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 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
80

139
Functions of Qualifications and Curriculum Authority in Northern Ireland in
relation to vocational qualifications
(1)
In section 24 of the Education Act 1997 (c. 44) (functions of QCA in relation to
external vocational and academic qualifications), in subsection (4), for
“National Vocational Qualifications” substitute “external qualifications which
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are vocational qualifications”.
(2)
In section 58 of that Act (extent etc.), in subsection (6), for “section 24(4)”
substitute “section 24(4), (6) and (7)”.
Inspections of teacher training
140
Inspections of teacher training in England: removal of duty to notify
10
In section 18B(7) of the Education Act 1994 (c. 30) (period of notice to be given
of inspections of teacher training), after “subsection (1)” insert “of training
provided by a training provider in Wales”.
Schools forums
141
Constitution of schools forums
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(1)
Section 47A of the School Standards and Framework Act 1998 (c. 31) (schools
forums) is amended as follows.
(2)
For subsection (1) substitute—
“(1)
Every local education authority must, in accordance with regulations,
establish for their area a body to be known as a schools forum.”
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(3)
After subsection (4) insert—
“(4A)
Regulations must provide for a schools forum to include—
(a)
members representing governing bodies of schools maintained
by the relevant authority, and
(b)
members representing head teachers of such schools.
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(4B)
Regulations may provide for a schools forum to include—
(a)
members representing such other persons—
(i)
as may be prescribed, or
(ii)
as the relevant authority may from time to time, in
accordance with regulations, determine, and
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(b)
other members,

and may make further provision as to the constitution of a schools
forum.”
(4)
In subsection (5), omit “the constitution”.

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
81

Chapter 3
General
142
Orders and regulations
(1)
The following are to be made by statutory instrument—
(a)
orders and regulations made by the Secretary of State under this Act;
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(b)
orders made by the Welsh Ministers under section 149.
(2)
A statutory instrument containing—
(a)
an order under section 3(5),
(b)
regulations under section 5(1)(b) or section 49,
(c)
regulations under section 117(1), or
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(d)
regulations under section 146 which amend or repeal any provision of
an Act,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(3)
A statutory instrument containing any other order or regulations under this
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Act, other than an order under section 149, is subject to annulment in
pursuance of a resolution of either House of Parliament.
(4)
Any power of the Secretary of State to make an order or regulations under this
Act includes power—
(a)
to make different provision for different cases, circumstances or areas,
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(b)
to make provision generally or in relation to specific cases, and
(c)
to make such incidental, supplementary, transitional, transitory or
saving provision as the Secretary of State thinks fit.
143
Functions to be exercisable by Welsh Ministers
Any function conferred on the Secretary of State by section 141, so far as
25
exercisable in relation to Wales, is to be taken to be transferred, immediately
after that section comes into force in relation to Wales, to the Welsh Ministers
by an Order in Council under section 58 of the Government of Wales Act 2006
(c. 32).
144
General interpretation
30
(1)
Subject to subsections (3) and (4), the Education Act 1996 (c. 56) and the
provisions of this Act specified in subsection (2) are to be construed as if those
provisions were contained in that Act.
(2)
The provisions of this Act referred to in subsection (1) are—
(a)
Part 1 (other than section 9 and sections 31 to 33);
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(b)
Chapter 1 of Part 4;
(c)
section 131;
(d)
section 149(9).
(3)
Where an expression is given for the purposes of any provision falling within
subsection (2) a meaning different from that given to it for the purposes of the
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Education Act 1996, the meaning given for the purposes of that provision is to
apply instead of the one given for the purposes of that Act.

