Education and Skills Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 5 — Attendance notices
22

(6)
Where the education or training specified is training provided in accordance
with a contract of apprenticeship otherwise than by a course, the attendance
notice must specify prescribed details of the contract of apprenticeship.
(7)
An attendance notice given to a person must specify—
(a)
the place or places at which the person is required to attend,
5
(b)
the time or times at which the person is required to attend,
(c)
the person or persons to whom the person must present himself or
herself,

and may specify other prescribed requirements relating to the description of
education or training specified in the notice.
10
(8)
An attendance notice must state—
(a)
the period for which the notice has effect,
(b)
the consequences of failing to comply with any requirement imposed
by the notice, and
(c)
such other matters as may be prescribed.
15
(9)
An attendance notice given by a local education authority to a person has effect
for the period beginning with the day on which it is given and ending with—
(a)
the last day on which the person is a person to whom this Part applies,
or
(b)
if earlier, the day on which it is revoked.
20
41
Attendance notice: description of education or training
(1)
This section must be satisfied in relation to education or training specified in
an attendance notice given to a person to whom this Part applies by a local
education authority.
(2)
The education or training must be provided—
25
(a)
at a school, college or other training or educational establishment by
means of a course, or
(b)
in accordance with a contract of apprenticeship.
(3)
The education or training must be such that, by participating in it, the young
person would fulfil the duty imposed by section 2.
30
(4)
For that purpose, account may be taken of any contract of employment of the
person or other arrangement under which the person works.
(5)
The education or training must be suitable for the person.
(6)
Where the education or training is to be provided by means of a course, the
local education authority—
35
(a)
must have consulted the governing body or proprietor of the school,
college or other training or educational establishment at which the
education or training is to be provided, and
(b)
must have made arrangements, or be satisfied that arrangements have
been made, for the education or training to be provided there for the
40
person.
(7)
Where the education or training is training provided in accordance with a
contract of apprenticeship, the local education authority must have consulted
the employer in relation to the contract of apprenticeship.

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 5 — Attendance notices
23

Attendance panel, appeals and variations etc
42
Attendance panel
(1)
A local education authority in England must establish a panel (an “attendance
panel”), constituted in accordance with regulations.
(2)
An attendance panel of a local education authority in England has the
5
following functions—
(a)
functions conferred on it by virtue of section 43 in relation to appeals
against attendance notices;
(b)
functions conferred on it by virtue of section 44(6)(b);
(c)
functions conferred on it by section 46(5) and (6);
10
(d)
functions conferred on it by virtue of section 48 in relation to appeals
against fixed penalty notices.
(3)
Regulations under subsection (1)—
(a)
must require a local education authority to secure that any person who
chairs an attendance panel is not a member of the authority; and
15
(b)
may make provision for the payment by the local education authority
of allowances to members of an appeal panel.
(4)
Regulations made by virtue of subsection (3)(b) may provide for any of the
provisions of sections 173 to 174 of the Local Government Act 1972 (c. 70)
(allowances to members of local authorities and other bodies) to apply with
20
prescribed modifications in relation to members of an attendance panel.
43
Appeal arrangements
(1)
A local education authority in England must make arrangements for enabling
a young person to whom an attendance notice is given by the authority to
appeal against—
25
(a)
the giving of the attendance notice;
(b)
the description of education or training specified in the attendance
notice;
(c)
any variation of the notice—
(i)
under subsection (2) of section 44;
30
(ii)
by virtue of subsection (5) or (6)(b) of that section.
(2)
The arrangements must provide for any appeal under the arrangements to be
to an attendance panel established under section 42.
(3)
Regulations may make provision about the making of appeals under
arrangements under this section, including provision—
35
(a)
as to the procedure on such appeals; and
(b)
as to the powers of the attendance panel in relation to such appeals.
44
Variation and revocation of attendance notice
(1)
Subsection (2) applies where a local education authority has given an
attendance notice under section 40 to a person to whom this Part applies.
40
(2)
If the attendance notice still has effect when—
(a)
the education or training specified in the notice ends, or

