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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

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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

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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

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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

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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

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“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.

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(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

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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).

 
 

 
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