Select Committee on Delegated Powers and Deregulation Ninth Report


ANNEX

TEACHING AND HIGHER EDUCATION BILL [HL]

Memorandum by the Department for Education and Employment

Introduction

1.    The Clerk to the House of Lords Delegated Powers Scrutiny Committee has requested a memorandum from the Department for Education and Employment in respect of the Teaching and Higher Education Bill, first read on 26 November 1997.

Outline and scope of the Bill

2.    The Bill as introduced in the House of Lords has 29 clauses and 3 schedules. Its provisions fall into three broad areas:

    a.  provisions relating to teaching and teacher training. These provide for the establishment of a General Teaching Council for England and for Wales (see clauses 1 to 11 and schedule 1); for the Secretary of State to require head teachers who have not held a headship before to have a professional headship qualification (clause 12); for newly qualified teachers to be required to serve an induction period (clause 13); and for the inspection of teacher training courses. These provisions extend to England and Wales;

    b.  the setting up of a new system for student support in further and higher education (see clauses 16, 17 and 21). These provisions extend to England, Wales and Scotland; and

    c.  provisions for certain young employees to be entitled to time to study or train for approved qualifications (see clause 23). These provisions extend to England, Wales and Scotland.

Proposals for subordinate legislation

3.    The Bill contains a number of provisions which would give the Secretary of State new powers to make regulations and orders. A commentary on these provisions appears in paragraphs 7 onwards of this memorandum.

4.    In considering the type of Parliamentary scrutiny which would be appropriate for each regulation or order making power conferred by the Bill, the Department has sought to follow established practice. The Department's understanding is that subordinate legislation is acceptable where it has the purpose of:

    a.  avoiding too much technical and administrative detail on the face of the legislation, and keeping Bills shorter than they would otherwise be;

    b.  ensuring flexibility in responding to changing circumstances, and a measure of ability to make changes quickly in the light of experience without the need for primary legislation;

    c.  allowing detailed administrative arrangements to be set up and kept up to date within the basic structures and principles set out in the primary legislation, subject to Parliament's right to challenge any inappropriate use of powers; and

    d.  allowing flexible timing to get legislation right, to consult, and to change it when circumstances change.

5.    The Bill provides for any order or regulations made by the Secretary of State under this Bill or under new provisions to be inserted in the Education Reform Act 1988 ("the ERA"), the Education (Scotland) Act 1980 ("the 1980 Act") and the Employment Rights Act 1996 ("the 1996 Act"), to be made by statutory instrument.

6.    All statutory instruments made under the Bill (and under the new provisions inserted into the ERA, the 1980 Act and the 1996 Act) are subject to the negative resolution procedure, except:

    a.  any regulations under clause 16 which increase the maximum amount of grant payable in respect of fees for a higher education course at a publicly funded institution by more than the rate required to maintain the value of the grant in real terms, which is subject to an affirmative resolution; and

    b.  orders under clause 29 bringing into force provisions of the Bill, which is not subject to Parliamentary procedure.

Clause by clause analysis of delegated powers

Clause 1 : The General Teaching Council (GTC)

1.    Subsection (3) allows the Secretary of State to make regulations about how the Council is to be constituted. The regulations may authorise the Council to make rules in relation to such matters. Subsection (4) requires the Secretary of State to have regard to the desirability of the Council's membership reflecting the interests of teachers, employers of teachers, providers of teacher training and the general public.

2.    The regulations will enable the methods of appointment to the Council to be set out. These may include nominations from various interest groups, appointments by the Secretary of State and elections by teachers. The use of regulations will allow a degree of flexibility to ensure that the membership of the Council remains representative and appropriate to its functions, as circumstances change over time. It also allows the Secretary of State further time to consult with the various interested parties to ensure that the Council is truly representative and that there is a consensus of opinion on how it is constituted. The regulations may also cover the detail of the administrative arrangements for appointments to the Council or specify those details which may be covered in the GTC's own rules. We believe it is, therefore, appropriate for regulations, made by negative resolution, to be used. Regulations under this clause are likely to be made in conjunction with those under paragraph 3 (1) of schedule 1.

