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
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
209

(d)
any other person with whom the Secretary of State
has made arrangements in connection with the
development, implementation or monitoring of
assessment arrangements,”.
      (4)
Omit subsection (9).
5
      (5)
In subsection (10) for the words before paragraph (a) substitute “The duties
that may be imposed by virtue of subsection (7)(a) or (b) include, in relation
to persons exercising any function in connection with the moderation or
monitoring of assessment arrangements, the duty to permit them—”.
      (6)
For subsection (11) substitute—
10
“(11)
An order under subsection (3)(c) may authorise a person specified in
the order to make delegated supplementary provisions in relation to
such matters as may be specified in the order.
(12)
In this section “delegated supplementary provisions” means such
provisions as appear to the authorised person to be expedient for
15
giving full effect to, or otherwise supplementing, the provisions
made by the order (other than provisions made by the order
conferring or imposing functions as mentioned in subsection (7)(a)
or (b)).
(13)
An order under subsection (3)(c) authorising the making of
20
delegated supplementary provisions may provide that such
provisions may be made only with the approval of the Secretary of
State.
(14)
Any delegated supplementary provisions shall, on being published
as specified in the order under which they are made, have effect for
25
the purposes of this Part as if made by the order.”
29    (1)
Section 90 (development work and experiments) is amended as follows.
      (2)
In subsections (3)(c) and (4) for “Qualifications and Curriculum Authority”
substitute “Qualifications and Curriculum Development Agency”.
      (3)
In subsection (5) for the words from “to the” to the end substitute “on any
30
matters specified by the Secretary of State to—
(a)
the Secretary of State, or
(b)
the reviewing body.”
      (4)
After subsection (5) insert—
“(5A)
If required by the Secretary of State to do so the reviewing body shall
35
keep under review development work or experiments carried out
following a direction given under subsection (1).
(5B)
In this section “the reviewing body” means the Qualifications and
Curriculum Development Agency, or any other person, if designated
as such by the Secretary of State.
40
(5C)
A designation under subsection (5B) may make different provision
for different purposes.”
30    (1)
Section 96 (procedure for making certain orders and regulations) is
amended as follows.

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
210

      (2)
In subsection (2)—
(a)
for “Qualifications and Curriculum Authority (in this section
referred to as “the Authority”)” substitute “Qualifications and
Curriculum Development Agency (in this section referred to as “the
Agency”)”;
5
(b)
for “them” substitute “it”;
(c)
for “they are” substitute “it is”.
      (3)
For subsection (3) substitute—
“(3)
The Agency shall give notice of the proposal to such of the following
as appear to it to be concerned with the proposal—
10
(a)
associations of local education authorities,
(b)
bodies representing the interests of school governing bodies,
and
(c)
organisations representing school teachers.
(3A)
The Agency shall also publish the proposal in such manner as, in its
15
opinion, is likely to bring the proposal to the notice of any other
persons who may be concerned with the proposal.
(3B)
The Agency shall give the bodies and other persons mentioned in
subsections (3) and (3A) a reasonable opportunity of submitting
evidence and representations as to the issues arising from the
20
proposal.”
      (4)
In subsection (4)—
(a)
for “Authority”, wherever appearing, substitute “Agency”;
(b)
in paragraph (c) for “think” substitute “thinks”.
      (5)
In subsection (5)—
25
(a)
for “Authority” substitute “Agency”;
(b)
for “their” substitute “its”.
      (6)
In subsection (6)—
(a)
for “Authority have” substitute “Agency has”;
(b)
in paragraph (b) for “Authority” substitute “Agency”;
30
(c)
omit the words from “and shall send copies” to the end.
      (7)
After subsection (6) insert—
“(6A)
The Secretary of State shall take such steps as in his opinion are likely
to bring the documents mentioned in subsection (6)(a) and (b) to the
notice of any person who submitted evidence or representations to
35
the Agency.
(6B)
The Secretary of State shall send copies of those documents to the
Agency.”
Childcare Act 2006 (c. 21)
31
The Childcare Act 2006 is amended as follows.
40
32    (1)
Section 41 (the learning and development requirements) is amended as
follows.

