Education Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Education Bill

Education Bill
Schedule 4 — Abolition of the TDA: consequential amendments
66

      (2)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the GTCE in
connection with any property, rights or liabilities transferred by the
5
scheme to be treated as done, or to be continued, by or in relation to
the Secretary of State;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
      (3)
The things that may be transferred by a property transfer scheme include—
10
(a)
property, rights and liabilities that could not otherwise be
transferred;
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
Continuity
15
3
A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the GTCE
before the transfer takes effect.
Supplementary provision etc.
4
A staff transfer scheme or a property transfer scheme may include
20
supplementary, incidental, transitional and consequential provision.
Interpretation
5
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer
scheme, means specified in, or determined in accordance with, the
25
scheme;
“the GTCE” means the General Teaching Council for England.
Schedule 4
Section 16

Abolition of the TDA: consequential amendments
Public Records Act 1958 (c. 51)
30
1
In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the
Table (definition of public records: other establishments and organisations)
omit “Training and Development Agency for Schools.” and “Teacher
Training Agency.”
Parliamentary Commissioner Act 1967 (c. 13)
35
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit “Training and Development Agency for
Schools.”

Education Bill
Schedule 4 — Abolition of the TDA: consequential amendments
67

Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
referred to in section 1 of that Act) omit “Training and Development Agency
for Schools.”
House of Commons Disqualification Act 1975 (c. 24)
5
4
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) omit the entry relating to members of the
Training and Development Agency for Schools in receipt of remuneration.
Education (Fees and Awards) Act 1983 (c. 40)
5
In section 1(3) of the Education (Fees and Awards) Act 1983 (institutions in
10
respect of which regulations may provide for differential fees), in paragraph
(e), for “support under section 78 of that Act from the Training and
Development Agency for Schools” substitute “assistance—
(i)
from the Secretary of State or the Welsh Ministers
under section 14 of the Education Act 2002, or
15
(ii)
from a person who is receiving financial assistance
under that section;”.
EA 1994
6
Part 1 of EA 1994 (teacher training) is amended as follows.
7
Section 11A (general duty of Secretary of State and Welsh Ministers with
20
respect to teacher training) is repealed.
8
In section 18B (inspection of teacher training), in subsections (3) and (8), for
“Training and Development Agency for Schools” substitute “Secretary of
State”.
9
In section 18C (inspection of teacher training in Wales), in subsection (12)(b),
25
omit “or the Training and Development Agency for Schools”.
EA 1996
10
EA 1996 is amended as follows.
11
In section 398 (no requirement of attendance at Sunday school etc), in
subsection (2), for “75(5) and 96(1)” substitute “96(1) and 100”.
30
12
In section 450 (prohibition of charges for admission), in subsection (3), for
“75(5) and 96(1)” substitute “96(1) and 100”.
Audit Commission Act 1998 (c. 18)
13    (1)
The Table in section 36(1) of the Audit Commission Act 1998 (studies at
request of educational bodies) is amended as follows.
35
      (2)
Omit the entry for the Training and Development Agency for Schools.
      (3)
For the entry for a training provider receiving financial support under

Education Bill
Schedule 4 — Abolition of the TDA: consequential amendments
68

section 78 of the Education Act 2005 substitute—

“A person who provides
The provider or the Secretary of

training for members of the
State.”

school workforce (within the

meaning of Part 3 of the

5

Education Act 2005) and

receives financial assistance—

(a)
from the Secretary of

State under section 14 of

the Education Act 2002,

10

or

(b)
from a person who is

receiving financial

assistance from the

Secretary of State under

15

that section.

THEA 1998
14    (1)
Section 26 of THEA 1998 (imposition of conditions as to fees at further or
higher education institutions) is amended as follows.
      (2)
In subsection (3)—
20
(a)
omit “81(1), 82(1) or”;
(b)
omit paragraph (c) and the “or” preceding it;
(c)
omit “78 or”.
      (3)
In subsection (11)—
(a)
omit “or the Training and Development Agency for Schools”;
25
(b)
in paragraph (b), omit “or that Agency”.
Government of Wales Act 1998 (c. 38)
15    (1)
Section 145B of the Government of Wales Act 1998 (studies at request of
educational bodies) is amended as follows.
      (2)
In the Table in subsection (1), omit the entry for a training provider receiving
30
financial support under section 78 of the Education Act 2005.
      (3)
Omit subsection (1A).
      (4)
In subsection (2), for “Subsections (1) and (1A) do” substitute “Subsection (1)
does”.
      (5)
In subsection (3), omit “or (1A)”.
35
Freedom of Information Act 2000 (c. 36)
16
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) omit “The Teacher Training Agency.” and “The
Training and Development Agency for Schools.”

