|
| |
|
qualification accredited by them or by the Qualifications |
| |
and Curriculum Authority, or |
| |
(ii) | prejudices or would be likely to prejudice persons who |
| |
might reasonably be expected to seek to obtain any such |
| |
qualification awarded or authenticated by that person, |
| 5 |
| the Welsh Ministers 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. |
| |
(2) | If it appears to the Welsh Ministers— |
| |
(a) | that any recognised person who awards or authenticates any |
| 10 |
qualification accredited by them has failed or is likely to fail to |
| |
comply with any condition subject to which the accreditation |
| |
| |
| |
(i) | prejudices or would be likely to prejudice the proper |
| 15 |
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 |
| |
| |
| the Welsh Ministers may direct the recognised person to take or refrain |
| 20 |
from taking specified steps with a view to securing compliance with the |
| |
conditions subject to which the accreditation has effect. |
| |
(3) | It shall be the duty of the recognised person to comply with any |
| |
direction under this section. |
| |
(4) | Any direction under this section is enforceable, on the application of the |
| 25 |
Welsh Ministers, by a mandatory order. |
| |
(5) | In this section “recognised person” means a person recognised by the |
| |
| |
(6) | In this section any reference to the award or authentication of any |
| |
qualification by any person is a reference to its award or authentication |
| 30 |
by any person alone or jointly with others.” |
| |
143 | Functions of Qualifications and Curriculum Authority in Northern Ireland in |
| |
relation to vocational qualifications |
| |
(1) | In section 24 of the Education Act 1997 (c. 44) (functions of QCA in relation to |
| |
external vocational and academic qualifications), in subsection (4), for |
| 35 |
“National Vocational Qualifications” substitute “external qualifications which |
| |
are vocational qualifications”. |
| |
(2) | In section 58 of that Act (extent etc.), in subsection (6), for “section 24(4)” |
| |
substitute “section 24(4), (6) and (7)”. |
| |
Inspections of teacher training |
| 40 |
144 | Inspections of teacher training in England: removal of duty to notify |
| |
In section 18B(7) of the Education Act 1994 (c. 30) (period of notice to be given |
| |
of inspections of teacher training), after “subsection (1)” insert “of training |
| |
provided by a training provider in Wales”. |
| |
|
| |
|
| |
|
| |
145 | Constitution of schools forums |
| |
(1) | Section 47A of the School Standards and Framework Act 1998 (c. 31) (schools |
| |
forums) is amended as follows. |
| |
(2) | For subsection (1) substitute— |
| 5 |
“(1) | Every local education authority must, in accordance with regulations, |
| |
establish for their area a body to be known as a schools forum.” |
| |
(3) | After subsection (4) insert— |
| |
“(4A) | Regulations must provide for a schools forum to include— |
| |
(a) | members representing governing bodies of schools maintained |
| 10 |
by the relevant authority, and |
| |
(b) | members representing head teachers of such schools. |
| |
(4B) | Regulations may provide for a schools forum to include— |
| |
(a) | members representing such other persons— |
| |
(i) | as may be prescribed, or |
| 15 |
(ii) | as the relevant authority may from time to time, in |
| |
accordance with regulations, determine, and |
| |
| |
| and may make further provision as to the constitution of a schools |
| |
| 20 |
(4) | In subsection (5), omit “the constitution”. |
| |
| |
| |
146 | Orders and regulations |
| |
(1) | The following are to be made by statutory instrument— |
| 25 |
(a) | orders and regulations made by the Secretary of State under this Act; |
| |
(b) | orders made by the Welsh Ministers under section 153. |
| |
(2) | A statutory instrument containing— |
| |
(a) | an order under section 3(5), |
| |
(b) | regulations under section 5(1)(b) or section 49, |
| 30 |
(c) | regulations under section 118(1), or |
| |
(d) | regulations under section 150 which amend or repeal any provision of |
| |
| |
