Children, Schools and Families Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Children, Schools and Families Bill

Children, Schools and Families Bill
Part 1 — Children and schools
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(c)
for subsection (10) there is substituted—
“(10)
Section 60A has effect, in relation to a notice served under it in
compliance with a direction under subsection (8)(b), as if—
(a)
in subsection (1), paragraphs (b) and (c) were omitted;
(b)
in subsection (4), paragraph (c) were omitted;
5
(c)
subsections (5) and (7) to (9) were omitted;
(d)
in subsection (10), for the words from “means” to “on
which they do so” there were substituted “means the
period beginning with the day on which the warning
notice is given”.”
10
School teachers’ qualifications
23
Licence to practise
(1)
In THEA 1998, after section 4A there is inserted—
“4B
Licensing of teachers
(1)
A reference in this Chapter to a “licence to practise” is a reference to a
15
licence granted by the Council to a registered teacher under and in
accordance with regulations under this section.
(2)
Regulations shall make provision as to licences to practise, including
provision for or in connection with—
(a)
the grant or refusal of a licence;
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(b)
the renewal of a licence;
(c)
the withdrawal of a licence.
(3)
Regulations under this section may, in particular, make any of the
following provision—
(a)
provision as to applications for the grant or renewal of a licence;
25
(b)
provision as to procedure in respect of the making and
determining of applications;
(c)
provision as to information and evidence to be provided in
connection with applications;
(d)
provision specifying matters that the Council may take into
30
account, and matters that they must take into account, in
determining an application or in deciding whether a licence
should be withdrawn;
(e)
provision for a licence to be granted or renewed subject to
conditions;
35
(f)
provision as to the duration of a licence;
(g)
provision as to notices and other information to be given by the
Council (including information about rights of appeal);
(h)
provision requiring the Council to be provided with prescribed
information, of a kind that is likely to be useful to them in the
40
exercise of their functions in relation to licences to practise, by a
person within subsection (6) who in prescribed cases or
circumstances proposes to engage or has engaged the services
of a registered teacher.

Children, Schools and Families Bill
Part 1 — Children and schools
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(4)
Regulations made in pursuance of subsection (3)(c) may provide that
the information and evidence may include—
(a)
information and evidence specified in guidance issued by the
Council;
(b)
information and evidence which relates to standards set by a
5
prescribed person or body.
(5)
Regulations made in pursuance of subsection (3)(f) may provide—
(a)
for a licence to be granted or renewed on a temporary basis;
(b)
for a licence to be granted on the basis that it lapses, unless
renewed, at the end of a reasonable period specified in a notice
10
given by the Council.
(6)
The persons within this subsection are—
(a)
a local authority;
(b)
a person exercising a function relating to the provision of
education on behalf of a local authority;
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(c)
the proprietor of a school.

In paragraph (c) “proprietor” and “school” have the meanings given in
the Education Act 1996.
(7)
Regulations under this section may authorise the Council to make
provision in relation to any matter as to which provision may be made
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by regulations.
4C
Appeals against refusal of licence etc
(1)
Regulations shall make provision for conferring on a registered teacher
a right of appeal against—
(a)
a refusal to grant or to renew a licence to practise;
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(b)
a withdrawal of a licence (otherwise than at the request of the
holder of the licence);
(c)
a decision, in prescribed cases or circumstances, to grant or to
renew a licence conditionally;
(d)
a decision, in prescribed cases or circumstances, as to the
30
duration of a licence.
(2)
Regulations under this section shall provide for the establishment of a
committee of the Council for determining appeals under the
regulations.
(3)
Regulations under this section shall—
35
(a)
make provision as to procedure in respect of the making and
determining of appeals;
(b)
prescribe what orders may be made by the committee
mentioned in subsection (2) in relation to appeals.”
(2)
In section 9(1) of THEA 1998 (provisions of that Act that apply in relation to
40
Wales), for “sections 2 to 5,” there is substituted—
“sections 2 to 4A,
section 5,”.

