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Session 2008 - 09
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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments

219

 

      (7)  

After subsection (6) insert—

“(6A)   

The Secretary of State shall take such steps as in his opinion are likely

to bring the documents mentioned in subsection (6)(a) and (b) to the

notice of any person who submitted evidence or representations to

the Agency.

5

(6B)   

The Secretary of State shall send copies of those documents to the

Agency.”

Childcare Act 2006 (c. 21)

38         

The Childcare Act 2006 is amended as follows.

39    (1)  

Section 41 (the learning and development requirements) is amended as

10

follows.

      (2)  

In subsection (2)(c) for the words from “for the purpose” to “early learning

goals” substitute “for the specified purposes”.

      (3)  

After subsection (4) insert—

“(4A)   

In subsection (2)(c) “the specified purposes” means—

15

(a)   

the purpose of ascertaining what children have achieved in

relation to the early learning goals, and

(b)   

such other purposes as the Secretary of State may by order

specify.”

40    (1)  

Section 42 (further provisions about assessment arrangements) is amended

20

as follows.

      (2)  

In subsection (2)—

(a)   

omit the “and” at the end of paragraph (b);

(b)   

after paragraph (c) insert—

“(d)   

the Qualifications and Curriculum Development

25

Agency, and

(e)   

any other person with whom the Secretary of State

has made arrangements in connection with the

development, implementation or monitoring of

assessment arrangements.”

30

      (3)  

Omit subsection (4).

      (4)  

In subsection (5) for the words before paragraph (a) substitute “The duties

that may be imposed on a person mentioned in subsection (2)(a) to (c) by

virtue of subsection (1) include, in relation to persons exercising any

function in connection with the moderation or monitoring of assessment

35

arrangements, the duty to permit them—”.

      (5)  

For subsection (6) substitute—

“(6)   

A learning and development order specifying assessment

arrangements may authorise a person specified in the order to make

delegated supplementary provisions in relation to such matters as

40

may be specified in the order.

(6A)   

In this section “delegated supplementary provisions” means such

provisions as appear to the authorised person to be expedient for

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England

220

 

giving full effect to, or otherwise supplementing, the provisions

made by the order (other than provisions made by the order by

virtue of subsection (1) conferring or imposing functions on a person

mentioned in subsection (2)(a) to (c)).

(6B)   

A learning and development order authorising the making of

5

delegated supplementary provisions may provide that such

provisions may be made only with the approval of the Secretary of

State.

(6C)   

Any delegated supplementary provisions, on being published as

specified in the order under which they are made, are to have effect

10

for the purposes of this Chapter as if made by the order.”

41         

In section 44(1) (instruments specifying learning and development or

welfare requirements) for “published as specified” substitute “published by

a person, and in the manner, specified”.

42         

In section 46 (power to enable exemptions from learning and development

15

requirements to be conferred) after subsection (1) insert—

“(1A)   

Regulations under subsection (1) may make provision about the

conditions which may be imposed by the Secretary of State on

making a direction.

(1B)   

If required by the Secretary of State to do so the reviewing body must

20

keep under review the effect of a direction given under regulations

made under subsection (1).

(1C)   

In subsection (1B) “the reviewing body” means the Qualifications

and Curriculum Development Agency, or any other person, if

designated as such by the Secretary of State.

25

(1D)   

A designation under subsection (1C) may make different provision

for different purposes.”

Safeguarding Vulnerable Groups Act 2006 (c. 47)

43         

In section 21(10) of the Safeguarding Vulnerable Groups Act 2006

(controlled activity relating to children) in paragraph (d) for “Qualifications

30

and Curriculum Authority” substitute “Qualifications and Curriculum

Development Agency”.

Schedule 13

Section 194

 

Powers in relation to schools causing concern: England

1          

Part 4 of the Education and Inspections Act 2006 (c. 40) (schools causing

35

concern: England) is amended as follows.

2     (1)  

Section 59(2) (meaning of schools being “eligible for intervention”) is

amended as follows.

      (2)  

For “warning notice by local education authority” substitute “performance

standards and safety warning notice”.

40

      (3)  

Before “section 61” insert—

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England

221

 

“section 60A (teachers’ pay and conditions warning notice),”.

3          

For the title of section 60 substitute “Performance standards and safety

warning notice”.

4          

After section 60 insert—

“60A    

Teachers’ pay and conditions warning notice

5

(1)   

A maintained school is by virtue of this section eligible for

intervention if—

(a)   

the local education authority have given the governing body

a warning notice in accordance with subsection (2),

(b)   

the period beginning with the day on which the warning

10

notice is given and ending with the fifteenth working day

following that day (“the initial period”) has expired,

(c)   

either the governing body made no representations under

subsection (7) to the local education authority against the

warning notice during the initial period or the local

15

education authority have confirmed the warning notice

under subsection (8),

(d)   

the governing body have failed to comply, or secure

compliance, with the notice to the authority's satisfaction by

the end of the compliance period (as defined by subsection

20

(10)), and

(e)   

the authority have given reasonable notice in writing to the

governing body that they propose to exercise their powers

under any one or more of sections 64 to 66.

