Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England
130

Powers of Secretary of State on submission of SSSNB agreement
223
Agreement submitted by SSSNB under section 220 or 221: ratification
recommended
(1)
This section applies if—
(a)
the SSSNB submits an agreement to the Secretary of State under section
5
220(5)(a) or 221(2), and
(b)
on submitting the agreement, the SSSNB makes a recommendation
within section 222(2)(a).
(2)
The Secretary of State may—
(a)
make an order ratifying the agreement, or
10
(b)
if the Secretary of State thinks that it would be inappropriate to make
an order ratifying the agreement, refer the agreement back to the
SSSNB for reconsideration (see section 225).
224
Agreement submitted by SSSNB under section 220 or 221: ratification not
recommended
15
(1)
This section applies if—
(a)
the SSSNB submits an agreement to the Secretary of State under section
220(5)(a) or 221(2), and
(b)
on submitting the agreement, the SSSNB makes a recommendation
within section 222(2)(b) (“the recommendation”).
20
(2)
The Secretary of State may—
(a)
make an order requiring the persons specified in the recommendation
to have regard to the agreement in exercising the functions specified in
the recommendation, or
(b)
if the Secretary of State thinks that it would be inappropriate to make
25
an order within paragraph (a), refer the agreement back to the SSSNB
for reconsideration (see section 225).
Reconsideration by SSSNB
225
Reconsideration of agreement by SSSNB
(1)
This section applies if, under section 223(2)(b), section 224(2)(b) or section
30
226(2)(b), the Secretary of State refers an agreement back to the SSSNB for
reconsideration.
(2)
The Secretary of State may specify—
(a)
factors to which the SSSNB must have regard in the reconsideration;
(b)
a date by which the SSSNB must comply with subsection (5).
35
(3)
The SSSNB must reconsider the agreement, having regard to any factors
specified under subsection (2)(a).
(4)
The SSSNB may also reconsider—
(a)
in the case of an agreement referred back to it under section 223(2)(b) or
section 224(2)(b), the recommendation made by it under section 222(2)
40
in respect of the agreement;

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England
131

(b)
in the case of an agreement referred back to it under section 226(2)(b),
the recommendation (if any) made by it under subsection (7) in respect
of the agreement.
(5)
After completing its reconsideration, the SSSNB must—
(a)
if it has agreed revisions to the agreement, submit to the Secretary of
5
State a new version of the agreement incorporating the revisions;
(b)
if it has not agreed revisions to the agreement, submit the existing
version of the agreement to the Secretary of State.
(6)
If the Secretary of State specifies a date under subsection (2)(b), the SSSNB
must comply with subsection (5) no later than that date.
10
(7)
On submitting an agreement under subsection (5), the SSSNB may recommend
that the Secretary of State either—
(a)
make an order ratifying the agreement, or
(b)
make an order requiring persons specified in the recommendation to
have regard to the agreement in exercising functions specified in the
15
recommendation.
(8)
The Secretary of State may, at any time before the SSSNB has complied with
subsection (5) in relation to an agreement referred back to it for
reconsideration—
(a)
withdraw or vary the reference;
20
(b)
if factors have been specified under subsection (2)(a), withdraw or vary
those factors, or specify further factors under that paragraph;
(c)
if a date has been specified under subsection (2)(b), specify a later date
under that paragraph.
226
SSSNB’s submission of agreement following reconsideration: powers of
25
Secretary of State
(1)
This section applies if the SSSNB submits an agreement about a matter to the
Secretary of State under section 225.
(2)
Subject to subsections (3) and (4), the Secretary of State may—
(a)
by order ratify the agreement;
30
(b)
refer the agreement back to the SSSNB for reconsideration (see section
225);
(c)
by order require specified persons to have regard to the agreement in
exercising specified functions;
(d)
by order make provision, in relation to a matter to which the agreement
35
relates, otherwise than in the terms of the agreement.
(3)
The Secretary of State may refer an agreement about a matter back to the
SSSNB for reconsideration only if it appears to the Secretary of State that the
condition in subsection (5) is met.
(4)
The Secretary of State may make an order under subsection (2)(d) in relation to
40
a matter only if it appears to the Secretary of State that—
(a)
the condition in subsection (5) is met, and
(b)
there is an urgent need to make provision in relation to the matter.
(5)
The condition is that one or more of the following applies—
(a)
the agreement does not properly address the matter;
45

