Apprenticeships, Skills, Children and Learning Bill

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
33

52
Transport policy statements for persons of sixth form age: content and
publication
(1)
In section 509AB of the Education Act 1996 (c. 56) (provision of transport etc for
persons of sixth form age in England), after subsection (7) insert—
“(7A)
In preparing and publishing a statement under section 509AA, a local
5
education authority must have regard to (among other things) the need
to—
(a)
include in the statement sufficient information about the
matters that the statement must specify, and
(b)
publish the statement in time,
10

to enable persons who will be of sixth form age when the statement has
effect and their parents to take reasonable account of those matters
when choosing between different establishments at which education or
training is provided.”
(2)
In section 509AA(10) for “by substituting a different date for 31st May”
15
substitute “to change the time by which the statement must be published”.
53
Complaints about transport arrangements etc for persons of sixth form age
(1)
The Education Act 1996 is amended as follows.
(2)
After section 509AD (local education authorities in England: duty to have
regard to religion or belief in exercise of travel functions) insert—
20
“509AE
Complaints about transport arrangements etc for persons of sixth
form age in England
(1)
A local education authority may revise a statement prepared under
section 509AA to change the arrangements specified under subsection
(2) or (3) of that section if, as a result of a sixth form transport complaint,
25
they have come to consider the change necessary for the purpose
mentioned in that subsection.
(2)
A local education authority must revise a statement prepared under
section 509AA to change the arrangements specified under subsection
(2) or (3) of that section if, as a result of a sixth form transport complaint,
30
the Secretary of State has directed them to do so.
(3)
An authority that revise a statement under subsection (1) or (2) must
publish the revised statement and a description of the revision as soon
as practicable.
(4)
The Secretary of State need not consider whether to exercise any power
35
under sections 496 to 497A (powers to prevent unreasonable exercise of
functions, etc), section 509AA(9) (power to require LEA to make
additional transport arrangements), or subsection (2) of this section in
response to a matter that is, or could have been, the subject of a sixth
form transport complaint made to him or her unless satisfied that—
40
(a)
the matter has been brought to the notice of the local education
authority concerned, and
(b)
the authority have had a reasonable opportunity to investigate
the matter and respond.

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions
34

(5)
In this section “sixth form transport complaint” means a complaint that
is—
(a)
about a local education authority’s exercise of, or failure to
exercise, a function under sections 509AA to 509AD in relation
to persons of sixth form age, and
5
(b)
made by a person who is, or will be, a person of sixth form age
when the matter complained of has effect, or by a parent of such
a person,

and “sixth form age” is to be construed in accordance with section
509AC(1).
10
(6)
For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC
and 509AD, the revision of a statement under this section is to be
treated as the preparation of a statement under section 509AA.
(7)
Where a local authority have published in a single document a
statement prepared under section 508G and a statement prepared
15
under 509AA, the requirement to publish a revised statement under
subsection (3) is to be treated as a requirement to publish a version of
the document that includes the revised statement.”
(3)
In section 496 (power of Secretary of State to prevent unreasonable exercise of
functions), after subsection (4) (as inserted by section 206(1) of this Act)
20
insert—
“(5)
This section is subject to section 509AE (complaints about transport
arrangements etc for persons of sixth form age in England).”
(4)
In section 497 (general default powers of Secretary of State), after subsection (5)
(as inserted by section 206(2) of this Act) insert—
25
“(6)
This section is subject to section 509AE (complaints about transport
arrangements etc for persons of sixth form age in England).”
(5)
In section 497A (power of Secretary of State to secure proper performance of
LEA’s functions), at the end insert—
“(8)
This section is subject to section 509AE (complaints about transport
30
arrangements etc for persons of sixth form age in England).”
(6)
In section 509AA (provision of transport etc for persons of sixth form age), at
the end insert—
“(11)
Subsection (9) is subject to section 509AE (complaints about transport
arrangements etc for persons of sixth form age in England).”
35
54
Local education authorities in England: provision of transport etc for adult
learners
(1)
The Education Act 1996 (c. 56) is amended as follows.
(2)
After section 508E (LEAs in England: school travel schemes) insert—
“508F
LEAs in England: provision of transport etc for adult learners
40
(1)
A local education authority in England must make such arrangements
for the provision of transport and otherwise as they consider necessary,
or as the Secretary of State may direct, for the purposes mentioned in
subsections (2) and (3).

