Education and Skills Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Children, Schools and
Families, are published separately as Bill 12—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Ed Balls has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Education and Skills Bill are compatible with the
Convention rights.
Bill 12
54/3
Contents
Part 1
Duty to participate in education or training: England
Chapter 1
Young persons
Duty to participate in education or training
1
Persons to whom Part 1 applies
2
Interpretation
3
Level 3 qualification
4
Appropriate full-time education or training
5
Full-time occupation
6
Relevant training or education
7
Relevant period
8
Sufficient relevant training or education
9
Assignment of numbers of hours of guided learning to external qualifications
Chapter 2
Local education authorities and educational institutions etc
Duty to promote fulfilment of duty imposed by section 2
10
Local education authority to promote fulfilment of duty imposed by section 2
Duty to promote good attendance
11
Educational institutions: promotion of good attendance
ii
Duty to identify persons not fulfilling duty imposed by section 2
12
Duty to make arrangements to identify persons not fulfilling duty imposed
by section 2
Information
13
Notification of non-compliance with duty imposed by section 2: educational
institutions
14
Educational institutions: duty to provide information
15
Information: supply by the Secretary of State
16
Information: supply by public bodies
17
Sharing and use of information held for purposes of support services or
functions under this Part
Guidance
18
Chapter 3
Employers
19
Contracts to which Chapter applies
20
Appropriate arrangements
Commencement of employment
21
Appropriate arrangements to be in place before employment begins
22
Financial penalty for contravention of section 21
23
Withdrawal of penalty notice given under section 22
Employer to enable participation in education or training
24
Duty to enable participation: initial arrangements
25
Duty to enable participation: arrangements subsequently notified
26
Sections 24 and 25: extension for person reaching 18
27
Contravention of section 24 or 25: enforcement notice
28
Financial penalty for non-compliance with enforcement notice given under
section 27
29
Withdrawal of enforcement notice given under section 27
30
Withdrawal of penalty notice given under section 28
Supplementary
31
Right not to suffer detriment
32
Dismissal to be treated as unfair
33
Other amendments of Employment Rights Act 1996
iii
Chapter 4
Parenting contracts and parenting orders
34
Parenting contracts
35
Parenting orders
36
Parenting orders: supplemental
37
Parenting orders: appeals
38
Parenting contracts and parenting orders: further provisions
Chapter 5
Attendance notices
Initial steps
39
Failure to fulfil duty under section 2: initial steps
40
Attendance notice
41
Attendance notice: description of education or training
Attendance panel, appeals and variations etc
42
Attendance panel
43
Appeal arrangements
44
Variation and revocation of attendance notice
Failure to comply with attendance notice
45
Offence of failure to comply with attendance notice
46
Restrictions on proceedings for offences under section 45
47
Failure to comply with attendance notice: penalty notice
48
Penalty notices: appeal arrangements
Chapter 6
Miscellaneous
49
Alternative ways of working
50
Crown employment
51
Parliamentary staff
52
Financial penalties
53
Interpretation of Part
Part 2
Support for participation in education or training: young adults with
learning difficulties and young people in England
Provision of support services
54
Support services: provision by local education authorities
iv
55
Directions
56
Local education authorities: supplementary powers
57
58
Educational institutions: access and facilities
59
Internet and telephone support services etc
60
Inspection
61
Information relating to young persons: supply by Secretary of State
62
63
64
Existing functions of Secretary of State
Assessments relating to learning difficulties
65
Careers education
66
Careers education: information and advice
Apprenticeships
67
Apprenticeships: functions of Learning and Skills Council for England
School transport etc
68
Provision of transport etc for persons of sixth form age: duty to consider
journey times
Co-operation as regards 14-19 education and training
69
Co-operation as regards provision of 14-19 education and training
Part 3
Adult skills
Provision of courses of study
70
Learning aims for persons aged 19 and over
Assessments of effectiveness of education or training
71
Revenue and Customs information
72
Benefit and training information
73
Use of information
74
Wrongful disclosure of information
75
Information: supplementary
v
Part 4
Regulation and inspection of independent educational provision in England
Independent educational institutions in England
Introductory
76
Independent educational institutions
77
Application of Chapter to institutions in England only
Standards
78
Independent educational institution standards
Requirement of registration
79
The register
80
Unregistered independent educational institutions: offence
81
Unregistered independent educational institutions: inspection
Registration procedure
82
Applications for registration
83
Determination of applications for registration
84
Institutions no longer required to register: power to deregister
Approval of material changes to registered details
85
“Material change”
86
Requirement to apply for approval for material change
87
Inspection and report where applications made for approval
88
Determination of applications for approval
89
Power to deregister institution that makes unapproved material change
Independent inspectorates
90
91
Quality assurance of independent inspectorates
Inspections and reports
92
Duty to inspect certain registered institutions at prescribed intervals
93
Duty to inspect registered institution on direction of Secretary of State
94
Power to inspect registered institution
95
Inspections under this Chapter: power of entry etc
96
Fees for inspections by Chief Inspector under this Chapter
97
Failure to pay fees
98
Publication of inspection reports