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Education Bill


Education Bill
Part 9 — Powers of National Assembly for Wales

55

 

71      

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.

5

(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.

15

(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,

20

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

25

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;

30

(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—

35

(a)   

professional conduct;

(b)   

recruitment;

(c)   

disciplinary proceedings;

(d)   

registration;

(e)   

required levels of health and fitness.

40

   

   

Matter 5.15C

   

The accreditation and funding of providers of training for persons listed in

matter 5.15A.”

 
 

Education Bill
Part 10 — General

56

 

(4)   

In matter 5.16 (advice, information and research), for paragraph (c)

substitute—

“(c)   

the training of persons listed in matter 5.15A;”.

73      

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

10

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—

15

(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.

20

(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

25

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

30

of the National Assembly for Wales.

75      

Interpretation of Act

In this Act—

“FHEA 1992” means the Further and Higher Education Act 1992;

“EA 1994” means the Education Act 1994;

35

“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;

40

“EA 2002” means the Education Act 2002;

 
 

Education Bill
Part 10 — General

57

 

“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

5

Act 2009;

“CSFA 2010” means the Children, Schools and Families Act 2010;

“AA 2010” means the Academies Act 2010.

76      

Financial provision

There is to be paid out of money provided by Parliament any increase attributable to

10

this Act in the sums payable under any other Act out of money so provided.

77      

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.

15

(4)   

An amendment or repeal made by this Act has the same extent as the provision

to which it relates.

78      

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;

25

(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;

30

(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

35

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.

40

 
 

Education Bill
Part 10 — General

58

 

(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—

5

(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.

79      

Short title

10

(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.

 
 

 
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