Accessibility
Email alerts
RSS feeds
Contact us
Home
Parliamentary business
MPs, Lords & offices
About Parliament
Get involved
Visiting
Education
House of Commons
House of Lords
What's on
Bills & legislation
Committees
Publications & records
Parliament TV
News
Topics
You are here:
Parliament home page
>
Parliamentary business
>
Bills and legislation
>
Bills before Parliament
>
Explanatory Notes
House of Commons
Session 2008-09
Publications on the internet
Other Bills before Parliament
Bill Home Page
Index to Apprenticeships, Skills, Children And Learning Bill
INTRODUCTION
BACKGROUND AND SUMMARY
Local education authority
OVERVIEW OF THE STRUCTURE
Part 2: Local Education Authority (LEA) Functions
Part 3: The Young People's Learning Agency for England
Part 4: The Chief Executive of Skills Funding
Part 5: Parts 2 to 4 Supplementary
Part 6: The sixth form college sector
Part 7: Office of Qualifications and Examinations Regulation
Part 8: Qualifications and Curriculum Development Agency
Part 9: Childrens Services
Part 10: Schools
Part 11: Learners
Part 12: Miscellaneous
TERRITORIAL EXTENT AND APPLICATION
Territorial application: Scotland
Territorial application: Wales
Territorial application: Northern Ireland
COMMENTARY ON CLAUSES
Apprenticeship certificates: England
Clause 1: Duty to issue apprenticeship certificates: England
Clause 2: Power to issue apprenticeship certificates: England
Clause 3: Issue of certificates by the English certifying authority: supplementary
Clause 4: The English certifying authority
Clause 5: Duty to issue apprenticeship certificates: Wales, Clause 6: Power to issue apprenticeship certificates: Wales, Clause 7: Issue of certificates by the Welsh certifying authority: supplementary, Clause 8: The Welsh certifying authority
Clause 9: Contents of apprenticeship certificate
Apprenticeship frameworks: England and Wales
Apprenticeship Frameworks: England
Clause 12: Issue of apprenticeship frameworks etc.: England
Clause 13: Recognised English frameworks: notification and publication requirements
Clause 15: Transitional provision for apprenticeship frameworks: England
Apprenticeship frameworks: Wales
Specification of apprenticeship standards for England
Clause 21: Duty to prepare and submit draft specification of apprenticeship standards: England
Clause 22: Order bringing specification of apprenticeship standards for England into effect
Clause 23: Modification of specification of apprenticeship standards for England
Clause 24: Replacement or modification of specification of apprenticeship standards: recognised English frameworks
Clause 25: Contents of specification of apprenticeship standards for England
Specification of apprenticeship standards for Wales
Apprenticeship Agreements: England and Wales
Clause 31: Ineffective provisions in an apprenticeship agreement
Clause 32: Variation of an apprenticeship agreement
Clause 33: Status of an apprenticeship agreement
Clause 34: Crown servants and Parliamentary staff
Careers education in schools: England
Duty to participate in education or training: England
General
Chapter 2: Study and Training
Schedule 1: Minor and consequential amendments
PART 2: LEA FUNCTIONS
Clause 40: Education and training for persons over compulsory school age: general duty
Clause 41: Encouragement of education and training for persons over compulsory school age
The core and additional entitlements
Provision of boarding accommodation: persons subject to learning assessment
Work experience
Persons detained in youth accommodation
Clause 48: Persons detained in youth accommodation: application of provisions
Clause 49: Persons detained in youth accommodation: further provision
Clause 50: Detention of child or young person: local education authority to be notified
Clause 51: Transport policy statements for persons of sixth form age: consultation
Clause 52: Transport policy statements for persons of sixth form age: content and publication
Clause 53: Complaints about transport arrangements etc for persons of sixth form age
Clause 54: Local education authorities in England: provision of transport etc for adult learners
Powers in respect of non-maintained schools
PART 3: THE YOUNG PEOPLES LEARNING AGENCY FOR ENGLAND
Chapter 1: Establishment
Schedule 3: The Young Peoples Learning Agency for England
Chapter 2: Main Functions
Clause 59: Financial resources: conditions
Clause 60: Performance assessments
Clause 61: Means tests
Clause 62: Prohibition on charging
Clause 63: Securing provision of education or training
