Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 9 — Miscellaneous
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(c)
make such provision as appears to him to be appropriate in
consequence of or in connection with any provision made by virtue of
paragraph (a) or (b), or of both those paragraphs.
(2)
An order under subsection (1) may make provision modifying any enactment
whenever passed or made (including this Act), and may, in particular, make
5
provision—
(a)
modifying references (however expressed) in any statutory provision
to the functions of a local education authority, or the functions of a local
authority (however defined) in its capacity as a local education
authority, where the references wholly or partly relate to a local
10
education authority in England or a local education authority in Wales;
(b)
modifying statutory provisions which consist of or include provision
requiring or authorising consultation, co-operation, communication or
other action between a local education authority in England and an
English local authority or between a local education authority in Wales
15
and a Welsh local authority;
(c)
modifying statutory provisions which consist of or include provision
imposing a duty on a local education authority in England or on a local
education authority in Wales where the duty imposed is similar to a
duty imposed by that or any other statutory provision on, as the case
20
may be, an English local authority or a Welsh local authority;
(d)
modifying statutory provisions which consist of or include provision
imposing a duty on an English local authority or on a Welsh local
authority where the duty imposed is similar to a duty imposed by that
or any other statutory provision on, as the case may be, a local
25
education authority in England or a local education authority in Wales;
(e)
repealing statutory provisions which are spent or have ceased to be of
any practical utility.
(3)
The following powers to make provision by order under subsection (1) are
exercisable by the Assembly as well as by the Secretary of State—
30
(a)
the power to make provision under paragraph (a) of that subsection in
relation to any reference in any statutory provision to a local education
authority (however expressed) in so far as it relates to such an authority
in Wales,
(b)
the power to make provision under paragraph (b) of that subsection in
35
relation to any reference in any statutory provision to a children’s
services authority (however expressed) in so far as it relates to a
children’s services authority in Wales, and
(c)
the power to make provision under paragraph (c) of that subsection in
consequence of or in connection with any provision made by virtue of
40
the powers under paragraph (a) or (b) of that subsection mentioned in
paragraph (a) or (b) above, or by virtue of both those powers.
(4)
The Secretary of State must not make an order under subsection (1), except
with the consent of the Assembly, which contains provision made wholly or
partly by virtue of any of the powers to make provision under that subsection
45
mentioned in any of paragraphs (a) to (c) of subsection (3).
(5)
An order under subsection (1) may make provision which is within the
legislative competence of the Scottish Parliament only in consequence of
provision made under such an order which is outside that competence.
(6)
In this section—
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Education and Inspections Bill
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“children’s services authority in England” and “children’s services
authority in Wales” have the same meaning as in the Children Act 2004
(c. 31);
“English local authority” means—
(a)
a county council in England,
5
(b)
a metropolitan district council,
(c)
a non-metropolitan district council for an area for which there is
no county council,
(d)
a London borough council,
(e)
the Common Council of the City of London, or
10
(f)
the Council of the Isles of Scilly;
“modify” includes amend or repeal;
“statutory provision” means—
(a)
any provision of this or any other Act, including any Act passed
after this Act, and
15
(b)
any provision of subordinate legislation, including any such
legislation made under, or after the passing of, this Act;
“Welsh local authority” means a county council or county borough
council in Wales.
Other miscellaneous provisions
20
153
Provision of advice by adjudicator
In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—
“(3A)
When asked to do so by the Secretary of State, an adjudicator must give
advice to the Secretary of State on such matters relating to the
admission of pupils to relevant schools as the Secretary of State may
25
specify.
(3B)
The adjudicator may, for the purposes of providing such advice to the
Secretary of State, request any of the following persons to provide him
with such information held by them as the adjudicator may specify—
(a)
the admission authority (within the meaning of Chapter 1 of
30
Part 3) of a community, foundation or voluntary school;
(b)
the proprietor of any other relevant school.
(3C)
A person so requested by the adjudicator to provide information must
comply with the request.
(3D)
In subsections (3A) and (3B), “relevant school” means a school in
35
England falling within any of paragraphs (a) to (f) of section 5(2) of the
Education Act 2005.”
154
Information about children receiving funded education outside school
After section 537A of EA 1996 (provision of information about individual