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 5 — Attendance notices
24

(b)
it becomes impracticable for the person to comply with the
requirements specified in the notice because of a change of residence,

the local education authority may by notice to the person specify other
education or training.
(3)
Subsections (5) to (7) and (8)(c) of section 40 apply in relation to specifying
5
education or training under subsection (2) as they apply in relation to the
giving of an attendance notice.
(4)
Where the local education authority gives a notice under subsection (2), the
attendance notice has effect as if it specified the education or training specified
in the notice under that subsection.
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(5)
Prescribed matters specified in an attendance notice given by a local education
authority may be varied by the authority by notice given to the person to
whom the attendance notice was given.
(6)
Regulations may provide for other matters specified in an attendance notice
given by a local education authority to be varied—
15
(a)
with the consent of the person to whom the notice was given, or
(b)
with the consent of an attendance panel established by the local
education authority under section 42.
(7)
An attendance notice given by a local education authority may be revoked by
the authority by notice given to the person to whom the attendance notice was
20
given.
Failure to comply with attendance notice
45
Offence of failure to comply with attendance notice
(1)
It is an offence for a person to whom an attendance notice has been given to fail,
without reasonable excuse, to comply with the requirements of the attendance
25
notice.
(2)
It is a defence for a person charged with an offence under subsection (1) to
show that he or she is, and since the giving of the attendance notice has been,
fulfilling the duty imposed by section 2.
(3)
A person guilty of an offence under subsection (1) is liable on summary
30
conviction to a fine not exceeding level 1 on the standard scale.
46
Restrictions on proceedings for offences under section 45
(1)
This section applies to proceedings for an alleged offence under section 45
relating to an attendance notice.
(2)
The proceedings may not be instituted except by the local education authority
35
which gave the attendance notice.
(3)
The proceedings may not be instituted if the attendance notice has been—
(a)
rescinded on an appeal by virtue of section 43, or
(b)
revoked under section 44(7).
(4)
The proceedings may not be instituted unless—
40

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 5 — Attendance notices
25

(a)
a penalty notice has been given under section 47 in respect of the
alleged offence and has not been rescinded on an appeal by virtue of
section 48, and
(b)
the penalty imposed by the notice has not been paid in accordance with
the notice.
5
(5)
The proceedings may not be instituted unless—
(a)
the local education authority has consulted an attendance panel
established by it under section 42, and
(b)
the panel has recommended to the local education authority that the
proceedings should be instituted.
10
(6)
In considering whether to make a recommendation under subsection (5)(b), an
attendance panel must invite the person alleged to have committed the offence
under section 45 to make representations to it.
(7)
The proceedings may not be instituted after this Part has ceased to apply to the
person alleged to have committed the offence under section 45.
15
(8)
Subsection (7) does not affect proceedings for such an offence by a person
which were instituted while this Part applied to the person.
47
Failure to comply with attendance notice: penalty notice
(1)
Where a local education authority which has given an attendance notice to a
person under section 40 has reason to believe that the person—
20
(a)
has failed, without reasonable excuse, to comply with the requirements
of the notice, and
(b)
has, at any time since the giving of the notice, not been fulfilling the
duty imposed by section 2,

the authority may give the person a penalty notice in respect of the failure
25
mentioned in paragraph (a).
(2)
A penalty notice is a notice offering a person the opportunity of discharging
any liability to conviction in respect of the offence to which the notice relates
by payment of a penalty in accordance with the notice.
(3)
Where a person is given a penalty notice—
30
(a)
proceedings for the offence to which the notice relates may not be
instituted before the end of such period as may be prescribed; and
(b)
the person cannot be convicted of the offence to which the notice relates
if a penalty is paid in accordance with the notice.
(4)
Regulations may make—
35
(a)
provision as to the form and content of penalty notices;
(b)
provision as to the amount of any penalty and the time by which it is to
be paid;
(c)
provision as to the methods by which penalties may be paid;
(d)
provision as to the records which are to be kept in relation to penalty
40
notices;
(e)
provision for or in connection with the withdrawal of a penalty notice,
or its ceasing to have effect, in prescribed circumstances, including—
(i)
provision about repayment of any amount paid by way of
penalty under a penalty notice which is withdrawn or ceases to
45
have effect; and

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 6 — Miscellaneous
26

(ii)
provision prohibiting the institution or continuation of
proceedings for the offence to which such a notice relates;
(f)
provision for a certificate—
(i)
purporting to be signed by or on behalf of a prescribed person,
and
5
(ii)
stating that payment of any amount paid by way of penalty was
or, as the case may be, was not received on or before a date
specified in the certificate,

to be received in evidence of the matters so stated;
(g)
provision as to the action to be taken if a penalty is not paid in
10
accordance with a penalty notice;
(h)
provision for or in connection with the preparation of codes of conduct
in relation to the giving of penalty notices;
(i)
such other provision in relation to penalties under penalty notices or in
relation to penalty notices as the Secretary of State thinks necessary or
15
expedient.
(5)
Without prejudice to section 142(4), regulations under subsection (4)(b) may
make provision for penalties of different amounts to be payable in different
cases or circumstances (including provision for the penalty payable under a
penalty notice to differ according to the time by which it is paid).
20
48
Penalty notices: appeal arrangements
(1)
A local education authority in England must make arrangements for enabling
a young person to whom a penalty notice is given by the authority under
section 47 to appeal against the notice.
(2)
The arrangements must provide for any appeal under the arrangements to be
25
to an attendance panel established under section 42.
(3)
Regulations may make provision about the making of appeals under
arrangements under this section, including provision—
(a)
as to the procedure on such appeals; and
(b)
as to the powers of an attendance panel in relation to such appeals.
30
Chapter 6
Miscellaneous
49
Alternative ways of working
(1)
Regulations may—
(a)
provide for who is to be treated as the employer for the purposes of this
35
Part in relation to any way of working prescribed by regulations under
section 5(1)(b), and
(b)
provide for any provision of this Part to apply with modifications in
relation to any such way of working.
(2)
Regulations may provide for any provision of this Part to apply with
40
modifications in cases where a person to whom this Part applies—
(a)
is employed under a contract of employment, and

