Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

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Part 11 — Learners
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240
Recording and reporting the use of force in FE colleges: England
After section 85C of the Further and Higher Education Act 1992 (power of
members of staff to use force) insert—
“85D
Recording and reporting the use of force by members of staff: England
(1)
The governing body of an institution within the further education
5
sector in England must ensure that a procedure is in place for—
(a)
recording each significant incident in which a member of the
staff uses force on a student at the institution (a “use of force
incident”); and
(b)
reporting each use of force incident (except those where the
10
student is aged 20 or over) to each parent of the student as soon
as practicable after the incident.
(2)
The governing body must take all reasonable steps to ensure that the
procedure is complied with.
(3)
The procedure must require that a record of a use of force incident is
15
made in writing as soon as practicable after the incident.
(4)
In discharging their duty under subsection (1), the governing body
must have regard to any guidance issued by the Secretary of State for
the purposes of that subsection.
(5)
In this section, “parent”, in relation to a student, has the meaning given
20
by section 576 of EA 1996 in relation to a child or young person, but
includes a local authority which provides accommodation for the
student under section 20 of the Children Act 1989.”
School behaviour and attendance partnerships
241
Co-operation with a view to promoting good behaviour, etc.: England
25
(1)
A “relevant partner” for the purposes of this section is—
(a)
the governing body of a maintained secondary school in England;
(b)
the proprietor of an Academy, city technology college or city college for
the technology of the arts in England.
(2)
A relevant partner must make arrangements with at least one other relevant
30
partner in their area to co-operate with each other with a view to—
(a)
promoting good behaviour and discipline on the part of pupils;
(b)
reducing persistent absence by pupils.
(3)
In performing their duties under this section, relevant partners must have
regard to any guidance given by the Secretary of State.
35
(4)
For the purposes of this section—
(a)
the area of a governing body of a maintained secondary school is the
area of the local education authority by which the school is maintained;
(b)
the area of an Academy, city technology college or city college for the
technology of the arts is the area of the local education authority in
40
whose area the school is situated.
(5)
In this section “maintained secondary school” means—

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(a)
a community, foundation or voluntary school that provides secondary
education;
(b)
a community or foundation special school that provides secondary
education.
Short stay schools
5
242
Short stay schools: miscellaneous
(1)
A school established in England and falling within section 19(2B) of the
Education Act 1996 (c. 56) (pupil referral units) is to be known from the day on
which this subsection comes into force as a “short stay school”.
(2)
The Secretary of State may by order make amendments consequential on the
10
change of name effected by subsection (1) to—
(a)
any enactment (including this Act) passed on or before the last day of
the Session in which this Act is passed;
(b)
an instrument made under an Act before the passing of this Act.
(3)
After paragraph 3 of Schedule 1 to the Education Act 1996 (short stay schools:
15
further provision) insert—
“3A
Regulations may also—
(a)
require a local education authority in England to obtain the
consent of the Secretary of State, in specified circumstances,
to the closure of a short stay school;
20
(b)
confer a power on the Secretary of State to give directions to
a local education authority in England about the exercise of—
(i)
their functions under section 19;
(ii)
their functions under any enactment applied to short
stay schools (with or without modifications) by
25
regulations under paragraph 3;
(iii)
any other function connected with short stay schools;
(c)
require a local education authority to comply with such
directions.”
Part 12
30
Miscellaneous
Information about local authority expenditure
243
Information about planned and actual expenditure
(1)
The Secretary of State may direct a local authority in England to provide
information about its planned and actual expenditure in connection with—
35
(a)
its education functions;
(b)
its children’s social services functions.
(2)
The Secretary of State may also direct a local authority in England to provide
information about accountable resources held, received or expended by any
person in relation to a school maintained by the authority.
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(3)
Information to which a direction under this section relates must be provided in
accordance with the direction.
(4)
A direction under this section may (in particular) include provision about—
(a)
the period to which information is to relate;
(b)
the form and manner in which information is to be provided;
5
(c)
the persons to whom information is to be provided;
(d)
the publication of information.
(5)
If a direction under this section requires information to be provided to a person
other than the Secretary of State, the direction may also require that person to
make the information available for inspection in accordance with the direction.
10
244
Information about expenditure: supplementary
(1)
This section applies for the purposes of section 243.
(2)
The education functions of a local authority in England are the functions
conferred on or exercisable by the authority in its capacity as a local education
authority.
15
(3)
The children’s social services functions of a local authority in England are—
(a)
functions conferred on or exercisable by the authority which are social
services functions, so far as those functions relate to children;
(b)
functions conferred on the authority under sections 23C to 24D of the
Children Act 1989 (c. 41), so far as not within paragraph (a);
20
(c)
functions conferred on the authority, in its capacity as a children’s
services authority in England, under sections 10, 11, 12 and 17 of the
Children Act 2004 (c. 31).
(4)
“Accountable resources”, in relation to a school maintained by a local
authority, means resources that are not provided by the authority in its
25
capacity as a local education authority, but in respect of which an obligation is
imposed on the school’s governing body by virtue of regulations under section
44 of the Education Act 2002 (c. 32) (accounts of maintained schools).
(5)
The Secretary of State may by order amend this section for one or more of the
following purposes—
30
(a)
adding to the functions that are education functions or children’s social
services functions;
(b)
removing or changing the description of functions that are education
functions or children’s social services functions.
(6)
In this section—
35
“children’s services authority in England” has the meaning given by
section 65(1) of the Children Act 2004;
“social services functions” has the same meaning as in the Local Authority
Social Services Act 1970 (c. 42) (see section 1A of that Act).
245
Information about expenditure: consequential amendments
40
(1)
The School Standards and Framework Act 1998 (c. 31) is amended as follows.
(2)
In section 52 (the title of which becomes “Financial statements: Wales”), in
subsections (1) and (2) after “local education authority” insert “in Wales”.