Clause 4: Regulations relating to registration

3.    Subsection 4(1) enables the Secretary of State to make regulations about the form and manner of registration and other matters relating to registration. Some of the registration issues which the regulations may prescribe are detailed in subsections (2), (3) and (4) and include allowing for a registration fee to be charged, at a level approved by the Secretary of State.

4.    The use of regulations by negative resolution is thought appropriate as these regulations will cover the detail of the administrative arrangements for registration. Regulations will also allow a degree of flexibility to ensure that the arrangements are kept up to date. It is also the Government's intention to consult widely on the content of these regulations.

Clause 5: Additional and ancillary functions

5.    Subsection (1) enables the Secretary of State by order to confer additional functions on the GTC which he considers it may appropriately discharge in conjunction with any of its other functions. Subsections (3) and (4) allow for such functions to include the administration of the award of qualified teacher status and the maintenance of records for persons who are not currently serving as teachers or who are not qualified teachers. Subsection (2) requires the Secretary of State to consult before any such regulations are laid.

6.    This regulation making power is necessary to enable the GTC role to be fine-tuned in the light of early experience and to allow it to perform new roles in changed circumstances where it was clearly the intention of Parliament that the GTC should be able to fulfil that role. It will also enable the GTC to have efficient and effective administration procedures which avoid any duplication between GTC and Department for Education and Employment functions. It allows, for example, for a single database of teachers' records to be maintained.


Clause 6 : Power to establish a separate body for Wales, to be known as the General Teaching Council for Wales (GTC for Wales)

7.    This clause allows the Secretary of State to make an order establishing a GTC for Wales and to set the date from when it will exercise the functions conferred on it. It also allows such an order to provide for matters set out in clause 1 or schedule 1 to have effect in relation to the GTC for Wales, subject to any modifications set out in the order. The exact date of establishing the GTC for Wales has still to be decided. This enabling power will permit the Secretary of State to decide the appropriate time; taking account of emerging constitutional changes affecting the governance of Wales. It is therefore considered appropriate for this to be dealt with in negative regulations.

Clause 8 : Functions of the General Teaching Council for Wales in relation to teachers

8.    Subsections (2), (3) and (6) of the Education Reform Act 1988 enable the Secretary of State to make regulations dealing with conferment of qualified teacher status; cases in which persons who are not qualified may be permitted to teach; and the prohibition or restriction of persons from teaching. Subsection (2) of this clause allows the Secretary of State to make provisions in such regulations for any decisions on these matters (relating to teachers) to be made by the General Teaching Council for Wales. The timing of when the GTC for Wales might be given such powers is likely to depend on when the body is established. Since the primary legislation will permit the principle to be thoroughly examined during the passage of the Bill through Parliament, it is considered that regulations subject to negative resolution procedure are an acceptable way to confer this decision-making power.

Clause 9: Registration requirement for teachers at schools

9.    This clause inserts a new paragraph in section 218(1) of the Education Reform Act 1988 which enables regulations to be made requiring persons employed as teachers in maintained schools and in non-maintained special schools to be registered with the GTC or (after it is established) the GTC for Wales. The regulations may make exceptions to this requirement.

10.  The use of a regulation power by negative resolution is consistent with the existing regulatory framework which is being amended. It also allows for further consultation to ensure that the requirement for teachers to be registered has the support of the profession and other parties. Amendments can also be made relatively quickly to ensure that the arrangements remain up to date and continue to reflect existing systems and procedures. The regulations also allow flexibility for exceptions which may be added from time to time.

Clause 10 : Deduction of fees from salaries

11.  Subsection (1) enables the Secretary of State to make regulations requiring employers to deduct the registration fee for the GTC from teachers' salaries and pay it to the GTC. The provisions will apply only to teachers who are registered with the GTC or who are required to register with the GTC. The employers will be mostly LEAs, but may include governing bodies of the proposed foundation, special and voluntary aided schools. The regulations may allow for exceptions.