| may not be made unless a draft of the instrument has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| 35 |
(3) | A statutory instrument containing any other order or regulations under this |
| |
Act, other than an order under section 153, is subject to annulment in |
| |
pursuance of a resolution of either House of Parliament. |
| |
(4) | Any power of the Secretary of State to make an order or regulations under this |
| |
| 40 |
|
| |
|
| |
|
(a) | to make different provision for different cases, circumstances or areas, |
| |
(b) | to make provision generally or in relation to specific cases, and |
| |
(c) | to make such incidental, supplementary, transitional, transitory or |
| |
saving provision as the Secretary of State thinks fit. |
| |
147 | Functions to be exercisable by Welsh Ministers |
| 5 |
Any function conferred on the Secretary of State by section 134, 135 or 145, so |
| |
far as exercisable in relation to Wales, is to be taken to be transferred, |
| |
immediately after that section comes into force in relation to Wales, to the |
| |
Welsh Ministers by an Order in Council under section 58 of the Government of |
| |
| 10 |
148 | General interpretation |
| |
(1) | Subject to subsections (3) and (4), the Education Act 1996 (c. 56) and the |
| |
provisions of this Act specified in subsection (2) are to be construed as if those |
| |
provisions were contained in that Act. |
| |
(2) | The provisions of this Act referred to in subsection (1) are— |
| 15 |
(a) | Part 1 (other than section 9 and sections 31 to 33); |
| |
| |
| |
| |
(3) | Where an expression is given for the purposes of any provision falling within |
| 20 |
subsection (2) a meaning different from that given to it for the purposes of the |
| |
Education Act 1996, the meaning given for the purposes of that provision is to |
| |
apply instead of the one given for the purposes of that Act. |
| |
(4) | Sections 561 and 562 of the Education Act 1996 (Act not to apply to persons in |
| |
service of the Crown or persons detained under order of a court) do not apply |
| 25 |
for the purposes of Part 1. |
| |
(5) | Unless the context otherwise requires, any reference in this Act to a |
| |
community, foundation or voluntary school or a community or foundation |
| |
special school is to such a school within the meaning of the School Standards |
| |
and Framework Act 1998 (c. 31). |
| 30 |
149 | Minor and consequential amendments, repeals and revocations |
| |
(1) | Schedule 1 has effect to make minor and consequential amendments. |
| |
(2) | The provisions mentioned in Schedule 2 are repealed or revoked to the extent |
| |
| |
150 | Power to make consequential and transitional provision etc. |
| 35 |
(1) | The Secretary of State may by regulations make— |
| |
(a) | such supplementary, incidental or consequential provision, or |
| |
(b) | such transitory, transitional or saving provision, |
| |
| as the Secretary of State considers necessary or expedient for the purposes of, |
| |
in consequence of or for giving full effect to, any provision of this Act. |
| 40 |
(2) | Regulations under this section may in particular— |
| |
|
| |
|
| |
|
(a) | provide for any provision of this Act which comes into force before |
| |
another provision (of this or any other Act or in subordinate legislation) |
| |
has come into force to have effect, until that other provision has come |
| |
into force, with specified modifications; |
| |
(b) | amend, repeal or revoke any provision of— |
| 5 |
(i) | an Act passed before or in the same Session as this Act, or |
| |
(ii) | subordinate legislation made before the passing of this Act. |
| |
(3) | Nothing in this section limits the powers conferred by section 146(4)(c) or |
| |
| |
(4) | The amendments that may be made by virtue of subsection (2)(b) are in |
| 10 |
addition to those that are made by any other provision of this Act. |
| |
(5) | In this section “subordinate legislation” has the same meaning as in the |
| |
Interpretation Act 1978 (c. 30). |
| |
| |
(1) | There are to be paid out of money provided by Parliament— |
| 15 |