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England
132

(b)
it is not practicable to implement the agreement;
(c)
the SSSNB failed in reconsidering the agreement to have regard to
factors specified under section 225(2)(a).
(6)
In this section, “specified”, in relation to an order, means specified in the order.
Powers of Secretary of State in absence of SSSNB agreement
5
227
Powers of Secretary of State in absence of SSSNB agreement
(1)
Subsection (2) applies if—
(a)
the SSSNB notifies the Secretary of State under section 220(5)(b) that it
has been unable to reach agreement on a matter referred to it, or
(b)
the SSSNB fails to comply with section 220(5) in relation to a matter by
10
any date specified under section 220(3)(b).
(2)
The Secretary of State may—
(a)
if a date has been specified under section 220(3)(b) in relation to the
matter, specify a later date under that paragraph, or
(b)
if it appears to the Secretary of State that there is an urgent need to do
15
so, by order make provision in relation to the matter.
(3)
Subsection (4) applies if the SSSNB fails to comply with section 225(5) in
relation to an agreement by any date specified under section 225(2)(b).
(4)
The Secretary of State may—
(a)
if a date has been specified under section 225(2)(b) in relation to the
20
SSSNB’s reconsideration of the agreement, specify a later date under
that paragraph, or
(b)
if it appears to the Secretary of State that there is an urgent need to do
so, by order make provision in relation to a matter to which the
agreement relates.
25
(5)
Before making an order under subsection (2)(b) or (4)(b), the Secretary of State
must consult the SSSNB.
Orders
228
Effect of order ratifying SSSNB agreement
(1)
This section applies if the Secretary of State makes an order ratifying an
30
agreement submitted by the SSSNB.
(2)
If the agreement relates to a person’s remuneration, the person’s remuneration
is to be determined and paid in accordance with it.
(3)
A provision of the agreement that relates to any other condition of a person’s
employment has effect as a term of the person’s contract of employment.
35
(4)
A term of that contract has no effect to the extent that it makes provision that
is prohibited by, or is otherwise inconsistent with, the agreement.

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Chapter 4 — School Support Staff Pay and Conditions: England
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229
Effect of order making provision otherwise than in terms of SSSNB
agreement
(1)
This section applies if the Secretary of State makes an order under section
226(2)(d) or 227(2)(b) or (4)(b).
(2)
The order must either—
5
(a)
require specified persons, in exercising specified functions, to have
regard to the order, or
(b)
provide that it is to have effect for determining the conditions of
employment of persons to whom it applies.
(3)
If the order makes provision within subsection (2)(b), subsections (4) to (6)
10
apply.
(4)
If the order relates to a person’s remuneration, the person’s remuneration is to
be determined and paid in accordance with it.
(5)
A provision of the order that relates to any other condition of a person’s
employment has effect as a term of the person’s contract of employment.
15
(6)
A term of that contract has no effect to the extent that it makes provision that
is prohibited by, or is otherwise inconsistent with, the order.
(7)
In subsection (2)(a), “specified” means specified in the order.
230
Orders: supplementary
(1)
An order under this Chapter may make provision that has retrospective effect,
20
subject to subsection (2).
(2)
An order under this Chapter may not make provision the effect of which is to—
(a)
reduce remuneration in respect of a period wholly or partly before the
date on which the order is made, or
(b)
alter a condition of a person’s employment to the person’s detriment in
25
respect of such a period.
(3)
An order under section 226(2)(d) or 227(2)(b) or (4)(b) may make provision by
reference to the exercise of a power under—
(a)
section 35 of the Education Act 2002 (c. 32) (staffing of community
schools, etc.), or
30
(b)
section 36 of that Act (staffing of foundation schools, etc.).
(4)
An order under this Chapter may make provision by reference to—
(a)
an agreement submitted to the Secretary of State by the SSSNB, or
(b)
any other document.
(5)
If an order under this Chapter does so, it must include provision about the
35
publication of the agreement or other document.
(6)
A reference in subsection (3) to an order under section 226(2)(d) or 227(2)(b) or
(4)(b), and a reference in section 229(4) to (6) to such an order, or a provision of
such an order, includes a reference to a provision of a document referred to by
such an order.
40
(7)
In Schedule 2 to the Education Act 2002 (effect on staffing of suspension of