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions
35

(2)
The first purpose is to facilitate the attendance of adults receiving
education at institutions—
(a)
maintained or assisted by the authority and providing further
or higher education (or both), or
(b)
within the further education sector.
5
(3)
The second purpose is to facilitate the attendance of relevant young
adults receiving education or training at institutions outside both the
further and higher education sectors, but only in cases where the local
education authority have secured for the adults in question—
(a)
the provision of education or training at the institution in
10
question, and
(b)
the provision of boarding accommodation under section 514A.
(4)
Any transport provided under subsection (1) must be provided free of
charge.
(5)
In considering whether they are required by subsection (1) to make
15
arrangements in relation to a particular adult, a local education
authority must have regard (among other things) to the age of the adult
and the nature of the route, or alternative routes, which the adult could
reasonably be expected to take.
(6)
Arrangements made under subsection (1) by virtue of subsection (3) to
20
facilitate full-time education or training at an institution outside both
the further or higher education sectors must be no less favourable than
the arrangements made for relevant young adults of the same age for
whom the authority secure the provision of education at another
institution.
25
(7)
A local education authority in England may pay all or part of the
reasonable travelling expenses of an adult—
(a)
receiving education or training at an institution mentioned in
subsection (2) or (3), and
(b)
for whose transport no arrangements are made under
30
subsection (1).
(8)
In this section—
“adult” means a person who is neither a child nor a person of sixth
form age,
“sixth form age” is to be construed in accordance with section
35
509AC(1), and
“relevant young adult” means an adult who is aged under 25 and
is subject to learning difficulty assessment.
(9)
Section 15ZA(9) (persons subject to learning difficulty assessment)
applies for the purposes of subsection (8) as it applies for the purposes
40
of section 15ZA.
508G
LEAs in England: transport policy statements etc for certain young
adults
(1)
A local education authority in England making arrangements, or
proposing to pay travelling expenses, under section 508F in relation to
45
relevant young adults must consult—

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions
36

(a)
any other local education authority that they consider it
appropriate to consult,
(b)
governing bodies of institutions within the further education
sector in the authority’s area,
(c)
persons in the local education authority’s area who will be
5
relevant young adults when the arrangements or payments
have effect, and their parents,
(d)
the Secretary of State, and
(e)
any other person specified by the Secretary of State.
(2)
The authority must prepare for each academic year a transport policy
10
statement complying with the following requirements.
(3)
The statement must specify any transport or other arrangements, and
any payment of travelling expenses, made or to be made in relation to
the year under section 508F in relation to relevant young adults.
(4)
The statement must also specify any travel concessions (within the
15
meaning of Part 5 of the Transport Act 1985) which are to be provided
under any scheme established under section 93 of that Act to relevant
young adults receiving education or training at an institution
mentioned in subsection (2) or (3) of section 508F.
(5)
The authority must publish the statement by the end of May in the year
20
in which the relevant academic year begins.
(6)
In preparing and publishing the statement, the authority must have
regard to (among other things) the need to—
(a)
include in the statement sufficient information about the
matters that the statement must specify, and
25
(b)
publish the statement in time,

to enable relevant young adults and their parents to take reasonable
account of those matters when choosing between different institutions
at which education or training is provided.
(7)
In preparing and publishing the statement the authority must also have
30
regard to any guidance issued by the Secretary of State under this
section.
(8)
The publication of a statement under this section in relation to an
academic year does not prevent an authority from—
(a)
making additional arrangements or payments under section
35
508F in relation to the academic year, or
(b)
providing additional travel concessions in relation to the
academic year.
(9)
The Secretary of State may amend subsection (5) by order to change the
time by which the statement must be published.
40
(10)
In this section—
“academic year” has the meaning given in section 509AC,
“governing body” has the meaning given in section 509AC, and
“relevant young adult” has the meaning given in section 508F.”
(3)
In section 509AD(2) (LEAs in England: duty to have regard to religion or belief
45

