House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill


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

27

 

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

entitlement area, or

(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.

(7)   

In this section—

“additional entitlement area” has the meaning given by section

30

17D(2);

“the additional entitlement” has the meaning given by section

17D;

“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

either or both of—

(a)   

the core entitlement (see section 17C), and

(b)   

the additional entitlement (see section 17D).

 
 

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

28

 

17C     

The core entitlement

(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

(a)   

mathematics;

(b)   

English;

(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

core subjects ceases if—

(a)   

a course of study in the subject is made available to the person,

but

15

(b)   

the person does not begin the course of study before reaching

the age of 19.

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,

but

(b)   

the person does not begin the course of study before reaching

30

the age of 19.”

Provision of boarding accommodation: persons subject to learning difficulty assessment

45      

Provision of boarding accommodation: persons subject to learning difficulty

assessment

After section 514 of the Education Act 1996 (c. 56) insert—

35

“514A   

Provision of boarding accommodation for persons subject to learning

difficulty assessment

(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.

 
 

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

29

 

(2)   

A local education authority may secure the provision of boarding

accommodation under subsection (1) either within or outside their

area.

(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

section 15ZA.

(5)   

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

section 15ZA.”

10

Work experience

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

difficulty assessment.

(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

section 15ZA.”

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.

 
 

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

30

 

(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

Secretary of State;

10

(b)   

in the case of a local education authority in Wales, by the Welsh

Ministers.

(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

authority.

(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

that section.”

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.

(2)   

In subsection (1)—

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

“such a person”.

(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

of—

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

 
 

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

31

 

(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—

“Chapter 5A

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

learning potential.

(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.

562C    

Guidance

In performing their functions under this Chapter a local authority must

have regard to any guidance issued by the appropriate national

authority.

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.

(2)   

In this Chapter—

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.”

 
 

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

32

 

(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

Chapter 5A)”;

(b)   

in the definition of “regulations”, after ““regulations”” insert “(except in

Chapter 5A)”.

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

Transport in England

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

parents,”.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 5 February 2009