Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
142

241
Provision of other information in connection with support services
(1)
The Education and Skills Act 2008 (c. 25) is amended as follows.
(2)
In section 69(1) (directions), after paragraph (a) insert—
“(aa)
requiring the authority to secure that any person by whom such
services are provided (whether the authority or any other
5
person) provides such relevant information (within the
meaning of section 76A) as the Secretary of State may require
to—
(i)
the Secretary of State, or
(ii)
a person providing services to the Secretary of State
10
under section 76A;”.
(3)
After section 76 insert—
“76A
Supply of information by Secretary of State or person providing
services
(1)
The Secretary of State may make arrangements with any other person
15
for the holding and supply of information in connection with, or for the
purposes of, the provision of services in pursuance of section 68 or
70(1)(b).
(2)
In this section “relevant information”, in relation to a person by whom
services are provided under section 68 or 70(1)(b), means information
20
which is—
(a)
obtained by a person involved in the provision of those services
in, or in connection with, the provision of those services,
(b)
relates to a person for whom those services are provided;

but does not include information provided under section 72 of the
25
Welfare Reform and Pensions Act 1999.
(3)
Relevant information may be supplied to—
(a)
the Secretary of State, or
(b)
a person providing services to the Secretary of State under this
section.
30
(4)
Information supplied under subsection (3) may be supplied to any
person involved in the provision of services in pursuance of section 68
or 70(1)(b) for the purposes of the provision of those services.
(5)
Except as provided by subsection (4), information supplied in reliance
on subsection (3) must not be disclosed in such a way that the identity
35
of the individual is disclosed to, or capable of being discovered by, the
person to whom it is disclosed.
(6)
Nothing in this section authorises the disclosure of any information in
contravention of any provision of, or made under, this or any other Act
(whenever passed or made) which prevents disclosure of the
40
information.”

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
143

Further education corporations
242
Further education corporations in England: promotion of well-being
After section 19 of the Further and Higher Education Act 1992 (c. 13) insert—
“19A
Duty in relation to promotion of well-being of local area
(1)
This section applies to a further education corporation established in
5
respect of an educational institution in England.
(2)
In exercising their functions under sections 18 and 19, the corporation
must have regard, amongst other things, to the objective of promoting
the economic and social well-being of the local area.
(3)
In subsection (2)—
10
(a)
“the local area”, in relation to a corporation, means the locality
of the institution in respect of which they are established;
(b)
the reference to the well-being of an area includes a reference to
the well-being of people who live or work in that area.”
Student loans
15
243
Student loans under the 1998 Act: IVAs
(1)
The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in
subsections (2) and (3).
(2)
In section 22(3) (new arrangements for giving financial support to students),
after paragraph (f) insert—
20
“(g)
with respect to sums which a borrower receives, or is entitled to
receive, under such a loan before or after a voluntary
arrangement under Part 8 of the Insolvency Act 1986 or Part 8
of the Insolvency (Northern Ireland) Order 1989 (individual
voluntary arrangements) takes effect in respect of the borrower;
25
(h)
excluding or modifying the application of Part 8 of that Act, or
Part 8 of that Order, in relation to liability to make repayments
in respect of such a loan (whether the repayments relate to sums
which the borrower receives, or is entitled to receive, before or
after a voluntary arrangement takes effect in respect of the
30
borrower).”
(3)
In section 46(8) (provisions extending to Northern Ireland), in the entry
relating to section 22, for “(3)(e) or (f)” substitute “(3)(e), (f), (g) or (h)”.
(4)
Nothing in this section affects a voluntary arrangement that takes effect before
this section comes into force.
35
244
Student loans under the 1990 Act: IVAs and bankruptcy
(1)
Subsections (2) to (4) have effect in relation to the Education (Student Loans)
Act 1990 (c. 6) to the extent that that Act continues in force by virtue of any
savings made, in connection with its repeal by the Teaching and Higher
Education Act 1998, by an order under section 46(4) of that Act.
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Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
144

