|
| |
|
The core and additional entitlements |
| |
44 | Duties in relation to the core and additional entitlements |
| |
After section 17 of the Education Act 1996 insert— |
| |
“The core and additional entitlements: England |
| |
17A | Duties in relation to the core and additional entitlements |
| 5 |
(1) | A local education authority in England must exercise their functions in |
| |
such a way as to secure that the core entitlement and the additional |
| |
entitlement are satisfied in relation to persons in their area who are over |
| |
compulsory school age but under 19. |
| |
(2) | A local education authority in England must exercise their functions |
| 10 |
with a view to securing that courses of study within all the additional |
| |
entitlement areas are made available to persons in their area who are |
| |
over compulsory school age but under 19. |
| |
(3) | Subsection (2) does not apply to the extent that an authority decide that |
| |
making available a course of study within a particular entitlement area |
| 15 |
would involve disproportionate expenditure. |
| |
(4) | An authority may comply with subsection (2) by securing that courses |
| |
of study are available either within or outside their area. |
| |
(5) | Subsection (2) does not entitle a person— |
| |
(a) | to follow a course of study within a particular additional |
| 20 |
| |
(b) | to follow more than one course of study within different |
| |
additional entitlement areas. |
| |
| (See section 17D for provision conferring entitlement in relation to the |
| |
additional entitlement areas.) |
| 25 |
(6) | In exercising their functions as required by this section, a local |
| |
education authority in England must have regard to any guidance |
| |
given from time to time by the Secretary of State. |
| |
| |
“additional entitlement area” has the meaning given by section |
| 30 |
| |
“the additional entitlement” has the meaning given by section |
| |
| |
“the core entitlement” has the meaning given by section 17C. |
| |
(8) | In this section and sections 17C and 17D “course of study” means a |
| 35 |
course of education or training leading to a qualification specified, or a |
| |
qualification of a description specified, by the Secretary of State by |
| |
order for the purposes of this subsection. |
| |
17B | Entitlement to education and training for 16 to 18 year olds |
| |
A person who is over compulsory school age but under 19 may elect for |
| 40 |
| |
(a) | the core entitlement (see section 17C), and |
| |
(b) | the additional entitlement (see section 17D). |
| |
|
| |
|
| |
|
| |
(1) | The core entitlement is an entitlement to follow a course of study in |
| |
each of the core subjects chosen by the person electing for the |
| |
entitlement (the “chosen core subjects”). |
| |
(2) | The core subjects are— |
| 5 |
| |
| |
(c) | information and communication technology. |
| |
(3) | The core entitlement is satisfied in relation to a person if a course of |
| |
study in each of the chosen core subjects is made available to the person |
| 10 |
at a school or institution. |
| |
(4) | A person’s entitlement to follow a course of study in one of the chosen |
| |
| |
(a) | a course of study in the subject is made available to the person, |
| |
| 15 |
(b) | the person does not begin the course of study before reaching |
| |
| |
17D | The additional entitlement |
| |
(1) | The additional entitlement is an entitlement to follow a course of study |
| |
in an additional entitlement area. |
| 20 |
(2) | An additional entitlement area is an area specified by the Secretary of |
| |
State by order for the purposes of this subsection. |
| |
(3) | The additional entitlement is satisfied in relation to a person if a course |
| |
of study in one of the additional entitlement areas is made available to |
| |
the person at a school or institution. |
| 25 |
(4) | A person’s entitlement to follow a course of study in an additional |
| |
entitlement area ceases if— |
| |
(a) | a course of study in the subject is made available to the person, |
| |
| |
(b) | the person does not begin the course of study before reaching |
| 30 |
| |
Provision of boarding accommodation: persons subject to learning difficulty assessment |
| |
45 | Provision of boarding accommodation: persons subject to learning difficulty |
| |
| |
After section 514 of the Education Act 1996 (c. 56) insert— |
| 35 |
“514A | Provision of boarding accommodation for persons subject to learning |
| |
| |
(1) | A local education authority in England may secure the provision of |
| |
boarding accommodation in connection with the provision of |
| |
education or training for a person in their area who is— |
| 40 |
(a) | over compulsory school age but under 25, and |
