Education and Skills Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
77

135
Sixth form admissions etc: appeals
(1)
Section 94 of the School Standards and Framework Act 1998 (c. 31) (appeal
arrangements: general) is amended as follows.
(2)
In subsection (1)—
(a)
for “the parent of a child” substitute “the appropriate person”;
5
(b)
before paragraph (a) insert—
“(za)
in a case where the local education authority are the
admissions authority, any decision made by or on behalf
of the authority refusing a child admission to a school,”;
(c)
in paragraph (a)—
10
(i)
for “any decision” substitute “any other decision”, and
(ii)
for “the child” substitute “a child”;
(d)
in paragraph (b), for “the child” substitute “a child”.
(3)
In subsection (1A), for “the parent of” substitute “the appropriate person in
relation to”.
15
(4)
In subsection (2)—
(a)
for “the parent of a child” substitute “the appropriate person”;
(b)
for “the child” substitute “a child”.
(5)
In subsection (2A), for “the parent of” substitute “the appropriate person in
relation to”.
20
(6)
After that subsection insert—
“(2B)
In this section, “the appropriate person”, in relation to a child, means—
(a)
in the case of a decision made in relation to a preference
expressed in accordance with arrangements made under
section 86A(1) as to where education should be provided for the
25
child any of the following—
(i)
the child;
(ii)
a parent of his;
(iii)
the child and a parent of his, acting jointly;

(but subject to regulations made under subsection (5A));
30
(b)
in any other case, a parent of the child.”
(7)
In subsection (5A), after paragraph (a) insert—
“(aa)
in cases where separate appeals are made by a parent and a
child against a decision made in relation to a preference
expressed in accordance with arrangements made under
35
section 86A(1), for the appeals to be joined, or otherwise for
securing that no more than one appeal against the decision is
proceeded with;”.
136
Meaning of “sixth form education” etc
After section 98 of the School Standards and Framework Act 1998 insert—
40
“98A
Meaning of “sixth form education” etc
(1)
In this Chapter, “sixth form education” means secondary education
suitable to the requirements of pupils who are over compulsory school
age.

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
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(2)
References in this Chapter, in relation to a child who has been admitted
to a school, to his entering the school’s sixth form are to his being
transferred to a class at the school in which sixth form education is
provided from a class in which such education is not so provided.”
Maintained schools in England: behaviour and attendance etc
5
137
Power of governing body: educational provision for improving behaviour
After section 29 of the Education Act 2002 (c. 32) insert—
“29A
Power of governing body in England: educational provision for
improving behaviour
(1)
The governing body of a maintained school in England may require
10
any registered pupil to attend at any place outside the school premises
for the purpose of receiving educational provision which is intended to
improve the behaviour of the pupil.
(2)
In subsection (1) “maintained school” does not include a maintained
nursery school.
15
(3)
Regulations must make provision—
(a)
requiring prescribed persons to be given prescribed
information relating to the imposition of any requirement
under subsection (1), and
(b)
requiring the governing body of the school to keep under
20
review the imposition of any such requirement.
(4)
Regulations under this section may also make provision—
(a)
requiring a governing body exercising functions under
subsection (1) or under the regulations to have regard to any
guidance given from time to time by the Secretary of State,
25
(b)
requiring the governing body to request prescribed persons to
participate in any review of the imposition of any such
requirement,
(c)
about the time within which the first review must be held and
the intervals at which subsequent reviews must be held, and
30
(d)
in relation to any other matter relating to the exercise of the
power conferred by subsection (1).”
138
Application of s.444 of Education Act 1996 to alternative education provision
(1)
Section 444ZA of the Education Act 1996 (c. 56) (application of section 444 to
alternative education provision) is amended as follows.
35
(2)
After subsection (1) insert—
“(1A)
Where—
(a)
a child of compulsory school age has been excluded for a fixed
period on disciplinary grounds from a relevant school in
England,
40
(b)
the child remains for the time being a registered pupil at the
school,

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Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
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(c)
the appropriate authority for the school has made arrangements
under section 19 above or section 100 of the Education and
Inspections Act 2006 for the provision of full-time education for
the child otherwise than at the school or at the child’s home
during the period of exclusion, and
5
(d)
notice in writing of the arrangements has been given to the
child’s parent,

subsections (1) to (7) of section 444 have effect during that period as if
the child were not a registered pupil at the school and as if the place at
which the education is provided were a school and the child were a
10
registered pupil at that school (so far as that would not otherwise be the
case).
(1B)
Where—
(a)
a child of compulsory school age who is a registered pupil at a
relevant school in England is required by the appropriate
15
authority for the school to attend at a place outside the school
premises for the purpose of receiving any educational
provision, and
(b)
notice in writing of the requirement has been given to the
child’s parent,
20

