|
| |
|
| |
68 | Provision of transport etc for persons of sixth form age: duty to consider |
| |
| |
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”; |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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) | The arrangements within this subsection are arrangements to promote co- |
| 30 |
| |
(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 |
| |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
“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. |
| |
| |
| |
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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | of a quality adequate to meet those needs. |
| |
(5) | In performing the duty imposed on it by subsection (1) the Council |
| 10 |
| |
(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 |
| |
| 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 |
| |
(f) | make the best use of the Council’s resources and in particular |
| |
avoid provision which might give rise to disproportionate |
| |
| |
(g) | have regard to any guidance given from time to time by the |
| 25 |
| |
(6) | Provision is not to be considered as giving rise to disproportionate |
| |
expenditure only because that provision is more expensive than |
| |
| |
(7) | For the purposes of this section— |
| 30 |
(a) | education includes both full-time education and part-time |
| |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(4) | A person falls within this subsection if, at the time of starting the course |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
4C | Sections 4A and 4B: supplementary |
| |
(1) | The Secretary of State may by regulations make provision as to |
| |
| |
(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 |
| |
| |
(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 |
| |
(a) | the possession, or lack, of a specified qualification; |
| |
|
| |
|
| |
|
(b) | the completion of, or failure to complete, a course for a specified |
| |
| |
(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 |
| |
| 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) |
| |
| |
(6) | In subsection (2A), at the end insert “or an order to which subsection (2C) |
| 15 |
| |
(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 |
| |
Learning aims for persons aged 19 and over |
| |
| |
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. |
| |
| 35 |
| |
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. |
| |
|
| |
|
| |
|
(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. |
| |
| 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. |
| |
| 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. |
| |
| 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 |
| |
| |
| 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 |
| |
| |
| 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— |
| |
| |
(b) | the Qualifications and Curriculum Authority. |
| 35 |
| |
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 |
| |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
|
| |
|