| |
(b) | subject to learning difficulty assessment. |
| |
|
| |
|
| |
|
(2) | A local education authority may secure the provision of boarding |
| |
accommodation under subsection (1) either within or outside their |
| |
| |
(3) | For the purposes of subsection (1) it is immaterial who provides, or |
| |
secures the provision of, the education or training. |
| 5 |
(4) | Section 15ZA(9) (persons subject to learning difficulty assessment) |
| |
applies for the purposes of this section as it applies for the purposes of |
| |
| |
(5) | In this section “education” and “training” have the same meanings as in |
| |
| 10 |
| |
46 | Work experience for persons over compulsory school age |
| |
After section 560 of the Education Act 1996 (c. 56) insert— |
| |
“560A | Work experience for persons over compulsory school age: England |
| |
(1) | A local education authority in England may secure the provision of |
| 15 |
work experience for 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 |
| |
| |
(2) | A local education authority in England must— |
| 20 |
(a) | encourage participation in work experience by persons in their |
| |
area who are within subsection (1)(a) or (b); |
| |
(b) | encourage employers to participate in the provision of work |
| |
experience for such persons. |
| |
(3) | Section 15ZA(9) (persons subject to learning difficulty assessment) |
| 25 |
applies for the purposes of this section as it applies for the purposes of |
| |
| |
Persons detained in youth accommodation |
| |
47 | Provision of education for persons subject to youth detention |
| |
After section 18 of the Education Act 1996 insert— |
| 30 |
“18A | Provision of education for persons subject to youth detention |
| |
(1) | A local education authority must secure that— |
| |
(a) | enough suitable education is provided to meet the reasonable |
| |
needs of children subject to youth detention in their area; |
| |
(b) | enough suitable education and training is provided to meet the |
| 35 |
reasonable needs of persons who are— |
| |
(i) | over compulsory school age but under 19, and |
| |
(ii) | subject to youth detention in their area. |
| |
|
| |
|
| |
|
(2) | In deciding for the purposes of subsection (1) whether education or |
| |
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 special educational needs or learning difficulties (within |
| 5 |
the meaning of section 15ZA(7) and (8)) the persons may have. |
| |
(3) | In performing the duty imposed by subsection (1), a local education |
| |
authority must have regard to any guidance issued— |
| |
(a) | in the case of a local education authority in England, by the |
| |
| 10 |
(b) | in the case of a local education authority in Wales, by the Welsh |
| |
| |
(4) | For the purposes of subsection (1), a person is subject to youth |
| |
detention in the area of a local education authority if— |
| |
(a) | subject to a detention order, and |
| 15 |
(b) | detained in relevant youth accommodation in the area of the |
| |
| |
(5) | Subsection (1A) of section 562 (meaning of references to a person |
| |
subject to a detention order and relevant youth accommodation) |
| |
applies for the purposes of this section as it applies for the purposes of |
| 20 |
| |
48 | Persons detained in youth accommodation: application of provisions |
| |
(1) | Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons |
| |
detained under order of a court) is amended as follows. |
| |
| 25 |
(a) | for “detained in pursuance of an order made by a court or of an order |
| |
of recall made by the Secretary of State” substitute “subject to a |
| |
detention order and is detained in accommodation that is not relevant |
| |
youth accommodation”, and |
| |
(b) | for “a person who is detained in pursuance of such an order” substitute |
| 30 |
| |
(3) | After that subsection insert— |
| |
“(1A) | For the purposes of this section— |
| |
(a) | a person is subject to a detention order if detained in pursuance |
| |
| 35 |
(i) | an order made by a court, or |
| |
(ii) | an order of recall made by the Secretary of State, and |
| |
(b) | relevant youth accommodation is accommodation which— |
| |
(i) | is youth detention accommodation (within the meaning |
| |
given by section 107(1) of the Powers of Criminal Courts |
| 40 |
(Sentencing) Act 2000), and |
| |
(ii) | is not in a young offender institution, or part of such an |
| |
institution, that is used wholly or mainly for the |
| |
detention of persons aged 18 and over.” |
| |
(4) | In subsection (2), for “subsection (1)” substitute “this section”. |
| 45 |
|
| |
|
| |
|
(5) | In the title, after “apply to” insert “certain”. |
| |
49 | Persons detained in youth accommodation: further provision |