12.  These regulations may set out the arrangements for collecting the registration fee. These arrangements are likely to change from time to time and new exceptions may have to be added. Regulations by negative resolution allow a degree of flexibility and avoid too much detail in the Bill.

Clause 11 : Supply of information relating to teachers

13.  Subsection (3) enables the Secretary of State to make regulations requiring the GTC for England and the GTC for Wales (when established) to supply information to such persons as are prescribed in the regulations for purposes which are subject to such conditions as may be so prescribed. It also enables the two Councils to share information about persons so that they can carry out their functions.

14.  This power is necessary to allow the two GTCs to work effectively together, and with other agencies including Government departments, the GTC for Scotland and any Council established in Northern Ireland. It is difficult to anticipate the persons or bodies to whom information held by the GTC should be supplied. The use of regulations by negative resolution will allow a degree of flexibility so that persons or bodies can be named and changed if necessary, for example when new bodies are established, without having to return to primary legislation.

Clause 12: Mandatory qualification for headship

15.  Clause 12 inserts a new subsection 218(1)(aa) into section 218 of the Education Reform Act 1988. It extends the existing regulation-making powers contained in that section so as to allow the Secretary of State the power to make regulations:

    a.  requiring that all those appointed as head teachers at maintained schools and non-maintained special schools, subject to exceptions provided by or under the regulations, should hold a professional headship qualification. The regulations are likely to except those in charge of Pupil Referral Units who are not paid as head teachers; and holders of planned equivalent professional headship qualifications awarded in Scotland and Northern Ireland.

    b.  determining what will amount to a professional headship qualification;

    c.  conferring, or enabling the Secretary of State to confer, on bodies or persons determined in, or in accordance with, regulations, functions relating to the accreditation of courses, the awarding of qualifications and other functions as may be so determined;

    d.  requiring bodies awarding the qualification to notify him or another body (as he determines) of any person who is awarded the qualification and other related information.

16.  The regulations will be made by statutory instrument, subject to negative resolution. In the Department's view, it would be more appropriate for the details of the operation of the requirement to be covered in regulations rather than in primary legislation because secondary legislation will afford the necessary flexibility to take account of changing circumstances and experience. Moreover, subordinate legislation is more appropriate than primary for the sort of detailed specification which is needed. This parallels the provisions relating to qualified teacher status set out in section 218 of the ERA and the associated Education (Teachers) Regulations 1993.

Clause 13 : Requirement to serve an induction period

17.  Clause 13(1) enables the Secretary of State to make regulations requiring persons employed as teachers at maintained and non-maintained special schools satisfactorily to complete an induction period. The regulations may make provisions in connection therewith and also make exceptions.

18.  Clause 13(2) enables the Secretary of State to make regulations as to: the length of the induction period; the arrangements for the supervision and training of a person during their induction period; authorising the Secretary of State to determine the standards to be used for assessing teachers at the end of the induction period; requiring the appropriate body (see below) to decide whether a person has met the induction standards, or whether the induction period should be extended, and if so by how much it should be extended; requiring head teachers to make a recommendation to the appropriate body on whether a person has met the induction standards, or whether the induction period should be extended, and if so by how much it should be extended; the arrangements whereby persons affected by a decision under subsection 13(2)(d) can appeal against that decision; and requiring the appropriate body to inform the Secretary of State and either the General Teaching Council or the General Teaching Council for Wales of any decision reached under clause 13(2)(d). Clause 13(3) enables the Secretary of State to define the appropriate body in regulations.

19.  Clause 13(1) is enabling in nature to ensure that the Secretary of State has the flexibility to respond to changing circumstances without the need for new primary legislation. The other matters to be prescribed in regulations will be essentially administrative and technical in nature, designed to allow for effective implementation of the new induction programme, and as such appropriate for secondary legislation. It is considered that regulations subject to the negative resolution procedure are an acceptable way to confer these powers on the Secretary of State.

