Session 2010 - 11
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Other Bills before Parliament


 
 

Public Bill Committee: 5 April 2011                     

246

 

Education Bill, continued

 
 

      (2)  

In subsection (2), for “a relevant body” substitute “the Chief Executive”.

 

      (3)  

In subsections (4) and (5), for “body” substitute “Chief Executive”.

 

      (4)  

Omit subsection (6).

 

            

In section 159(1) (interpretation of Part 8), omit the definition of “the YPLA”.

 

Safeguarding Vulnerable Groups Act 2006 (c. 47)

 

            

In Schedule 7 to the Safeguarding Vulnerable Groups Act 2006 (vetting

 

information), in the table in paragraph 1, in column 1 of entry 18—

 

(a)    

omit “61 or”;

 

(b)    

after “2009” insert “, section 14 of the Education Act 2002”.

 

Local Government and Public Involvement in Health Act 2007 (c. 28)

 

            

In section 104 of the Local Government and Public Involvement in Health Act

 

2007 (partner authorities), in subsection (4), omit paragraph (fa).

 

ESA 2008

 

            

ESA 2008 is amended as follows.

 

            

In section 13 (notification of non-compliance with section 2 duty), in

 

subsection (5), in paragraph (f) of the definition of “educational institution”,

 

for “Young People’s Learning Agency for England” substitute “Secretary of

 

State”.

 

            

In section 72 (educational institutions: duty to provide information), in

 

subsection (5), in paragraph (f) of the definition of “educational institution”,

 

for “Young People’s Learning Agency for England” substitute “Secretary of

 

State”.

 

            

In section 77 (supply of information by public bodies), in subsection (2)(b), for

 

“Young People’s Learning Agency for England” substitute “Secretary of

 

State”.

 

            

In section 132 (providers of independent education or training for 16 to 18 year

 

olds), in subsection (2)(b)(iv), for “Young People’s Learning Agency for

 

England” substitute “Secretary of State”.

 

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

 

            

In section 123 of the Local Democracy, Economic Development and

 

Construction Act 2009 (partner authorities), in subsection (4), omit paragraph

 

(ga).’.

 

Mr Nick Gibb

 

213

 

Schedule  15,  page  111,  line  14,  at end insert—

 

‘          

In section 107 (provision of services), in subsection (4), omit paragraph (e).’.

 

Mr Nick Gibb

 

214

 

Schedule  15,  page  111,  line  22,  at end insert ‘and 57(b).

 

            

In Schedule 12 (Ofqual and the QCDA: minor and consequential

 

amendments), omit paragraph 28(3).’.

 



 
 

Public Bill Committee: 5 April 2011                     

247

 

Education Bill, continued

 
 

Mr Graham Stuart

 

65

 

Clause  65,  page  52,  leave out lines 6 to 16.

 


 

Kevin Brennan

 

Mr Iain Wright

 

237

 

Clause  66,  page  52,  line  44,  after ‘guidance’, insert ‘which must be aimed at

 

guaranteeing standards of apprenticeship certificates.’.

 

Mr Graham Stuart

 

78

 

Clause  66,  page  53,  line  7,  at end insert—

 

‘(5)    

The guidance or directions given by the Secretary of State to the person

 

designated under this section to issue apprenticeship certificates must include

 

measures to ensure the timely delivery of certificates, a competitive

 

apprenticeship market and a process to appeal decisions of the chosen body.’.

 


 

Kevin Brennan

 

Mr Iain Wright

 

238

 

Clause  68,  page  53,  leave out line 24.

 

Kevin Brennan

 

Mr Iain Wright

 

239

 

Clause  68,  page  53,  leave out line 25 to 32.

 

Kevin Brennan

 

Mr Iain Wright

 

240

 

Clause  68,  page  53,  line  33,  leave out subsection (3).

 


 

Kevin Brennan

 

Mr Iain Wright

 

241

 

Clause  69,  page  54,  line  6,  at end insert—

 

‘(aa)    

sections 11 to 18;

 

(ab)    

sections 19 to 39 (except section 29(1)(b));

 

(ac)    

sections 40 to 44.’.

 



 
 

Public Bill Committee: 5 April 2011                     

248

 

Education Bill, continued

 
 

Kevin Brennan

 

Mr Iain Wright

 

245

 

Clause  70,  page  54,  line  36,  at end insert—

 

‘(2A)    

In section 22 of THEA 1998 (recovery of amounts due from borrowers), in

 

subsection (5), after paragraph (h), insert—

 

“(i)    

imposing on borrowers conditions on which an outstanding

 

amount can be repaid in advance of the term date”.’.

