Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Part 9 — Powers of National Assembly for Wales
55

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Limit on student fees: part-time courses
(1)
In section 41(1) of HEA 2004 (interpretation of Part 3: student fees and fair
access), in the definition of “course”, omit “part-time or”.
(2)
This section applies in relation to a part-time course that a student begins on or
after 1 September 2012, except in such circumstances as may be prescribed.
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(3)
In subsection (2) “prescribed”—
(a)
in relation to England, means prescribed by regulations made by the
Secretary of State;
(b)
in relation to Wales, means prescribed by regulations made by the
Welsh Ministers.
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Part 9
Powers of National Assembly for Wales
72
Professional standards etc of teachers and others
(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.
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(2)
In matter 5.15 (inspections), for paragraph (c) substitute—
“(c)
the training of persons listed in matter 5.15A;”.
(3)
After matter 5.15 insert—

“Matter 5.15A

The professional standards (including training, professional development,
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performance management and qualifications) required of—
(a)
teachers and other persons who work in schools;
(b)
teachers and other persons who work in relevant independent
educational institutions;
(c)
teachers and other persons who work in institutions concerned with
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the provision of further education;
(d)
persons involved in the provision of pre-16 education or training or
post-16 education or training, other than in schools, relevant
independent educational institutions or institutions concerned with the
provision of further education;
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(e)
persons involved in the provision of services of the kinds mentioned in
matter 5.8.


Matter 5.15B

The following, in relation to the persons listed in matter 5.15A—
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(a)
professional conduct;
(b)
recruitment;
(c)
disciplinary proceedings;
(d)
registration;
(e)
required levels of health and fitness.
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Matter 5.15C

The accreditation and funding of providers of training for persons listed in
matter 5.15A.”

Education Bill
Part 10 — General
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(4)
In matter 5.16 (advice, information and research), for paragraph (c)
substitute—
“(c)
the training of persons listed in matter 5.15A;”.
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Funding of pre-16 education and training
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly
5
Measures), in field 5 (education and training), after matter 5.6 insert—
“Matter 5.6A
Funding of pre-16 education or training.”
Part 10
General
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74
Orders and regulations
(1)
A power to make an order or regulations under this Act is exercisable by
statutory instrument.
(2)
A power to make an order or regulations under this Act (except a power
conferred by section 78) includes power—
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(a)
to make different provision for different purposes (including different
areas);
(b)
to make provision generally or in relation to specific cases;
(c)
to make incidental, consequential, supplementary, transitional,
transitory or saving provision.
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(3)
Subject to subsection (4), a statutory instrument containing an order or
regulations made by the Secretary of State under this Act (other than an order
under section 78) is subject to annulment in pursuance of a resolution of either
House of Parliament.
(4)
A statutory instrument which contains (alone or with other provision) an order
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under section 52(2) or 63(2) which amends or repeals any provision of an Act
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(5)
A statutory instrument containing an order or regulations made by the Welsh
Ministers under this Act is subject to annulment in pursuance of a resolution
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of the National Assembly for Wales.
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Interpretation of Act
In this Act—
“FHEA 1992” means the Further and Higher Education Act 1992;
“EA 1994” means the Education Act 1994;
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“EA 1996” means the Education Act 1996;
“EA 1997” means the Education Act 1997;
“THEA 1998” means the Teaching and Higher Education Act 1998;
“SSFA 1998” means the School Standards and Framework Act 1998;
“LSA 2000” means the Learning and Skills Act 2000;
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“EA 2002” means the Education Act 2002;

Education Bill
Part 10 — General
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“HEA 2004” means the Higher Education Act 2004;
“EA 2005” means the Education Act 2005;
“EIA 2006” means the Education and Inspections Act 2006;
“ESA 2008” means the Education and Skills Act 2008;
“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning
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Act 2009;
“CSFA 2010” means the Children, Schools and Families Act 2010;
“AA 2010” means the Academies Act 2010.
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Financial provision
There is to be paid out of money provided by Parliament any increase attributable to
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this Act in the sums payable under any other Act out of money so provided.
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Extent
(1)
This Act extends to England and Wales only, subject to subsections (2) to (4).
(2)
Sections 21 and 22, and Schedule 6, also extend to Northern Ireland.
(3)
This Part extends to the whole of the United Kingdom.
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(4)
An amendment or repeal made by this Act has the same extent as the provision
to which it relates.
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Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
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(a)
section 33;
(b)
section 39(1) to (3) and (5) to (8);
(c)
section 40;
(d)
section 41(1) to (7), (9) and (10);
(e)
sections 70 and 71;
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(f)
this Part.
(2)
The following provisions come into force at the end of two months beginning
with the day on which this Act is passed—
(a)
section 6;
(b)
sections 28 and 29;
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(c)
sections 30 and 31;
(d)
section 46;
(e)
section 47;
(f)
sections 72 and 73.
(3)
The other provisions of this Act come into force on such day as the Secretary of
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State may by order appoint.
(4)
The Secretary of State must exercise the power conferred by subsection (3) so
as to secure that, subject to any provision made by virtue of subsection (7),
section 65 and Schedule 17 are in force no later than the day after the day which
is the school leaving date for 2013.
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Education Bill
Part 10 — General
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(5)
Before making an order bringing section 13 into force, the Secretary of State
must consult the Welsh Ministers.
(6)
Before making an order bringing sections 14 to 17 into force, the Secretary of
State must obtain the consent of the Welsh Ministers.
(7)
An order under this section may—
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(a)
appoint different days for different purposes (including different
areas);
(b)
contain transitional, transitory or saving provision in connection with
the coming into force of this Act.
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Short title
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(1)
This Act may be cited as the Education Act 2011.
(2)
This Act is to be included in the list of Education Acts set out in section 578 of
EA 1996.