Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Part 3 — School workforce
22

Abolition of the Training and Development Agency for Schools
14
Abolition of the Training and Development Agency for Schools
Sections 74 to 84 of, and Schedule 13 to, EA 2005 (the Training and
Development Agency for Schools) are repealed.
15
Training the school workforce: powers of Secretary of State and Welsh
5
Ministers
(1)
Part 2 of EA 2002 (financial assistance for education and children etc) is
amended as set out in subsections (2) and (3).
(2)
In section 14 (power of Secretary of State and Welsh Ministers to give financial
assistance for purposes related to education or children etc)—
10
(a)
in subsection (2), after paragraph (c) insert—
“(ca)
enabling any person to receive any training for teachers
or for non-teaching staff;”;
(b)
in subsection (2ZA), for “(2)(g)” substitute “(2)”.
(3)
In section 16 (terms on which assistance under section 14 is given)—
15
(a)
in subsection (1), after “appropriate” insert “, subject to subsection
(2B)”;
(b)
in subsection (2)(b), after “appropriate” insert “, subject to subsection
(2B)”;
(c)
after subsection (2) insert—
20
“(2A)
Subsection (2B) applies to—
(a)
financial assistance given under section 14 to an
institution within the higher education sector, and
(b)
financial assistance required by virtue of subsection
(2)(b) to be given to such an institution.
25
(2B)
The terms on which the assistance is given may not be framed
by reference to criteria for the selection and appointment of staff
or the admission of students.”
(4)
Part 3 of EA 2005 (training the school workforce) is amended as set out in
subsections (5) to (9).
30
(5)
Before section 85 (and the italic heading preceding it), insert—
“Functions of Welsh Ministers with respect to the school workforce
84A
General duty of Welsh Ministers with respect to teacher training
In carrying out their duties under sections 10 and 11 of the Education
Act 1996, the Welsh Ministers must in particular make such
35
arrangements as they consider expedient for securing that sufficient
facilities are available for the training of teachers to serve in—
(a)
schools maintained by local authorities in Wales,
(b)
institutions in Wales within the further education sector, and
(c)
institutions in Wales which are maintained by local authorities
40
in Wales and provide higher education or further education (or
both).

Education Bill
Part 3 — School workforce
23

84B
Power to promote careers in school workforce in Wales
(1)
The Welsh Ministers may promote careers in the school workforce in
Wales.
(2)
The Welsh Ministers may exercise the power conferred by subsection
(1) jointly with the Secretary of State or any other person with functions
5
relating to careers in the school workforce.
(3)
The Welsh Ministers may make arrangements for the power conferred
by subsection (1) to be exercised on their behalf by any other person.
(4)
Arrangements under subsection (3) may (in particular) make provision
for that power to be exercised—
10
(a)
to the extent, and on the terms, specified in the arrangements;
(b)
generally or in such circumstances as are specified in the
arrangements;
(c)
jointly with any person with whom it can be exercised jointly by
the Welsh Ministers by virtue of subsection (2).
15
(5)
Arrangements under subsection (3) do not prevent the power conferred
by subsection (1) from being exercised by the Welsh Ministers.”
(6)
In section 92 (joint exercise of functions)—
(a)
in subsection (1), for “A funding agency” substitute “The Secretary of
State, HEFCW”;
20
(b)
in subsection (2), omit “the other funding agency,”;
(c)
after subsection (2) insert—
“(2A)
The reference in subsection (1) to the functions of the Secretary
of State is to the functions of the Secretary of State relating to
training for members of the school workforce.”;
25
(d)
omit subsection (3).
(7)
In section 93 (efficiency studies)—
(a)
in subsection (1), for “A funding agency” substitute “The Secretary of
State and HEFCW”;
(b)
in subsection (2), for “a funding agency” substitute “the Secretary of
30
State or HEFCW”;
(c)
in subsection (3)(a), for “support under this Part from the Agency”
substitute “assistance under section 14 of the Education Act 2002 from
the Secretary of State”.
(8)
For section 94 (duty to provide information) substitute—
35
“94
Provision of information
(1)
HEFCW may give the Secretary of State information for the purposes
of the exercise of the Secretary of State’s functions relating to training
for members of the school workforce.
(2)
The Secretary of State may give HEFCW information for the purposes
40
of the exercise of their functions under any enactment.
(3)
The persons and bodies mentioned in subsection (4) must—
(a)
give the Secretary of State such information as the Secretary of
State may require for the purpose of the exercise of the Secretary