Clause 16: New arrangements for giving financial support to students

Regulation making powers

20.  This clause requires the Secretary of State to make regulations governing financial support for students on higher or further education courses. These regulations, which will relate to England and Wales only, will take the place of the annual regulations dealing with mandatory awards and student loans which are currently made under the Education Act 1962 and the Education (Student Loans) Act 1990. Similar provisions for Scotland are in clause 21.

21.  Regulations under clause 16 will be able to provide for support in the form of either grants or loans. Such support may either be mandatory - ie the Secretary of State will be obliged to make the grant or loan available to any student who meets the relevant criteria - or discretionary.

22.  Clauses 16(1) and (2) define a number of specific areas in which the regulations may make provision, as follows:

        a.  criteria for determining whether an individual student is eligible for a particular grant or loan in terms of:

      i)    his personal attributes or circumstances (which would include for example age or residency requirements);

      ii)    the level and type of course he is attending (under clause 20(2) this may in particular include provision that courses provided wholly or partly outside the UK may qualify for grants or loans); and

      iii)  his mode of attendance (for example full-time or part-time);

    b.  provisions defining the purpose of grants or loans (for example for fees or for living costs, or for specific purposes relating for example to a student's disability);

    c.  the maximum amount payable to a student in relation to any grant or loan in any academic year, and the actual amounts payable to an individual in cases where that amount varies according to his circumstances (for example where his own or his parents' or spouse's income is taken into account);

    d.  the terms and conditions applying to grants, including in particular:

      i)    terms and conditions requiring repayment in certain circumstances; and

      ii)    terms and conditions allowing for the suspension or termination of payments under any grant in certain circumstances;

    e.  the terms and conditions applying to loans; and

    f.    provisions authorising the payment of grant for fees direct to institutions. These provisions will enable the Government to implement its policy of replacing the current system of mandatory awards and loans for higher education students with a new system of loans for living costs. The Government is introducing income-related contributions to tuition fees (of up to £1,000) under existing legislation next year, and that system will be continued under these provisions. The provisions will also enable new arrangements to be put in place to replace the existing system of local education authority discretionary awards in further and higher education.

23.  Clause 16(3) gives further details about the kinds of terms and conditions which can be set in relation to loans. They are:

    a.  provisions relating to the interest rate charged, which may be varied from time to time;

    b.  provisions relating to the timing of repayments (ie when they fall due) and the manner in which repayments are to be made, which again may be varied from time to time;

    c.  provisions enabling a borrower's liability in respect of his loan to be deferred (for example when the borrower's income is low) or cancelled altogether; and

    d.  provisions with respect to the sums which a borrower may receive under a loan after the commencement of bankruptcy proceedings or the date of sequestration of his estate.

24.  The Government's policy is that the interest rate on loans should be linked to the RPI. However, there are technical difficulties in making an appropriate legislative provision for this given that collection through the Inland Revenue (see paragraph 33 below) will mean time lags between repayments being deducted from borrowers' salaries and credited to their accounts. The Government is currently considering these issues and hopes to bring forward an amendment in due course which would make the interest rate position clear on the face of the Bill. This would provide reassurance to borrowers by preventing the Government from charging a rate higher than the rate of inflation.

25.  Clause 16(4) provides for the regulations to deal with various matters relating to the collection of loan repayments. It provides that the regulations may:

    a.  impose requirements on employers, government departments or others in relation to the deduction of repayments from borrowers' remuneration, the collection of repayments by other means and the transmission of amounts collected to the Secretary of State;

    b.  impose requirements on employers relating to the keeping and production of records relating to loan repayments;

    c.  impose requirements on borrowers relating to the provision of information about, and documentation relating to, their income;

    d.  enable the Secretary of State to charge to borrowers who default on their loans the administrative costs associated with collecting the overdue amounts; and

    e.  provide that the provisions of any of the Income Tax Acts or of regulations under section 203 of the Income and Corporation Taxes Act 1988 (PAYE) may be applied or extended, with or without modification, for purposes connected with the collection of student loan repayments.

