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
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).