 

Kevin Brennan

 

Mr Iain Wright

 

244

 

Clause  70,  page  54,  line  43,  at end add—

 

‘(5)    

In section 42 of THEA 1998 (Orders and regulations), in subsection (4) leave out

 

“the first”.’.

 


 

Mr Nick Gibb

 

215

 

Page  55,  line  13,  leave out Clause 72.

 


 

Mr Nick Gibb

 

216

 

Page  56,  line  4,  leave out Clause 73.

 


 

Mr Nick Gibb

 

201

 

Clause  74,  page  56,  line  26,  leave out ‘or 63(2)’.

 


 

Mr Nick Gibb

 

242

 

Clause  77,  page  57,  line  13,  leave out ‘(2) to’ and insert ‘(3) and’.

 

Mr Nick Gibb

 

243

 

Clause  77,  page  57,  line  14,  leave out subsection (2).

 



 
 

Public Bill Committee: 5 April 2011                     

249

 

Education Bill, continued

 
 

Kevin Brennan

 

Mr Iain Wright

 

139

 

Clause  78,  page  57,  line  31,  leave out paragraph (c) and insert—

 

‘(c)    

section 31.’.

 

Mr Nick Gibb

 

217

 

Clause  78,  page  57,  line  34,  leave out paragraph (f).

 


 

New Clauses

 

Language comprehension

 

Mr Graham Stuart

 

NC1

 

To move the following Clause:—

 

‘The Secretary of State must promote language comprehension as well as word

 

recognition and phonics skills throughout the infant curriculum.’.

 


 

Collection of data on serious incidents in schools

 

Mr Graham Stuart

 

NC2

 

To move the following Clause:—

 

‘The Secretary of State must annually collect and publish data from a

 

representative sample of schools on the number of serious incidents of

 

misbehaviour in schools, including those which do not result in fixed-term or

 

permanent exclusion.’.

 


 

Further education institutions access to information

 

Mr Graham Stuart

 

NC3

 

To move the following Clause:—

 

‘(1)    

This subsection applies to information held for the purposes of functions relating

 

to tax credits—

 

(a)    

by the Commissioners for Her Majesty’s Revenue and Customs, or

 

(b)    

by a person providing services to them, in connection with the provision

 

of those services.


 
 

Public Bill Committee: 5 April 2011                     

250

 

Education Bill, continued

 
 

(2)    

This subsection applies to information held for the purposes of functions relating

 

to social security—

 

(a)    

by the Secretary of State, or

 

(b)    

by a person providing services to the Secretary of State in connection

 

with the provision of those services.

 

(3)    

Information to which subsection (1) or (2) applies may be supplied to the

 

Secretary of State, or a person providing services to the Secretary of State, for use

 

for the purpose of determining eligibility for student support funds.

 

(4)    

Information to which subsection (2) applies may be supplied to an English local

 

authority for use for that purpose.

 

(5)    

Information received by virtue of subsection (3) may be supplied—

 

(a)    

to another person to whom it could have been supplied under that

 

subsection, or

 

(b)    

to an English local authority, for use for that purpose,

 

(c)    

directly to a further education institution.

 

(6)    

The references in subsections (4) and (5)(b) to an English local authority include

 

references to a person exercising on behalf of an English local authority functions

 

relating to eligibility for student support funds.

 

(7)    

This section does not limit the circumstances in which information may be

 

supplied apart from this section.’.

 


 

Further education lecturers in schools

 

Mr Graham Stuart

 

NC4

 

To move the following Clause:—

 

‘The Secretary of State must change the regulations so that qualified Further

 

Education lecturers can teach in schools.’.

 


 

Restrictions on reporting alleged offences by Further Education lecturers

 

Mr Graham Stuart

 

NC5

 

To move the following Clause:—

 

‘In Part 8 of EA 2002 (teachers), after section 136 insert—

 

“Allegations of offences committed by teachers in further education institutions in

 

England and Wales: reporting restrictions

 

136A  

Restrictions on reporting alleged offences by teachers in further

 

education institutions

 

(1)    

This section applies where a person who is employed or engaged as a

 

teacher at a further education institution is the subject of an allegation

 

falling within subsection (2).


 
 

Public Bill Committee: 5 April 2011                     

251

 

Education Bill, continued

 
 

(2)    

An allegation falls within this subsection if—

 

(a)    

it is an allegation that the person is guilty of a relevant criminal

 

offence and

 

(b)    

it is made by or on behalf of a registered student aged 17 or under

 

at the institution.

