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
|