Education and Inspections Bill
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pupils) insert—
“537B
Provision of information about children receiving funded education
outside school
(1)
Regulations may make provision requiring a person who provides
funded education to provide to the relevant person such individual
5
child information as may be prescribed.
(2)
In subsection (1), “the relevant person” means one or more of the
following—
(a)
the Secretary of State, and
(b)
any prescribed person.
10
(3)
Where any person within paragraph (b) of subsection (2) receives
information by virtue of subsection (1), the Secretary of State may
require that person to provide any such information—
(a)
to him, or
(b)
to any prescribed person.
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(4)
The Secretary of State may provide any individual child information—
(a)
to any information collator,
(b)
to any prescribed person, or
(c)
to any person falling within a prescribed category.
(5)
Any information collator—
20
(a)
may provide any individual child information—
(i)
to the Secretary of State,
(ii)
to any other information collator, or
(iii)
to the person who provides the funded education for the
child or children to whom the information relates, and
25
(b)
may, at such times as the Secretary of State may determine,
provide such individual child information as may be
prescribed—
(i)
to any prescribed person, or
(ii)
to any person falling within a prescribed category.
30
(6)
Any person holding any individual child information (other than the
Secretary of State or an information collator) may provide that
information to—
(a)
the Secretary of State,
(b)
any information collator, or
35
(c)
any prescribed person.
(7)
No information received under or by virtue of this section shall be
published in any form which includes the name of the child or children
to whom it relates.
(8)
Regulations under this section may provide that, in such circumstances
40
as may be prescribed, the provision of information to a person other
than the Secretary of State is to be treated, for the purposes of any
provision of such regulations or this section, as compliance with any
requirement imposed by or by virtue of any such provision and relating
to the provision of information to the Secretary of State.
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(9)
In this section—

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“child” means a person under the age of 19;
“funded education” means education provided under
arrangements made by a local education authority in pursuance
of the duties imposed by section 19(1) and (4) (duty to make
special arrangements for provision of education for children of
5
compulsory school age and young persons who may otherwise
not receive suitable education), other than such education
provided at a school;
“individual child information” means information relating to and
identifying individual children for whom funded education is
10
being or has been provided, whether obtained under subsection
(1) or otherwise;
“information collator” means any body which, for the purposes of
or in connection with the functions of the Secretary of State
relating to funded education, is responsible for collating or
15
checking information relating to children for whom such
education is provided.”
155
Collaboration arrangements: maintained schools and further education
bodies
(1)
Regulations may enable—
20
(a)
the governing body of a maintained school, whether alone or together
with other such governing bodies, to make collaboration arrangements
with one or more further education bodies;
(b)
a further education body, whether alone or together with other further
education bodies, to make collaboration arrangements with the
25
governing body of a maintained school or the governing bodies of two
or more such schools;
(c)
a further education body to make collaboration arrangements with one
or more further education bodies.
(2)
“Collaboration arrangements” are arrangements for any of the functions of any
30
of the bodies who make the arrangements (“the collaborating bodies”) to be
discharged jointly or by a joint committee of those bodies.
(3)
Regulations may make provision as to—
(a)
the establishment by the collaborating bodies of a joint committee of
those bodies for the purposes of discharging any functions in
35
pursuance of collaboration arrangements made by them (“a joint
committee”);
(b)
the appointment of persons to serve on a joint committee (including
provision as to the restrictions or other requirements relating to any
such appointments) and their removal from office;
40
(c)
the appointment of a clerk to a joint committee (including provision as
to the restrictions or other requirements relating to any such
appointment) and his removal from office;
(d)
the appointment by a joint committee of one of their number to act as
clerk for the purposes of a meeting where the clerk fails to attend;
45
(e)
rights of persons to attend meetings of a joint committee;
(f)
restrictions on persons taking part in proceedings of a joint committee;
(g)
other matters relating to the constitution or procedure of a joint
committee.

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(4)
Regulations may make provision as to—
(a)
the functions of collaborating bodies which may or may not be
discharged jointly, or by a joint committee, in pursuance of
collaboration arrangements;
(b)
the manner in which such functions are to be discharged jointly, or by
5
a joint committee, in pursuance of collaboration arrangements;
(c)
any other matters which are relevant to the discharge of functions by
the collaborating bodies jointly, or as the case may be, by a joint
committee in pursuance of such arrangements.
(5)
Regulations may provide that any enactment relating to—
10
(a)
the functions of the collaborating bodies which are to be discharged in
pursuance of collaboration arrangements, or
(b)
the governing bodies, or as the case may be the further education
bodies, by whom those functions are to be discharged,