Provision of services and assistance
Clause 66: Assistance with respect to employment and training, Clause 67: Assistance with respect to employment and training: Northern Ireland
Miscellaneous
Clause 69: Guidance by YPLA
Clause 70: Intervention powers: policy statement
Clause 71: Power of Secretary of State to confer supplementary functions on YPLA
Chapter 3: YPLAs Functions: Supplementary
Clause 73: Guidance by Secretary of State
Chapter 4: Academy Arrangements
Clause 75: Grants for purposes of Academy arrangements functions
Clause 76: Academy arrangements: information sharing
PART 4: THE CHIEF EXECUTIVE OF SKILLS FUNDING
Clause 78: The Chief Executive of Skills Funding
Schedule 4: The Chief Executive of Skills Funding
Apprenticeship training for persons aged 16 to 18and certain young adults
Clause 87: Apprenticeship scheme requirements: interpretation
Clause 92: Education and training for persons aged 19 or over and others subject to adult detention
Clause 93: Learning aims for persons aged 19 or over: provision of facilities
Clause 94: Learning aims for persons aged 19 or over: payment of tuition fees
Clause 95: Sections 93 and 94: supplementary
Schedule 5: Learning aims for persons aged 19 or over
Clause 96: Encouragement of education and training for persons aged 19 or over and others subject to adult detention
Clause 97: Provision of financial resources
Clause 98: Financial resources: conditions
Clause 99: Performance assessments
Clause 100: Means tests
Clause 101: Assistance and support in relation to apprenticeship places
Clause 102: Advice and Assistance in relation to apprenticeships
Clause 103: Provision of services
Clause 104: Assistance with respect to employment and training, Clause 105: Assistance with respect to employment and training: Northern Ireland
Clause 106: Research, information and advice
Clause 107: Power to confer supplementary functions on Chief Executive
Chapter 3: Chief Executives functions: supplementary
Clause 109: Strategy for functions of Chief Executive: Greater London
Clause 110: Strategies: duty of Chief Executive
Clause 111: Persons aged 19 or over with learning difficulties
Clause 112: Persons subject to adult detention
Clause 113: Use of information by Chief Executive
Clause 114: Guidance
Clause 115: Directions: funding of qualifications
Clause 116: Directions: funding conditions requiring co-operation
Clause 117: Other directions relating to the functions of the office
PART 5: PARTS 2 TO 4: SUPPLEMENTARY
The Learning and Skills Council for England
Schedule 7: Learning and Skills Council for England: transfer schemes
PART 6: THE SIXTH FORM COLLEGE SECTOR
Clause 123: Removal of power to establish sixth form schools
Schedule 8 - Sixth form college sector
Section 33A: Initial designation of existing bodies corporate as sixth form college corporations
Section 33B: Subsequent designation of existing bodies corporate as sixth form college corporations
Section 33C: Establishment of new bodies corporate as sixth form college corporations
Section 33D: Conversion of sixth form college corporations into further education corporations
Section 33E: Principal powers of a sixth form college corporation, Section 33F: Supplementary powers of a sixth form college corporation, Section 33G: Further provision about supplementary powers
Section 33H: Duty in relation to promotion of well-being of local area
Section 33I: Constitution of sixth form college corporation and conduct of sixth form college, Section 33J: Special provision for certain institutions, Section 33K: Instrument and articles of new sixth form college corporations, Section 33L: Changes to instruments and articles
Section 33M: Charitable status of a sixth form college corporation
Section 33N: Dissolution of sixth form college corporations
Sections 56E and 56F: Intervention by LEAs: sixth form colleges
Section 56G: Intervention policy: sixth form colleges
Sections 56H & 56I: Intervention by YPLA
Section 56J: Notification by Chief Executive of Skills Funding of possible grounds for intervention
PART 7: OFFICE OF QUALIFICATIONS AND EXAMINATIONS REGULATION
Chapter 1: Establishment, objectives and general duties
Schedule 9 - The Office of Qualifications and Examinations
Status
Membership
Chief executive and other staff
Committees
Objectives and general duties
Clause 126: General duties
Regulated qualifications and regulated assessment arrangements
Clause 128: Meaning of regulated assessment arrangementsetc.
