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School behaviour partnerships |
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235 | Co-operation with a view to promoting good behaviour, etc.: England |
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(1) | A “relevant partner” for the purposes of this section is— |
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(a) | the governing body of a maintained secondary school in England; |
| |
(b) | the proprietor of an Academy, city technology college or city college for |
| 5 |
the technology of the arts in England. |
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(2) | A relevant partner must make arrangements with at least one other relevant |
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partner in their area to co-operate with each other with a view to— |
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(a) | promoting good behaviour and discipline on the part of pupils; |
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(b) | reducing persistent absence by pupils. |
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(3) | In performing their duties under this section, relevant partners must have |
| |
regard to any guidance given from time to time by the Secretary of State. |
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(4) | For the purposes of this section— |
| |
(a) | the area of a governing body of a maintained secondary school is the |
| |
area of the local education authority by which the school is maintained; |
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(b) | the area of an Academy, city technology college or city college for the |
| |
technology of the arts is the area of the local education authority in |
| |
whose area the school is situated. |
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(5) | In this section “maintained secondary school” means— |
| |
(a) | a community, foundation or voluntary school that provides secondary |
| 20 |
| |
(b) | a community or foundation special school that provides secondary |
| |
| |
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236 | Short stay schools: miscellaneous |
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(1) | A school established in England and falling within section 19(2B) of the |
| |
Education Act 1996 (c. 56) (pupil referral units) is to be known from the day on |
| |
which this subsection comes into force as a “short stay school”. |
| |
(2) | The Secretary of State may by order make amendments consequential on the |
| |
change of name effected by subsection (1) to— |
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(a) | any enactment (including this Act) passed on or before the last day of |
| |
the Session in which this Act is passed; |
| |
(b) | an instrument made under an Act before the passing of this Act. |
| |
(3) | After paragraph 3 of Schedule 1 to the Education Act 1996 (short stay schools: |
| |
further provision) insert— |
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“3A | Regulations may also— |
| |
(a) | require a local education authority in England to obtain the |
| |
consent of the Secretary of State, in specified circumstances, |
| |
to the closure of a short stay school; |
| |
(b) | confer a power on the Secretary of State to give directions to |
| 40 |
a local education authority in England about the exercise of— |
| |
(i) | their functions under section 19; |
| |
|
| |
|
| |
|
(ii) | their functions under any enactment applied to short |
| |
stay schools (with or without modifications) by |
| |
regulations under paragraph 3; |
| |
(iii) | any other function connected with short stay schools; |
| |
(c) | require a local education authority to comply with such |
| 5 |
| |
| |
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Information about local authority expenditure |
| |
237 | Information about planned and actual expenditure |
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(1) | The Secretary of State may direct a local authority in England to provide |
| |
information about its planned and actual expenditure in connection with— |
| |
(a) | its education functions; |
| |
(b) | its children’s social services functions. |
| |
(2) | The Secretary of State may also direct a local authority in England to provide |
| 15 |
information about accountable resources held, received or expended by any |
| |
person in relation to a school maintained by the authority. |
| |
(3) | Information to which a direction under this section relates must be provided in |
| |
accordance with the direction. |
| |
(4) | A direction under this section may (in particular) include provision about— |
| 20 |
(a) | the period to which information is to relate; |
| |
(b) | the form and manner in which information is to be provided; |
| |
(c) | the persons to whom information is to be provided; |
| |
(d) | the publication of information. |
| |
(5) | If a direction under this section requires information to be provided to a person |
| 25 |
other than the Secretary of State, the direction may also require that person to |
| |
make the information available for inspection in accordance with the direction. |
| |
238 | Information about expenditure: supplementary |
| |
(1) | This section applies for the purposes of section 237. |
| |
(2) | The education functions of a local authority in England are the functions |
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conferred on or exercisable by the authority in its capacity as a local education |
| |
| |
(3) | The children’s social services functions of a local authority in England are— |
| |