(2)   

A local education authority may give a warning notice to the

25

governing body of a maintained school where the authority are

satisfied that—

(a)   

the governing body have failed to comply with a provision of

an order under section 122 of EA 2002 (teachers’ pay and

conditions) that applies to a teacher at the school, or

30

(b)   

the governing body have failed to secure that the head

teacher of the school complies with such a provision.

(3)   

In subsection (2) references to an order under section 122 of EA 2002

include a document by reference to which provision is made in such

an order.

35

(4)   

For the purposes of this section a “warning notice” is a notice in

writing by the local education authority setting out—

(a)   

the matters on which the conclusion mentioned in subsection

(2) is based,

(b)   

the action which they require the governing body to take in

40

order to remedy those matters,

(c)   

the initial period applying under subsection (1)(b), and

(d)   

the action which the local education authority are minded to

take (under one or more of sections 64 to 66 or otherwise) if

the governing body fail to take the required action.

45

(5)   

The warning notice must also inform the governing body of their

right to make representations under subsection (7) during the initial

period.

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England

222

 

(6)   

The local education authority must, at the same time as giving the

governing body the warning notice, give a copy of the notice to each

of the following persons—

(a)   

the head teacher of the school,

(b)   

in the case of a Church of England school or a Roman

5

Catholic Church school, the appropriate diocesan authority,

and

(c)   

in the case of a foundation or voluntary school, the person

who appoints the foundation governors.

(7)   

Before the end of the initial period, the governing body may make

10

representations in writing to the local education authority against

the warning notice.

(8)   

The local education authority must consider any representations

made to them under subsection (7) and may, if they think fit, confirm

the warning notice.

15

(9)   

The local education authority must give notice in writing of their

decision whether or not to confirm the warning notice to the

governing body and such other persons as the Secretary of State may

require.

(10)   

In this section “the compliance period”, in relation to a warning

20

notice, means—

(a)   

in a case where the governing body does not make

representations under subsection (7), the initial period

mentioned in subsection (1)(b), and

(b)   

in a case where the local education authority confirm the

25

warning notice under subsection (8), the period beginning

with the day on which they do so and ending with the

fifteenth working day following that day.”

5     (1)  

Section 63 (power of LEA to require governing body to enter into

arrangements) is amended as follows.

30

      (2)  

In subsection (1) after “eligible for intervention” insert “other than by virtue

of section 60A”.

      (3)  

In subsection (3) for “formal warning” substitute “performance standards

and safety warning”.

6     (1)  

Section 64 (power of LEA etc to appoint additional governors) is amended

35

as follows.

      (2)  

In subsection (1) for “subsection (2)” substitute “subsections (1A) and (2)”.

      (3)  

After subsection (1) insert—

“(1A)   

Subsection (1) does not apply if the Secretary of State has exercised

the power under section 67 (power to appoint additional governors)

40

in connection with—

(a)   

the same warning notice, where the school is eligible for

intervention by virtue of section 60 (school subject to

performance standards and safety warning) or 60A (school

subject to teachers’ pay and conditions warning), or

45

(b)   

the same inspection falling within section 61(a) or 62(a),

where the school is eligible for intervention by virtue of

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England

223

 

section 61 (school requiring significant improvement) or 62

(school requiring special measures).”

      (4)  

In subsection (2)—

(a)   

for “formal warning)” substitute “performance standards and safety

warning) or 60A (school subject to teachers’ pay and conditions

5

warning)”, and

(b)   

after “60(10)” insert “or as the case may be section 60A(10)”.

      (5)  

In subsection (4)—

(a)   

in paragraph (a) for “formal warning)” substitute “performance

standards and safety warning) or 60A (school subject to teachers’

10

pay and conditions warning)”,

(b)   

after paragraph (b) insert—

   

“and

(c)   

the Secretary of State has not exercised the power

under section 67 in connection with the same warning

15

notice,”.

7          

In section 66(2) (power of LEA to suspend right to delegated budget)—

(a)   

for “formal warning)” substitute “performance standards and safety

warning) or 60A (school subject to teachers’ pay and conditions

warning)”, and

20

(b)   

after “60(10)” insert “or as the case may be section 60A(10)”.

8          

In section 67(1) (power of Secretary of State to appoint additional governors)

omit the words from “by virtue of” to “special measures)”.

9          

In section 69(1) (power of Secretary of State to provide for governing body

to consist of interim executive members) omit the words from “by virtue of”

25

to “special measures)”.

10         

After section 69 insert—

“69A    

Power of Secretary of State to direct LEA to consider giving

performance standards and safety warning notice

(1)   

This section applies if the Secretary of State thinks that the conditions

30

in subsections (2) and (3) are met.

