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Other Bills before Parliament

Education Bill


Education Bill
Part 1 — Early years provision

1

 

A

Bill

To

Make provision about education, childcare, apprenticeships and training; to

make provision about schools and the school workforce, institutions within

the further education sector and Academies; to abolish the General Teaching

Council for England, the Training and Development Agency for Schools, the

School Support Staff Negotiating Body, the Qualifications and Curriculum

Development Agency and the Young People’s Learning Agency for England;

to make provision about the Office of Qualifications and Examinations

Regulation and the Chief Executive of Skills Funding; to make provision about

student loans and fees; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Early years provision

1       

Free of charge early years provision

(1)   

Part 1 of the Childcare Act 2006 (functions of local authorities in England in

relation to childcare) is amended as set out in subsections (2) and (3).

5

(2)   

For section 7 (duty to secure prescribed early years provision free of charge)

substitute—

“7      

Duty to secure early years provision free of charge in accordance with

regulations

(1)   

An English local authority must secure that early years provision of

10

such description as may be prescribed is available free of charge, in

accordance with any regulations under this subsection, for each young

child in their area who—

(a)   

is under compulsory school age, and

(b)   

is of such description as may be prescribed.

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Bill 137                                                                                                

55/1

 
 

Education Bill
Part 1 — Early years provision

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(2)   

Regulations under subsection (1) may in particular include provision

about—

(a)   

how much early years provision is to be made available in

pursuance of the duty imposed by subsection (1);

(b)   

the times at which, and periods over which, early years

5

provision is to be made available in pursuance of that duty.

(3)   

In discharging the duty under subsection (1) a local authority must

have regard to any guidance given from time to time by the Secretary

of State.”

(3)   

After section 13 insert—

10

“13A    

Supply of information: free of charge early years provision

(1)   

This subsection applies to information held for the purposes of

functions relating to tax credits—

(a)   

by the Commissioners for Her Majesty’s Revenue and Customs,

or

15

(b)   

by a person providing services to them, in connection with the

provision of those services.

(2)   

This subsection applies to information held for the purposes of

functions relating to social security—

(a)   

by the Secretary of State, or

20

(b)   

by a person providing services to the Secretary of State, in

connection with the provision of those services.

(3)   

Information to which subsection (1) or (2) applies may be supplied to

the Secretary of State, or a person providing services to the Secretary of

State, for use for the purpose of determining eligibility for free of charge

25

early years provision.

(4)   

Information to which subsection (2) applies may be supplied to an

English local authority for use for that purpose.

(5)   

Information received by virtue of subsection (3) may be supplied—

(a)   

to another person to whom it could have been supplied under

30

that subsection, or

(b)   

to an English local authority,

   

for use for that purpose.

(6)   

The references in subsections (4) and (5)(b) to an English local authority

include references to a person exercising on behalf of an English local

35

authority functions relating to eligibility for free of charge early years

provision.

(7)   

For the purposes of this section and section 13B, free of charge early

years provision is early years provision which is required to be made

available in pursuance of the duty imposed by section 7.

40

(8)   

This section does not limit the circumstances in which information may

be supplied apart from this section.

13B     

Unauthorised disclosure of information received under section 13A

(1)   

A person commits an offence if the person discloses any information—

 
 

Education Bill
Part 2 — Discipline

3

 

(a)   

which the person received by virtue of any of subsections (3) to

(5) of section 13A, and

(b)   

which relates to a particular person,

   

unless the information is disclosed in accordance with subsection (2).

(2)   

Information is disclosed in accordance with this subsection if it is

5

disclosed in any of the following ways—

(a)   

in the case of information received by virtue of section 13A(3),

in accordance with section 13A(5);

(b)   

in the course of a duty that the person disclosing it has in

connection with the exercise of functions relating to eligibility

10

for free of charge early years provision;

(c)   

in accordance with an enactment or an order of a court;

(d)   

with consent given by or on behalf of the person to whom the

information relates.

(3)   

It is a defence for a person charged with an offence under subsection (1)

15

to prove that the person reasonably believed that the disclosure was

lawful.

(4)   

A person guilty of an offence under subsection (1) is liable—

(a)   

on conviction on indictment, to imprisonment for a term not

exceeding two years, or a fine, or both;

20

(b)   

on summary conviction, to imprisonment for a term not

exceeding 12 months, or a fine not exceeding the statutory

maximum, or both.

(5)   

In relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003, the reference in

25

subsection (4)(b) to 12 months is to be read as a reference to 6 months.”

(4)   

Section 100 of the Childcare Act 2006 (provision of information about young

children: transitory provision) is repealed.

Part 2

Discipline

30

2       

Power of members of staff at schools to search pupils

(1)   

Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is

amended as set out in subsections (2) to (5).