Education Bill
Part 3 — School workforce
24

of State’s functions relating to training for members of the
school workforce;
(b)
give HEFCW such information as they may require for the
purpose of the exercise of their functions under any enactment.
(4)
The persons and bodies referred to in subsection (3) are—
5
(a)
a person receiving, or who has received or applied for, a grant,
loan or other payment under section 86, or financial assistance
from the Secretary of State under section 14 of the Education Act
2002;
(b)
a local authority.”
10
(9)
In section 100 (interpretation of Part 3)—
(a)
omit the definitions of “the Agency” and “a funding agency”;
(b)
in the definition of “the school workforce”, for “section 75(5)” substitute
“subsection (1A)”;
(c)
in the definition of “training provider”, for “has the meaning given by
15
section 78(3)” substitute “means a person who provides training for
members of the school workforce”;
(d)
after subsection (1) insert-
“(1A)
For the purposes of this Part, the school workforce consists of
the following members—
20
(a)
persons who work in schools, and
(b)
other persons who are teachers or who carry out work
that consists of or includes teaching.”
16
Abolition of the TDA: consequential amendments
(1)
Schedule 4 (abolition of the TDA: consequential amendments) has effect.
25
(2)
The Secretary of State may by order make changes in consequence of sections
14 and 15 to any provision of subordinate legislation made before the date on
which this Act is passed.
(3)
The Welsh Ministers may by order make changes in consequence of sections 14
and 15, so far as applicable to Wales, to any provision of—
30
(a)
an instrument made under a Measure of the National Assembly for
Wales before the date on which this Act is passed;
(b)
any other subordinate legislation made before the date on which this
Act is passed, so far as applicable to Wales.
(4)
“Subordinate legislation” has the meaning given by section 21(1) of the
35
Interpretation Act 1978.
17
Abolition of the TDA: transfer schemes
Schedule 5 (schemes for the transfer of staff, property, rights and liabilities
from the Training and Development Agency for Schools to the Secretary of
State) has effect.
40

Education Bill
Part 4 — Qualifications and the Curriculum
25

Abolition of the School Support Staff Negotiating Body
18
Abolition of the School Support Staff Negotiating Body
(1)
Sections 227 to 241 of, and Schedule 15 to, ASCLA 2009 (the School Support
Staff Negotiating Body) are repealed.
(2)
In consequence of subsection (1), in the House of Commons Disqualification
5
Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), omit “Person
appointed to chair the School Support Staff Negotiating Body.”
Staff: minor amendments
19
Staffing of maintained schools: suspension of delegated budget
(1)
In section 35 of EA 2002 (staffing of community, voluntary controlled,
10
community special and maintained nursery schools), in subsection (7) (effect
of suspension of school’s delegated budget), after “the School Standards and
Framework Act 1998” insert “, or section 66 of the Education and Inspections
Act 2006,”.
(2)
In section 36 of that Act (staffing of foundation, voluntary aided and
15
foundation special schools), in subsection (7) (effect of suspension of school’s
delegated budget), after “the School Standards and Framework Act 1998”
insert “, or section 66 of the Education and Inspections Act 2006,”.
Part 4
Qualifications and the Curriculum
20
International comparison surveys
20
Requirement for schools to participate in international surveys
In Chapter 4 of Part 9 of EA 1996 (provision of information by governing bodies
etc), after section 538, insert—
“538A
Power to direct participation in international surveys
25
The Secretary of State may direct the governing body of a community,
foundation or voluntary school in England to secure that the school
participates in such international education surveys as may be
specified in the direction.”
Ofqual
30
21
The Chief Regulator of Qualifications and Examinations
Schedule 6 (the Chief Regulator of Qualifications and Examinations) has effect.
22
The qualifications standards objective
In section 128 of ASCLA 2009 (Ofqual’s objectives) for subsection (2) (the

Education Bill
Part 4 — Qualifications and the Curriculum
26

qualifications standards objective) substitute—
“(2)
The qualifications standards objective is to secure that—
(a)
regulated qualifications give a reliable indication of knowledge,
skills and understanding, and
(b)
regulated qualifications indicate —
5
(i)
a consistent level of attainment (including over time)
between comparable regulated qualifications, and
(ii)
a consistent level of attainment (but not over time)
between regulated qualifications and comparable
qualifications (including those awarded outside the
10
United Kingdom) which are not qualifications to which
this Part applies.”
Abolition of the Qualifications and Curriculum Development Agency
23
Abolition of the Qualifications and Curriculum Development Agency
Sections 175 to 191 of, and Schedule 11 to, ASCLA 2009 (the Qualifications and
15
Curriculum Development Agency) are repealed.
24
Abolition of the QCDA: consequential amendments
(1)
Schedule 7 (abolition of the QCDA: consequential amendments) has effect.
(2)
The Secretary of State may by order make changes in consequence of section 23
to any provision of subordinate legislation made before the date on which this
20
Act is passed.
(3)
“Subordinate legislation” has the meaning given by section 21(1) of the
Interpretation Act 1978.
25
Abolition of the QCDA: transfer schemes
Schedule 8 (schemes for the transfer of staff, property, rights and liabilities
25
from the QCDA to other persons) has effect.
Careers education and guidance
26
Education and training support services in England
(1)
Part 2 of ESA 2008 (education and training support services in England) is
amended as set out in subsections (2) to (6).
30
(2)
Section 69 (Secretary of State directions in relation to education and training
support services) is repealed.
(3)
In consequence of subsection (2)—
(a)
in section 68 (provision of support services by local authorities)—
(i)
omit subsection (2);
35
(ii)
in subsection (3), omit “and section 69”;
(iii)
in subsection (4), omit paragraph (a) (and the “and” after it);
(b)
in section 70(2) (local authorities: supplementary powers), omit “or 69”;