26.  These provisions will enable the Government to implement its policy of linking the repayment of loans directly to borrowers' income by arranging for repayments to be deducted at source by the borrower's employer and passed via the Inland Revenue to the Student Loans Company (SLC). Repayments for self-employed graduates will also be collected by the Revenue; whilst borrowers outside the UK tax system will be dealt with direct by the SLC.

27.  In the Government's view it is appropriate for the matters referred to in paragraphs 28-31 above to be dealt with in regulations for the following reasons:

    a.  the detailed rules governing grants and loans will be extremely complex as they will need to take account of a very wide range of individual circumstances and special cases. It would be inappropriate to include this level of detail in primary legislation. Similar matters are dealt with in regulations under the existing legislation; and

    b.  the Government will need the flexibility to change the details of the arrangements from time to time. For example:

      i)    certain aspects - notably the maximum rates of grant and loan, the scales for assessing parental and other contributions, and the interest rate on loans - will need to be amended on an annual basis;

      ii)    it is likely that changes will be needed over time to take account of changes in post-compulsory education. For example, the distinctions between full-time and part-time study and between higher and further education are increasingly becoming blurred: dealing with issues relating to eligibility in regulations will enable the Government to respond flexibly as the system evolves; and

      iii)  because the Government will be making long term loans to students, it is inevitable that technical changes will be needed from time to time to take account of changing circumstances. For example, the mechanics of the repayment system will need to be adjusted to reflect any future changes in the tax system such as an increased reliance on self-assessment.

28.  There are two areas where clause 16 allows for matters to be determined by the Secretary of State under regulations, rather than prescribed in the regulations. These are:

    a.  the terms and conditions applying to grants; and

    b.  the terms and conditions applying to loans, other than those which clauses 16(2) and 16(3) specifically require to be prescribed in the regulations - that is, provisions relating to the interest rate on loans and the time and manner of repayments.

29.  This approach - which has been adopted in respect of grants in Scotland for some years - will enable the Government to determine the fine detail of the terms and conditions administratively whilst retaining Parliamentary scrutiny over the key elements such as the percentage of income which graduates must contribute each month. Examples of matters which might be handled in this way are provisions relating to the repayment of grant if a borrower drops out of his course; and detailed terms and conditions relating to loans such as the requirement to have a bank account which will accept direct credits.

30.  If the Secretary of State is acting on his own behalf - for example through an executive agency, as in Scotland - there is no need for this kind of detail to be prescribed in regulations. However, where functions are delegated to third parties (see paragraph 38 below) the regulations will need to include all the detail to ensure that the Secretary of State's policy is carried out. The Bill leaves both possibilities open to ensure that the regulations are not more prescriptive than they need to be, taking into account the way in which the system is to be administered.

31.  Regulations under clause 16 will be subject to the negative resolution procedure, with one exception. Clause 16(5) and (6) provides that where regulations provide for an increase in the maximum amount of grant towards fees in respect of a higher education course at a publicly funded institution, and that increase is higher than the rate required to maintain the value of the grant in real terms, the regulations shall be subject to affirmative resolution in both Houses. The purpose of this is to provide a reassurance to students and their families that the maximum level of grant for fees - and by extension the maximum level of contribution which students themselves, their parents or spouses can be assessed to make towards fees - cannot rise by more than the rate of inflation without the positive approval of Parliament.

Other delegated powers

32.  In addition to regulation making powers, clause 16 provides - in subsection (7) - for the Secretary of State to be able to determine that any or all of his functions under regulations made under this clause shall be delegated to one or more other persons or bodies, and to such extent as he may specify. This will enable him, for example, to delegate certain administrative tasks to the Student Loans Company or to local education authorities. The Government is currently considering what arrangements should be put in place for administering the new system - including the Dearing Committee's recommendation of a single Student Support Agency and the alternative of building on the existing expertise in LEAs and the SLC - and expects to make an announcement shortly.

33.  Clause 16(8) provides that the Secretary of State may issue directions to any person or body to whom a function is delegated, relating to the exercise of that function. This will allow the Secretary to require, for example, that compatible computer systems are used by the various players in the student support system; or to specify the form of records which are kept. These are matters of administrative detail which will change from time and time and it is appropriate therefore that they should be dealt with in this way.