subsections (1) to (7) of section 444 have effect as if the place at which
the child is required to attend were a school and the child were a
registered pupil at that school (in addition to being a registered pupil at
the school mentioned in paragraph (a)).
(1C)
Subsection (1B) does not apply if—
25
(a)
the place at which the child is required to attend is another
relevant school (whether in England or elsewhere), and
(b)
the child is a registered pupil at that other school.
(1D)
In relation to a maintained school or a pupil referral unit—
(a)
references in subsection (1A) to exclusion are references to
30
exclusion under section 52 of the Education Act 2002, and
(b)
the requirement referred to in subsection (1B) is a requirement
imposed under section 29(3) or 29A(1) of that Act.”
(3)
In subsection (2)(a), after “relevant school” insert “in Wales”.
(4)
In subsection (4)—
35
(a)
in paragraph (a), after “within subsection (1)” insert “or (1A)”;
(b)
in paragraph (b), after “within subsection” insert “(1B) or”; and
(c)
in the words following that paragraph, after “(1)(b)” insert “, (1A)(d),
(1B)(b)”.
(5)
In subsection (5), after “(1)(b)” insert “, (1A)(d), (1B)(b)”.
40
(6)
In subsection (6), after “subsection (1)” (in both places) insert “or (1A)”.
(7)
In subsection (7)—
(a)
after paragraph (a) insert—
“(aa)
in relation to a place at which education is provided as
mentioned in subsection (1A) of this section, means
45
leave granted by any person authorised to do so by the
appropriate authority for the school;”; and

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
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(b)
in paragraph (b), after “subsection” insert “(1B)(a) or”.
External qualifications
139
Approved external qualifications: England
(1)
Section 98 of the Learning and Skills Act 2000 (c. 21) (approved qualifications:
England) is amended as follows.
5
(2)
After subsection (2) insert—
“(2A)
A body may be designated under subsection (2)(b) in relation to the
giving of approvals under—
(a)
section 96,
(b)
section 97, or
10
(c)
both of those sections.”
(3)
Omit subsection (4) (which renders an approval given by a designated body
ineffective unless the Secretary of State consents to the approval).
140
Approved external qualifications: Wales
(1)
Section 99 of the Learning and Skills Act 2000 (approved qualifications: Wales)
15
is amended as follows.
(2)
After subsection (2) insert—
“(2A)
A body may be designated under subsection (2)(b) in relation to the
giving of approvals under—
(a)
section 96,
20
(b)
section 97, or
(c)
both of those sections.”
(3)
Omit subsection (4) (which renders an approval given by a designated body
ineffective unless the Welsh Ministers consent to the approval).
141
Functions of Qualifications and Curriculum Authority in England and
25
Northern Ireland
(1)
The Education Act 1997 (c. 44) is amended as follows.
(2)
Section 24 (functions of QCA in relation to external vocational and academic
qualifications) is amended as follows.
(3)
In subsection (2)—
30
(a)
for paragraph (f) substitute—
“(ea)
to develop and publish criteria for the recognition of
persons who, as outside persons, award or authenticate
such qualifications or credits in respect of components
of such qualifications;
35
(eb)
to recognise, where they meet such criteria, any such
persons who apply to be recognised;
(f)
to develop and publish criteria for the accreditation of
such qualifications where they are awarded or

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Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
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authenticated by persons recognised under paragraph
(eb);”; and
(b)
after paragraph (g) insert—
“(ga)
to develop and publish rules and procedures for dealing
with the effect on the continued accreditation of such
5
qualifications where any person awarding or
authenticating them ceases to be recognised;”.
(4)
In subsection (4), for “(g)” substitute “(ga)”.
(5)
In subsection (7)—
(a)
in paragraph (a), after “a qualification” insert “or a credit in respect of a
10
component of a qualification” and after “the qualification” insert “or
component”; and
(b)
in paragraph (b), after “a qualification” insert “or a credit in respect of
a component of a qualification”.
(6)
Section 26 (supplementary provisions relating to discharge by QCA of their
15
functions) is amended as follows.
(7)
In subsection (3), after “the Authority” insert “recognise any person or”.
(8)
In subsection (3A)—
(a)
after “the Authority” insert “recognise any person or”;
(b)
after “at the time of” insert “recognition or of”;
20
(c)
after “conditions on” insert “recognition or”; and
(d)
after “continued” insert “recognition or”.
(9)
In subsection (4)(b)(i), for the words from “maintained” to “receiving the
accreditation” substitute “maintained by the recognised person in question in
relation to the award or authentication of qualifications generally or in relation
25
to the award or authentication of the qualification in question”.
(10)
Section 26A (power of QCA to give directions) is amended as follows.
(11)
For subsection (1) substitute—
“(1)
If it appears to the Qualifications and Curriculum Authority—
(a)
that any recognised person has failed or is likely to fail to
30
comply with any condition subject to which the recognition has
effect, and
(b)
that the failure—
(i)
prejudices or would be likely to prejudice the proper
award or authentication by that person of any
35
accredited qualification, or
(ii)
prejudices or would be likely to prejudice persons who
might reasonably be expected to seek to obtain any
accredited qualification awarded or authenticated by
that person,
40

the Authority may direct the recognised person to take or refrain from
taking specified steps with a view to securing compliance with the
conditions subject to which the recognition has effect.
(1A)
If it appears to the Authority—