(2)   

In section 550ZA (power of members of staff to search pupils for prohibited

items: England)—

35

(a)   

in subsection (3) (prohibited items), after paragraph (e) insert—

“(ea)   

an article that the member of staff reasonably suspects

has been, or is likely to be, used—

(i)   

to commit an offence, or

(ii)   

to cause personal injury to, or damage to the

40

property of, any person (including P);”;

(b)   

in that subsection, after paragraph (f) insert—

“(g)   

any other item which the school rules identify as an item

for which a search may be made.”;

 
 

Education Bill
Part 2 — Discipline

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(c)   

after subsection (4), insert—

“(4A)   

In subsection (3)(ea)(i), “offence” includes anything that would

be an offence but for the operation of any presumption that a

person under a particular age is incapable of committing an

offence.

5

(4B)   

In subsection (3)(g), the “school rules” means—

(a)   

in the case of a maintained school or a non-maintained

special school, rules in force at the school that are made

under measures determined and publicised by the head

teacher under section 89 of the Education and

10

Inspections Act 2006;

(b)   

in the case of any other school, measures relating to

discipline in the school that are determined and

publicised in accordance with regulations.

(4C)   

In subsection (4B)(a)—

15

“maintained school” means—

(a)   

a community, foundation or voluntary school,

(b)   

a community or foundation special school,

(c)   

a maintained nursery school, or

(d)   

a pupil referral unit;

20

“non-maintained special school” means a school that is

approved under section 342.”

(3)   

In section 550ZB (power of search under section 550ZA: supplementary)—

(a)   

in subsection (5), after “section 550ZA” insert “to search for an item

within section 550ZA(3)(a) to (f)”;

25

(b)   

in subsection (6)—

(i)   

in paragraph (b), after “P” insert “, unless the condition in

subsection (6A) is satisfied”;

(ii)   

in paragraph (c), after “staff” insert “, unless the condition in

subsection (6A) is satisfied”;

30

(c)   

after subsection (6), insert—

“(6A)   

The condition is satisfied if—

(a)   

the person carrying out the search reasonably believes

that there is a risk that serious harm will be caused to a

person if the search is not carried out as a matter of

35

urgency, and

(b)   

in the time available it is not reasonably practicable for

the search to be carried out by a person of the same sex

as P or in the presence of another member of staff (as the

case may be).”;

40

(d)   

in subsection (7), in paragraph (b), after “staff” insert “, unless the

condition in subsection (7A) is satisfied”;

(e)   

after subsection (7), insert—

“(7A)   

The condition is satisfied if—

(a)   

the person carrying out the search reasonably believes

45

that there is a risk that serious harm will be caused to a

person if the search is not carried out as a matter of

urgency, and

 
 

Education Bill
Part 2 — Discipline

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(b)   

in the time available it is not reasonably practicable for

the search to be carried out in the presence of another

member of staff.”

(4)   

In section 550ZC (power to seize items found during search under section

550ZA)—

5

(a)   

in subsection (2) after “subsection (1)” insert “to seize an item within

section 550ZA(3)(a) to (f) or anything within subsection (1)(b)”;

(b)   

after subsection (6) insert—

“(6A)   

A person who seizes an item that is a prohibited item by virtue

of section 550ZA(3)(ea) (article used in commission of offence or

10

to cause personal injury or damage to property) under

subsection (1) must—

(a)   

deliver the item to a police constable as soon as

reasonably practicable,

(b)   

return the item to its owner,

15

(c)   

retain the item, or

(d)   

dispose of the item.

(6B)   

A person who seizes an item that is a prohibited item by virtue

of section 550ZA(3)(g) (item for which search may be made

under school rules) under subsection (1) must return it to its

20

owner, retain it or dispose of it.

(6C)   

In deciding what to do with an item under subsection (6A) or

(6B), the person who seized it must have regard to guidance

issued for the purpose of this section by the Secretary of State.

(6D)   

Subsections (6E) and (6F) apply to an item that—

25

(a)   

has been seized under subsection (1),

(b)   

is a prohibited item by virtue of section 550ZA(3)(ea) or

(g), and

(c)   

is an electronic device.

(6E)   

The person who seized the item may examine any data or files

30

on the device, if the person thinks there is a good reason to do

so.

(6F)   

Following an examination under subsection (6E), if the person

has decided to return the item to its owner, retain it or dispose

of it, the person may erase any data or files from the device if the

35

person thinks there is a good reason to do so.

(6G)   

In determining whether there is a good reason for the purposes

of subsection (6E) or (6F), the person must have regard to any

guidance issued for the purposes of this section by the Secretary

of State.”;

40

(c)   

in subsection (9), for “and (5)” substitute “, (5) and (6A)”.