 

(3)    

No matter relating to the person is to be included in any publication if it

 

is likely to lead members of the public to identify the person as the

 

teacher who is the subject of the allegation.

 

(4)    

Any person may make an application to an appropriate criminal court for

 

an order dispensing with the restrictions imposed by subsection (3).

 

(5)    

The court may make an order dispensing with the restrictions, to the

 

extent specified in the order, if it is satisfied that it is in the interests of

 

justice to do so, having regard to the welfare of the person who is the

 

subject of the allegation.

 

(6)    

The power under subsection (5) of a magistrates’ court may be exercised

 

by a single justice.

 

(7)    

In the case of a decision of a magistrates’ court to make or refuse to make

 

an order under subsection (5), a person mentioned in subsection (8) may,

 

in accordance with Criminal Procedure Rules—

 

(a)    

appeal to the Crown Court against the decision, or

 

(b)    

appear or be represented at the hearing of such an appeal.

 

(8)    

The persons referred to in subsection (7) are—

 

(a)    

a person who was a party to the proceedings on the application

 

for the order;

 

(b)    

any other person with the leave of the Crown Court.

 

(9)    

On an appeal under subsection (7), the Crown Court may—

 

(a)    

make such an order as is necessary to give effect to its

 

determination of the appeal, and

 

(b)    

make such incidental or consequential orders as appear to it to be

 

just.

 

(10)    

The restrictions in subsection (3) cease to apply once there are

 

proceedings in a court in respect of the offence.

 

(11)    

In this section—

 

“appropriate criminal court” means any court in England or Wales which

 

has any jurisdiction in, or in relation to, any criminal proceedings.

 

“publication” includes any speech, writing, relevant programme or other

 

communication in whatever form, which is addressed to the public at

 

large or any section of the public (and for this purpose, every relevant

 

programme shall be taken to be so addressed), but does not include an

 

indictment or other document prepared for use in particular legal

 

proceedings;

 

“relevant criminal offence”, in relation to a person employed or engaged as

 

a teacher or lecturer at a further education institution, means an offence

 

against the law of England and Wales where the victim of the offence is

 

a registered student at the institution;

 

“relevant programme” means a programme included in a programme

 

service, within the meaning of the Broadcasting Act 1990.


 
 

Public Bill Committee: 5 April 2011                     

252

 

Education Bill, continued

 
 

“further education institution” means an institution within the further

 

education sector (within the meaning given by section 91(3)(a) to (c) of

 

the Further and Higher Education Act 1992).

 

136B  

Offence of breach of reporting restrictions

 

(1)    

This section applies if a publication includes any matter in breach of

 

section 136A(3).

 

(2)    

Where the publication is a newspaper or periodical, any proprietor, any

 

editor and any publisher of the newspaper or periodical is guilty of an

 

offence.

 

(3)    

Where the publication is a programme included in a programme service

 

(within the meaning of the Broadcasting Act 1990), the following are

 

guilty of an offence—

 

(a)    

anybody corporate engaged in providing the programme service

 

in which the programme is included, and

 

(b)    

any person having functions in relation to the programme

 

corresponding to those of an editor of a newspaper.

 

(4)    

In the case of any other publication, any person publishing it is guilty of

 

an offence.

 

(5)    

A person guilty of an offence under this section is liable on summary

 

conviction to a fine not exceeding level 5 on the standard scale.

 

(6)    

If an offence committed by a body corporate is proved—

 

(a)    

to have been committed with the consent or connivance of, or

 

(b)    

to be attributable to any neglect on the part of, an officer, the

 

officer as well as the body corporate is guilty of the offence and

 

liable to be proceeded against and punished accordingly.

 

(7)    

In subsection (6) “officer” means a director, manager, secretary or other

 

similar officer of the body, or a person purporting to act in any such

 

capacity.

 

(8)    

If the affairs of a body corporate are managed by its members, “director”

 

in subsection (7) means a member of that body.

 

136C  

Defences

 

(1)    

Where a person is charged with an offence under section 136B, it is a

 

defence for the person to prove any of the matters mentioned in

 

subsection (2).

 

(2)    

The matters are—

 

(a)    

that, at the time of the alleged offence, the person was not away,

 

and neither suspected nor had reason to suspect, that the

 

publications included the matter in question;

 

(b)    

that, at the time of the alleged offence, the person was not aware,

 

and neither suspected nor had reason to suspect, the allegation in

 

question had been made;

 

(c)    

that the person who is the subject of the allegation had given

 

written consent to the inclusion of the matter in question in the

 

publication.


 
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Revised 5 April 2011