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Apprenticeships, Skills, Children and Learning Bill


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

216

 

(b)   

state that the authority have decided not to give a warning

notice to the governing body in those terms.

(8)   

If the response states that the authority have decided to give a

warning notice to the governing body in the specified terms, the

authority must—

5

(a)   

give the warning notice to the governing body in those terms

before the end of the period of 5 working days beginning

with the day on which the response is given (and withdraw

any previous warning notice given to the governing body

under section 60), and

10

(b)   

on the same day as they do so, give the Secretary of State a

copy of the notice.

(9)   

If the response states that the authority have decided not to give a

warning notice to the governing body in the specified terms, it must

set out the authority’s reasons for the decision.

15

(10)   

Subsection (8)(b) applies in addition to section 60(6).

69B     

Power of Secretary of State to direct LEA to give teachers’ pay and

conditions warning notice

(1)   

This section applies if the Secretary of State thinks that the conditions

in subsections (2) and (3) are met.

20

(2)   

The condition is that there are reasonable grounds for a local

education authority to give a warning notice to the governing body

of a maintained school under section 60A (teachers’ pay and

conditions warning notice).

(3)   

The condition is that one of the following applies—

25

(a)   

the authority have not given a warning notice to the

governing body under section 60A 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 60A on those grounds, but have declined

30

or failed to confirm it;

(d)   

the school has become eligible for intervention on those

grounds by virtue of section 60A, but the period of two

months following the end of the compliance period (as

defined by section 60A(10)) has ended.

35

(4)   

The Secretary of State may direct the local education authority to

consider giving a warning notice to the governing body under

section 60A in the terms specified in the direction.

(5)   

If the Secretary of State gives a direction under subsection (4) to a

local education authority in respect of a governing body, the

40

authority must—

(a)   

give a copy of the direction to the governing body before the

end of the period of 2 working days beginning with the day

on which the direction is given,

(b)   

when it does so, invite the governing body to give the

45

authority a written response before the end of the period of 7

working days beginning with the day on which the direction

is given, and

 
 

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

217

 

(c)   

give the Secretary of State the authority’s written response,

and any response received from the governing body in

accordance with paragraph (b), before the end of the period

of 10 working days beginning with the day on which the

direction is given.

5

(6)   

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;

(b)   

state that the authority have decided not to give a warning

10

notice to the governing body in those terms.

(7)   

If the response states that the authority have decided to give a

warning notice to the governing body in the specified terms, the

authority must—

(a)   

give the warning notice to the governing body in those terms

15

before the end of the period of 5 working days beginning

with the day on which the response is given (and withdraw

any previous warning notice given to the governing body

under section 60A), and

(b)   

on the same day as they do so, give the Secretary of State a

20

copy of the notice.

(8)   

If the response states that the authority have decided not to give a

warning notice to the governing body in the specified terms—

(a)   

the response must set out the authority’s reasons for the

decision, and

25

(b)   

the Secretary of State may direct the authority to give the

warning notice to the governing body in those terms (and to

withdraw any previous warning notice given to the

governing body under section 60A).

(9)   

If the Secretary of State directs the authority under subsection (8)(b)

30

to give a warning notice to the governing body in the specified terms,

the authority must—

(a)   

comply with the direction under subsection (8)(b) before the

end of the period of 5 working days beginning with the day

on which that direction is given, and

35

(b)   

on the same day as they do so, give the Secretary of State a

copy of the notice.

(10)   

Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).

(11)   

A direction under this section must be in writing.”

11         

In section 73 (interpretation of Part 4) at the end insert—

40

““working day” has the meaning given by section 60(10).”

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 14 — Powers in relation to schools causing concern: Wales

218

 

Schedule 14

Section 193

 

Powers in relation to schools causing concern: Wales

1          

Chapter 4 of Part 1 of the School Standards and Framework Act 1998

(measures to raise standards of school education in Wales: intervention

powers) is amended as follows.

5

2          

In section 14(4) (intervention powers: interpretation), in paragraph (c) for

“that Act” substitute “the Education Act 2005”.

3          

In section 15 (cases where LEA may exercise powers of intervention), in

subsection (2)(a), after “(whether by a breakdown of discipline or

otherwise)” insert “, or—

10

(iv)   

that the governing body have failed to comply with a

provision of an order under section 122 of the

Education Act 2002 (teachers’ pay and conditions)

that applies to a teacher at the school, or

(v)   

that the governing body have failed to secure that the

15

head teacher of the school complies with such a

provision”.