Education Bill
Part 4 — Qualifications and the Curriculum
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(c)
in section 71(8) (provision of support on conditional basis), for “68(2)
and (4)” substitute “68(4)”.
(4)
Section 73 (duty on schools and FE institutions to permit access by persons
involved in providing education and training support services) is repealed.
(5)
In section 76A (supply of information obtained in connection with education
5
and training support services), omit subsection (5) (information not to be
disclosed in a way that reveals identity of individual to whom it relates).
(6)
In consequence of the amendment made by subsection (2), omit section 255(2)
of ASCLA 2009.
27
Careers guidance in schools in England
10
(1)
Part 7 of EA 1997 (careers education and guidance) is amended as set out in
subsections (2) to (8).
(2)
Before section 43 insert—
“42A
Provision of careers guidance in schools in England
(1)
The responsible authorities for a school in England within subsection
15
(2) must secure that all registered pupils at the school are provided with
independent careers guidance during the relevant phase of their
education.
(2)
A school is within this subsection if it provides secondary education
and is one of the following—
20
(a)
a community, foundation or voluntary school;
(b)
a community or foundation special school (other than one
established in a hospital);
(c)
a pupil referral unit.
(3)
The responsible authorities for a school within subsection (2) are—
25
(a)
in the case of a school within subsection (2)(a) or (b), its
governing body;
(b)
in the case of a pupil referral unit, the local authority that
maintain it.
(4)
The responsible authorities must secure that careers guidance provided
30
under subsection (1)—
(a)
is presented in an impartial manner,
(b)
includes information on options available in respect of 16 to 18
education or training, including apprenticeships, and
(c)
is guidance that the person giving it considers will promote the
35
best interests of the pupils to whom it is given.
(5)
Careers guidance provided to pupils at a school is independent for the
purposes of this section if it is provided other than by—
(a)
a teacher employed or engaged at the school, or
(b)
any other person employed at the school.
40
(6)
For the purposes of this section the relevant phase of a pupil’s
education is the period—
(a)
beginning at the same time as the school year in which the
majority of pupils in the pupil’s class attain the age of 14, and

Education Bill
Part 4 — Qualifications and the Curriculum
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(b)
ending with the expiry of the school year in which the majority
of pupils in the pupil’s class attain the age of 16.
(7)
In this section—
“apprenticeship” includes employment and training leading to the
issue of an apprenticeship certificate under section 3 or 4 of the
5
Apprenticeships, Skills, Children and Learning Act 2009;
“career” includes undertaking any training, education,
employment or occupation;
“careers guidance” means guidance about careers;
“class”, in relation to a pupil, means—
10
(a)
the teaching group in which the pupil is regularly
taught, or
(b)
if the pupil is taught in different groups for different
subjects, such one of those groups as is designated by
the head teacher of the school or, in the case of a pupil at
15
a pupil referral unit, by the teacher in charge of the unit;
“16 to 18 education or training” means education or training
suitable to the requirements of persons who have ceased to be
of compulsory school age but have not attained the age of 18;
“training” includes a voluntary or other placement apt to enable
20
the development of any skill or competency (whether or not
taking place at a time when the person concerned is still a
registered pupil at a school in England).”
(3)
In section 43 (careers education in schools)—
(a)
in subsection (1), after “school” insert “in Wales”;
25
(b)
in subsection (2), omit paragraph (d) (but not the “and” after it);
(c)
omit subsections (2A) and (2B);
(d)
in subsection (3)—
(i)
omit “(and, where applicable, subsection (2B))”;
(ii)
omit paragraph (b) (but not the “and” after it);
30
(e)
omit subsection (4);
(f)
in subsection (6)—
(i)
in the definition of “class”, for the words from “, in relation” to
the end substitute “has the same meaning as in section 42A;”;
(ii)
omit the definitions of “16-18 education or training” and
35
“training”;
(g)
in the heading, at the end insert “in Wales”.
(4)
In section 44—
(a)
in subsection (8)(a), for “listed in section 43(2)(a) to (d)” substitute “in
Wales listed in section 43(2)(a) and (c)”;
40
(b)
in subsection (8)(b), after “institutions” insert “in Wales”;
(c)
for subsection (9) substitute—
“(9)
It is the duty of the each of the following to secure that
subsections (1), (4) and (6) are complied with—
(a)
the governing body of the school or institution;
45
(b)
its head teacher, principal or other head.”;
(d)
in subsection (10)(a), after “a school” insert “in Wales”;
(e)
in subsection (10)(b), after “an institution” insert “in Wales”;