(2)
In Schedule 2 (loans for students), in paragraph 5(1) for “or 310” substitute “,
310 or 310A”.
(3)
In Schedule 2, after paragraph 5 insert—
“5A   (1)
This paragraph applies to a sum by way of public sector student loan
or subsidised private sector student loan that a person (“the debtor”)
5
receives or is entitled to receive before or after a voluntary
arrangement under Part 8 of the Insolvency Act 1986 takes effect in
respect of the debtor.
      (2)
The sum is to be ignored for the purposes of the voluntary
arrangement.
10
5B    (1)
Part 8 of the Insolvency Act 1986 (individual voluntary
arrangements) has effect in relation to a student loan debt with the
following modifications.
      (2)
A student loan debt is to be treated as not included among the
debtor’s debts.
15
      (3)
A person to whom a student loan debt is owed is to be treated as not
being one of the debtor’s creditors.
      (4)
A “student loan debt” is a debt or liability to which a debtor is or may
become subject in respect of a public sector student loan or
subsidised private sector student loan.”
20
(4)
In Schedule 2, after paragraph 6 insert—
“Insolvency: Northern Ireland
7     (1)
There shall not be treated as part of a bankrupt’s estate or claimed for
his estate under article 280 or 283 of the Insolvency (Northern
Ireland) Order 1989 any sums to which this paragraph applies that
25
the bankrupt receives or is entitled to receive after the
commencement of the bankruptcy.
      (2)
No debt or liability to which a bankrupt is or may become subject in
respect of a sum to which this paragraph applies shall be included in
the bankrupt’s bankruptcy debts.
30
      (3)
This paragraph applies to a sum by way of public sector student loan
or subsidised private sector student loan payable to the bankrupt
pursuant to an agreement entered into by the bankrupt before or
after the commencement of the bankruptcy.
8     (1)
This paragraph applies to a sum by way of public sector student loan
35
or subsidised private sector student loan that a person (“the debtor”)
receives or is entitled to receive before or after a voluntary
arrangement under Part 8 of the Insolvency (Northern Ireland)
Order 1989 takes effect in respect of the debtor.
      (2)
The sum is to be ignored for the purposes of the voluntary
40
arrangement.
9     (1)
Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual
voluntary arrangements) has effect in relation to a student loan debt
with the following modifications.

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
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      (2)
A student loan debt is to be treated as not included among the
debtor’s debts.
      (3)
A person to whom a student loan debt is owed is to be treated as not
being one of the debtor’s creditors.
      (4)
A “student loan debt” is a debt or liability to which a debtor is or may
5
become subject in respect of a public sector student loan or
subsidised private sector student loan.”
(5)
In section 4, for subsection (4) (extent) substitute—
“(4)
This Act does not extend to Northern Ireland, with the following
exceptions—
10
(a)
section 1, so far as necessary for the purpose of defining “public
sector student loan” and “subsidised private sector student
loan”;
(b)
section 2;
(c)
as respects institutions in Northern Ireland, the power to make
15
regulations under paragraph 2 of Schedule 2;
(d)
paragraphs 7 to 9 of Schedule 2.
(6)
Nothing in this section affects a voluntary arrangement that takes effect, or a
bankruptcy that commences, before this section comes into force.
Foundation degrees: Wales
20
245
Power to award foundation degrees: Wales
(1)
In section 76(1)(b) of the Further and Higher Education Act 1992 (c. 13) (power
of Privy Council to specify further education institutions in England that may
award foundation degrees) omit “in England”.
(2)
Within the period of four years beginning with the commencement of
25
subsection (1) of this section, the Welsh Ministers must lay before the National
Assembly for Wales a report about its effect.
Complaints: Wales
246
Complaints: Wales
(1)
Section 29 of the Education Act 2002 (c. 32) (additional functions of governing
30
body) is amended as follows.
(2)
In subsection (1) after “maintained school” insert “in England”.
(3)
In subsection (2) for the words from “(in relation to England)” to the end
substitute “by the Secretary of State”.
(4)
After subsection (2) insert—
35
“(2A)
The Welsh Ministers may make regulations establishing procedures in
relation to relevant complaints.
(2B)
For the purposes of subsection (2A), a “relevant complaint” is a
complaint which relates to a maintained school in Wales, or to the
provision of facilities or services under section 27 by the governing
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Apprenticeships, Skills, Children and Learning Bill
Part 13 — General
146

body of such a school, other than a complaint which falls to be dealt
with in accordance with any procedures required to be established in
relation to the school by virtue of a statutory provision other than this
section.
(2C)
Where the Welsh Ministers establish procedures by regulations under
5
subsection (2A), the governing body of a maintained school in Wales
shall—
(a)
adopt the procedures, and
(b)
publicise them in the way specified in the regulations.
(2D)
In adopting or publicising procedures established by virtue of
10
subsection (2A), the governing body shall have regard to any guidance
given from time to time by the Welsh Ministers.”
Local Government Act 1974
247
Local Government Act 1974: minor amendment
In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (c. 7)
15
(exclusion of matters relating to teaching etc. in any school maintained by local
authority), after “authority” insert “, except so far as relating to special
educational needs (within the meaning given by section 312 of the Education
Act 1996)”.
Part 13
20
General
248
Orders and regulations
(1)
A power to make an order or regulations under Chapter 1 of Part 1, or Part 3
or 4—
(a)
so far as exercisable by the Secretary of State, the Welsh Ministers or the
25
Scottish Ministers, is exercisable by statutory instrument;
(b)
so far as exercisable by the Department for Employment and Learning
in Northern Ireland, is exercisable by statutory rule for the purposes of
the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.
12).
30
(2)
Any other power of the Secretary of State to make an order or regulations
under this Act is exercisable by statutory instrument.
(3)
A power of the Secretary of State or the Welsh Ministers to make an order or
regulations under this Act (except a power conferred by section 15, 20 or 255)
includes power—
35
(a)
to make different provision for different purposes (including different
areas);
(b)
to make provision generally or in relation to specific cases;
(c)
to make incidental, consequential, supplementary, transitional,
transitory or saving provision.
40
(4)
An order under section 90 may amend or repeal any provision of, or in an
instrument made under, this or any other Act.