is to have effect subject to all necessary modifications in its application in
15
relation to those functions and the bodies by whom they are to be discharged.
(6)
In this section—
“further education body” means—
(a)
a further education corporation (as defined by section 17(1) of
the Further and Higher Education Act 1992 (c. 13)), or
20
(b)
the governing body of a designated institution (as defined by
section 28(4) of that Act) which is a body incorporated by virtue
of section 143(4) of the Learning and Skills Act 2000 (c. 21);
“maintained school” means a community, foundation or voluntary
school, a community or foundation special school or a maintained
25
nursery school;
“regulations” means regulations made by the Secretary of State (in
relation to England) or the Assembly (in relation to Wales).
156
Maintained nursery schools: amendment of sections 496 and 497 of EA 1996
(1)
In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable
30
exercise of functions by LEA or governing body), in subsection (2)(b), for “or
any community or foundation special school” substitute “, of any community
or foundation special school, or of any maintained nursery school”.
(2)
In section 497 of EA 1996 (Secretary of State’s general default powers), in
subsection (2)(b), for “or any community or foundation special school”
35
substitute “, of any community or foundation special school, or of any
maintained nursery school”.
157
Time limits relating to statements of special educational needs
(1)
Chapter 1 of Part 4 of EA 1996 (children with special educational needs) is
amended as follows.
40
(2)
In Schedule 26 (making of assessments under section 323), in paragraph 3(3)(a)
after “or 329A” insert “, or under regulations under sub-paragraph (1)(b),”.
(3)
In Schedule 27 (making and maintenance of statements under section 324)—

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(a)
in paragraph 5, for sub-paragraph (3) substitute—
    “(3)
Regulations may provide that, where a local education
authority are under a duty (subject to compliance with the
preceding requirements of this Schedule) to make a
statement, the duty to make the statement, or any step
5
required to be taken for or in connection with the
performance of the duty or the maintenance of the statement
(including any step in relation to the amendment of the
statement) must, subject to prescribed exceptions, be
performed within the prescribed period.”, and
10
(b)
in paragraph 11, after sub-paragraph (2A) insert—
   “(2B)
Where the local education authority determine to cease to
maintain a statement following a periodic review or a re-
assessment review, regulations may provide that a notice
under sub-paragraph (2)(a) must be given within the
15
prescribed period beginning with the date of the review.”
(4)
Any regulations which were made under Schedule 26 or 27 to EA 1996 and are
in force immediately before the commencement of this section are to have
effect as from that time as if made under that Schedule as amended by
subsection (2) or (3) (as the case may be).
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158
Miscellaneous amendments relating to Wales
Schedule 17 contains further amendments relating to Wales.
159
Support schemes relating to education and training for persons aged 10 to 15
(1)
Before section 12 of the Learning and Skills Act 2000 (c. 21) (research and
information), and immediately after the cross-heading which precedes that
25
section, insert—
“11A
Support schemes relating to education and training for persons aged
10 to 15
(1)
The Council may—
(a)
make and carry on one or more schemes for the purpose of
30
encouraging 10 to 15 year olds to undergo relevant education or
training, and
(b)
secure the provision of financial resources to such persons who
are receiving or proposing to receive relevant education or
training in pursuance of such a scheme.
35
(2)
Sections 5(2) and (3) and 6(1), (2) and (5) apply in relation to the
provision of financial resources under subsection (1)(b) as they apply in
relation to the provision of financial resources under section 5(1)(c).
(3)
In this section—
“10 to 15 year olds” means persons who have attained the age of
40
10 but have not ceased to be of compulsory school age;
“relevant education” means—
(a)
education (other than higher education) suitable to the
requirements of 10 to 15 year olds, and

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(b)
organised leisure-time occupation connected with such
education;
“relevant training” means—
(a)
training suitable to the requirements of 10 to 15 year
olds, and
5
(b)
organised leisure-time occupation connected with such
training.
(4)
Subsection (5) of section 2 has effect for the purposes of the definitions
of “relevant education” and “relevant training” in subsection (3) above
as it has effect for the purposes of that section.”
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(2)
In section 9 of that Act (assessment and means tests), in subsection (4), after
“5(1)(c)” insert “or 11A(1)(b)”.
(3)
In section 13 of that Act (persons with learning difficulties)—
(a)
in subsection (1), for “and 8” substitute “, 8 and 11A”, and
(b)
after subsection (6) insert—
15
“(7)
In its application for the purposes of subsection (1) in relation to
the functions of the Council under section 11A, the reference in
subsection (5)(b) to “post-16 education or training” is to be read
as a reference to “relevant education or training” (within the
meaning of section 11A).”
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160
University bodies: amendment of section 29 of Leasehold Reform Act 1967
(1)
Section 29 of the Leasehold Reform Act 1967 (c. 88) (which enables university
bodies in certain circumstances to reserve rights for future development in
relation to land sold or let by them) is amended as follows.
(2)
In subsection (6), omit the words from “but a university body” to the end.
25
(3)
In subsection (6B), for the words from “includes” to the end substitute—
“(a)
includes development by a related university body (within the
meaning of section 28(6)(b) above); and
(b)
must be development for the purposes (other than investment
purposes) of the university body or any such related university
30
body.”
(4)
Where immediately before the date on which this section comes into force—
(a)
a university body have applied for consent under subsection (6) of
section 29 of the Leasehold Reform Act 1967, and
(b)
the application has yet to be determined,
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consent under that subsection shall continue to be required; and for that
purpose the amendments made by subsections (2) and (3) above shall be
disregarded.