Chapter 2: Functions in relation to qualifications
Recognition of awarding bodies
Clause 130: Criteria for recognition
Clause 131: General conditions of recognition
Clause 132: Other conditions of recognition
Clause 133: Fee capping conditions: supplementary
Clause 134: Entry and inspection conditions: supplementary
Accreditation of certain qualifications
Clause 136: Accreditation
Clause 137: Criteria for accreditation
Recognition and accreditation: supplementary
Clause 139: Assignment of numbers of hours of guided learning
Clause 140: Criteria for assignment of numbers of hours of guided learning
Clause 141: Register
Recognised bodies: monitoring and enforcement
Clause 143: Investigation of complaints
Ofquals enforcement powers
Clause 144: Power to give directions
Clause 145: Power to withdraw recognition
Clause 146: Qualifications regulatory framework
Other
Clause 148: Co-operation and joint working
Clause 149: Power to provide information to other qualifications regulators
Chapter 3: Functions in Relation to Assessment Arrangements
Development etc. of regulated assessment arrangements
Review etc. of regulated assessment arrangements
Clause 153: Review of regulated assessment arrangements
Clause 154: Powers to require information
Clause 155: Duty to notify significant failings
Regulatory frameworks
Chapter 4: Other Functions
Clause 160: Provision of information or advice
Clause 161: Research and development
Clause 162: Annual and other reports
Chapter 5: General
Clause 164: Transfer schemes
Schedule 10: Ofqual: transfer schemes
Clause 165: Minor and consequential amendments
PART 8: THE QUALIFICATIONS AND CURRICULUM DEVELOPMENT AGENCY
Clause 166: The Qualifications and Curriculum Development Agency
Schedule 11: The Qualifications and Curriculum Development Agency
Objective and general duties
Clause 167: Objective
Clause 168: General duties
Chapter 2: Functions in relation to qualifications
Clause 170: Qualifications: general functions
Clause 171: Assistance etc. in relation to recognition and accreditation
Chapter 3: Functions in relation to curriculum, Early Years Foundation Stage and assessment
Clause 172: Curriculum
Clause 173: Early learning goals and educational programmes
Clause 174: Assessment arrangements
Chapter 4: Other functions and supplementary provision
Clause 176: Provision of information or advice
Clause 177: Ancillary activities
Clause 178: Co-operation and joint working
Clause 179: Power to confer supplementary functions on the QCDA
Supplementary provision
Clause 181: Guidance by the Secretary of State
Chapter 5: General
Clause 183: Minor and consequential amendments
Schedule 12: Ofqual and the QCDA: minor and consequential amendments
(1) Those that relate to the establishment of Ofqual as a new Government Department and to the change of name and charitable status of the Qualifications and Curriculum Authority (paragraphs 1-7 and 23).
