Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
39

Co-operation as regards 14-19 education and training
69
Co-operation as regards provision of 14-19 education and training
(1)
The arrangements made by a children’s services authority in England (a
“children’s authority”) under section 10 of the 2004 Act (co-operation to
improve well-being of children) must include arrangements within subsection
5
(2) or (3).
(2)
The arrangements within this subsection are arrangements to promote co-
operation between—
(a)
the children’s authority,
(b)
the authority’s relevant partners, and
10
(c)
the other persons and bodies (of any nature) who exercise functions, or
are engaged in activities, relevant to the provision of 14-19 education or
training in the authority’s area.
(3)
The arrangements within this subsection are arrangements made jointly by the
children’s authority and one or more other children’s authorities to promote
15
co-operation between—
(a)
the authorities,
(b)
the authorities’ relevant partners, and
(c)
the other persons and bodies (of any nature) who exercise functions, or
are engaged in activities, relevant to the provision of 14-19 education or
20
training in each of the authorities’ areas.
(4)
Subsection (1) is not to be read as affecting the generality of the duty imposed
by section 10(1) and (2) of the 2004 Act so far as relating to education and
training.
(5)
In this section—
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“the 2004 Act” means the Children Act 2004 (c. 31);
“children’s services authority in England” has the meaning given by
section 65(1) of that Act;
“14-19 education” and “14-19 training” mean, respectively, education and
training suitable to the requirements of persons during the period
30
beginning with the start of the academic year in which they attain the
age of 15 and ending when they attain the age of 19;
“relevant partner”, in relation to a children’s services authority in
England, has the meaning given by section 10(4) of the 2004 Act.
(6)
For the purposes of subsection (5)—
35
(a)
“education” means full-time or part-time education, but does not
include higher education (namely, education provided by means of a
course of any description mentioned in Schedule 6 to the Education
Reform Act 1988 (c. 40));
(b)
“training” means full-time or part-time training, and includes
40
vocational, social, physical and recreational training;
(c)
“academic year” means any period beginning with 1 August and
ending with the next 31 July.

Education and Skills Bill
Part 3 — Adult skills
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Part 3
Adult skills
Provision of courses of study
70
Learning aims for persons aged 19 and over
(1)
The Learning and Skills Act 2000 (c. 21) is amended as follows.
5
(2)
In section 3 (Council’s duty to secure provision of facilities for education and
training for persons aged 19 and over), after subsection (1) insert—
“(1A)
This section does not apply to the provision of facilities to the extent
that section 4A applies to the provision of those facilities.”
(3)
After section 4 insert—
10
“4A
Learning aims for persons over 19: provision of facilities
(1)
The Council must secure the provision of proper facilities for relevant
education or training for persons falling within subsection (3) which is
suitable to their requirements.
(2)
Relevant education or training is education (other than higher
15
education) or vocational training provided by means of a course of
study for a qualification to which paragraph 1 of Schedule 1A applies.
(3)
The persons falling within this subsection are persons who—
(a)
have attained the age of 19,
(b)
do not have the qualification in question or one (including one
20
awarded by a person outside England) which appears to the
Council to be at a comparable or higher level, and
(c)
satisfy such conditions as may be specified in regulations made
by the Secretary of State.
(4)
Facilities are proper if they are—
25
(a)
of a quantity sufficient to meet the reasonable needs of
individuals, and
(b)
of a quality adequate to meet those needs.
(5)
In performing the duty imposed on it by subsection (1) the Council
must—
30
(a)
take account of the places where facilities are provided, the
character of facilities and the way they are equipped;
(b)
take account of the different abilities and aptitudes of different
persons;
(c)
take account of the education and training required in different
35
sectors of employment for employees and potential employees;
(d)
act with a view to encouraging diversity of education and
training available to individuals;
(e)
act with a view to increasing opportunities for individuals to
exercise choice;
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(f)
make the best use of the Council’s resources and in particular
avoid provision which might give rise to disproportionate
expenditure;

