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 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
84

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
has effect, and
(b)
that the failure—
(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
qualification,

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
Welsh Ministers.
(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”.

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
85

Schools forums
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
(b)
other members,

and may make further provision as to the constitution of a schools
forum.”
20
(4)
In subsection (5), omit “the constitution”.
Chapter 3
General
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
an Act,

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
Act includes power—
40

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
86

(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
Wales Act 2006 (c. 32).
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);
(b)
Chapter 1 of Part 4;
(c)
section 132;
(d)
section 153(9).
(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
specified.
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—

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
87

(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
153(7)(c).
(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).
151
Financial provisions
(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
Act, and
(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.
152
Extent
(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
Ireland—
(a)
section 146;
(b)
section 150;
30
(c)
this section;
(d)
sections 153 and 154.
(4)
Any amendment, repeal or revocation made by this Act has the same extent as
the provision to which it relates.
153
Commencement
35
(1)
The following provisions of this Act come into force on the day on which it is
passed—
(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
(b)
sections 146 to 148;
(c)
sections 150 to 152;

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 3 — General
88

(d)
this section;
(e)
section 154;
(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—
(a)
sections 134 to 136;
(b)
sections 140 and 142;
(c)
section 145;
10
(d)
paragraphs 55 to 61 of Schedule 1 (and section 149 so far as relating to
those paragraphs);
(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
1998 (c. 31),
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
different areas; and
(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).