Clause 11 - Provision of Services

128.     Clause 11 will give to the LSC the power to develop systems for use by relevant bodies connected with education in connection with the exercise of their functions. This clause by itself does not give rise to any concerns about ECHR compatibility. However, it is likely that the first use of the power is to enable the LSC to develop a system for collating information about learners into a single record. Article 8 ECHR should therefore be considered.

129.     The exercise of the power to provide support services under clause 11 will not be the reason for any additional collection of data or data-sharing. Data will only be shared in the new system with the consent of the individual concerned. Any data-sharing will therefore be ECHR compliant.

     Clause 21 - Qualifications of principals of further education institutions

130.     Section 137 of the Education Act 2002 enables the Secretary of State to make regulations requiring principals in further education institutions to have specified qualifications. Section 137(3) provides that any provision of regulations made under section 137(1) shall not apply to a principal who was appointed before the commencement of the provision. Clause 21 will repeal section 137(3) insofar as it applies to England. Any regulations made under section 137 will allow adequate time for the acquisition of the qualification.

131.     The repeal of section 137(3) by itself does not give rise to ECHR issues. If an existing principal was required to have a new qualification, chose not to acquire that qualification and was then unable to continue to work in his profession, he might argue that the requirement was incompatible with article 8 ECHR and article 1 of the First Protocol. However, the loss of future income falls outside the scope of article 1. As to article 8, any loss of employment opportunity would not by itself amount to an interference with respect for the person's private life. If it is the case that the principal chooses not to acquire the qualification, then it will of course be that choice which will prevent him from working as a principal, and not the requirement itself.

     COMMENCEMENT

     Clause 30

132.     Subsection (1) specifies those provisions that come into force on the day on which this Act is passed. These include a number of general provisions such as: provisions about orders and regulations; financial provisions; interpretation; commencement; extent; and the short title of the Act.

133.     Subsection (2) specifies those provisions that come into force at the end of the period of two months beginning with the day on which this Act is passed. This applies to provision securing measure-making powers for Wales.

134.     Subsection (3) specifies that, in relation to provision about consultation by governing bodies of further education institutions and qualifications of principals of further education institutions, the provisions will come into force in accordance with provision made by a commencement order made by the Secretary of State in relation to England and the Welsh Ministers in relation to Wales.

135.     Subsection (4) specifies that the remaining provisions in the Act will come into force in accordance with provision made by a commencement order made by the Secretary of State.