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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

27

 

“the additional entitlement” has the meaning given by section

17D;

“the core entitlement” has the meaning given by section 17C.

(8)   

In this section and sections 17C and 17D “course of study” means a

course of education or training leading to a qualification specified, or a

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qualification of a description specified, by the Secretary of State by

order for the purposes of this subsection.

(9)   

The references in subsections (1) and (2) to persons in a local education

authority’s area who are over compulsory school age but under 19 do

not include persons who are subject to a detention order.

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17B     

Entitlement to education and training for 16 to 18 year olds

A person who is over compulsory school age but under 19 may elect for

either or both of—

(a)   

the core entitlement (see section 17C), and

(b)   

the additional entitlement (see section 17D).

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17C     

The core entitlement

(1)   

The core entitlement is an entitlement to follow a course of study in

each of the core subjects chosen by the person electing for the

entitlement (the “chosen core subjects”).

(2)   

The core subjects are—

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(a)   

mathematics;

(b)   

English;

(c)   

information and communication technology.

(3)   

The core entitlement is satisfied in relation to a person if a course of

study in each of the chosen core subjects is made available to the person

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at a school or institution.

(4)   

A person’s entitlement to follow a course of study in one of the chosen

core subjects ceases if—

(a)   

a course of study in the subject is made available to the person,

but

30

(b)   

the person does not begin the course of study before reaching

the age of 19.

17D     

The additional entitlement

(1)   

The additional entitlement is an entitlement to follow a course of study

in an additional entitlement area.

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(2)   

An additional entitlement area is an area specified by the Secretary of

State by order for the purposes of this subsection.

(3)   

The additional entitlement is satisfied in relation to a person if a course

of study in one of the additional entitlement areas is made available to

the person at a school or institution.

40

(4)   

A person’s entitlement to follow a course of study in an additional

entitlement area ceases if—

(a)   

a course of study in the subject is made available to the person,

but

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

28

 

(b)   

the person does not begin the course of study before reaching

the age of 19.”

Provision of boarding accommodation: persons subject to learning difficulty assessment

45      

Provision of boarding accommodation: persons subject to learning difficulty

assessment

5

After section 514 of the Education Act 1996 (c. 56) insert—

“514A   

Provision of boarding accommodation for persons subject to learning

difficulty assessment

(1)   

A local education authority in England may secure the provision of

boarding accommodation in connection with the provision of

10

education or training for a person in their area who is—

(a)   

over compulsory school age but under 25, and

(b)   

subject to learning difficulty assessment.

(2)   

A local education authority may secure the provision of boarding

accommodation under subsection (1) either within or outside their

15

area.

(3)   

For the purposes of subsection (1) it is immaterial who provides, or

secures the provision of, the education or training.

(4)   

In this section “education” and “training” have the same meanings as in

section 15ZA.”

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Work experience

46      

Work experience for persons over compulsory school age

After section 560 of the Education Act 1996 insert—

“560A   

Work experience for persons over compulsory school age: England

(1)   

A local education authority in England may secure the provision of

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work experience for persons in their area—

(a)   

who are over compulsory school age but under 19, or

(b)   

who are aged 19 or over but under 25 and are subject to learning

difficulty assessment.

(2)   

A local education authority in England must—

30

(a)   

encourage participation in work experience by persons in their

area who are within subsection (1)(a) or (b);

(b)   

encourage employers to participate in the provision of work

experience for such persons.”

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

29

 

Persons detained in youth accommodation

47      

Provision of education for persons subject to youth detention

After section 18 of the Education Act 1996 (c. 56) insert—

“18A    

Provision of education for persons subject to youth detention

(1)   

A local education authority must secure that—

5

(a)   

enough suitable education is provided to meet the reasonable

needs of children subject to youth detention in their area;

(b)   

enough suitable education and training is provided to meet the

reasonable needs of persons who are—

(i)   

over compulsory school age but under 19, and

10

(ii)   

subject to youth detention in their area.

