amendments related to the provisions of this Part. |
| |
118 | Meaning of “the 2002 Act” in Part 4 |
| |
In this Part “the 2002 Act” means the Education Act 2002 (c. 32). |
| 20 |
| |
| |
119 | Functions to be exercisable by National Assembly for Wales |
| |
(1) | Any function conferred on the Secretary of State by the amendments made by |
| |
the provisions mentioned in subsection (2), so far as exercisable in relation to |
| 25 |
Wales, is to be taken to have been transferred to the Assembly by an Order in |
| |
Council under section 22 of the Government of Wales Act 1998 (c. 38). |
| |
(2) | Those provisions are— |
| |
section 45 (power to direct closure of school); |
| |
section 70 (proposals for discontinuance of rural primary school); |
| 30 |
section 71 (proposals relating to maintained special school); |
| |
section 106 (admission arrangements to make special provision for |
| |
| |
Schedule 7 (inspection of child minding, day care and nursery education); |
| |
Schedule 16 (funding of maintained schools); |
| 35 |
Schedule 17 (restrictions on disposal of land); |
| |
Schedule 18 (further amendments related to Part 4). |
| |
|
| |
|