(a) | functions conferred on or exercisable by the authority which are social |
| |
services functions, so far as those functions relate to children; |
| 35 |
(b) | functions conferred on the authority under sections 23C to 24D of the |
| |
Children Act 1989 (c. 41), so far as not within paragraph (a); |
| |
(c) | functions conferred on the authority, in its capacity as a children’s |
| |
services authority in England, under sections 10, 11, 12 and 17 of the |
| |
Children Act 2004 (c. 31). |
| 40 |
|
| |
|
| |
|
(4) | “Accountable resources”, in relation to a school maintained by a local |
| |
authority, means resources that are not provided by the authority in its |
| |
capacity as a local education authority, but in respect of which an obligation is |
| |
imposed on the school’s governing body by virtue of regulations under section |
| |
44 of the Education Act 2002 (c. 32) (accounts of maintained schools). |
| 5 |
(5) | The Secretary of State may by order amend this section for one or more of the |
| |
| |
(a) | adding to the functions that are education functions or children’s social |
| |
| |
(b) | removing or changing the description of functions that are education |
| 10 |
functions or children’s social services functions. |
| |
| |
“children’s services authority in England” has the meaning given by |
| |
section 65(1) of the Children Act 2004 (c. 31); |
| |
“social services functions” has the same meaning as in the Local Authority |
| 15 |
Social Services Act 1970 (c. 42) (see section 1A of that Act). |
| |
239 | Information about expenditure: consequential amendments |
| |
(1) | The School Standards and Framework Act 1998 (c. 31) is amended as follows. |
| |
(2) | In section 52 (the title of which becomes “Financial statements: Wales”), in |
| |
subsections (1) and (2) after “local education authority” insert “in Wales”. |
| 20 |
(3) | Omit section 53 (certification of statements by Audit Commission). |
| |
Support for participation in education and training |
| |
240 | Provision of social security information for purposes of functions under |
| |
Education and Skills Act 2008 |
| |
(1) | The Education and Skills Act 2008 (c. 25) is amended as follows. |
| 25 |
(2) | Omit section 15 (supply of social security information for purposes of Part 1). |
| |
(3) | Section 17 (sharing and use of information held for purposes of support |
| |
services or functions under Part 1) is amended as follows. |
| |
(4) | In subsection (1), for “provide relevant information to each other” substitute |
| |
| 30 |
(a) | provide relevant information to each other; |
| |
(b) | make arrangements for the holding by either of them of |
| |
information provided, or which could be provided, under |
| |
| |
(5) | In subsection (7), in the definition of “relevant information”, after paragraph |
| 35 |
| |
“but does not include information provided under section 72 of the |
| |
Welfare Reform and Pensions Act 1999;”. |
| |
| |
“(8) | Nothing in this section authorises the disclosure of any information in |
| 40 |
contravention of any provision of, or made under, this or any other Act |
| |
|
| |
|
| |
|
(whenever passed or made) which prevents disclosure of the |
| |
| |
(7) | Section 76 (supply of social security information for purposes of support |
| |
services) is amended as follows. |
| |
| 5 |
(9) | For subsections (3) and (4) substitute— |
| |
“(3) | For the purposes of subsection (2), “personal information” in relation to |
| |
a young person, means the person’s name, address and date of birth. |
| |
(3A) | The Secretary of State may make arrangements with a person for the |
| |
supply of social security information for the purposes of the provision |
| 10 |
of services for young persons in pursuance of section 68 or 70(1)(b). |
| |
(3B) | Social security information may be supplied to— |
| |
(a) | the Secretary of State, or |
| |
(b) | a person providing services to the Secretary of State under |
| |
| 15 |
(3C) | A person to whom social security information is supplied under |
| |
subsection (3B) may supply the information to a local education |
| |
authority or other person involved in the provision of services for |
| |
young persons or relevant young adults in pursuance of section 68 or |
| |
70(1)(b) for the purpose of the provision of those services. |
| 20 |
(3D) | Information supplied to a person in reliance on subsection (3C) or this |
| |
subsection may be supplied in accordance with, or with arrangements |
| |
made under, section 17(1). |
| |
(3E) | Information supplied to a person in reliance on subsection (3B), (3C) or |
| |
| 25 |
(a) | for the purpose of the provision of services in pursuance of |
| |
| |
(b) | for the purpose of enabling or assisting the exercise of any |
| |
function of a local education authority under Part 1, |
| |
(c) | in accordance with any provision of, or made under, any other |
| 30 |
| |
(d) | in accordance with an order of a court or tribunal, |
| |
(e) | for the purpose of actual or contemplated proceedings before a |
| |
| |
(f) | with consent given by or on behalf of the person to whom the |
| 35 |
| |
(g) | in such a way as to prevent the identification of the person to |
| |
| |
(4) | It is an offence for a person to disclose restricted information otherwise |
| |
than in accordance with this section. |
| 40 |
(4A) | For the purposes of subsection (4), “restricted information”, in relation |
| |
to a person, means information that was disclosed to the person— |
| |
(a) | in reliance on subsection (3B), (3C) or (3D), or |
| |
(b) | in circumstances that constitute an offence under this section.” |
| |
|
| |
|