(2) The repeal of sections 21 to 26A, section 36 and Schedule 4 to the Education Act 1997 (paragraphs 9 and 15-18)
(3) Amendments to the legislation governing the regulation of qualifications in Wales, keeping the regulatory powers of Welsh Ministers broadly in step with those of Ofqual (paragraphs 10-14)
Paragraph 11
Paragraph 12
Paragraph 13
Paragraph 14
(4) Amendments to the provisions of the Learning and Skills Act 2000 governing eligibility for public funding for qualifications in maintained schools etc (paragraphs 19-22)
(5) Amendments to the legislation governing NC and Early Years Foundation Stage assessments (paragraphs 24 to 28 and 31 to 34)
(6) Changes to procedures for exemptions from the National Curriculum and Early Years Foundation Stage: Education Act 2002 and Childcare Act 2006 (paragraphs 29 and 35)
(7) Changes to streamline consultation relating to the National Curriculum: section 96 of the Education Act 2002 (paragraph 30)
PART 9: CHILDRENS SERVICES
Clause 185: Childrens Trust Boards
Childrens centres
Clause 186: Arrangements for childrens centres
Clause 187: Inspection of childrens centres
Clause 188: Childrens centres: safeguarding children
Clause 189: Arrangements in respect of early childhood services
Early years provision: budgetary framework
PART 10: SCHOOLS
Clause 191: Powers in relation to schools causing concern: England
Schedule 13 - Powers in relation to schools causing concern: England
Clause 192: Power to require LEAs in England to obtain advisory services
Clause 193: Powers in relation to schools causing concern: Wales and Schedule 14: powers in relation to schools causing concern: Wales
Chapter 2: Complaints: England
Clause 194: Complaints to which this Chapter applies
Clause 195: Power of Local Commissioner to investigate complaint
Clause 196: Time-limit etc for making complaint
Clause 197: Procedures in respect of investigations
Clause 198: Investigations: further provisions
Clause 199: Statements about investigations
Clause 200: Adverse findings notices
Clause 201: Publication of statements etc. by Local Commissioner
Clause 202: Disclosure of information, Clause 203: Permitted disclosures of information by Local Commissioner
Clause 204: Annual reports
Clause 207: Power to amend meaning of qualifying school
Clause 208: Amendments consequential on Chapter 2
Chapter 3: Inspections
Clause 211: Powers of persons providing administrative support in connection with inspections
Chapter 4: School Support Staff Pay Conditions: England
The SSSNB
Schedule 15: The School Support Staff Negotiating Body
Clause 213: Matters within SSSNBs remit
Clause 214: Referral of matter to SSSNB for consideration
Clause 215: Consideration of other matters by SSSNB
Clause 216: Submission of agreement under section 214 or 215: SSSNB recommendation
Clause 221: Powers of Secretary of State in absence of SSSNB agreement
Clause 222: Effect of order ratifying SSSNB agreement
Clause 224: Orders: supplementary
Clause225: Guidance
Clause 226: Non-statutory School Support Staff Negotiating Body
Clause 227: School support staff
Clause 228: General interpretation
PART 11: LEARNERS
Section 550ZA: Power of members of staff to search for prohibited items: England
Section 550ZB: Power of search under section 550ZA: supplementary
Section 550ZC: Power to seize items found during search under section 550ZA
Section 550ZD: Section 550ZC: supplementary
Clause 230: Power of members of staff to search pupils for weapons: Wales
Clause 231: Power of members of staff to search students for prohibited items: England
Section 85AA: Power of members of staff to search for prohibited items: England
Section 85AB: Power of search under section 85AA: supplementary
Section 85AC: Power to seize items found during search under section 85AA
Section 85AD: Section 85AC: supplementary
Clause 232: Power of members of staff to search pupils for weapons: Wales
Recording and reporting use of force
Clause 233: Recording and reporting the use of force in schools: England
Clause 234: Recording and reporting the use of force in FE colleges: England
School behaviour partnerships
Short stay schools
Clause 236: Short stay schools: miscellaneous
PART 12: MISCELLANEOUS
Clause 237: Information about planned and actual expenditure
Clause 238: Information about expenditure: supplementary
Clause 239: Information about expenditure: consequential amendments
Support for participation in education and training
Clause 240: Provision of social security information for purposes of functions under Education and Skills Act 2008
Clause 241: Provision of other information in connection with support services
Clause 242: Further education corporations: promotion of well-being
Student loans
Clause 245: Power to award foundation degrees: Wales
PUBLIC SECTOR FINANCIAL COST AND MANPOWER IMPLICATIONS
SUMMARY OF THE IMPACT ASSESSMENT
EUROPEAN CONVENTION ON HUMAN RIGHTS
Clause 32: Variation of an apprenticeship agreement
Clauses 233 and 234: Recording and reporting the use of force in schools and FE Colleges
COMMENCEMENT
GLOSSARY OF TERMS AND ABBREVIATIONS
ANNEX A: TERRITORIAL APPLICATION TABLE
© Parliamentary copyright 2009
Prepared: 10 February 2009