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 1 — Establishment
37

in exercise of travel functions) for the entry relating to section 508F substitute—
“section 508F (LEAs in England: provision of transport etc for
adult learners);”.
(4)
Section 509 (provision of transport etc) ceases to have effect.
(5)
Section 81 of the Education and Inspections Act 2006 (c. 40) (LEAs in England:
5
provision of transport etc for certain adult learners) ceases to have effect.
Powers in respect of non-maintained schools
55
Power of LEAs to arrange provision of education at non-maintained schools
(1)
The following provisions cease to have effect—
(a)
section 128 of the School Standards and Framework Act 1998 (c. 31),
10
and
(b)
paragraph 64 of Schedule 30 to that Act.
(2)
Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of
LEAs to assist, and arrange provision of education at, non-maintained schools)
continue to have effect as if the provisions mentioned in subsection (1) had
15
never been enacted.
General
56
Minor and consequential amendments
Schedule 2 contains minor and consequential amendments relating to the
provision made by this Part.
20
Part 3
The Young People’s Learning Agency for England
Chapter 1
Establishment
57
The Young People’s Learning Agency for England
25
(1)
There is to be a body corporate known as the Young People’s Learning Agency
for England.
(2)
In this Part that body is referred to as “the YPLA”.
(3)
Except as provided for in sections 65 to 67, the YPLA is to perform its functions
in relation to England only.
30
(4)
Schedule 3 makes further provision about the YPLA.

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions
38

Chapter 2
Main functions
Funding
58
Provision of financial resources
(1)
The YPLA must secure the provision of financial resources to—
5
(a)
persons providing or proposing to provide suitable education or
training to persons—
(i)
who are over compulsory school age but under 19, or
(ii)
who are aged 19 or over but under 25 and are subject to learning
difficulty assessment;
10
(b)
local education authorities, for the purposes of their functions in
relation to such education or training.
(2)
The YPLA must also secure the provision of financial resources in accordance
with any directions given to it by the Secretary of State.
(3)
The YPLA may secure the provision of financial resources to—
15
(a)
persons providing or proposing to provide education or training to
persons who are of or under compulsory school age;
(b)
persons providing or proposing to provide education or training to
persons aged 19 or over, in respect of education or training begun by
them before reaching the age of 19;
20
(c)
local education authorities, for the purposes of their functions in
relation to education or training in respect of which the YPLA has
power to secure the provision of financial resources under paragraph
(a) or (b).
(4)
The YPLA may also secure the provision of financial resources—
25
(a)
to or in respect of persons (of any age) for purposes related to enabling,
facilitating or encouraging their participation in education or training;
(b)
to persons providing or proposing to provide goods or services in
connection with the provision by others of education or training within
subsection (1)(a) or (3)(a) or (b);
30
(c)
to persons undertaking or proposing to undertake research relating to
education or training;
(d)
to persons providing or proposing to provide work experience for
persons receiving education;
(e)
to persons carrying out means tests under arrangements made under
35
section 61;
(f)
to persons providing or proposing to provide information, advice or
guidance about education or training or connected matters (including
employment).
(5)
In performing its functions under this section the YPLA must make the best use
40
of its resources and in particular avoid provision that might give rise to
disproportionate expenditure.
(6)
Provision is not to be considered as giving rise to disproportionate expenditure
only because it is more expensive than comparable provision.

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions
39

(7)
The YPLA may secure the provision of financial resources under this section—
(a)
by providing the resources;
(b)
by making arrangements for the provision of resources by another
person;
(c)
by making arrangements for the provision of resources by persons
5
jointly (whether or not including the YPLA).
(8)
The YPLA may under subsection (4)(a) secure the provision of financial
resources by reference to—
(a)
any fees or charges payable by the person receiving or proposing to
receive the education or training, or
10
(b)
any other matter (such as transport or childcare).
(9)
The reference in subsection (1) to persons—
(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,
15

does not include persons who are subject to adult detention within the
meaning given in section 118(5).
(10)
Directions given under subsection (2) may not concern the provision of
financial resources to or in respect of a particular person or persons.
59
Financial resources: conditions
20
(1)
Financial resources provided by the YPLA may be provided subject to
conditions.
(2)
The conditions may include—
(a)
information conditions;
(b)
operational conditions;
25
(c)
repayment conditions.
(3)
Information conditions are conditions which—
(a)
require the YPLA, or a person designated by the YPLA, to be given
access to a person’s accounts and documents and to be given rights in
relation to a person’s computers and associated apparatus and
30
material, or
(b)
require a person to whom financial resources are provided to give to
the YPLA such information as the YPLA may request for the purpose
of carrying out its functions.
(4)
Operational conditions are conditions which require a person providing or
35
proposing to provide education or training (“the provider”) to make
arrangements providing for all or any of the matters mentioned in subsection
(5).
(5)
The matters are the following—
(a)
the charging of fees by the provider by reference to specified criteria;
40
(b)
the making of awards by the provider by reference to specified criteria;
(c)
the recovery by the provider of amounts from persons receiving
education or training or from employers (or from both);
(d)
the determination of amounts by reference to specified criteria where
provision is made under paragraph (c);
45