Education Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Education Bill

Education Bill
Part 7 — Post-16 education and training
50

63
Abolition of the YPLA: consequential amendments
(1)
Schedule 15 (abolition of the YPLA: consequential amendments) has effect.
(2)
The Secretary of State may by order make further changes in consequence of
section 62 to any provision of—
(a)
an Act passed before, or in the same Session as, this Act;
5
(b)
subordinate legislation made before the date on which this Act is
passed.
(3)
“Subordinate legislation” has the meaning given by section 21(1) of the
Interpretation Act 1978.
64
Abolition of the YPLA: transfer schemes
10
Schedule 16 (schemes for the transfer of staff, property, rights and liabilities
from the Young People’s Learning Agency for England to other persons) has
effect.
Apprenticeships
65
The apprenticeship offer
15
(1)
ASCLA 2009 is amended as follows.
(2)
After section 83 insert—
“83A
The apprenticeship offer
(1)
The Chief Executive must secure the provision of proper facilities for
apprenticeship training that is suitable to the requirements of persons
20
who—
(a)
are within subsection (4), (5) or (6), and
(b)
have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).
(2)
The duty imposed by subsection (1) is referred to in this section and
25
sections 83B and 83C as “the apprenticeship offer”.
(3)
An apprenticeship opportunity is an opportunity to—
(a)
enter into an apprenticeship agreement,
(b)
enter into any other contract of employment in connection with
which training will be provided in accordance with an
30
apprenticeship framework, or
(c)
undertake any other kind of working—
(i)
in relation to which alternative English completion
conditions apply under section 1(5), and
(ii)
in connection with which training will be provided in
35
accordance with an apprenticeship framework.
(4)
A person within this subsection is one who is over compulsory school
age but under 19.
(5)
A person within this subsection is one who is not within subsection (4)
and—
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Education Bill
Part 7 — Post-16 education and training
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(a)
is a person aged under 21 towards whom a local authority in
England has the duties provided for in section 23C of the
Children Act 1989 (continuing functions in relation to certain
formerly looked after children), or
(b)
is a person to whom section 23CA of that Act applies (further
5
assistance for certain formerly looked after children aged under
25), in relation to whom a local authority in England is the
responsible local authority (within the meaning of that section).
(6)
A person within this subsection is one who—
(a)
is not within subsection (4), and
10
(b)
is of a prescribed description.
(7)
If regulations under subsection (6)(b) describe a person by reference to
an age or an age range, the age, or the upper age of the age range, must
be less than 25.
(8)
Facilities are proper if they are—
15
(a)
of a quantity sufficient to meet the reasonable needs of
individuals, and
(b)
of a quality adequate to meet those needs.
(9)
Section 83(2) and (3) (when apprenticeship training is suitable, and
matters to which Chief Executive must have regard) apply for the
20
purposes of the apprenticeship offer.
(10)
In complying with the apprenticeship offer the Chief Executive must
make the best use of the Chief Executive’s resources.
(11)
In this section “apprenticeship framework” has the meaning given by
section 12.
25
(12)
The Secretary of State may by order amend this section for the purpose
of changing the descriptions of persons to whom the apprenticeship
offer applies.
83B
Limit on scope of the apprenticeship offer
(1)
The Chief Executive is not required by the apprenticeship offer to
30
secure the provision of facilities for apprenticeship training at a
particular level for a person who—
(a)
has already completed an English apprenticeship in relation to
an apprenticeship framework at that level, or
(b)
holds an apprenticeship certificate at that level.
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(2)
For the purposes of this section apprenticeship training is at a particular
level if it might reasonably be expected to lead to the issue of an
apprenticeship certificate at that level.
(3)
The following provisions of Chapter 1 of Part 1 apply for the purposes
of this section—
40
section 1 (meaning of “completing an English apprenticeship”);
section 12 (meaning of apprenticeship framework and level of an
apprenticeship framework).
(4)
In this section “apprenticeship certificate” means an apprenticeship
certificate issued under section 3 or 4.
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Part 7 — Post-16 education and training
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(5)
A reference in this section to an apprenticeship certificate at any level
includes a reference to a certificate or other evidence (including a
certificate awarded or evidence provided by a person outside England)
which appears to the Chief Executive to be evidence of experience and
attainment at a comparable or higher level.
5
83C
Power to suspend the apprenticeship offer
(1)
The Secretary of State may by order suspend the application of the
apprenticeship offer, in a specified area specified, for a specified
period—
(a)
in relation to a specified skill, trade or occupation, or
10
(b)
in relation to specified apprenticeship training at a specified
level.
(2)
Section 83B(2) (meaning of apprenticeship training at a particular level)
applies for the purposes of this section.
(3)
The period specified in an order under subsection (1) must not exceed
15
2 years.”
(3)
Schedule 17 (consequential amendments) has effect.
66
Apprenticeship certificates
(1)
ASCLA 2009 is amended as follows.
(2)
In section 5 (issue of certificates by the English certifying authority:
20
supplementary), in subsection (3), for the words from “the English certifying
authority” to the end substitute “a person supplying a copy of an
apprenticeship certificate to charge a fee for doing so.”
(3)
For section 6 (apprenticeship certificates: the English certifying authority)
substitute—
25
“6
The English certifying authority
(1)
In this Chapter, the “English certifying authority”, in relation to an
apprenticeship certificate of any description, means—
(a)
the person (if any) designated by the Secretary of State under
this section to issue apprenticeship certificates of that
30
description;
(b)
if there is no-one within paragraph (a), the person (if any)
designated by the Secretary of State under this section to issue
apprenticeship certificates generally;
(c)
if there is no-one within paragraph (a) or (b), the Secretary of
35
State.
(2)
The power conferred by subsection (1)(a) must be exercised so as to
secure that, at any time, only one person is designated to issue
apprenticeship certificates relating to a particular apprenticeship
sector.
40
(3)
A person designated under this section to issue apprenticeship
certificates must, in exercising functions under this Chapter—
(a)
comply with directions given by the Secretary of State, and
(b)
have regard to guidance given by the Secretary of State.

