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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,

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(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

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(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

 
 

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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

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(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—

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“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.

 
 

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Part 3 — Adult skills

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      (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.

 
 

 
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