Education and Skills Bill
Part 3 — Adult skills
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(g)
have regard to any guidance given from time to time by the
Secretary of State.
(6)
Provision is not to be considered as giving rise to disproportionate
expenditure only because that provision is more expensive than
comparable provision.
5
(7)
For the purposes of this section—
(a)
education includes both full-time education and part-time
education;
(b)
training includes both full-time and part-time training;
(c)
higher education is education provided by means of a course of
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any description mentioned in Schedule 6 to the Education
Reform Act 1988.
4B
Learning aims for persons over 19: payment of tuition fees
(1)
The Council must exercise its functions under this Part so as to secure that a
course of study for a qualification to which paragraph 1 of Schedule 1A applies
15
is free to a person falling within subsection (2) if it is provided for the person
by virtue of facilities whose provision is secured under section 4A.
(2)
A person falls within this subsection if, at the time of starting the course
in question, the person—
(a)
has attained the age of 19,
20
(b)
does not have the qualification in question or one (including
one awarded by a person outside England) which appears to
the Council to be at a comparable or higher level, and
(c)
satisfies such conditions as may be specified in regulations
made by the Secretary of State.
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(3)
The Council must exercise its functions under this Part so as to secure that a
course of study for a qualification to which paragraph 2 of Schedule 1A applies
is free to a person falling within subsection (4) if it is provided for the person
by virtue of facilities whose provision is secured under section 3.
(4)
A person falls within this subsection if, at the time of starting the course
30
in question, the person—
(a)
has attained the age of 19 but not the age of 25,
(b)
does not have the qualification in question or one (including
one awarded by a person outside England) which appears to
the Council to be at a comparable or higher level, and
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(c)
satisfies such conditions as may be specified in regulations
made by the Secretary of State.
(5)
In performing a duty imposed on it by this section, the Council must
have regard to any guidance given from time to time by the Secretary
of State.
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(6)
The Secretary of State may by order—
(a)
amend subsection (2)(a) by substituting a different age for the
age for the time being referred to;
(b)
amend subsection (4)(a) by substituting a different age for either
of the ages for the time being referred to.
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Education and Skills Bill
Part 3 — Adult skills
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(7)
For the purposes of this section, a course is free to a person if no tuition
fees in respect of the provision of the course for the person are payable
by a person other than—
(a)
the Council, or
(b)
a body specified by order by the Secretary of State for the
5
purposes of this section.
(8)
In subsection (7), “tuition fees”, in relation to a course, means—
(a)
the fees charged in respect of the course by the person
providing it, and
(b)
such fees in respect of other matters relating to the course (such
10
as undergoing a preliminary assessment or sitting an
examination) as may be specified in regulations made by the
Secretary of State.
4C
Sections 4A and 4B: supplementary
(1)
The Secretary of State may by regulations make provision as to
15
circumstances in which—
(a)
despite having a specified qualification, a person is to be treated
for the purposes of section 4A or 4B as not having that
qualification;
(b)
despite not having a specified qualification, a person is to be
20
treated for any of those purposes as having that qualification.
(2)
A condition specified in regulations under section 4A or 4B may, in
particular, relate to—
(a)
the possession, or lack, of a specified qualification;
(b)
the completion of, or failure to complete, a course for a specified
25
qualification.
(3)
A reference in subsection (1) or (2) to a specified qualification is to a
qualification specified, or of a description specified, in the regulations.
(4)
Regulations under this section, or under section 4A or 4B, may confer a
function (which may relate to the administration of an assessment and
30
may include the exercise of a discretion) on a person specified, or of a
description specified, in the regulations.
(5)
Part 2 of Schedule 1A makes further provision for the purposes of
sections 4A and 4B.”
(4)
In section 13 (Council’s duty to have regard to needs of persons with learning
35
difficulties), in subsection (1), after “3,” insert “4A, 4B,”.
(5)
Section 152 (orders and regulations) is amended as set out in subsections (6)
and (7).
(6)
In subsection (2A), at the end insert “or an order to which subsection (2C)
applies”.
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(7)
After subsection (2B) insert—
“(2C)
An order under section 4B(6) or paragraph 9 of Schedule 1A may not be
made unless a draft of the order has been laid before and approved by
a resolution of each House of Parliament.

Education and Skills Bill
Part 3 — Adult skills
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(2D)
If a draft of an order under paragraph 9 of Schedule 1A would, apart
from this subsection, be treated for the purposes of the Standing Orders
of either House of Parliament as a hybrid instrument, it is to proceed in
that House as if it were not a hybrid instrument.”
(8)
After Schedule 1 insert—
5
“Schedule 1A
Learning aims for persons aged 19 and over
Part 1
Qualifications to which this Schedule applies
1
This paragraph applies to the following qualifications—
10
(a)
a specified qualification in level 1 literacy,
(b)
a specified qualification in entry level 3 numeracy,
(c)
a specified vocational qualification at level 2.
2
This paragraph applies to a specified qualification at level 3.
Part 2
15
Power to specify
3     (1)
In paragraphs 1 and 2, a reference to a specified qualification is to an
external qualification which is specified, or which is of a description
specified, in regulations made by the Secretary of State.
      (2)
The regulations may specify qualifications, or descriptions of
20
qualifications, by reference to an assessment made by the Council of
the level of attainment demonstrated by a qualification; and for that
purpose the regulations may confer a function (which may include
the exercise of a discretion) on the Council.
      (3)
The regulations may make provision which applies subject to
25
exceptions specified in the regulations.
      (4)
In sub-paragraph (1), “external qualification” has the meaning given
in section 24 of the Education Act 1997.
Level 1 literacy
4
Level 1 literacy is the level of attainment in literacy which, in the
30
opinion of the Secretary of State, is the minimum required in that
respect by persons aged 19 and over in order to be able to operate
effectively in day-to-day life.
Entry level 3 numeracy
5
Entry level 3 numeracy is the level of attainment in numeracy which,
35
in the opinion of the Secretary of State, is the minimum required in
that respect by persons aged 19 and over in order to be able to
operate effectively in day-to-day life.

