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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

23

 

(4)   

After section 104D (unfair dismissal: pension enrolment) insert—

“104E   

Study and training

An employee who is dismissed is to be regarded for the purposes of this

Part as unfairly dismissed if the reason (or, if more than one, the

principal reason) for the dismissal is that the employee—

5

(a)   

made (or proposed to make) a learning support application,

(b)   

exercised (or proposed to exercise) a right conferred on the

employee under section 63F,

(c)   

brought proceedings against the employer under section 63I, or

(d)   

alleged the existence of any circumstance which would

10

constitute a ground for bringing such proceedings.”

(5)   

Schedule 1 makes amendments to employment legislation relating to the

provision made by this section.

Part 2

LEA functions

15

Education and training for persons over compulsory school age

40      

Education and training for persons over compulsory school age: general duty

Before section 15A of the Education Act 1996 (c. 56) insert—

“15ZA   

Duty in respect of education and training for persons over

compulsory school age: England

20

(1)   

A local education authority in England must secure that enough

suitable education and training is provided to meet the reasonable

needs of persons in their area—

(a)   

who are over compulsory school age but under 19, or

(b)   

who are aged 19 or over but under 25 and are subject to learning

25

difficulty assessment.

(2)   

A local education authority may comply with subsection (1) by

securing the provision of education or training outside as well as within

their area.

(3)   

In deciding for the purposes of subsection (1) whether education or

30

training is suitable to meet persons’ reasonable needs, a local education

authority must (in particular) have regard to—

(a)   

the persons’ ages, abilities and aptitudes;

(b)   

any learning difficulties the persons may have;

(c)   

the quality of the education or training;

35

(d)   

the locations and times at which the education or training is

provided.

(4)   

In performing the duty imposed by subsection (1) a local education

authority must—

(a)   

act with a view to encouraging diversity in the education and

40

training available to persons;

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

24

 

(b)   

act with a view to increasing opportunities for persons to

exercise choice;

(c)   

act with a view to enabling persons to whom Part 1 of the

Education and Skills Act 2008 applies to fulfil the duty imposed

by section 2 of that Act;

5

(d)   

take account of education and training whose provision the

authority think might reasonably be secured by other persons;

(e)   

make the best use of the authority’s resources and in particular

avoid provision that might give rise to disproportionate

expenditure.

10

(5)   

Provision is not to be considered as giving rise to disproportionate

expenditure only because it is more expensive than comparable

provision.

(6)   

A local education authority must, in—

(a)   

making any determination as to the provision of apprenticeship

15

training that should be secured under subsection (1), or

(b)   

securing the provision of any apprenticeship training under

that subsection,

   

co-operate with the Chief Executive of Skills Funding.

(7)   

For the purposes of this section a person has a learning difficulty if—

20

(a)   

the person has a significantly greater difficulty in learning than

the majority of persons of the same age, or

(b)   

the person has a disability which either prevents or hinders the

person from making use of facilities of a kind generally

provided by institutions providing education or training for

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persons who are over compulsory school age.

(8)   

But a person is not to be taken to have a learning difficulty solely

because the language (or form of language) in which the person is or

will be taught is different from a language (or form of language) which

has at any time been spoken in the person’s home.

30

(9)   

For the purposes of this section a person is subject to learning difficulty

assessment if—

(a)   

a learning difficulty assessment has been conducted in respect

of the person, or

(b)   

arrangements for a learning difficulty assessment to be

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conducted in respect of the person have been made or are

required to be made.

(10)   

In this section—

“apprenticeship training” means training provided in connection

with—

40

(a)   

an apprenticeship agreement (within the meaning given

in section 30 of the Apprenticeships, Skills, Children and

Learning Act 2009),

(b)   

any other contract of employment, or

(c)   

any other kind of working in relation to which

45

alternative English completion conditions apply under

section 1(5) of that Act (duty to issue apprenticeship

certificates);

“education” includes full-time and part-time education;

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

25

 

a “learning difficulty assessment” is an assessment under section

139A or 140 of the Learning and Skills Act 2000 (assessments

relating to learning difficulties);

“training” includes—

(a)   

full-time and part-time training;

5

(b)   

vocational, social, physical and recreational training;

(c)   

apprenticeship training.

(11)   

The reference in subsection (1) to persons in a local authority’s area—

(a)   

who are over compulsory school age but under 19, or

(b)   

who are aged 19 or over but under 25 and are subject to learning

10

difficulty assessment,

   

does not include persons who are subject to a detention order within

the meaning given in section 562(1A).

15ZB    

Co-operation in performance of section 15ZA duty

Local education authorities in England must co-operate with each other

15

in performing their duties under section 15ZA(1).”

41      

Encouragement of education and training for persons over compulsory school

age

After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 40)

insert—

20

“15ZC   

Encouragement of education and training for persons over

compulsory school age: England

(1)   

A local education authority in England must—

(a)   

encourage participation in education and training by persons in

their area who are within section 15ZA(1)(a) or (b);

25

(b)   

encourage employers to participate in the provision of

education and training for such persons.

(2)   

For the purposes of subsection (1)(b), participating in the provision of

training includes participating by entering into—

(a)   

an apprenticeship agreement (within the meaning given in

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section 30 of the Apprenticeships, Skills, Children and Learning

Act 2009), or

(b)   

any other contract of employment in connection with which

training is provided.

(3)   

In this section “education” and “training” have the same meanings as in

35

section 15ZA.”

42      

LEA directions: children over compulsory school age

(1)   

Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (c. 31) is

amended as follows.

(2)   

In section 84(6) (admissions code: interpretation) for the definition of “child”

40

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

26

 

substitute—

““child” includes a person who has not attained the age of 19,

except in sections 96 and 97 in so far as those sections apply in

relation to Wales;”

(3)   

After section 96(3) (direction to admit child to specified school) insert—

5

“(3A)   

A direction under this section to admit a child shall not specify a school

which has in place admission arrangements that make provision for

selection by ability falling within section 99(2)(c) unless the child

satisfies the selection criteria.”

43      

Power to require provision of education by institution within further

10

education sector

(1)   

Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert—

“51A    

Duty to provide for named individuals: England

(1)   

This section applies to an institution in England within the further

education sector which provides education suitable to the

15

requirements of persons over compulsory school age but under the age

of 19.

(2)   

A local education authority may by notice given to the governing body

of such an institution—

(a)   

require them to provide specified individuals with such

20

education falling within subsection (1) as is appropriate to the

individuals’ abilities and aptitudes;

(b)   

withdraw such a requirement.

(3)   

A local education authority may specify an individual in a notice under

subsection (2) only if the individual—

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(a)   

is in the authority’s area, and

(b)   

is over compulsory school age but under the age of 19.

(4)   

The governing body of an institution within subsection (1) must secure

compliance with a requirement that has been imposed under

subsection (2) and has not been withdrawn.

30

(5)   

In deciding whether to require a particular institution to provide

education to a particular individual under subsection (2) a local

education authority in England must have regard to any guidance

given from time to time by the Secretary of State.”

(2)   

In section 52 of that Act—

35

(a)   

in subsection (1) after “institution” insert “in Wales”;

(b)   

in the title, at the end insert “: Wales”.

 
 

 
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