Education Bill
Schedule 4 — Abolition of the TDA: consequential amendments
69

EA 2002
17
In section 145 of EA 2002 (specification of qualification or course)—
(a)
in subsection (1)(c), omit “the Training and Development Agency for
Schools,”;
(b)
in subsection (3), omit “the Training and Development Agency for
5
Schools or”.
HEA 2004
18
Part 3 of HEA 2004 (student fees and fair access) is amended as follows.
19
For section 23, substitute—
“23
Duty of Secretary of State to impose condition as to student fees, etc
10
(1)
Subsection (2) applies to a grant made by the Secretary of State to the
Higher Education Funding Council for England under section 68 of
the 1992 Act.
(2)
The grant must be made subject to a condition requiring the Council
to impose a condition under section 24 in relation to any grants, loans
15
or other payments made by the Council under section 65 of the 1992
Act to the governing body of a relevant institution.
(3)
Subsection (4) applies to financial assistance given by the Secretary
of State under section 14 of the Education Act 2002 to the governing
body of a relevant institution.
20
(4)
The terms on which the financial assistance is given must include a
condition under section 24.
(5)
“Relevant institution”—
(a)
in the case of a grant to which subsection (2) applies, an
institution specified, or of a class specified, by the Secretary
25
of State in a condition under subsection (2);
(b)
in the case of financial assistance to which subsection (4)
applies, an institution specified, or of a class specified, by
order made by the Secretary of State for the purposes of that
subsection.”
30
20    (1)
Section 24 (condition to be imposed by English funding bodies) is amended
as follows.
      (2)
In subsection (3)—
(a)
in paragraph (a)(ii), for the words from “of other” to “section 23”
substitute “(where the funding body is the Higher Education
35
Funding Council for England) of other financial requirements
determined by the Council in accordance with principles specified
by the Secretary of State in the condition under section 23(2)”;
(b)
in paragraph (b), for the words from “financial requirements” to
“section 23” substitute “—
40
(i)
where the funding body is the Higher
Education Funding Council for England,
financial requirements determined by the
Council in accordance with principles

Education Bill
Schedule 4 — Abolition of the TDA: consequential amendments
70

specified by the Secretary of State in the
condition under section 23(2);
(ii)
where the funding body is the Secretary of
State, such financial requirements as the
Secretary of State thinks appropriate”;
5
      (3)
In subsection (4)(c), for “78 of the 2005 Act” substitute “14 of the Education
Act 2002”.
      (4)
In subsection (6)—
(a)
for the definition of “funding body” substitute—
““funding body” means—
10
(a)
in the case of a grant, loan or other payment
made under section 65 of the 1992 Act, the
Higher Education Funding Council for
England;
(b)
in the case of financial assistance given by the
15
Secretary of State under section 14 of the
Education Act 2002 to the governing body of a
relevant institution, the Secretary of State;”;
(b)
in the definition of “the grant period”, for “to which the relevant
condition under section 23 relates” substitute “in question”.
20
21    (1)
Section 27 (power of NAW to impose conditions as to student fees, etc) is
amended as follows.
      (2)
In subsection (1)—
(a)
omit “82(1) or”;
(b)
for “a funding body” substitute “the Higher Education Funding
25
Council for Wales”;
(c)
for “the funding body” (in both places) substitute “the Council”;
(d)
omit “78 or”.
      (3)
In subsection (2), omit the definition of “funding body”.
22    (1)
Section 28 (condition that may be required to be imposed by Welsh funding
30
bodies) is amended as follows.
      (2)
In subsection (3), for “funding body” substitute “Higher Education Funding
Council for Wales”.
      (3)
In subsection (4)(c), omit “78 or”.
      (4)
In subsection (6), omit the definition of “funding body”.
35
      (5)
In the heading, for “Welsh funding bodies” substitute “HEFCW”.
23
In section 29 (sections 23 to 28: supplementary provisions), in subsection
(3)—
(a)
after “1992 Act” insert “, the Education Act 2002”;
(b)
for “, the Higher Education Funding Council for Wales or the
40
Training and Development Agency for Schools” substitute “or the
Higher Education Funding Council for Wales”;
(c)
in paragraph (a), for “under section 23 imposed” substitute “or terms
imposed by virtue of section 23”;