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Part 3 — Adult skills
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Level 2
6
Level 2 is the level of attainment (in terms of breadth and depth)
which, in the opinion of the Secretary of State, is demonstrated by the
General Certificate of Secondary Education in five subjects, each at
Grade C or above.
5
Level 3
7
Level 3 is the level of attainment (in terms of breadth and depth)
which, in the opinion of the Secretary of State, is demonstrated by the
General Certificate of Education at the advanced level in two
subjects.
10
Advice and information
8
In forming an opinion for the purposes of this Schedule, the
Secretary of State may have regard, in particular, to advice or
information relating to qualifications which is provided by—
(a)
the Council, or
15
(b)
the Qualifications and Curriculum Authority.
Power to amend
9     (1)
The Secretary of State may by order amend this Schedule so as to—
(a)
add a category of qualification to Part 1;
(b)
remove a category of qualification for the time being referred
20
to in Part 1;
(c)
substitute a different qualification for a qualification for the
time being referred to in Part 2;
(d)
make consequential amendments.
      (2)
The power conferred by sub-paragraph (1)(b) includes power to
25
remove every category of qualification to which a paragraph of Part
1 for the time being applies.”
Assessments of effectiveness of education or training
71
Revenue and Customs information
(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose to
30
the Secretary of State or a devolved authority information which falls within
subsection (3).
(2)
The Secretary of State or the authority may use the information only in
accordance with section 73.
(3)
The information is information about an individual which identifies the
35
individual and relates to—
(a)
income (whether accrued from employment or otherwise);
(b)
employment (including the dates when any period of employment
starts or ends);
(c)
any other means by which income is accrued;
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(d)
income tax;

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Part 3 — Adult skills
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(e)
tax credits.
(4)
The reference to the Commissioners for Her Majesty’s Revenue and Customs
includes a reference to a person authorised by the Commissioners.
72
Benefit and training information
(1)
Information which falls within subsection (4) or (5) may be made available for
5
use by or disclosed to (as the case may be) a person in connection with the
exercise of relevant functions of the Secretary of State or a devolved authority.
(2)
Information which falls within subsection (5) may be disclosed—
(a)
by the Secretary of State to a devolved authority;
(b)
by a devolved authority to the Secretary of State.
10
(3)
The Secretary of State or a devolved authority may use the information in
accordance with section 73.
(4)
The information is information about an individual who has attained the age
of 19 held by the Secretary of State for the purposes of any function of the
Secretary of State relating to social security.
15
(5)
The information is information held by the Secretary of State or the authority
about an individual who has attained the age of 19 if it relates to any training
or course of education undertaken by the individual (whether before or after
the individual attained the age of 19).
(6)
Relevant functions are functions relating to training or education provided for
20
persons who have attained the age of 19.
73
Use of information
(1)
Information disclosed or made available in consequence of section 71 or 72
may be used by the Secretary of State or a devolved authority for the purpose
of—
25
(a)
evaluating the effectiveness of training or education provided for
persons who have attained the age of 19;
(b)
assessing policy in relation to the provision of such training or
education;
(c)
assessing policy in relation to social security or employment as it affects
30
the provision of or participation in such training or education.
(2)
The Secretary of State or the authority may take such steps as are necessary or
expedient to facilitate the use of the information for that purpose.
(3)
Information relating to an individual must not be used in such a way that the
identity of the individual is disclosed to or capable of being discovered by a
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person carrying out the evaluation or assessment.
(4)
Subsection (3) does not apply in so far as a person using information relating
to an individual as mentioned in that subsection has previously used the
information for the purposes of subsection (2).
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Wrongful disclosure of information
40
(1)
This section applies to information disclosed or made available in consequence
of section 71 or 72.