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(3)
Omit section 53 (certification of statements by Audit Commission).
Support for participation in education and training
246
Provision of social security information for purposes of functions under
Education and Skills Act 2008
(1)
The Education and Skills Act 2008 (c. 25) is amended as follows.
5
(2)
Omit section 15 (supply of social security information for purposes of Part 1).
(3)
Section 17 (sharing and use of information held for purposes of support
services or functions under Part 1) is amended as follows.
(4)
In subsection (1), for “provide relevant information to each other” substitute
“—
10
(a)
provide relevant information to each other;
(b)
make arrangements for the holding by either of them of
information provided, or which could be provided, under
paragraph (a).”
(5)
In subsection (7), in the definition of “relevant information”, after paragraph
15
(b), insert—
“but does not include information provided under section 72 of the
Welfare Reform and Pensions Act 1999;”.
(6)
At the end add—
“(8)
Nothing in this section authorises the disclosure of any information in
20
contravention of any provision of, or made under, this or any other Act
(whenever passed or made) which prevents disclosure of the
information.”
(7)
Section 76 (supply of social security information for purposes of support
services) is amended as follows.
25
(8)
Omit subsection (1).
(9)
For subsections (3) and (4) substitute—
“(3)
For the purposes of subsection (2), “personal information” in relation to
a young person, means the person’s name, address and date of birth.
(3A)
The Secretary of State may make arrangements with a person for the
30
supply of social security information for the purposes of the provision
of services for young persons in pursuance of section 68 or 70(1)(b).
(3B)
Social security information may be supplied to—
(a)
the Secretary of State, or
(b)
a person providing services to the Secretary of State under
35
subsection (3A).
(3C)
A person to whom social security information is supplied under
subsection (3B) may supply the information to a local education
authority or other person involved in the provision of services for
young persons or relevant young adults in pursuance of section 68 or
40
70(1)(b) for the purpose of the provision of those services.

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(3D)
Information supplied to a person in reliance on subsection (3C) or this
subsection may be supplied in accordance with, or with arrangements
made under, section 17(1).
(3E)
Information supplied to a person in reliance on subsection (3B), (3C) or
(3D) may be disclosed—
5
(a)
for the purpose of the provision of services in pursuance of
section 68 or 70(1)(b),
(b)
for the purpose of enabling or assisting the exercise of any
function of a local education authority under Part 1,
(c)
in accordance with any provision of, or made under, any other
10
Act,
(d)
in accordance with an order of a court or tribunal,
(e)
for the purpose of actual or contemplated proceedings before a
court or tribunal,
(f)
with consent given by or on behalf of the person to whom the
15
information relates, or
(g)
in such a way as to prevent the identification of the person to
whom it relates.
(4)
It is an offence for a person to disclose restricted information otherwise
than in accordance with this section.
20
(4A)
For the purposes of subsection (4), “restricted information”, in relation
to a person, means information that was disclosed to the person—
(a)
in reliance on subsection (3B), (3C) or (3D), or
(b)
in circumstances that constitute an offence under this section.”
247
Provision of other information in connection with support services
25
(1)
The Education and Skills Act 2008 (c. 25) is amended as follows.
(2)
In section 69(1) (directions), after paragraph (a) insert—
“(aa)
requiring the authority to secure that any person by whom such
services are provided (whether the authority or any other
person) provides such relevant information (within the
30
meaning of section 76A) as the Secretary of State may require
to—
(i)
the Secretary of State, or
(ii)
a person providing services to the Secretary of State
under section 76A;”.
35
(3)
After section 76 insert—
“76A
Supply of information by Secretary of State or person providing
services
(1)
The Secretary of State may make arrangements with any other person
for the holding and supply of information in connection with, or for the
40
purposes of, the provision of services in pursuance of section 68 or
70(1)(b).
(2)
In this section “relevant information”, in relation to a person by whom
services are provided under section 68 or 70(1)(b), means information
which—
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(a)
is obtained by a person involved in the provision of those
services in, or in connection with, the provision of those
services,
(b)
relates to a person for whom those services are provided;

