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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Part 11 — Learners

143

 

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—

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous

144

 

(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.

40

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous

145

 

(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”.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous

146

 

(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.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous

147

 

(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—

45

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous

148

 

(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

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous

149

 

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.”

 
 

 
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