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
211

      (2)
In subsection (2)(c) for the words from “for the purpose” to “early learning
goals” substitute “for the specified purposes”.
      (3)
After subsection (4) insert—
“(4A)
In subsection (2)(c) “the specified purposes” means—
(a)
the purpose of ascertaining what children have achieved in
5
relation to the early learning goals, and
(b)
such other purposes as the Secretary of State may by order
specify.”
33    (1)
Section 42 (further provisions about assessment arrangements) is amended
as follows.
10
      (2)
In subsection (2)—
(a)
omit the “and” at the end of paragraph (b);
(b)
after paragraph (c) insert—
“(d)
the Qualifications and Curriculum Development
Agency, and
15
(e)
any other person with whom the Secretary of State
has made arrangements in connection with the
development, implementation or monitoring of
assessment arrangements.”
      (3)
Omit subsection (4).
20
      (4)
In subsection (5) for the words before paragraph (a) substitute “The duties
that may be imposed on a person mentioned in subsection (2)(a) to (c) by
virtue of subsection (1) include, in relation to persons exercising any
function in connection with the moderation or monitoring of assessment
arrangements, the duty to permit them—”.
25
      (5)
For subsection (6) substitute—
“(6)
A learning and development order specifying assessment
arrangements may authorise a person specified in the order to make
delegated supplementary provisions in relation to such matters as
may be specified in the order.
30
(6A)
In this section “delegated supplementary provisions” means such
provisions as appear to the authorised person to be expedient for
giving full effect to, or otherwise supplementing, the provisions
made by the order (other than provisions made by the order by
virtue of subsection (1) conferring or imposing functions on a person
35
mentioned in subsection (2)(a) to (c)).
(6B)
A learning and development order authorising the making of
delegated supplementary provisions may provide that such
provisions may be made only with the approval of the Secretary of
State.
40
(6C)
Any delegated supplementary provisions, on being published as
specified in the order under which they are made, are to have effect
for the purposes of this Chapter as if made by the order.”
34
In section 44(1) (instruments specifying learning and development or
welfare requirements) for “published as specified” substitute “published by
45
a person, and in the manner, specified”.

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England
212

35
In section 46 (power to enable exemptions from learning and development
requirements to be conferred) after subsection (1) insert—
“(1A)
Regulations under subsection (1) may make provision about the
conditions which may be imposed by the Secretary of State on
making a direction.
5
(1B)
If required by the Secretary of State to do so the reviewing body must
keep under review the effect of a direction given under regulations
made under subsection (1).
(1C)
In subsection (1B) “the reviewing body” means the Qualifications
and Curriculum Development Agency, or any other person, if
10
designated as such by the Secretary of State.
(1D)
A designation under subsection (1C) may make different provision
for different purposes.”
Schedule 13
Section 191

Powers in relation to schools causing concern: England
15
1
Part 4 of the Education and Inspections Act 2006 (schools causing concern:
England) is amended as follows.
2     (1)
Section 59(2) (meaning of schools being “eligible for intervention”) is
amended as follows.
      (2)
For “warning notice by local education authority” substitute “performance
20
standards and safety warning notice”.
      (3)
Before “section 61” insert—
“section 60A (teachers’ pay and conditions warning notice),”.
3
For the title of section 60 substitute “Performance standards and safety
warning notice”.
25
4
After section 60 insert—
“60A
Teachers’ pay and conditions warning notice
(1)
A maintained school is by virtue of this section eligible for
intervention if—
(a)
the local education authority have given the governing body
30
a warning notice in accordance with subsection (2),
(b)
the period beginning with the day on which the warning
notice is given and ending with the fifteenth working day
following that day (“the initial period”) has expired,
(c)
either the governing body made no representations under
35
subsection (7) to the local education authority against the
warning notice during the initial period or the local
education authority have confirmed the warning notice
under subsection (8),
(d)
the governing body have failed to comply, or secure
40
compliance, with the notice to the authority's satisfaction by

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England
213

the end of the compliance period (as defined by subsection
(10)), and
(e)
the authority have given reasonable notice in writing to the
governing body that they propose to exercise their powers
under any one or more of sections 64 to 66.
5
(2)
A local education authority may give a warning notice to the
governing body of a maintained school where the authority are
satisfied that—
(a)
the governing body have failed to comply with a provision of
an order under section 122 of EA 2002 (teachers’ pay and
10
conditions) that applies to a teacher at the school, or
(b)
the governing body have failed to secure that the head
teacher of the school complies with such a provision.
(3)
In subsection (2) references to an order under section 122 of EA 2002
include a document by reference to which provision is made in such
15
an order.
(4)
For the purposes of this section a “warning notice” is a notice in
writing by the local education authority setting out—
(a)
the matters on which the conclusion mentioned in subsection
(2) is based,
20
(b)
the action which they require the governing body to take in
order to remedy those matters,
(c)
the initial period applying under subsection (1)(b), and
(d)
the action which the local education authority are minded to
take (under one or more of sections 64 to 66 or otherwise) if
25
the governing body fail to take the required action.
(5)
The warning notice must also inform the governing body of their
right to make representations under subsection (7) during the initial
period.
(6)
The local education authority must, at the same time as giving the
30
governing body the warning notice, give a copy of the notice to each
of the following persons—
(a)
the head teacher of the school,
(b)
in the case of a Church of England school or a Roman
Catholic Church school, the appropriate diocesan authority,
35
and
(c)
in the case of a foundation or voluntary school, the person
who appoints the foundation governors.
(7)
Before the end of the initial period, the governing body may make
representations in writing to the local education authority against
40
the warning notice.
(8)
The local education authority must consider any representations
made to them under subsection (7) and may, if they think fit, confirm
the warning notice.
(9)
The local education authority must give notice in writing of their
45
decision whether or not to confirm the warning notice to the
governing body and such other persons as the Secretary of State may
require.