Children, Schools and Families Bill
Part 1 — Children and schools
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24
Requirement to be licensed
In EA 2002, after section 134 there is inserted—
“134A
  Requirement to be licensed
(1)
Regulations may provide that specified work may be carried out in a
school in England by a qualified teacher only if the teacher has a licence
5
to practise.
(2)
Regulations specifying work for the purposes of this section may make
provision by reference to—
(a)
one or more specified activities, or
(b)
the circumstances in which activities are carried out.
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(3)
In this section—
“licence to practise” has the same meaning as in Chapter 1 of Part
1 of the Teaching and Higher Education Act 1998 (given by
section 4B(1) of that Act);
“school” means—
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(a)
a school maintained by a local authority,
(b)
a special school not so maintained,
(c)
an Academy,
(d)
a city technology college, or
(e)
a city college for the technology of the arts.”
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25
Requirements to be qualified, registered and licensed: Academies etc
(1)
Part 8 of EA 2002 (teachers) is amended as follows.
(2)
In section 133 (requirement to be qualified), in subsection (6) (schools to which
the section applies), at the end there is inserted—
“(c)
an Academy,
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(d)
a city technology college, or
(e)
a city college for the technology of the arts.”
(3)
In section 134 (requirement to be registered), in subsection (5) (schools to which
the section applies), at the end there is inserted—
“(c)
an Academy,
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(d)
a city technology college, or
(e)
a city college for the technology of the arts.”
(4)
After section 145 there is inserted—
“145A
  Power to prevent breach of regulations in relation to Academies etc
(1)
In relation to a case where the Secretary of State is satisfied that the
35
proprietor of a school to which this section applies has allowed or is
proposing to allow a person to carry out work in such a school in breach
of regulations under section 133, 134 or 134A, section 496 of the
Education Act 1996 (power to prevent unreasonable exercise of
functions) shall have effect as if any reference to a body to which that
40
section applies included a reference to the proprietor of a school to
which this section applies.
(2)
The schools to which this section applies are—

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Part 1 — Children and schools
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(a)
an Academy,
(b)
a city technology college, and
(c)
a city college for the technology of the arts.”
Home education
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Home education: England
5
Schedule 1 (home education: England) has effect.
27
Power of National Assembly for Wales to make provision by Measure
(1)
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly
Measures), field 5 (education and training) is amended as follows.
(2)
After matter 5.6 there is inserted—
10

“Matter 5.6A

The regulation of education provided for home-educated children.”
(3)
In matter 5.15, after paragraph (b) there is inserted—
“(ba)
services provided by local authorities for persons involved in
the provision of education for home-educated children;”.
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Local Safeguarding Children Boards
28
Supply of information requested by LSCBs in England
After section 14A of CA 2004 (LSCBs in England: annual reports) there is
inserted—
“14B
Supply of information requested by LSCBs
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(1)
If a Local Safeguarding Children Board established under section 13
requests a person or body to supply information specified in the
request to—
(a)
the Board, or
(b)
another person or body specified in the request,
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the request must be complied with if the first and second conditions are
met and either the third or the fourth condition is met.
(2)
The first condition is that the request is made for the purpose of
enabling or assisting the Board to perform its functions.
(3)
The second condition is that the request is made to a person or body
30
whose functions or activities are considered by the Board to be such
that the person or body is likely to have information relevant to the
exercise of a function by the Board.
(4)
The third condition is that the information relates to—
(a)
the person or body to whom the request is made,
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(b)
a function or activity of that person or body, or
(c)
a person in respect of whom a function is exercisable, or an
activity is engaged in, by that person or body.

Children, Schools and Families Bill
Part 1 — Children and schools
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(5)
The fourth condition is that the information—
(a)
is information requested by the Board from a person or body to
whom information was supplied in compliance with another
request under this section, and
(b)
is the same as, or is derived from, information so supplied.
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(6)
The information may be used by the Board, or other person or body to
whom it is supplied under subsection (1), only for the purpose of
enabling or assisting the Board to perform its functions.
(7)
A Local Safeguarding Children Board must have regard to any
guidance given to it by the Secretary of State in connection with the
10
exercise of its functions under this section.”
29
Supply of information requested by LSCBs in Wales
After section 32 of CA 2004 (functions and procedure of LSCBs in Wales) there
is inserted—
“32A
Supply of information requested by LSCBs in Wales
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(1)
If a Local Safeguarding Children Board established under section 31
requests a person or body to supply information specified in the
request to—
(a)
the Board, or
(b)
another person or body specified in the request,
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the request must be complied with if the first and second conditions are
met and either the third or fourth condition is met.
(2)
The first condition is that the request is made for the purpose of
enabling or assisting the Board to perform its functions.
(3)
The second condition is that the request is made to a person or body
25
whose functions or activities are considered by the Board to be such
that the person or body is likely to have information relevant to the
exercise of a function by the Board.
(4)
The third condition is that the information relates to—
(a)
the person or body to whom the request is made,
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(b)
a function or activity of that person or body, or
(c)
a person in respect of whom a function is exercisable, or an
activity is engaged in, by that person or body.
(5)
The fourth condition is that the information—
(a)
is information requested by the Board from a person or body to
35
whom information was supplied in compliance with another
request under this section, and
(b)
is the same as, or is derived from, information so supplied.
(6)
The information may be used by the Board, or other person or body to
whom it is supplied under subsection (1), only for the purpose of
40
enabling or assisting the Board to perform its functions.
(7)
A Local Safeguarding Children Board must have regard to any
guidance given to it by the Welsh Ministers in connection with the
exercise of its functions under this section.”