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 6 — Miscellaneous
27

(b)
is for the time being supplied by the employer to another person (“the
principal”) to perform work in accordance with a contract made
between the employer and the principal.
50
Crown employment
(1)
For the purposes of section 5—
5
(a)
Crown employment, and
(b)
service as a member of the armed forces of the Crown,

are each to be treated as working under a contract of employment.
(2)
Regulations may provide for Chapter 1 to have effect subject to modifications
in relation to persons working in either of those ways.
10
(3)
Chapter 3 applies in relation to Crown employment and persons in Crown
employment as it applies in relation to other employment and other
employees, but subject to subsection (4).
(4)
For the purposes of the application of Chapter 3 in relation to Crown
employment and persons in Crown employment—
15
(a)
references to a contract of employment are to be construed, in relation
to a person in Crown employment, as references to the terms and
conditions under which the person works, and
(b)
references to an employee are to be construed as references to a person
in Crown employment.
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(5)
In this section, “Crown employment” means employment under or for the
purposes of a government department or any officer or body exercising on
behalf of the Crown functions conferred by statutory provision, but subject to
subsection (6).
(6)
Crown employment—
25
(a)
does not include service as a member of the armed forces of the Crown,
but
(b)
does include employment by an association established for the
purposes of Part 11 of the Reserve Forces Act 1996 (c. 14).
51
Parliamentary staff
30
(1)
For the purposes of section 5, working as a relevant member of the House of
Commons staff is to be treated as working under a contract of employment.
(2)
Regulations may provide for Chapter 1 to have effect subject to modifications
in relation to persons working in that way.
(3)
Chapter 3 applies in relation to employment—
35
(a)
as a relevant member of the House of Lords staff, or
(b)
as a relevant member of the House of Commons staff,

as it applies in relation to other employment.
(4)
For the purposes of the application of Chapter 3 in relation to a relevant
member of the House of Commons staff—
40
(a)
references to a contract of employment are to be construed as including
references to the terms of employment of a relevant member of the
House of Commons staff, and

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 6 — Miscellaneous
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(b)
references to an employee are to be construed as references to a relevant
member of the House of Commons staff.
(5)
In this section—
“relevant member of the House of Lords staff” means any person who is
employed under a contract of employment with the Corporate Officer
5
of the House of Lords;
“relevant member of the House of Commons staff” means any person
who—
(a)
was appointed by the House of Commons Commission, or
(b)
is a member of the Speaker’s personal staff.
10
52
Financial penalties
(1)
A penalty payable by virtue of a penalty notice under—
(a)
section 22,
(b)
section 28, or
(c)
section 47,
15

is payable to the local education authority which issued the notice.
(2)
Any sums received by a local education authority under any of those sections
may be used by the authority for the purposes of any of its functions which
may be specified in regulations but, to the extent that they are not so used, must
be paid in accordance with regulations to the Secretary of State.
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(3)
A penalty under section 22 or 28 (and any interest or financial penalty for late
payment) is recoverable, if a county court so orders, as if it were payable under
an order of that court.
53
Interpretation of Part
(1)
In this Part—
25
“appropriate full-time education or training” has the meaning given by
section 4;
“contract of employment” means a contract of service, whether express or
implied and (if it is express) whether oral or in writing, but does not
include a contract of apprenticeship;
30
“level 3 qualification” has the meaning given by section 3;
“relevant period”, in relation to a person to whom this Part applies, has
the meaning given by section 7;
“relevant training or education” has the meaning given by section 6;
“sufficient”, in relation to relevant training or education, is to be construed
35
in accordance with section 8(1).
(2)
Regulations may provide for a person to be, or not to be, regarded as resident
in England for the purposes of any provision of this Part.
(3)
Any reference in this Part to a person’s being in full-time occupation is to be
construed in accordance with section 5.
40
(4)
For the purposes of this Part, a person is failing to fulfil the duty imposed by
section 2 if the person—
(a)
is not participating in education or training in accordance with
subsection (1)(a) or (b) of that section, and