(a) | any expenditure incurred by the Secretary of State or the Office for |
| |
Standards in Education, Children’s Services and Skills by virtue of this |
| |
| |
(b) | any increase attributable to this Act in the sums which by virtue of any |
| |
other Act are payable out of money provided by Parliament. |
| 20 |
(2) | Any sums received by the Secretary of State or Her Majesty’s Chief Inspector |
| |
of Education, Children’s Services and Skills by virtue of this Act are to be paid |
| |
into the Consolidated Fund. |
| |
| |
(1) | Subject as follows, this Act extends to England and Wales only. |
| 25 |
(2) | Sections 72 to 76 extend to England and Wales and Scotland. |
| |
(3) | The following provisions extend to England and Wales, Scotland and Northern |
| |
| |
| |
| 30 |
| |
| |
(4) | Any amendment, repeal or revocation made by this Act has the same extent as |
| |
the provision to which it relates. |
| |
| 35 |
(1) | The following provisions of this Act come into force on the day on which it is |
| |
| |
(a) | section 65, paragraphs 62 to 64 of Schedule 1 and the repeal in Schedule |
| |
2 relating to section 140 of the Learning and Skills Act 2000 (c. 21) (and |
| |
section 149 so far as relating to those paragraphs and that repeal); |
| 40 |
| |
| |
|
| |
|
| |
|
| |
| |
(f) | paragraph 66 of Schedule 1. |
| |
(2) | Sections 133 and 144 come into force at the end of the period of 2 months |
| |
beginning with the day on which this Act is passed. |
| 5 |
(3) | The following provisions, so far as they apply in relation to Wales, come into |
| |
force in accordance with provision made by the Welsh Ministers by order— |
| |
| |
| |
| 10 |
(d) | paragraphs 55 to 61 of Schedule 1 (and section 149 so far as relating to |
| |
| |
(e) | the repeals and revocations in Schedule 2 so far as relating to— |
| |
(i) | sections 86 and 94 of the School Standards and Framework Act |
| |
| 15 |
(ii) | section 99(4) of the Learning and Skills Act 2000 (c. 21), |
| |
(iii) | Schedules 4 and 17 to the Education Act 2002 (c. 32), |
| |
(iv) | paragraphs 19 and 20 of Schedule 1 to the Qualifications, |
| |
Curriculum and Assessment Authority for Wales (Transfer of |
| |
Functions to the National Assembly for Wales and Abolition) |
| 20 |
Order 2005 (S.I. 2005/3239), |
| |
| (and section 149 so far as relating to those repeals and revocations). |
| |
(4) | The remaining provisions of this Act come into force in accordance with |
| |
provision made by the Secretary of State by order. |
| |
(5) | Before making an order under subsection (4) containing provision for the |
| 25 |
coming into force of sections 72 to 76, the Secretary of State must consult the |
| |
Scottish Ministers and the Welsh Ministers. |
| |
(6) | Before making an order under subsection (4) containing provision for the |
| |
coming into force of section 141(4) or 143, the Secretary of State must consult |
| |
the Department for Employment and Learning in Northern Ireland. |
| 30 |
(7) | An order under this section may— |
| |
(a) | make provision generally or for specified purposes only; |
| |
(b) | make different provision for different purposes and in relation to |
| |
| |
(c) | contain such transitory and transitional provisions and savings as the |
| 35 |
person making the order thinks fit. |
| |
(8) | An order under subsection (4) may provide for Part 1 to come into force with |
| |
the substitution in sections 1(b) and 26(1)(b) of “the first anniversary of the date |
| |
on which the person ceased to be of compulsory school age” for “the age of 18”. |
| |
(9) | The Secretary of State must— |
| 40 |
(a) | exercise the powers conferred by subsections (4) and (8) so as to secure |
| |
that Part 1 is in force with those substitutions no later than the day after |
| |
the day which is the school leaving date for 2013, and |
| |
(b) | exercise the power conferred by subsection (4) so as to secure that Part |
| |
1 is in force without those substitutions no later than the day after the |
| 45 |
day which is the school leaving date for 2015, |
| |
| subject, in each case, to any provision made by virtue of subsection (7). |
| |
|
| |
|