(2)   

The condition is that there are reasonable grounds for a local

education authority to give a warning notice to the governing body

of a maintained school under section 60 (performance standards and

safety warning notice).

35

(3)   

The condition is that one of the following applies—

(a)   

the authority have not given a warning notice to the

governing body under section 60 on those grounds;

(b)   

the authority have done so, but in inadequate terms;

(c)   

the authority have given a warning notice to the governing

40

body under section 60, but the Chief Inspector has failed or

declined to confirm it;

(d)   

the school has become eligible for intervention on those

grounds by virtue of section 60, but the period of two months

following the end of the compliance period (as defined by

45

section 60(10)) has ended.

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England

224

 

(4)   

The Secretary of State may direct the local education authority to

consider giving a warning notice to the governing body under

section 60 in the terms specified in the direction.

(5)   

A direction under subsection (4) must be in writing.

(6)   

If the Secretary of State gives a direction under subsection (4) to a

5

local education authority in respect of a governing body, the

authority must—

(a)   

give the Secretary of State a written response to the direction

before the end of the period of 10 working days beginning

with the day on which the direction is given, and

10

(b)   

on the same day as they do so, give the Chief Inspector a copy

of the response.

(7)   

The local education authority’s response to the direction must do

one of the following—

(a)   

state that the authority have decided to give a warning notice

15

to the governing body in the specified terms;

(b)   

state that the authority have decided not to give a warning

notice to the governing body in those terms.

(8)   

If the response states that the authority have decided to give a

warning notice to the governing body in the specified terms, the

20

authority must—

(a)   

give the warning notice to the governing body in those terms

before the end of the period of 5 working days beginning

with the day on which the response is given (and withdraw

any previous warning notice given to the governing body

25

under section 60), and

(b)   

on the same day as they do so, give the Secretary of State a

copy of the notice.

(9)   

If the response states that the authority have decided not to give a

warning notice to the governing body in the specified terms, it must

30

set out the authority’s reasons for the decision.

(10)   

Subsection (8)(b) applies in addition to section 60(6).

69B     

Power of Secretary of State to direct LEA to give teachers’ pay and

conditions warning notice

(1)   

This section applies if the Secretary of State thinks that the conditions

35

in subsections (2) and (3) are met.

(2)   

The condition is that there are reasonable grounds for a local

education authority to give a warning notice to the governing body

of a maintained school under section 60A (teachers’ pay and

conditions warning notice).

40

(3)   

The condition is that one of the following applies—

(a)   

the authority have not given a warning notice to the

governing body under section 60A on those grounds;

(b)   

the authority have done so, but in inadequate terms;

(c)   

the authority have given a warning notice to the governing

45

body under section 60A on those grounds, but have declined

or failed to confirm it;

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 13 — Powers in relation to schools causing concern: England

225

 

(d)   

the school has become eligible for intervention on those

grounds by virtue of section 60A, but the period of two

months following the end of the compliance period (as

defined by section 60A(10)) has ended.

(4)   

The Secretary of State may direct the local education authority to

5

consider giving a warning notice to the governing body under

section 60A in the terms specified in the direction.

(5)   

If the Secretary of State gives a direction under subsection (4) to a

local education authority in respect of a governing body, the

authority must—

10

(a)   

give a copy of the direction to the governing body before the

end of the period of 2 working days beginning with the day

on which the direction is given,

(b)   

when it does so, invite the governing body to give the

authority a written response before the end of the period of 7

15

working days beginning with the day on which the direction

is given, and

(c)   

give the Secretary of State the authority’s written response,

and any response received from the governing body in

accordance with paragraph (b), before the end of the period

20

of 10 working days beginning with the day on which the

direction is given.

(6)   

The local education authority’s response to the direction must do

one of the following—

(a)   

state that the authority have decided to give a warning notice

25

to the governing body in the specified terms;

(b)   

state that the authority have decided not to give a warning

notice to the governing body in those terms.

(7)   

If the response states that the authority have decided to give a

warning notice to the governing body in the specified terms, the

30

authority must—

(a)   

give the warning notice to the governing body in those terms

before the end of the period of 5 working days beginning

with the day on which the response is given (and withdraw

any previous warning notice given to the governing body

35

under section 60A), and

(b)   

on the same day as they do so, give the Secretary of State a

copy of the notice.

(8)   

If the response states that the authority have decided not to give a

warning notice to the governing body in the specified terms—

40

(a)   

the response must set out the authority’s reasons for the

decision, and

(b)   

the Secretary of State may direct the authority to give the

warning notice to the governing body in those terms (and to

withdraw any previous warning notice given to the

45

governing body under section 60A).

(9)   

If the Secretary of State directs the authority under subsection (8)(b)

to give a warning notice to the governing body in the specified terms,

the authority must—

 
 

 
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