(2)   

In deciding for the purposes of subsection (1) whether education or

training is suitable to meet persons’ reasonable needs, a local education

authority must (in particular) have regard to—

(a)   

the persons’ ages, abilities and aptitudes;

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(b)   

any special educational needs or learning difficulties (within

the meaning of section 15ZA(7) and (8)) the persons may have;

(c)   

the desirability of enabling persons to complete programmes of

study or training which they have begun;

(d)   

any relevant curriculum and the desirability that education

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received by children subject to youth detention should be

comparable with education which they could be expected to

receive if they were attending a school or institution

implementing a relevant curriculum;

(e)   

the desirability of the core entitlement and the additional

25

entitlement being satisfied in relation to persons over

compulsory school age but under 19 who have elected for them.

(3)   

In subsection (2)(d), “relevant curriculum” means—

(a)   

in relation to a local education authority in England, the

National Curriculum for England established under section 87

30

of the Education Act 2002 as subsisting for the time being;

(b)   

in relation to a local education authority in Wales—

(i)   

the National Curriculum for Wales established under

section 108 of that Act as subsisting for the time being, or

(ii)   

any local curriculum formed by the authority under

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section 116A of the Education Act 2002 (formation of

local curricula for pupils in Key Stage 4) or for their area

under section 33A of the Learning and Skills Act 2000

(formation of local curricula for students aged 16 to 18).

(4)   

Sections 17B to 17D apply for the purposes of subsection (2)(e) as they

40

apply for the purposes of section 17A.

(5)   

Any arrangements made by a local education authority under

subsection (1) for the provision by another person (the “learning

provider”) of education or training must require the learning provider,

in making any determination as to the education or training to be

45

provided for a particular person, to have regard to any information

provided under section 562E by the person’s home authority (within

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

30

 

the meaning of Chapter 5A of Part 10) for the purpose of assisting any

such determination.

(6)   

In performing the duty imposed by subsection (1), a local education

authority must have regard to any guidance issued—

(a)   

in the case of a local education authority in England, by the

5

Secretary of State;

(b)   

in the case of a local education authority in Wales, by the Welsh

Ministers.

(7)   

For the purposes of subsection (1), a person is subject to youth

detention in the area of a local education authority if—

10

(a)   

subject to a detention order, and

(b)   

detained in relevant youth accommodation in the area of the

authority.”

48      

Persons detained in youth accommodation: application of provisions

(1)   

Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons

15

detained under order of a court) is amended as follows.

(2)   

In subsection (1)—

(a)   

for “detained in pursuance of an order made by a court or of an order

of recall made by the Secretary of State” substitute “subject to a

detention order and is detained in accommodation that is not relevant

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youth accommodation”, and

(b)   

for “a person who is detained in pursuance of such an order” substitute

“such a person”.

(3)   

After that subsection insert—

“(1A)   

For the purposes of this Act—

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(a)   

a person is subject to a detention order if detained in pursuance

of—

(i)   

an order made by a court, or

(ii)   

an order of recall made by the Secretary of State, and

(b)   

relevant youth accommodation is accommodation which—

30

(i)   

is youth detention accommodation (within the meaning

given by section 107(1) of the Powers of Criminal Courts

(Sentencing) Act 2000), and

(ii)   

is not in a young offender institution, or part of such an

institution, that is used wholly or mainly for the

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detention of persons aged 18 and over.”

(4)   

In subsection (2), for “subsection (1)” substitute “this section”.

(5)   

After that subsection add—

“(3)   

A child or young person who is being kept in accommodation provided

for the purpose of restricting liberty is not to be regarded for the

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purposes of this section as detained in pursuance of an order made by

a court by reason of the fact that a court has authorised the person to be

kept in such accommodation under section 25(4) of the Children Act

1989 (use of accommodation for restricting liberty).”

(6)   

In the title, after “apply to” insert “certain”.

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