|
| |
|
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 |
| |
| |
(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— |
| |
|
| |
|
| |
|
(a) | a community, foundation or voluntary school that provides secondary |
| |
| |
(b) | a community or foundation special school that provides secondary |
| |
| |
| 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 |
| |
| |
| 30 |
| |
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. |
| 40 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| 30 |
(a) | adding to the functions that are education functions or children’s social |
| |
| |
(b) | removing or changing the description of functions that are education |
| |
functions or children’s social services functions. |
| |
| 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”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(5) | In subsection (7), in the definition of “relevant information”, after paragraph |
| 15 |
| |
“but does not include information provided under section 72 of the |
| |
Welfare Reform and Pensions Act 1999;”. |
| |
| |
“(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 |
| |
| |
(7) | Section 76 (supply of social security information for purposes of support |
| |
services) is amended as follows. |
| 25 |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(a) | for the purpose of the provision of services in pursuance of |
| |
| |
(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 |
| |
(d) | in accordance with an order of a court or tribunal, |
| |
(e) | for the purpose of actual or contemplated proceedings before a |
| |
| |
(f) | with consent given by or on behalf of the person to whom the |
| 15 |
| |
(g) | in such a way as to prevent the identification of the person to |
| |
| |
(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 |
| |
| |
(i) | the Secretary of State, or |
| |
(ii) | a person providing services to the Secretary of State |
| |
| 35 |
(3) | After section 76 insert— |
| |
“76A | Supply of information by Secretary of State or person providing |
| |
| |
(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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(a) | is obtained by a person involved in the provision of those |
| |
services in, or in connection with, the provision of those |
| |
| |
(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 |
| |
| 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 |
| |
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 |
| |
(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 |
| |
249 | Student loans under the 1998 Act: IVAs |
| |
(1) | The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in |
| |
| |
(2) | In section 22(3) (new arrangements for giving financial support to students), |
| 40 |
|
| |
|
| |
|
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 |
| |
| |
(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 “, |
| |
| |
(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 |
| |
| |
(2) | The sum is to be ignored for the purposes of the voluntary |
| 30 |
| |
5B (1) | Part 8 of the Insolvency Act 1986 (individual voluntary |
| |
arrangements) has effect in relation to a student loan debt with the |
| |
| |
(2) | A student loan debt is to be treated as not included among the |
| 35 |
| |
(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.” |
| |
|
| |
|