Education Bill
Schedule 4 — Abolition of the TDA: consequential amendments
71

(d)
in paragraph (c), for “that Agency” substitute “the Secretary of
State”.
24
In section 31 (Director of Fair Access to Higher Education), in subsection (5),
for “from the Training and Development Agency for Schools under section
78 of the 2005 Act” substitute “financial assistance from the Secretary of State
5
under section 14 of the Education Act 2002”.
25
In section 34 (approval of plans), for subsection (1) substitute—
“(1)
The governing body of any institution which—
(a)
is or may become eligible to receive grants under section 65
of the 1992 Act or section 86 of the 2005 Act, or
10
(b)
provides higher education and is or may become eligible to
receive financial assistance from the Secretary of State under
section 14 of the Education Act 2002,

may apply to the relevant authority for approval of a proposed plan
relating to the institution.”
15
26
In section 37 (enforcement of plans: England), in subsection (1)(a), for
“Training and Development Agency for Schools” substitute “Secretary of
State”.
27
In section 38 (enforcement of plans: Wales), in subsection (4), omit “or the
Training and Development Agency for Schools”.
20
28    (1)
Section 40 (provision of information) is amended as follows.
      (2)
In subsection (1), omit “and the Training and Development Agency for
Schools”.
      (3)
After subsection (1B) insert—
“(1C)
The Secretary of State may provide the Director with information for
25
the purposes of the exercise by the Director of the Director’s
functions.”
      (4)
In subsection (2)—
(a)
for “Training and Development Agency for Schools” substitute
“Secretary of State”;
30
(b)
for “the Agency” substitute “the Secretary of State”;
(c)
for “either of those bodies for the purposes of its functions”
substitute “—
(a)
the Council for the purposes of its functions, or
(b)
the Secretary of State for the purposes of the Secretary
35
of State’s functions relating to training for members
of the school workforce (within the meaning of Part 3
of the 2005 Act).”
29
In section 41 (interpretation of Part 3), in subsection (2)(a)—
(a)
omit “78 or”;
40
(b)
after “2005 Act,” insert “or financial assistance under section 14 of the
Education Act 2002,”.
EA 2005
30
EA 2005 is amended as follows.

Education Bill
Schedule 5 — Abolition of the TDA: transfer schemes
72

31
Section 99 (introduction of Schedule 15) is repealed.
32
In Schedule 14 (amendments relating to training of school workforce), omit
paragraphs 1 to 4, 8, 19(4)(b), 21(3) to (5), 22, 24, 25, 28(5), 29(b) and 32 to 34.
33
Schedule 15 (transitional and transitory provisions relating to Part 3) is
repealed.
5
Schedule 5
Section 17

Abolition of the TDA: transfer schemes
Staff transfer schemes
1     (1)
The Secretary of State may make a scheme (a “staff transfer scheme”)
providing—
10
(a)
for a designated employee of the TDA to become a member of staff
of the Secretary of State (and accordingly to become employed in the
civil service of the state);
(b)
so far as may be consistent with employment in the civil service of
the state, for the terms and conditions of the employee’s employment
15
with the TDA to have effect as if they were the conditions of service
as a member of the Secretary of State’s staff;
(c)
for the transfer to the Secretary of State of the rights, powers, duties
and liabilities of the TDA under or in connection with the employee’s
contract of employment;
20
(d)
for anything done (or having effect as if done) before that transfer by
or in relation to the TDA in respect of such a contract or the employee
to be treated as having been done by or in relation to the Secretary of
State.
      (2)
A staff transfer scheme may provide for a period before the employee
25
became a member of the Secretary of State’s staff to count as a period during
which the employee was a member of the Secretary of State’s staff (and for
the operation of the scheme not to be treated as having interrupted the
continuity of that period).
      (3)
A staff transfer scheme may provide for the employee not to become a
30
member of the Secretary of State’s staff if the employee gives notice objecting
to the operation of the scheme in relation to the employee.
      (4)
A staff transfer scheme may provide for a person who would be treated (by
an enactment or otherwise) as being dismissed by the operation of the
scheme not to be so treated.
35
      (5)
A staff transfer scheme may provide for an employee of the TDA to become
a member of the Secretary of State’s staff despite any provision, of whatever
nature, which would otherwise prevent the person from being employed in
the civil service of the state.