4          

In section 16 (power of LEA to appoint additional governors), after

subsection (6)(b) insert—

   

“and

20

(c)   

the Welsh Ministers have not, in connection with the same

warning notice falling within section 15(1), exercised their

power to appoint additional governors under section 18,”.

5          

In section 18 (power of Welsh Ministers to appoint additional governors), in

subsection (1)—

25

(a)   

in the opening words for “either” substitute “any”;

(b)   

before paragraph (a) insert—

“(za)   

subsection (1), in a case within subsection (2)(a)(iv) or

(v) (school subject to teachers’ pay and conditions

warning),”.

30

6          

In section 18A (power of Welsh Ministers to provide for governing body to

consist of interim executive members), in subsection (1)—

(a)   

in the opening words for “either” substitute “any”;

(b)   

before paragraph (a) insert—

“(za)   

subsection (1), in a case within subsection (2)(a)(iv) or

35

(v) (school subject to teachers’ pay and conditions

warning),”.

7          

After section 19 insert—

“19ZA   

Power of Welsh Ministers to direct LEA to give warning notice:

teachers’ pay and conditions

40

(1)   

This section applies if the Welsh Ministers think that the conditions

in subsections (2) and (3) are met.

(2)   

The condition is that there are reasonable grounds for a local

education authority to give a warning notice to the governing body

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 14 — Powers in relation to schools causing concern: Wales

219

 

of a maintained school under section 15(2)(a)(iv) or (v) (teachers’ pay

and conditions warning notice).

(3)   

The condition is that one of the following applies in relation to those

grounds—

(a)   

the authority have not given a warning notice to the

5

governing body under section 15 on those grounds, or have

not given a copy to the head teacher at the same time;

(b)   

the authority have given a warning notice to the governing

body under section 15, but in inadequate terms;

(c)   

section 15 applies to the school on those grounds by virtue of

10

subsection (1) of that section, but the period of two months

following the end of compliance period (as defined by section

15(3)(c)) has ended.

(4)   

The Welsh Ministers may direct the local education authority to

consider giving a warning notice to the governing body under

15

section 15(2)(a)(iv) or (v) in the terms specified in the direction.

(5)   

If the Welsh Ministers gives a direction under subsection (4) to a local

education authority in respect of a governing body, the authority

must—

(a)   

give a copy of the direction to the governing body before the

20

end of the period of 2 working days beginning with the day

on which the direction is given,

(b)   

when it does so, invite the governing body to give the

authority a written response before the end of the period of 7

working days beginning with the day on which the direction

25

is given, and

(c)   

give the Welsh Ministers the authority’s written response,

and any response received from the governing body in

accordance with paragraph (b), before the end of the period

of 10 working days beginning with the day on which the

30

direction is given.

(6)   

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;

35

(b)   

state that the authority have decided not to give a warning

notice to the governing body in those terms.

(7)   

If the response states that the authority have decided to give a

warning notice to the governing body in the specified terms, the

authority must—

40

(a)   

give the warning notice to the governing body in those terms

before the end of the period of 5 working days beginning

with the day on which the response is given (and withdraw

any previous warning notice given to the governing body

under section 15(2)(a)(iv) or (v)), and

45

(b)   

on the same day as they do so, give the Welsh Ministers a

copy of the notice.

(8)   

If the response states that the authority have decided not to give a

warning notice to the governing body in the specified terms—

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 15 — The School Support Staff Negotiating Body

220

 

(a)   

the response must set out the authority’s reasons for the

decision, and

(b)   

the Welsh Ministers may direct the authority to give the

warning notice to the governing body in those terms (and to

withdraw any previous warning notice given to the

5

governing body under section 15(2)(a)(iv) or (v)).

(9)   

If the Welsh Ministers direct the authority under subsection (8)(b) to

give a warning notice to the governing body in the specified terms,

the authority must—

(a)   

comply with the direction under subsection (8)(b) before the

10

end of the period of 5 working days beginning with the day

on which that direction is given, and

(b)   

on the same day as they do so, give the Welsh Ministers a

copy of the notice.

(10)   

Subsections (7)(b) and (9)(b) apply in addition to section 15(1)(a)(ii).

15

(11)   

A direction under this section must be in writing.

(12)   

In this section “working day” means a day other than a Saturday, a

Sunday, Christmas Day, Good Friday or a day which is a bank

holiday under the Banking and Financial Dealings Act 1971 in

Wales.”

20

Schedule 15

Section 212

 

The School Support Staff Negotiating Body

Constitution

1     (1)  

The SSSNB is to be constituted in accordance with arrangements made by

the Secretary of State.