but does not include information provided under section 72 of the
5
Welfare Reform and Pensions Act 1999.
(3)
Relevant information may be supplied to—
(a)
the Secretary of State, or
(b)
a person providing services to the Secretary of State under this
section.
10
(4)
Information supplied under subsection (3) may be supplied to any
person involved in the provision of services in pursuance of section 68
or 70(1)(b) for the purposes of the provision of those services.
(5)
Except as provided by subsection (4), information supplied in reliance
on subsection (3) must not be disclosed in such a way that the identity
15
of the individual is disclosed to, or capable of being discovered by, the
person to whom it is disclosed.
(6)
Nothing in this section authorises the disclosure of any information in
contravention of any provision of, or made under, this or any other Act
(whenever passed or made) which prevents disclosure of the
20
information.”
Further education corporations
248
Further education corporations in England: promotion of well-being
After section 19 of the Further and Higher Education Act 1992 (c. 13) insert—
“19A
Duty in relation to promotion of well-being of local area
25
(1)
This section applies to a further education corporation established in
respect of an educational institution in England.
(2)
In exercising their functions under sections 18 and 19, the corporation
must have regard, amongst other things, to the objective of promoting
the economic and social well-being of the local area.
30
(3)
In subsection (2)—
(a)
“the local area”, in relation to a corporation, means the locality
of the institution in respect of which they are established;
(b)
the reference to the well-being of an area includes a reference to
the well-being of people who live or work in that area.”
35
Student loans
249
Student loans under the 1998 Act: IVAs
(1)
The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in
subsections (2) and (3).
(2)
In section 22(3) (new arrangements for giving financial support to students),
40

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after paragraph (f) insert—
“(g)
with respect to sums which a borrower receives, or is entitled to
receive, under such a loan before or after a voluntary
arrangement under Part 8 of the Insolvency Act 1986 or Part 8
of the Insolvency (Northern Ireland) Order 1989 (individual
5
voluntary arrangements) takes effect in respect of the borrower;
(h)
excluding or modifying the application of Part 8 of that Act, or
Part 8 of that Order, in relation to liability to make repayments
in respect of such a loan (whether the repayments relate to sums
which the borrower receives, or is entitled to receive, before or
10
after a voluntary arrangement takes effect in respect of the
borrower).”
(3)
In section 46(8) (provisions extending to Northern Ireland), in the entry
relating to section 22, for “(3)(e) or (f)” substitute “(3)(e), (f), (g) or (h)”.
(4)
Nothing in this section affects a voluntary arrangement that takes effect before
15
this section comes into force.
250
Student loans under the 1990 Act: IVAs and bankruptcy
(1)
Subsections (2) to (4) have effect in relation to the Education (Student Loans)
Act 1990 (c. 6) to the extent that that Act continues in force by virtue of any
savings made, in connection with its repeal by the Teaching and Higher
20
Education Act 1998 (c. 30), by an order under section 46(4) of that Act.
(2)
In Schedule 2 (loans for students), in paragraph 5(1) for “or 310” substitute “,
310 or 310A”.
(3)
In Schedule 2, after paragraph 5 insert—
“5A   (1)
This paragraph applies to a sum by way of public sector student loan
25
or subsidised private sector student loan that a person (“the debtor”)
receives or is entitled to receive before or after a voluntary
arrangement under Part 8 of the Insolvency Act 1986 takes effect in
respect of the debtor.
      (2)
The sum is to be ignored for the purposes of the voluntary
30
arrangement.
5B    (1)
Part 8 of the Insolvency Act 1986 (individual voluntary
arrangements) has effect in relation to a student loan debt with the
following modifications.
      (2)
A student loan debt is to be treated as not included among the
35
debtor’s debts.
      (3)
A person to whom a student loan debt is owed is to be treated as not
being one of the debtor’s creditors.
      (4)
A “student loan debt” is a debt or liability to which a debtor is or may
become subject in respect of a public sector student loan or
40
subsidised private sector student loan.”