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Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
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(a)
that any person who awards or authenticates any accredited
qualification has failed or is likely to fail to comply with any
condition subject to which the accreditation has effect, and
(b)
that the failure—
(i)
prejudices or would be likely to prejudice the proper
5
award or authentication of the qualification, or
(ii)
prejudices or would be likely to prejudice persons who
might reasonably be expected to seek to obtain the
qualification,

the Authority may direct the person mentioned in paragraph (a) to take
10
or refrain from taking specified steps with a view to securing
compliance with the conditions subject to which the accreditation has
effect.”
(12)
In subsection (2), for “the awarding body” substitute “the recognised person or
(as the case may be) the person mentioned in subsection (1A)(a)”.
15
(13)
After subsection (3) insert—
“(4)
In this section—
“accredited qualification” means a qualification accredited by the
Authority, and
“recognised person” means a person recognised by the Authority.
20
(5)
In this section any reference to the award or authentication of any
qualification by any person is a reference to its award or authentication
by any person alone or jointly with others.”
142
Functions of Welsh Ministers etc
(1)
The Education Act 1997 (c. 44) is amended as follows.
25
(2)
Section 30 (functions in Wales in relation to external vocational and academic
qualifications) is amended as follows.
(3)
In subsection (1)—
(a)
the existing paragraphs (i) to (vi) are re-numbered as paragraphs (a) to
(f);
30
(b)
for paragraph (d) (as re-numbered) substitute—
“(ca)
to develop and publish criteria for the recognition of
persons who, as outside persons, award or authenticate
such qualifications or credits in respect of components
of such qualifications;
35
(cb)
to recognise, where they meet such criteria, any such
persons who apply to be recognised;
(d)
to develop and publish criteria for the accreditation of
such qualifications where they are awarded or
authenticated by persons recognised under paragraph
40
(cb);”; and
(c)
after paragraph (e) (as re-numbered) insert—
“(ea)
to develop and publish rules and procedures for dealing
with the effect on the continued accreditation of such
qualifications where any person awarding or
45
authenticating them ceases to be recognised;”.

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Chapter 2 — Miscellaneous
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(4)
For subsections (1B) and (1C) substitute—
“(1B)
The following functions are exercisable solely by the Welsh Ministers—
(a)
the functions set out in paragraphs (ca) and (cb) of subsection
(1); and
(b)
the functions set out in the other paragraphs of that subsection
5
so far as they relate to external qualifications other than
National Vocational Qualifications.
(1C)
The functions set out in those other paragraphs so far as they relate to
National Vocations Qualifications are exercisable as follows—
(a)
the functions set out in paragraphs (a) to (c), (d) and (ea) of
10
subsection (1) are exercisable concurrently by the Welsh
Ministers and the Qualifications and Curriculum Authority;
and
(b)
the functions set out in paragraphs (e) and (f) of that subsection
are exercisable solely by the Qualifications and Curriculum
15
Authority.
(1D)
Subsections (1B) and (1C) are subject to any exercise of the power
conferred by subsection (2).”
(5)
After subsection (5) insert—
“(6)
Subsection (7) of section 24 (interpretation of references to the award or
20
authentication by outside persons of external qualifications or credits in
respect of components of them) applies for the purposes of this section
as it applies for the purposes of that section.”
(6)
Section 32 (supplementary provisions relating to discharge by Welsh Ministers
of their functions) is amended as follows.
25
(7)
In subsection (3), before “accredits” insert “recognises any person or”.
(8)
In subsection (3A)—
(a)
before “accredits” insert “recognises any person or”;
(b)
after “at the time of” insert “recognition or of”;
(c)
after “conditions on” insert “recognition or”; and
30
(d)
after “continued” insert “recognition or”.
(9)
In subsection (4)(b)(i), for the words from “maintained” to “receiving the
accreditation” substitute “maintained by the recognised person in question in
relation to the award or authentication of qualifications generally or in relation
to the award or authentication of the qualification in question”.
35
(10)
For section 32A substitute—
“32A
Power of Welsh Ministers to give directions
(1)
If it appears to the Welsh Ministers—
(a)
that any recognised person has failed or is likely to fail to
comply with any condition subject to which the recognition has
40
effect, and
(b)
that the failure—
(i)
prejudices or would be likely to prejudice the proper
award or authentication by that person of any