Clause 17: Transitional arrangements

34.  Clause 17 provides for the Secretary of State to make transitional arrangements in connection with the repeal of existing legislation governing mandatory and discretionary awards in England and Wales and student loans in England, Wales and Scotland.

35.  Such repeals are provided form in clause 27(2), and a commencement order bringing that clause into force will be subject to the negative resolution procedure: clause 25(1).

36.  The Government's policy is that students who entered higher education prior to academic year 1998/99 should continue to receive support on the basis on which they started their courses (for example that they should continue to be eligible for grants for living costs). In addition, students and former students who have taken out student loans under the existing legislation must continue to have the terms of their loans governed by the legislation which was in force when the loans were taken out. For these reasons, it will be necessary to repeal different sections of the existing legislation at different times and for different purposes, and the process is likely to be quite complex and to be spread over a number of years. For example, some provisions will be repealed totally only once the last student receiving support under the old system has left his course: it is impossible to predict exactly when that will be. In order to allow the flexibility to manage the transition to the new system sensibly, the Government believes that it is appropriate to effect these repeals by Order.

37.  Clause 17(1) provides that regulations made under clause 16 may make such transitional provisions and savings as the Secretary of State considers necessary or expedient in connection with the repeal of existing student support legislation under clause 17(3). These provisions will be detailed and technical and it would not be appropriate to include them in primary legislation.

38.  Clause 17(3) provides that an order bringing into effect the repeal of existing legislation may provide for the transfer of existing rights and liabilities to the Secretary of State or to such other person or body as may be specified. This is a necessary consequential arising from the intention to repeal the existing student support legislation. It will enable students with rights and liabilities outstanding from the old student support regime to be absorbed into whatever new administrative structure is in place at the point when the repeals are effected.

Clause 21 : Grants and loans, Scotland

39.  Clause 21 seeks to amend the existing student support provisions in the Education (Scotland) Act 1980 to reflect the powers and duties envisaged for England and Wales in clause 16 of the Bill. Clause 21(1)(b) extends the Secretary of State's existing powers in relation to the payment of allowances to include the making of loans. Clause 21(1)(c) enables the Secretary of State, if he so determines, to delegate any of the functions exercisable by him by virtue of regulations made by him under the new subsection 73(1)(f) of the 1980 Act to a third party, to the extent specified by him. The person to whom these functions are delegated is required to comply with any directions the Secretary of State may give.

40.  Clause 21(2) inserts two new sections - 73A and 73B - into the Education (Scotland) Act 1980, both of which relate to the Secretary of State's regulation making powers. The new section 73A sets out a range of the provisions which may be included in regulations under the new section, insofar as relating to loans, without prejudice to the generality of section 73(1)(f) - the existing section 73(f). The specified matters include transitional provisions in relation to student loans made under the Education (Student Loans) Act 1990 and such matters as may be necessary or expedient in connection with the recovery of amounts due under loans made under the powers contained in this clause. The provisions extend to the imposition of duties on employers in relation to the making of deductions and the keeping and production of records; and on borrowers in relation to the provision of information and reimbursement of expenses incurred in the recovery of unpaid amounts.

41.  The new section 73B enables the Secretary of State to determine, by means of regulations, the maximum allowances payable in respect of the fees charged in any academic year for attendance on specified courses of higher education. It also provides that, where such a maximum has been specified, it can only be increased by an amount greater than that required to maintain its value in real terms by an order made under the affirmative resolution procedure.

42.  The Government considers it appropriate for these matters to be dealt with in regulations in view of the complexity of the detailed provisions required and the need for certain aspects to be amended at regular intervals. Individual grant and loan rates, and interest rates, are likely to require some adjustment at annual intervals. The detailed provisions relating to eligibility, repayment, etc will also require adjustment from time to time to reflect changes in the pattern of provision of higher education and changes in the operation of the tax system, for example. The use of regulation making powers in these circumstances will enable such adjustments to be made promptly and regularly within the framework laid down by Parliament in the primary legislation.