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Part 7 — Post-16 education and training
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(4)
A designation under this section may be amended or revoked by the
Secretary of State.”
(4)
In section 39(1) (interpretation of Chapter 1 of Part 1) for the definition of
“English certifying authority” substitute—
““English certifying authority”, in relation to an apprenticeship
5
certificate of any description, has the meaning given by section
6(1);”.
The Chief Executive of Skills Funding
67
Consultation by Chief Executive of Skills Funding
In Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) after section
10
118 insert—
“118A
Directions: consultation
(1)
The Secretary of State may direct the Chief Executive to carry out
consultation in connection with matters related to the performance of
any of the functions of the office.
15
(2)
A direction under this section may (in particular) specify—
(a)
the persons, or descriptions of persons, to be consulted;
(b)
the way in which the consultation is to be carried out.”
68
Functions of the Chief Executive of Skills Funding
(1)
Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as
20
follows.
(2)
In section 88 (learning aims for persons aged 19 or over: payment of tuition
fees)—
(a)
in subsection (1), for “paragraph 1” substitute “paragraph 1(a) or (b)”;
(b)
after subsection (2), insert—
25
“(2A)
Functions under this Part must be exercised by the Chief
Executive so as to secure that a course of study for a
qualification to which paragraph 1(c) of Schedule 5 applies is
free to a person falling within subsection (4) if it is provided for
the person by virtue of facilities whose provision is secured
30
under section 87.”;
(c)
in subsection (4)(a), for “25” substitute “24”.
(3)
Sections 112 to 114 (Secretary of State’s power to specify bodies to formulate
strategy for the Chief Executive) are repealed.
Raising the participation age: commencement
35
69
Duty to participate in education or training: commencement
In section 173 of ESA 2008 (commencement), for subsections (9) and (10)

Education Bill
Part 8 — Student finance
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substitute—
“(9)
An order under subsection (4) may provide for the following
provisions to come into force with the substitution of “the first
anniversary of the date on which the person ceased to be of compulsory
school age” for “the age of 18”—
5
(a)
section 1(b) (persons to whom Part 1 applies);
(b)
section 29(1)(b) (employer to enable participation in education
or training: extension for persons reaching 18).
(10)
The Secretary of State must—
(a)
exercise the powers conferred by subsections (4) and (9) so as to
10
secure that sections 1 to 10 are in force with the substitution in
section 1(b) mentioned in subsection (9) no later than the day
after the day which is the school leaving date for 2013, and
(b)
exercise the power conferred by subsection (4) so as to secure
that sections 1 to 10 are in force without that substitution no
15
later than the day after the day which is the school leaving date
for 2015,

subject, in each case, to any provision made by virtue of subsection (8).”
Part 8
Student finance
20
70
Student loans: interest rates
(1)
In section 22 of THEA 1998 (financial support for students), in subsection (4)
(interest rates on loans), for paragraph (a) (but not the “and” after it)
substitute—
“(a)
the rates prescribed by regulations made in pursuance of
25
subsection (3)(a) must be—
(i)
lower than those prevailing on the market, or
(ii)
no higher than those prevailing on the market, where
the other terms on which such loans are provided are
more favourable to borrowers than those prevailing on
30
the market;”.
(2)
In consequence of subsection (1)—
(a)
in section 22 of THEA 1998, omit subsections (8) and (9);
(b)
in section 2 of the Sale of Student Loans Act 2008 (sale of student loans:
supplemental), in subsection (5), omit paragraph (d) (but not the “and”
35
after it).
(3)
This section applies in relation to a student who begins a course on or after 1
September 2012, except in such circumstances as may be prescribed.
(4)
In subsection (3) “prescribed”—
(a)
in relation to England, means prescribed by regulations made by the
40
Secretary of State;
(b)
in relation to Wales, means prescribed by regulations made by the
Welsh Ministers.