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 1 — Duty to participate in education or training: England
Chapter 1 — Young persons
1

A
Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
To
Make provision about education and training; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Duty to participate in education or training: England
Chapter 1
Young persons
Duty to participate in education or training
5
1
Persons to whom Part 1 applies
This Part applies to any person who is resident in England and who—
(a)
has ceased to be of compulsory school age,
(b)
has not reached the age of 18, and
(c)
has not attained a level 3 qualification (see section 3).
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2
Duty to participate in education or training
(1)
A person to whom this Part applies must—
(a)
be participating in appropriate full-time education or training (see
section 4),
(b)
be participating in training in accordance with a contract of
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apprenticeship, or
(c)
both—

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Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 1 — Young persons
2

(i)
be in full-time occupation (see section 5), and
(ii)
participate in sufficient relevant training or education in each
relevant period (see sections 6 to 8).
(2)
For the purposes of this Part, a person who is in full-time occupation is to be
taken to be participating in sufficient relevant training or education at any
5
particular time if—
(a)
arrangements have been made (whether by means of enrolment on a
course or courses, or otherwise) for the person to receive sufficient
relevant training or education during the current relevant period, and
(b)
where the arrangements call for the person to be participating in
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training or education at the time, the person is so participating.
Interpretation
3
Level 3 qualification
(1)
In this Part, “level 3 qualification” means a prescribed external qualification, or
an external qualification of a prescribed description, at level 3.
15
(2)
For this purpose, 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.
(3)
A qualification, or description of qualification, prescribed under subsection (1)
may be prescribed by reference to an assessment made by the Qualifications
20
and Curriculum Authority of the level of attainment demonstrated by a
qualification; and for that purpose regulations under subsection (1) may confer
a function (which may include the exercise of a discretion) on the Authority.
(4)
In subsection (1), “external qualification” has the meaning given in section 24
of the Education Act 1997 (c. 44).
25
(5)
The Secretary of State may by order amend subsection (2) so as to substitute a
different qualification for the qualification for the time being referred to.
4
Appropriate full-time education or training
(1)
In this Part, “appropriate full-time education or training”, in relation to a
person, means full-time education or training which is suitable for the person,
30
having regard—
(a)
to the person’s age, ability and aptitude, and
(b)
to any learning difficulty which the person may have,

and is provided at a school, at a college of further education, at an institution
within the higher education sector or otherwise.
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(2)
Regulations may provide that a particular description of—
(a)
education provided otherwise than at a school, or
(b)
training,

is, or is not, to be treated as being “full-time” for the purposes of this section.
(3)
Subsections (5) and (6) of section 13 of the Learning and Skills Act 2000 (c. 21)
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(persons with learning difficulties) apply for the purposes of this section.

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 1 — Young persons
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5
Full-time occupation
(1)
For the purposes of this Part, a person is in full-time occupation if the person
works for at least 20 hours per week—
(a)
under a contract of employment, or
(b)
in any other way which may be prescribed,
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otherwise than under a short-term contract or arrangement.
(2)
The power conferred by subsection (1)(b) includes, in particular, power to
prescribe the following ways of working—
(a)
as a self-employed person,
(b)
otherwise than for reward, or
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(c)
as the holder of an office.
(3)
For the purposes of this section, the number of hours for which a person works
per week is—
(a)
the number of the person’s normal weekly working hours, less
(b)
the number of hours of actual guided learning—
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(i)
which constitute relevant training or education, and
(ii)
in which the young person participates each week during
normal weekly working hours.
(4)
In subsection (3)—
“normal weekly working hours”—
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(a)
in relation to a person employed under a contract of
employment, means the person’s normal working hours in a
week, and
(b)
in relation to a person working in a way prescribed under
subsection (1)(b), has the prescribed meaning;
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“actual guided learning” has the meaning given by section 8(3).
(5)
Section 234 of the Employment Rights Act 1996 (c. 18) (construction of
references to normal working hours where employee entitled to overtime pay)
applies for the purposes of the definition of “normal weekly working hours” in
subsection (4) as it applies for the purposes of that Act.
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(6)
Regulations may make provision for a person to be, or not to be, treated as
working for at least 20 hours per week in cases where the number of hours for
which the person works per week (calculated under subsection (3)) varies from
week to week.
(7)
Where a person works otherwise than under—
35
(a)
a single contract of employment, or
(b)
a single arrangement (in the case of a way of working prescribed under
subsection (1)(b)),

the number of hours for which the person works per week is the aggregate of
the amounts calculated under subsection (3) in relation to each of the contracts
40
or arrangements under which the person works.
(8)
For the purposes of subsection (1)—
(a)
a contract of employment is a short-term contract unless it—
(i)
has a fixed term of 8 weeks or longer, or
(ii)
does not have a fixed term but has been, or can reasonably be
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expected to be, in force for at least 8 weeks;