| |
(1) | The Education Act 1996 (c. 56) is amended as follows. |
| |
(2) | After section 562 insert— |
| |
| 5 |
Persons detained in youth accommodation |
| |
562A | Duty to take steps to promote fulfilment of potential |
| |
(1) | This section applies where a child or young person is— |
| |
(a) | subject to a detention order, and |
| |
(b) | detained in relevant youth accommodation. |
| 10 |
(2) | The home authority must, both during the period of detention and |
| |
upon the person’s release from detention, take such steps as they |
| |
consider appropriate to promote the person’s fulfilment of his or her |
| |
| |
(3) | In this section, “home authority”, in relation to a child or young person, |
| 15 |
means the local education authority in whose area the child or young |
| |
person is ordinarily resident. |
| |
(4) | For the purposes of determining where a child or young person is |
| |
ordinarily resident, any period when the person is subject to a |
| |
detention order is to be disregarded. |
| 20 |
562B | Application of Act to detained persons |
| |
In its application in relation to children and young persons who are— |
| |
(a) | subject to a detention order, and |
| |
(b) | detained in relevant youth accommodation, |
| |
this Act has effect subject to modifications prescribed by regulations |
| 25 |
made by the appropriate national authority. |
| |
| |
In performing their functions under this Chapter a local authority must |
| |
have regard to any guidance issued by the appropriate national |
| |
| 30 |
562D | Interpretation of Chapter |
| |
(1) | Subsection (1A) of section 562 (meaning of references to a person |
| |
subject to detention and relevant youth accommodation) applies for the |
| |
purposes of this Chapter as it applies for the purposes of that section. |
| |
| 35 |
“the appropriate national authority” means— |
| |
(a) | in relation to England, the Secretary of State; |
| |
(b) | in relation to Wales, the Welsh Ministers. |
| |
“young person” includes a person aged 18.” |
| |
|
| |
|
| |
|
(3) | After section 569 insert— |
| |
“569A | Regulations made by Welsh Ministers under Chapter 5A |
| |
(1) | Any power of the Welsh Ministers to make regulations under Chapter |
| |
5A shall be exercised by statutory instrument. |
| |
(2) | A statutory instrument containing any such regulations made by the |
| 5 |
Welsh Ministers shall be subject to annulment in pursuance of a |
| |
resolution of the National Assembly for Wales. |
| |
(3) | Any such regulations may make different provision for different cases, |
| |
circumstances or areas and may contain such incidental, supplemental, |
| |
saving or transitional provisions as the Welsh Ministers think fit.” |
| 10 |
(4) | In section 579(1) (general interpretation)— |
| |
(a) | in the definition of “prescribed”, after ““prescribed”” insert “(except in |
| |
| |
(b) | in the definition of “regulations”, after ““regulations”” insert “(except in |
| |
| 15 |
50 | Detention of child or young person: local education authority to be notified |
| |
In section 39 of the Crime and Disorder Act 1998 (c. 37) (youth offending |
| |
teams), after subsection (7) add— |
| |
“(8) | Subsection (9) applies where a youth offending team becomes aware |
| |
that a child or young person has become subject to a detention order |
| 20 |
and is detained in relevant youth accommodation. |
| |
(9) | The youth offending team must as soon as practicable notify the home |
| |
local education authority of the child or young person of the place |
| |
where the child or young person is detained. |
| |
(10) | In subsections (8) and (9)— |
| 25 |
“home local education authority”, in relation to a child or young |
| |
person, means the local education authority which is the home |
| |
authority in relation to that person, within the meaning of |
| |
section 562A of the Education Act 1996 (duty to take steps to |
| |
promote fulfilment of potential); |
| 30 |
“young person” includes a person who is aged 18; |
| |
| and subsection (1A) of section 562 of that Act (meaning of references to |
| |
a person subject to a detention order and relevant youth |
| |
accommodation) applies for the purposes of this section as it applies for |
| |
the purposes of that section.” |
| 35 |
| |
51 | Transport policy statements for persons of sixth form age: consultation |
| |
In section 509AB(6) of the Education Act 1996 (c. 56) (people to be consulted |
| |
when preparing transport policy statements for persons of sixth form age in |
| |
England), in paragraph (c), before “and” insert— |
| 40 |
“(ca) | persons in the local education authority’s area who will be of |
| |
sixth form age when the statement has effect, and their |
| |
| |
|
| |
|