(5)   

In section 550ZD (section 550ZC: supplementary)—

(a)   

in subsection (1), after “(5)(a)” insert “, (6A)(a)”;

(b)   

in subsection (2)(a), for the words from “alcohol” to “article” substitute

“an item within subsection (2A)”;

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Education Bill
Part 2 — Discipline

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(c)   

after subsection (2), insert—

“(2A)   

The items referred to in subsection (2)(a) are—

(a)   

alcohol or its container;

(b)   

a controlled drug;

(c)   

a stolen article;

5

(d)   

an item that is a prohibited item by virtue of section

550ZA(3)(ea) or (g).

(2B)   

Subsection (3) also applies where a person—

(a)   

erases data or a file from an electronic device under

section 550ZC(6F); and

10

(b)   

proves that the erasure was lawful.”;

(d)   

in subsection (3)(a), for “or disposal” substitute “, disposal or erasure”;

(e)   

in subsection (4), after “(2)” insert “, (2B)”.

(6)   

In section 89 of the Education and Inspections Act 2006 (determination by head

teacher of behaviour policy), after subsection (4) insert—

15

“(4A)   

In relation to a school in England, rules made under subsection (4) must

identify the items for which a search may be made.”

3       

Power of members of staff at further education institutions to search students

(1)   

Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.

(2)   

In section 85AA (power of members of staff to search students for prohibited

20

items: England), in subsection (3) (prohibited items), after paragraph (e)

insert—

“(ea)   

an article that the member of staff reasonably suspects has been,

or is likely to be, used—

(i)   

to commit an offence, or

25

(ii)   

to cause personal injury to, or damage to the property of,

any person (including S);”.

(3)   

In section 85AB (power of search under section 85AA: supplementary)—

(a)   

in subsection (6)—

(i)   

in paragraph (b), after “S” insert “, unless the condition in

30

subsection (6A) is satisfied”;

(ii)   

in paragraph (c), after “staff” insert “, unless the condition in

subsection (6A) is satisfied”;

(b)   

after subsection (6), insert—

“(6A)   

The condition is satisfied if—

35

(a)   

the person carrying out the search reasonably believes

that there is a risk that serious harm will be caused to a

person if the search is not carried out as a matter of

urgency, and

(b)   

in the time available it is not reasonably practicable for

40

the search to be carried out by a person of the same sex

as S or in the presence of another member of staff (as the

case may be).”;

(c)   

in subsection (7), in paragraph (b), after “staff” insert “, unless the

condition in subsection (7A) is satisfied”;

45

 
 

Education Bill
Part 2 — Discipline

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(d)   

after subsection (7), insert—

“(7A)   

The condition is satisfied if—

(a)   

the person carrying out the search reasonably believes

that there is a risk that serious harm will be caused to a

person if the search is not carried out as a matter of

5

urgency, and

(b)   

in the time available it is not reasonably practicable for

the search to be carried out in the presence of another

member of staff.”

(4)   

In section 85AC (power to seize items found during search under section

10

85AA)—

(a)   

after subsection (6) insert—

“(6A)   

A person who seizes an item that is a prohibited item by virtue

of section 85AA(3)(ea) (article used in commission of offence or

to cause personal injury or damage to property) under

15

subsection (1) must—

(a)   

deliver the item to a police constable as soon as

reasonably practicable,

(b)   

return the item to its owner,

(c)   

retain the item, or

20

(d)   

dispose of the item.

   

In deciding what to do with an item under this subsection, the

person who seized it must have regard to guidance issued for

the purpose of this section by the Secretary of State.

(6B)   

Subsections (6C) and (6D) apply to an item that—

25

(a)   

has been seized under subsection (1),

(b)   

is a prohibited item by virtue of section 85AA(3)(ea),

and

(c)   

is an electronic device.

(6C)   

The person who seized the item may examine any data or files

30

on the device, if the person thinks there is a good reason to do

so.

(6D)   

Following an examination under subsection (6C), if the person

has decided to return the item to its owner, retain it or dispose

of it, the person may erase any data or files from the device if the

35

person thinks there is a good reason to do so.

(6E)   

In determining whether there is a good reason for the purposes

of subsection (6C) or (6D), the person must have regard to any

guidance issued for the purposes of this section by the Secretary

of State.”;

40

(b)   

in subsection (9), for “and (5)” substitute “, (5) and (6A)”.

(5)   

In section 85AD (section 85AC: supplementary)—

(a)   

in subsection (1), after “(5)(a)” insert “, (6A)(a)”;

(b)   

in subsection (2)(a), for the words from “alcohol” to “article” substitute

“an item within subsection (2A)”;

45

(c)   

after subsection (2), insert—

“(2A)   

The items referred to in subsection (2)(a) are—

 
 

 
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