25

      (2)  

Before making or revising arrangements under sub-paragraph (1), the

Secretary of State must consult—

(a)   

the prescribed school support staff organisations, and

(b)   

the prescribed school support staff employer organisations.

      (3)  

References in this Schedule to the SSSNB’s constitutional arrangements are

30

to arrangements made under sub-paragraph (1).

      (4)  

References in this Schedule to the prescribed organisations are to the

organisations prescribed under sub-paragraph (2).

Membership

2     (1)  

The SSSNB’s constitutional arrangements must provide for the members of

35

the SSSNB to include persons representing the interests of—

(a)   

the prescribed organisations;

(b)   

the Secretary of State.

      (2)  

The arrangements must also provide for the members of the SSSNB to

include a person appointed to chair the SSSNB.

40

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 15 — The School Support Staff Negotiating Body

221

 

      (3)  

The arrangements must provide for that person to be a person who, in the

opinion of the Secretary of State, does not represent the interests of—

(a)   

a school support staff organisation;

(b)   

a school support staff employer organisation;

(c)   

the Secretary of State, or

5

(d)   

any other person or organisation represented on the SSSNB.

      (4)  

The arrangements may provide for the members of the SSSNB to include

other persons who do not represent the interests of—

(a)   

school support staff organisations, or

(b)   

school support staff employer organisations.

10

Proceedings

3     (1)  

The SSSNB’s constitutional arrangements must not provide for a member of

the SSSNB to be entitled to vote in respect of its proceedings unless the

member is a person representing the interests of any of the prescribed

organisations.

15

      (2)  

Subject to sub-paragraph (1), the arrangements may make provision about

the proceedings of the SSSNB (including provision allowing the SSSNB to

determine its own proceedings).

Administrative support

4          

The SSSNB’s constitutional arrangements may make provision about the

20

provision of administrative support to the SSSNB.

Annual reports

5     (1)  

The SSSNB’s constitutional arrangements must provide for the SSSNB to

prepare a report, in respect of each successive period of 12 months beginning

on the day on which it is established, about the performance of its functions

25

in that period.

      (2)  

The arrangements may—

(a)   

require the SSSNB to send copies of the report to specified persons;

(b)   

require the SSSNB otherwise to publish the report in a specified

manner.

30

Fees and expenses

6          

The SSSNB’s constitutional arrangements may make provision about—

(a)   

the payment of fees to the person appointed to chair the SSSNB;

(b)   

the payment of expenses incurred by the SSSNB.

House of Commons disqualification

35

7          

In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of

Schedule 1 (other disqualifying offices), at the appropriate place insert—

“Person appointed to chair the School Support Staff Negotiating Body.”

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 16 — Repeals and revocations
Part 2 — Dissolution of the LSC

222

 

Interpretation

8          

For the purposes of this Schedule—

(a)   

a “school support staff organisation” is an organisation that, in the

opinion of the Secretary of State, represents the interests of school

support staff;

5

(b)   

a “school support staff employer organisation” is an organisation

that, in the opinion of the Secretary of State, represents the interests

of employers of school support staff;

(c)   

“specified” means specified in the SSSNB’s constitutional

arrangements.

10

Schedule 16

Section 252

 

Repeals and revocations

Part 1

LEA functions

 

Title

Extent of repeal

 

15

 

Education Act 1996 (c. 56)

Section 509.

 
 

School Standards and

Section 128.

 
 

Framework Act 1998 (c. 31)

In Schedule 30, paragraph 64.

 
 

Education and Inspections Act

Section 81.

 
 

2006 (c. 40)

  

20

Part 2

Dissolution of the LSC

 

Title

Extent of repeal

 
 

Further and Higher Education

In section 56B(3), the word “its”.

 
 

Act 1992 (c. 13)

In section 56C(4), the words “to it”.

 

25

 

Learning and Skills Act 2000

Part 1.

 
 

(c. 21)

Section 97.

 
  

Section 98(2A).

 
  

Section 99(2A).

 
  

In section 101(1), paragraph (c) (and the word

 

30

  

“or” before it).

 
  

In section 102(1), paragraph (c) (and the word

 
  

“or” before it).

 
  

In section 113A—

 
  

(a)   

subsections (1), (4)(aa), (5), (7), (8) and

 

35

  

(9)(f);

 
  

(b)   

in subsection (11), paragraph (a) of the

 
  

definition of “regulations” (and the word

 
  

“and” after it) and paragraph (a) of the

 
  

definition of “relevant authority” (and

 

40

  

the word “and” after it).

 
 
 

 
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