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 1 — Young persons
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(b)
an arrangement, in the case of a way of working prescribed under
paragraph (b) of that subsection, is a short-term arrangement unless it
has been, or can reasonably be expected to be, in force for at least 8
weeks.
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Relevant training or education
5
(1)
In this Part, “relevant training or education” means training or education
towards an accredited qualification provided by a course or courses.
(2)
For this purpose, “accredited qualification” means a qualification which has
been accredited by the Qualifications and Curriculum Authority under section
24(2)(g) of the Education Act 1997 (c. 44) (functions of the Authority in relation
10
to external vocational and academic qualifications).
7
Relevant period
(1)
In this Part, “relevant period”, in relation to a person, means a period
beginning with a start date and ending with the next end date.
(2)
The following are start dates for the purposes of subsection (1)—
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(a)
a date on which subsection (4) starts to apply to the person;
(b)
the date immediately following the end of a relevant period (if on that
date that subsection still applies to the person).
(3)
The following are end dates for the purposes of subsection (1)—
(a)
a prescribed date;
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(b)
a date on which subsection (4) ceases to apply to the person.
(4)
This subsection applies to a person at any time when—
(a)
this Part applies to the person, and
(b)
the person is not participating in education or training in accordance
with section 2(1)(a) or (b).
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8
Sufficient relevant training or education
(1)
For the purposes of this Part, relevant training or education is “sufficient” in
relation to any relevant period if it amounts in aggregate to—
(a)
at least 280 hours of guided learning, in the case of a relevant period
which is one year;
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(b)
such number of hours of guided learning as is determined in
accordance with regulations, in the case of any other relevant period.
(2)
For the purposes of this Part, a person participates in a particular number of
hours of guided learning by—
(a)
participating in actual guided learning for that number of hours, or
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(b)
completing a course or courses which can reasonably be expected to be
adequate to enable persons completing it or them to achieve any
standard required to attain an accredited qualification to which that
number of hours of guided learning has been assigned.
(3)
In subsection (2)—
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“accredited qualification” has the meaning given by section 6(2);
“actual guided learning”, in relation to a person, means time the person
spends—

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 2 — Local education authorities and educational institutions etc
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(a)
being taught or given instruction by a lecturer, tutor, supervisor
or other appropriate provider of training or education, or
(b)
otherwise participating in education or training under the
immediate guidance or supervision of such a person,
but does not include time spent on unsupervised preparation or study,
5
whether at home or otherwise;
“assigned” means assigned by the Qualifications and Curriculum
Authority under subsection (2)(g) of section 24 of the Education Act
1997 (c. 44) (functions of the Authority in relation to external vocational
and academic qualifications) by virtue of subsection (2B) of that section.
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(4)
Regulations may make provision for attributing to any relevant period a
number of hours of guided learning in which a person participates (or is
treated by the regulations as participating) by virtue of subsection (2)(b) in
cases where courses do not begin and end during a single relevant period.
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Assignment of numbers of hours of guided learning to external qualifications
15
In section 24 of the Education Act 1997 (functions of Qualifications and
Curriculum Authority in relation to external vocational and academic
qualifications), after subsection (2A) insert—
“(2B)
Any accreditation of a qualification under paragraph (g) of subsection
(2) must assign to the qualification a number of notional hours (to be
20
known as “the number of hours of guided learning”) representing an
estimate of the amount of actual guided learning which could
reasonably be expected to be required in order for persons to achieve
the standard required to attain the qualification.
(2C)
Accordingly, criteria published under paragraph (f) of that subsection
25
must include criteria for the assignment of numbers of hours of guided
learning to qualifications mentioned in that paragraph.
(2D)
In subsection (2B), “actual guided learning” means time a person
spends—
(a)
being taught or given instruction by a lecturer, tutor, supervisor
30
or other appropriate provider of training or education, or
(b)
otherwise participating in education or training under the
immediate guidance or supervision of such a person,

but does not include time spent on unsupervised preparation or study,
whether at home or otherwise.”
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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
A local education authority in England must ensure that its functions are (so
40
far as they are capable of being so exercised) exercised so as to promote the
effective participation in education or training of persons belonging to its area

Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 2 — Local education authorities and educational institutions etc
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to whom this Part applies with a view to ensuring that those persons fulfil the
duty imposed by section 2.
Duty to promote good attendance
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Educational institutions: promotion of good attendance
(1)
The governing body of an institution in England to which this section applies
5
must exercise its functions (so far as they are capable of being so exercised) so
as to promote the participation, through regular attendance, of persons to
whom this Part applies and for whom the institution provides education or
training in that education or training.
(2)
This section applies to—
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(a)
a community, foundation or voluntary school;
(b)
a community or foundation special school;
(c)
a pupil referral unit;
(d)
an institution within the further education sector.
(3)
For the purposes of this section, “governing body”—
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(a)
in relation to a pupil referral unit maintained by a local education
authority, means any management committee established for the unit
by virtue of paragraph 15 of Schedule 1 to the Education Act 1996 (c. 56)
or, if there is no such committee, the authority, and
(b)
in relation to an institution within the further education sector has the
20
meaning given by section 90 of the Further and Higher Education Act
1992 (c. 13).
Duty to identify persons not fulfilling duty imposed by section 2
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Duty to make arrangements to identify persons not fulfilling duty imposed
by section 2
25
A local education authority in England must make arrangements to enable it to
establish (so far as it is possible to do so) the identities of persons belonging to
its area to whom this Part applies but who are failing to fulfil the duty imposed
by section 2.
Information
30
13
Notification of non-compliance with duty imposed by section 2
(1)
Where—
(a)
arrangements have been made for a person to whom this Part applies
to participate in education or training provided by an educational
institution in England,
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(b)
the person is not participating in that education or training at a time
when the arrangements call for the person to be so participating, and
(c)
the responsible person has reasonable cause to believe that in
consequence of that failure to participate the person is failing to fulfil
the duty imposed by section 2,
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Education and Skills Bill
Part 1 — Duty to participate in education or training: England
Chapter 2 — Local education authorities and educational institutions etc
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the responsible person must give notice to the appropriate service provider of
those circumstances.
(2)
Where a local education authority—
(a)
itself provides services in exercise of its functions under section 54(1),
and
5
(b)
receives a notice under subsection (1) relating to a person to whom this
Part applies who belongs to the area of another local education
authority,

it must as soon as reasonably practicable give notice to the service provider for
the other local education authority of the circumstances notified to it under
10
subsection (1).
(3)
Subsection (4) applies where, in exercise of its functions under section 54(3)(b),
a local education authority makes arrangements with another person (“the
provider”) for the provision of services.
(4)
The arrangements must secure that, as soon as reasonably practicable after
15
receiving a notice under subsection (1) relating to a person to whom this Part
applies who belongs to the area of another local education authority, the
provider gives notice to the service provider for the other local education
authority of the circumstances notified to the provider under subsection (1).
(5)
In this section—
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“educational institution” means—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school,
(c)
a city technology college, a city college for the technology of the
arts or an Academy,
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(d)
a pupil referral unit,
(e)
an institution within the further education sector, or
(f)
an institution in receipt of funding from the Learning and Skills
Council for England;
“responsible person” means—
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(a)
in relation to a school within paragraph (a) or (b) of the
definition of “educational institution”, the governing body;
(b)
in relation to an institution within paragraph (c) or (f) of that
definition, the proprietor;
(c)
in relation to a pupil referral unit, the local education authority
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by which it is maintained;
(d)
in relation to an institution within the further education sector,
the governing body within the meaning given by section 90 of
the Further and Higher Education Act 1992 (c. 13);
“service provider”, in relation to a local education authority, means—
40
(a)
where the authority itself provides services in exercise of its
functions under subsection (1) of section 54, the authority;
(b)
where, in exercise of its functions under subsection (3)(b) of that
section, the authority makes arrangements for the provision of
services, the person providing those services;
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“the appropriate service provider”, in relation to an educational
institution, means the service provider of the local education authority
in whose area the institution is situated.