Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 11 — Learners
138

School behaviour partnerships
235
Co-operation with a view to promoting good behaviour, etc.: England
(1)
A “relevant partner” for the purposes of this section is—
(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.
(2)
A relevant partner must make arrangements with at least one other relevant
partner in their area to co-operate with each other with a view to—
(a)
promoting good behaviour and discipline on the part of pupils;
(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.
(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;
15
(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.
(5)
In this section “maintained secondary school” means—
(a)
a community, foundation or voluntary school that provides secondary
20
education;
(b)
a community or foundation special school that provides secondary
education.
Short stay schools
236
Short stay schools: miscellaneous
25
(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—
30
(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—
35
“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;

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
139

(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
directions.”
Part 12
Miscellaneous
Information about local authority expenditure
237
Information about planned and actual expenditure
10
(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
30
conferred on or exercisable by the authority in its capacity as a local education
authority.
(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;
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(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).
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Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
140

(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
following purposes—
(a)
adding to the functions that are education functions or children’s social
services functions;
(b)
removing or changing the description of functions that are education
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functions or children’s social services functions.
(6)
In this section—
“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
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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
paragraph (a).”
(5)
In subsection (7), in the definition of “relevant information”, after paragraph
35
(b), insert—
“but does not include information provided under section 72 of the
Welfare Reform and Pensions Act 1999;”.
(6)
At the end add—
“(8)
Nothing in this section authorises the disclosure of any information in
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contravention of any provision of, or made under, this or any other Act

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
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(whenever passed or made) which prevents disclosure of the
information.”
(7)
Section 76 (supply of social security information for purposes of support
services) is amended as follows.
(8)
Omit subsection (1).
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(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
subsection (3A).
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(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.
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(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
(3D) may be disclosed—
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(a)
for the purpose of the provision of services in pursuance of
section 68 or 70(1)(b),
(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
Act,
(d)
in accordance with an order of a court or tribunal,
(e)
for the purpose of actual or contemplated proceedings before a
court or tribunal,
(f)
with consent given by or on behalf of the person to whom the
35
information relates, or
(g)
in such a way as to prevent the identification of the person to
whom it relates.
(4)
It is an offence for a person to disclose restricted information otherwise
than in accordance with this section.
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(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.”