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
82

(4)
Sections 561 and 562 of the Education Act 1996 (c. 56) (Act not to apply to
persons in service of the Crown or persons detained under order of a court) do
not apply for the purposes of Part 1.
(5)
Unless the context otherwise requires, any reference in this Act to a
community, foundation or voluntary school or a community or foundation
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special school is to such a school within the meaning of the School Standards
and Framework Act 1998 (c. 31).
145
Minor and consequential amendments, repeals and revocations
(1)
Schedule 1 has effect to make minor and consequential amendments.
(2)
The provisions mentioned in Schedule 2 are repealed or revoked to the extent
10
specified.
146
Power to make consequential and transitional provision etc.
(1)
The Secretary of State may by regulations make—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,
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as the Secretary of State considers necessary or expedient for the purposes of,
in consequence of or for giving full effect to, any provision of this Act.
(2)
Regulations under this section may in particular—
(a)
provide for any provision of this Act which comes into force before
another provision (of this or any other Act or in subordinate legislation)
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has come into force to have effect, until that other provision has come
into force, with specified modifications;
(b)
amend, repeal or revoke any provision of—
(i)
an Act passed before or in the same Session as this Act, or
(ii)
subordinate legislation made before the passing of this Act.
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(3)
Nothing in this section limits the powers conferred by section 142(4)(c) or
149(7)(c).
(4)
The amendments that may be made by virtue of subsection (2)(b) are in
addition to those that are made by any other provision of this Act.
(5)
In this section “subordinate legislation” has the same meaning as in the
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Interpretation Act 1978 (c. 30).
147
Financial provisions
(1)
There are to be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State or the Office for Standards
in Education, Children’s Services and Skills by virtue of this Act, and
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(b)
any increase attributable to this Act in the sums which by virtue of any other
Act are payable out of money provided by Parliament.
(2)
Any sums received by the Secretary of State or Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills by virtue of this Act are to be paid into the
Consolidated Fund.
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Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
83

148
Extent
(1)
Subject as follows, this Act extends to England and Wales only.
(2)
Sections 71 to 75 extend to England and Wales and Scotland.
(3)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
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(a)
section 142;
(b)
section 146;
(c)
this section;
(d)
sections 149 and 150.
(4)
Any amendment, repeal or revocation made by this Act has the same extent as
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the provision to which it relates.
149
Commencement
(1)
The following provisions of this Act come into force on the day on which it is
passed—
(a)
section 65, paragraphs 27 to 29 of Schedule 1 and the repeal in Schedule
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2 relating to section 140 of the Learning and Skills Act 2000 (c. 21) (and
section 145 so far as relating to those paragraphs and that repeal);
(b)
sections 142 to 144;
(c)
sections 146 to 148;
(d)
this section;
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(e)
section 150.
(2)
Sections 132 and 140 come into force at the end of the period of 2 months
beginning with the day on which this Act is passed.
(3)
The following provisions come into force in accordance with provision made
by the Welsh Ministers by order—
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(a)
sections 136 and 138 and the repeals and revocations in Schedule 2
relating to—
(i)
section 99(4) of the Learning and Skills Act 2000,
(ii)
paragraph 8 of Schedule 17 to the Education Act 2002 (c. 32),
and
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(iii)
paragraphs 19 and 20 of Schedule 1 to the Qualifications,
Curriculum and Assessment Authority for Wales (Transfer of
Functions to the National Assembly for Wales and Abolition)
Order 2005 (S.I. 2005/3239),

(and section 145 so far as relating to those repeals and revocations);
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(b)
section 141 so far as exercisable in relation to Wales.
(4)
The remaining provisions of this Act come into force in accordance with
provision made by the Secretary of State by order.
(5)
Before making an order under subsection (4) containing provision for the
coming into force of sections 71 to 75, the Secretary of State must consult the
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Scottish Ministers and the Welsh Ministers.
(6)
Before making an order under subsection (4) containing provision for the
coming into force of section 137(4) or 139, the Secretary of State must consult
the Department for Employment and Learning in Northern Ireland.

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
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(7)
An order under this section may—
(a)
make provision generally or for specified purposes only;
(b)
make different provision for different purposes and in relation to
different areas; and
(c)
contain such transitory and transitional provisions and savings as the
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person making the order thinks fit.
(8)
An order under subsection (4) may provide for Part 1 to come into force with
the substitution in section 1(b) of “the first anniversary of the date on which the
person ceased to be of compulsory school age” for “the age of 18”.
(9)
The Secretary of State must—
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(a)
exercise the powers conferred by subsections (4) and (8) so as to secure
that Part 1 is in force with that substitution no later than the day after
the day which is the school leaving date for 2013, and
(b)
exercise the power conferred by subsection (4) so as to secure that Part
1 is in force without that substitution no later than the day after the day
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which is the school leaving date for 2015,

subject, in each case, to any provision made by virtue of subsection (7).
150
Short title
(1)
This Act may be cited as the Education and Skills Act 2008.
(2)
This Act is to be included in the list of Education Acts set out in section 578 of
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the Education Act 1996 (c. 56).