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England
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(10)
In this section “the compliance period”, in relation to a warning
notice, means—
(a)
in a case where the governing body does not make
representations under subsection (7), the initial period
mentioned in subsection (1)(b), and
5
(b)
in a case where the local education authority confirm the
warning notice under subsection (8), the period beginning
with the day on which they do so and ending with the
fifteenth working day following that day.”
5     (1)
Section 63 (power of LEA to require governing body to enter into
10
arrangements) is amended as follows.
      (2)
In subsection (1) after “eligible for intervention” insert “other than by virtue
of section 60A”.
      (3)
In subsection (3) for “formal warning” substitute “performance standards
and safety warning”.
15
6     (1)
Section 64 (power of LEA etc to appoint additional governors) is amended
as follows.
      (2)
In subsection (1) for “subsection (2)” substitute “subsections (1A) and (2)”.
      (3)
After subsection (1) insert—
“(1A)
Subsection (1) does not apply if the Secretary of State has exercised
20
the power under section 67 (power to appoint additional governors)
in connection with—
(a)
the same warning notice, where the school is eligible for
intervention by virtue of section 60 (school subject to
performance standards and safety warning) or 60A (school
25
subject to teachers’ pay and conditions warning), or
(b)
the same inspection falling within section 61(a) or 62(a),
where the school is eligible for intervention by virtue of
section 61 (school requiring significant improvement) or 62
(school requiring special measures).”
30
      (4)
In subsection (2)—
(a)
for “formal warning)” substitute “performance standards and safety
warning) or 60A (school subject to teachers’ pay and conditions
warning)”, and
(b)
after “60(10)” insert “or as the case may be section 60A(10)”.
35
      (5)
In subsection (4)—
(a)
in paragraph (a) for “formal warning)” substitute “performance
standards and safety warning) or 60A (school subject to teachers’
pay and conditions warning)”,
(b)
after paragraph (b) insert—
40

“and
(c)
the Secretary of State has not exercised the power
under section 67 in connection with the same warning
notice,”.
7
In section 66(2) (power of LEA to suspend right to delegated budget)—
45

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England
215

(a)
for “formal warning)” substitute “performance standards and safety
warning) or 60A (school subject to teachers’ pay and conditions
warning)”, and
(b)
after “60(10)” insert “or as the case may be section 60A(10)”.
8
In section 67(1) (power of Secretary of State to appoint additional governors)
5
omit the words from “by virtue of” to “special measures)”.
9
In section 69(1) (power of Secretary of State to provide for governing body
to consist of interim executive members) omit the words from “by virtue of”
to “special measures)”.
10
After section 69 insert—
10
“69A
Power of Secretary of State to direct LEA to consider giving
performance standards and safety warning notice
(1)
This section applies if the Secretary of State thinks that the conditions
in subsections (2) and (3) are met.
(2)
The condition is that there are reasonable grounds for a local
15
education authority to give a warning notice to the governing body
of a maintained school under section 60 (performance standards and
safety warning notice).
(3)
The condition is that one of the following applies—
(a)
the authority have not given a warning notice to the
20
governing body under section 60 on those grounds;
(b)
the authority have done so, but in inadequate terms;
(c)
the authority have given a warning notice to the governing
body under section 60, but the Chief Inspector has failed or
declined to confirm it;
25
(d)
the school has become eligible for intervention on those
grounds by virtue of section 60, but the period of two months
following the end of the compliance period (as defined by
section 60(10)) has ended.
(4)
The Secretary of State may direct the local education authority to
30
consider giving a warning notice to the governing body under
section 60 in the terms specified in the direction.
(5)
A direction under subsection (4) must be in writing.
(6)
If the Secretary of State gives a direction under subsection (4) to a
local education authority in respect of a governing body, the
35
authority must—
(a)
give the Secretary of State a written response to the direction
before the end of the period of 10 working days beginning
with the day on which the direction is given, and
(b)
on the same day as they do so, give the Chief Inspector a copy
40
of the response.
(7)
The local education authority’s response to the direction must do
one of the following—
(a)
state that the authority have decided to give a warning notice
to the governing body in the specified terms;
45