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
40

School transport etc
68
Provision of transport etc for persons of sixth form age: duty to consider
journey times
In section 509AB of the Education Act 1996 (c. 56) (further provision about
transport policy statements), in subsection (3)(c)—
5
(a)
for “distance from” substitute “distances, and journey times, between”;
and
(b)
for “of establishments” substitute “and establishments”.
69
Exercise of travel functions by local education authorities in England: duty to
have regard to religion or belief of persons of sixth form age
10
In section 509AD of the Education Act 1996 (LEAs in England: duty to have
regard to religion or belief in exercise of travel functions), in subsection (1), for
the words from “to any wish” to the end substitute—
“(a)
to any wish of a parent of such a person for him to be provided
with education or training at a particular school, institution or
15
other place where that wish is based on the parent’s religion or
belief, and
(b)
in a case where the person in question (or any of the persons in
question) is of sixth form age (within the meaning given in
section 509AC(1)), to any wish of that person to be provided
20
with education or training at a particular school, institution or
other place where that wish is based on the person’s religion or
belief.”
Co-operation as regards 14-19 education and training
70
Co-operation as regards provision of 14-19 education and training
25
(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
(2) or (3).
(2)
The arrangements within this subsection are arrangements to promote co-
30
operation between—
(a)
the children’s authority,
(b)
the authority’s 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
35
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
co-operation between—
(a)
the authorities,
40
(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
training in each of the authorities’ areas.

Education and Skills Bill
Part 3 — Adult skills
41

(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—
“the 2004 Act” means the Children Act 2004 (c. 31);
5
“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
beginning with the start of the academic year in which they attain the
10
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)—
(a)
“education” means full-time or part-time education, but does not
15
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
vocational, social, physical and recreational training;
20
(c)
“academic year” means any period beginning with 1 August and
ending with the next 31 July.
Part 3
Adult skills
Provision of courses of study
25
71
Learning aims for persons aged 19 and over
(1)
The Learning and Skills Act 2000 (c. 21) is amended as follows.
(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
30
that section 4A applies to the provision of those facilities.”
(3)
After section 4 insert—
“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
35
suitable to their requirements.
(2)
Relevant education or training is education (other than higher
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—
40
(a)
have attained the age of 19,

Education and Skills Bill
Part 3 — Adult skills
42

(b)
do 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)
satisfy such conditions as may be specified in regulations made
by the Secretary of State.
5
(4)
Facilities are proper if they are—
(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
10
must—
(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;
15
(c)
take account of the education and training required in different
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
20
exercise choice;
(f)
make the best use of the Council’s resources and in particular
avoid provision which might give rise to disproportionate
expenditure;
(g)
have regard to any guidance given from time to time by the
25
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.
(7)
For the purposes of this section—
30
(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
any description mentioned in Schedule 6 to the Education
35
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 is free to a person falling within subsection (2) if it
40
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,
45
(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

Education and Skills Bill
Part 3 — Adult skills
43

(c)
satisfies such conditions as may be specified in regulations
made by the Secretary of State.
(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
5
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
in question, the person—
(a)
has attained the age of 19 but not the age of 25,
10
(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.
15
(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.
(6)
The Secretary of State may by order—
(a)
amend subsection (2)(a) by substituting a different age for the
20
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.
(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
25
by a person other than—
(a)
the Council, or
(b)
a body specified by order by the Secretary of State for the
purposes of this section.
(8)
In subsection (7), “tuition fees”, in relation to a course, means—
30
(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
as undergoing a preliminary assessment or sitting an
examination) as may be specified in regulations made by the
35
Secretary of State.
4C
Sections 4A and 4B: supplementary
(1)
The Secretary of State may by regulations make provision as to
circumstances in which—
(a)
despite having a specified qualification, a person is to be treated
40
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
treated for any of those purposes as having that qualification.
(2)
A condition specified in regulations under section 4A or 4B may, in
45
particular, relate to—
(a)
the possession, or lack, of a specified qualification;

Education and Skills Bill
Part 3 — Adult skills
44

(b)
the completion of, or failure to complete, a course for a specified
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
5
function (which may relate to the administration of an assessment and
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.”
10
(4)
In section 13 (Council’s duty to have regard to needs of persons with learning
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)
15
applies”.
(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.
20
(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—
25
“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—
30
(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
35
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.

Education and Skills Bill
Part 3 — Adult skills
45

      (2)
The regulations may specify qualifications, or descriptions of
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.
5
      (3)
The regulations may make provision which applies subject to
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
10
4
Level 1 literacy is the level of attainment in literacy which, 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.
Entry level 3 numeracy
15
5
Entry level 3 numeracy is the level of attainment in numeracy which,
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.
Level 2
20
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.
Level 3
25
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.
Advice and information
30
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
(b)
the Qualifications and Curriculum Authority.
35
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
to in Part 1;
40

Education and Skills Bill
Part 3 — Adult skills
46

(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
remove every category of qualification to which a paragraph of Part
5
1 for the time being applies.”
Assessments of effectiveness of education or training
72
Benefit and training information
(1)
Information within subsection (2) or (3) may be—
(a)
used in connection with the exercise of an assessment function of the
10
Secretary of State or a devolved authority, or
(b)
disclosed to a person for use in connection with the exercise of an
assessment function of the Secretary of State or a devolved authority.
(2)
Information is within this subsection if—
(a)
it is about an individual who has attained the age of 19, and
15
(b)
it is held by the Secretary of State for the purposes of any function of the
Secretary of State relating to social security.
(3)
Information is within this subsection if—
(a)
it is about an individual who has attained the age of 19,
(b)
it is held by the Secretary of State or a devolved authority, and
20
(c)
it relates to any training or course of education undertaken by the
individual (whether before or after the individual attained the age of
19).
(4)
For the purposes of this section and sections 73 to 75, “assessment function”
means any of the following functions—
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.
73
Revenue and Customs information
(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose
information relating to income tax or tax credits to a person for use in
connection with the exercise of an assessment function of the Secretary of State
35
or a devolved authority.
(2)
The reference in subsection (1) to the Commissioners for Her Majesty’s
Revenue and Customs includes a reference to a person authorised by the
Commissioners.