Education Bill

House of Commons

Session 2010 - 11
Internet Publications
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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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
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(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

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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
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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”;
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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—