Apprenticeships, Skills, Children and Learning Bill
Part 13 — General
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(5)
Subject to subsection (6), a statutory instrument containing an order or
regulations made by the Secretary of State under any provision of this Act
(other than an order under section 37 or 255) is subject to annulment in
pursuance of a resolution of either House of Parliament.
(6)
A statutory instrument which contains (whether alone or with other provision)
5
any of the following may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament—
(a)
an order under section 88(8) or 90;
(b)
an order under section 94 or paragraph 9 of Schedule 5;
(c)
an order under section 127(5);
10
(d)
an order under section 207;
(e)
an order under section 236(2);
(f)
an order under section 238(5);
(g)
an order under section 251 which amends or repeals any provision of
an Act.
15
(7)
A statutory instrument containing an order made by the Welsh Ministers
under Chapter 1 of Part 1 or section 65 or 103 is subject to annulment in
pursuance of a resolution of the National Assembly for Wales.
(8)
A statutory instrument containing an order made by the Scottish Ministers
under section 65 or 103 is subject to annulment in pursuance of a resolution of
20
the Scottish Parliament.
(9)
A statutory rule containing an order made by the Department for Employment
and Learning in Northern Ireland under section 65 or 103 is to be subject to
negative resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument
25
within the meaning of that Act.
(10)
If a draft of an instrument containing an order under paragraph 9 of Schedule
5 would, apart from this subsection, be treated for the purposes of the Standing
Orders of either House of Parliament as a hybrid instrument, it is to proceed in
that House as it if were not a hybrid instrument.
30
249
Directions
A direction given by the Secretary of State under this Act—
(a)
may be amended or revoked by the Secretary of State;
(b)
may make different provision for different purposes.
250
General interpretation of Act
35
(1)
In this Act, unless the context otherwise requires—
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.
(2)
Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the
provisions of this Act specified in subsection (3) are to be construed as if those
40
provisions were contained in that Act.
(3)
The provisions are—
(a)
Parts 3, 4 and 5;
(b)
Parts 7 and 8;

Apprenticeships, Skills, Children and Learning Bill
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(c)
Chapter 4 of Part 10;
(d)
sections 235, 237 and 238.
(4)
Section 562 of the Education Act 1996 (c. 56) (Act not to apply to certain persons
detained under order of a court) does not apply to functions of the Secretary of
State under Part 4.
5
(5)
If—
(a)
an expression is given a meaning for the purposes of a provision within
subsection (3) (its “local meaning”), and
(b)
that meaning is different from the meaning given to it for the purposes
of the Education Act 1996 (its “1996 Act meaning”),
10

the expression’s local meaning applies instead of its 1996 Act meaning.
(6)
Unless the context otherwise requires, a reference in this Act to—
(a)
a community, foundation or voluntary school, or
(b)
a community or foundation special school,

is to such a school within the meaning of the School Standards and Framework
15
Act 1998 (c. 31).
251
Power to make consequential and transitional provision etc.
(1)
The Secretary of State may by order make—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,
20

as the Secretary of State thinks appropriate for the general purposes, or any
particular purpose, of this Act or in consequence of, or for giving full effect to,
any provision made by this Act.
(2)
An order under this section may in particular—
(a)
provide for any provision of this Act which comes into force before
25
another provision made by or under this or any other Act has come into
force to have effect, until that other provision has come into force, with
specified modifications;
(b)
amend, repeal, revoke or otherwise modify any provision of—
(i)
an Act passed before or in the same Session as this Act, or
30
(ii)
an instrument made under an Act before the passing of this Act.
(3)
Nothing in this section limits the powers conferred by section 248(3)(c) or
255(8)(b).
(4)
The amendments that may be made by virtue of subsection (2)(b) are in
addition to those that are made by any other provision of this Act.
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252
Repeals and revocations
Schedule 16 contains repeals and revocations (including repeals and
revocations of spent provisions).
253
Financial provisions
(1)
There are to be paid out of money provided by Parliament—
40
(a)
any expenditure incurred by virtue of this Act by the Secretary of State,