43.  With two exceptions the delegated powers envisaged in this clause will be exercisable by statutory instrument subject to the negative resolution procedure. The first exception is any increase in the maximum amount payable in respect of tuition fees under section 73B which exceeds the sum required to maintain its value in real terms. In those circumstances the statutory instrument would be subject to the affirmative resolution procedure. Secondly, clause 21(1)(c) enables the Secretary of State to determine whether, and to what extent, the functions exercisable by him should be exercisable by a third party.

Clause 23: Right to time off for young person for study or training

44.  New subsection 63A(1)(c) of the Employment Rights Act 1996 - power to prescribe standard of achievement. This subsection allows the Secretary of State to prescribe by regulations (subject to negative resolution) the standard of achievement which would determine both a young person's eligibility for the right to time off for study or training, and that which they should seek to attain. It is envisaged that the standard may be expressed in a number of different ways : for example, in terms of a single qualification, or a number of qualifications, or a grouping or accumulation of qualifications. Relevant qualifications that are currently available include those which are vocational, such as National Vocational Qualifications, and those which are non-vocational, such as GCSEs. The varying types of qualifications that may be relevant can also be differentiated by their levels, and some are or may be grouped as certificates. The position can vary as between England and Wales, and is different again in Scotland. In the light of these issues, and the need for flexibility to respond to evolving policy on qualifications and desirable standards of attainment, it is considered appropriate for the standard of achievement to be dealt with in regulations.

45.  New subsection 63A(2) of the Employment Rights Act 1996 - power to specify a person or body to award or authenticate an academic or vocational qualification ("external qualification"). This subsection allows the Secretary of State to specify in or under regulations a person or body to award or authenticate an academic or vocational qualification ("an external qualification"), the attainment of which would contribute to the attainment of the standard prescribed for the purposes of subsection (1)(c) and would be likely to enhance the employee's employment prospects. It is expected for example that the qualifications, and the awarding bodies offering the qualifications, will be accredited by the appropriate regulatory authorities. The new Qualifications and Curriculum Authority will for example be the guardian of standards in England. The relevant authorities are however only beginning their work on accreditation, and in light of the need for flexibility to accommodate the different bodies and arrangements, and the evolving policy on qualifications, it is considered appropriate for the specification of the appropriate bodies to be dealt with in regulations.

Clause 29: Short title, commencement and extent

46.  Clause 29 provides for provisions of the Act to be brought into force by commencement orders. In accordance with the usual practice, such orders will not be subject to Parliamentary procedure.

Schedule 1

Paragraph 3 (Election and Appointment of the Chairman and Members of the Council)

47.  Paragraph 3(1) enables the Secretary of State to make regulations about the appointment or election of the Chairman of the GTC and about his tenure of office. It also enables regulations to be made about the appointment or election, tenure and vacation of office of the members of the GTC. The regulations can be used to enable the GTC to make its own provisions on these matters.

48.  A regulation making power by negative resolution has been used to enable further consultation to be undertaken on the arrangements for appointments or election. They will also allow a degree of flexibility. For example, it may be that different approaches may be appropriate for the appointment of the first Chairman to those for subsequent Chairmen. Regulations under this paragraph are likely to be made in conjunction with those under clause 1.

Paragraph 9 (Committees)

49.  Paragraph 9(1) enables the Secretary of State to make regulations to require the GTC to establish committees for specific purposes. Where the Secretary of State requires committees to be established, he may also make regulations about their membership, tenure of office and procedures.

50.  A regulation making power by negative resolution will allow the Secretary of State to consult on whether the GTC should have a statutory committee with statutory procedures to deal with any particular part of its business. Some equivalent bodies in other professions have statutory committees to deal with professional disciplinary cases and/or with professional educational matters. Regulations will allow a degree of flexibility to respond to any changes in circumstances so that, if necessary, the GTC can be required to set up a committee on a particular issue.

1997


 
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