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England
134

delegated budget), after paragraph 10 insert—
“11
Paragraph 8 has effect subject to—
(a)
any provision made by an order under section 223(2)(a) or
226(2)(a) of the Apprenticeships, Skills, Children and
Learning Act 2009;
5
(b)
any provision made by an order under section 226(2)(d) or
227(2)(b) or (4)(b) of that Act, where the order provides that
it is to have effect for determining the conditions of
employment of persons to whom it applies.”
Guidance
10
231
Guidance
(1)
The SSSNB may, with the approval of the Secretary of State, issue guidance
relating to—
(a)
an agreement to which an order under section 224(2)(a) or 226(2)(c)
requires persons to have regard;
15
(b)
an agreement that has been ratified by an order under this Chapter.
(2)
The Secretary of State may issue guidance relating to an order made under
section 226(2)(d) or 227(2)(b) or (4)(b).
(3)
In exercising functions in respect of school support staff, each of the following
is to have regard to guidance issued under this section—
20
(a)
a local education authority in England;
(b)
the governing body of a school maintained by a local education
authority in England.
General
232
Non-statutory School Support Staff Negotiating Body
25
(1)
This section applies for the purposes of this Chapter.
(2)
The establishment of the non-statutory School Support Staff Negotiating Body
is to be treated as the establishment of the SSSNB.
(3)
Arrangements made for the constitution of the non-statutory School Support
Staff Negotiating Body are to be treated as if they were arrangements made
30
under paragraph 1(1) of Schedule 15.
(4)
Consultation carried out before arrangements are made for the constitution of
the non-statutory School Support Staff Negotiating Body is to be treated as
carried out under paragraph 1(2) of Schedule 15.
(5)
A matter within the SSSNB’s remit that has been referred to the non-statutory
35
School Support Staff Negotiating Body by the Secretary of State is to be treated
as if it had been referred by the Secretary of State to the SSSNB under section
220.
(6)
For the purposes of this section the “non-statutory School Support Staff
Negotiating Body” is the body of persons—
40

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(a)
established by the Secretary of State before the date on which this
Chapter comes into force, and
(b)
known as the School Support Staff Negotiating Body.
233
“School support staff”
(1)
This section has effect for the purposes of this Chapter.
5
(2)
“School support staff” are persons within subsection (3).
(3)
A person is within this subsection if the person—
(a)
is employed by a local education authority in England or the governing
body of a school maintained by a local education authority in England,
under a contract of employment providing for the person to work
10
wholly at a school or schools maintained by a local education authority
in England;
(b)
is not a school teacher, or a person of a prescribed description.
(4)
In this section, “school teacher” means a person who is a school teacher for the
purposes of section 122 of the Education Act 2002 (c. 32).
15
234
General interpretation
For the purposes of this Chapter—
“contract of employment” has the meaning given by section 230(2) of the
Employment Rights Act 1996 (c. 18);
“school maintained by a local education authority” means—
20
(a)
a community, foundation or voluntary school;
(b)
a community or foundation special school;
(c)
a maintained nursery school;
(d)
a short stay school.
Part 11
25
Learners
Power to search for prohibited items
235
Power of members of staff to search pupils for prohibited items: England
(1)
After section 550A of the Education Act 1996 (c. 56) insert—
“Powers to search pupils
30
550ZA
Power of members of staff to search pupils for prohibited items:
England
(1)
This section applies where a member of staff of a school in England—
(a)
has reasonable grounds for suspecting that a pupil at the school
may have a prohibited item with him or her or in his or her
35
possessions; and
(b)
falls within section 550ZB(1).

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(2)
The member of staff may search the pupil (“P”) or P’s possessions for
that item.
(3)
For the purposes of this section and section 550ZC each of the following
is a “prohibited item”—
(a)
an article to which section 139 of the Criminal Justice Act 1988
5
applies (knives and blades etc);
(b)
an offensive weapon, within the meaning of the Prevention of
Crime Act 1953;
(c)
alcohol, within the meaning of section 191 of the Licensing Act
2003;
10
(d)
a controlled drug, within the meaning of section 2 of the Misuse
of Drugs Act 1971, which section 5(1) of that Act makes it
unlawful for P to have in P’s possession;
(e)
a stolen article.
(4)
In subsection (3)(e) “stolen”, in relation to an article, has the same
15
meaning as it has by virtue of section 24 of the Theft Act 1968 in the
provisions of that Act relating to goods which have been stolen.
(5)
In this section and section 550ZB—
“member of staff”, in relation to a school, means—
(a)
any teacher who works at the school; and
20
(b)
any other person who, with the authority of the head
teacher, has lawful control or charge of pupils for whom
education is being provided at the school;
“possessions”, in relation to P, includes any goods over which P
has or appears to have control.
25
(6)
The powers conferred by this section and sections 550ZB and 550ZC are
in addition to any powers exercisable by the member of staff in
question apart from those sections and are not to be construed as
restricting such powers.
550ZB
Power of search under section 550ZA: supplementary
30
(1)
A person may carry out a search under section 550ZA only if that
person—
(a)
is the head teacher of the school; or
(b)
has been authorised by the head teacher to carry out the search.
(2)
An authorisation for the purposes of subsection (1)(b) may be given in
35
relation to—
(a)
searches under section 550ZA generally;
(b)
a particular search under that section;
(c)
a particular description of searches under that section.
(3)
Nothing in any enactment, instrument or agreement shall be construed
40
as authorising a head teacher of a school in England to require a person
other than a member of the security staff of the school to carry out a
search under section 550ZA.
(4)
A search under section 550ZA may be carried out only where—
(a)
the member of staff and P are on the premises of the school; or
45